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CC 2023-01-24 Agenda PackageCITY COUNCIL MEETING AGENDA SUMMARY Tuesday, January 24, 2023, 6:00 p.m. In person at: Arroyo Grande City Council Chambers 215 E. Branch Street, Arroyo Grande, CA 93420 AND via Zoom at: https://us02web.zoom.us/j/83255848846 Please click the link above to join the Zoom Meeting: Webinar ID: 832 5584 8846 Or by Telephone: 1-669-900-6833; 1-346-248-7799 In compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this City Council meeting is being conducted in a hybrid in-person/virtual format. Members of the public may participate and provide public comment on agenda items during the meeting in person at the location identified above, by joining the Zoom meeting, or by submitting written public comments to the Clerk of the Council at publiccomment@arroyogrande.org. Meetings will be broadcast live on Channel 20 and streamed on the City’s website and www.slo-span.org. 1.CALL TO ORDER 2.ROLL CALL 3.MOMENT OF REFLECTION 4.FLAG SALUTE ARROYO GRANDE VILLAGE ASSOCIATION 5.AGENDA REVIEW 5.a Closed Session Announcements Announcement of reportable actions taken, if any, from the following meeting: Regular Meeting of January 10, 2023 a) PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1): Title: Interim City Attorney 5.b Ordinances read in title only Move that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 6.SPECIAL PRESENTATIONS 6.a Honorary Proclamation Declaring February 2023 as Black History Month 6.b Child Care Grant Awards Presentation (BOHLKEN) 6.c Update Regarding Countywide COVID-19 Efforts (McDONALD) Recommended Action: Receive update, accept public comments, discuss, and provide direction as necessary. 6.d City Manager Communications (McDONALD) Recommended Action: Receive correspondence/comments as presented by the City Manager and Provide direction, as necessary. 7.CITY COUNCIL REPORTS 7.a MAYOR RAY RUSSOM: California Joint Powers Insurance Authority (CJPIA)1. Central Cost Blue Regional Recycled Water Authority Board2. South San Luis Obispo County Sanitation District (SSLOCSD)3. Other4. 7.b MAYOR PRO TEM BARNEICH: Audit Committee1. Homeless Services Oversight Council (HSOC)2. Zone 3 Water Advisory Board3. Other4. 7.c COUNCIL MEMBER GEORGE: Five Cities Fire Authority1. Tourism Business Improvement District Advisory Board2. Visit SLO CAL Advisory Board3. Other4. 7.d COUNCIL MEMBER GUTHRIE: County Water Resources Advisory Committee (WRAC)1. Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT) 2. Integrated Waste Management Authority Board (IWMA)3. REACH SLO Advisory Commission4. Other5. 7.e COUNCIL MEMBER SECREST: Page 2 of 215 Air Pollution Control District (APCD)1. Brisco/Halcyon Interchange Subcommittee2. South County Chambers of Commerce Governmental Affairs Committee3. Other 4. 8.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. Members of the public may provide public comment in-person or remotely by joining the Zoom meeting utilizing one of the methods provided below. Please use the “raise hand” feature to indicate your desire to provide public comment. Click the link below to join the webinar: https://us02web.zoom.us/j/83255848846; Webinar ID: 832 5584 8846 • Or by Telephone: 1-669-900-6833; 1-346-248-7799 Press * 9 to “raise hand” for public comment • 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. 9.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. 9.a Consideration of Cash Disbursement Ratification (VALENTINE) Recommended Action: Ratify the attached listing of cash disbursements for the period of December 16 through December 31, 2022. 9.b Annual Financial Report for Fiscal Year 2021-2022 – Receipt and Use of Water and Sewer Capacity and Connection Fees/Charges Page 3 of 215 (VALENTINE) Recommended Action: Receive and file the annual report of the receipt and use of water and sewer capacity and connection fees and charges, in compliance with Government Code Section 66013. 9.c Consideration of a Resolution Approving the Annual Adjustment of Sewer Connection Fees (VALENTINE) Recommended Action: Adopt a Resolution approving the annual adjustment to the City’s Sewer Connection Fees based on changes in the Engineering News Record Construction Cost Index. 9.d Consideration of a Resolution Approving the Annual Adjustment of Development Impact Fees (VALENTINE) Recommended Action: Adopt a Resolution approving the annual adjustment to the City’s Development Impact Fees based on changes in the Engineering News Record Construction Cost Index. 9.e Consideration of Adoption of a Resolution Confirming the Emergency Services Director’s Proclamation of Existence of a Local Emergency in the City of Arroyo Grande and Waiving Demolition Permit and Inspection Fees Related to Flood Damage (McDONALD) Recommended Action: Adopt a Resolution confirming the Emergency Services Director’s proclamation of the existence of a local emergency and waiving demolition permit and inspection fees for flooded residents and businesses. 9.f Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic (McDONALD) Recommended Action: Adopt a Resolution declaring a continued local emergency related to the Coronavirus (COVID-19) pandemic. 9.g Consideration of Agreement with Best Best & Krieger for Interim City Attorney Services (McDONALD) Recommended Action: Approve the Agreement and appoint Isaac Rosen, of Best Best & Krieger, as the Interim City Attorney. 9.h Approval of Minutes (MATSON) Recommended Action: Approve the minutes of the Regular City Council Meeting of January 10, 2023, as submitted. 9.i Consideration of Adoption of a Resolution Establishing an Electronic Signature Use Policy Page 4 of 215 (MATSON) Recommended Action: Adopt a Resolution establishing an Electronic Signature Use Policy for the City and authorizing the City Manager to amend the Policy and adopt additional guidelines as necessary to implement the Policy’s stated purpose. 9.j Consideration of Council Appointments to Various City Commissions, Boards, and Committees (MATSON) Recommended Action: Approve the appointments to the various City Commissions, Boards, and Committees, as set forth in the attached lists. 9.k Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 (ROBESON) Recommended Action: 1) Receive and file an update of the emergency generator replacement project at the FCFA Station 1; and 2) Adopt a Resolution determining that there is a need to continue the emergency action for the replacement of the emergency generator in accordance with Public Contract Code Section 22050. 9.l Consideration of Acceptance of the Elm Street Park Inclusive Playground Replacement Project, PW 2020-02 (ROBESON) Recommended Action: 1) Accept the project improvements as constructed by Park and Play Structures and Central Coast Playgrounds, Inc. in accordance with the plans and specifications for the Elm Street Park Inclusive Playground Replacement Project, PW 2020-02; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 9.m Calendar Year 2022 Water Supply and Demand Update (ROBESON) Recommended Action: Receive and file the Calendar Year 2022 Water Supply and Demand Update. 9.n Consideration of a Resolution Accepting Public Improvements Associated with Plot Plan Review 19-011 Located at 329 Traffic Way and Finding the Project Exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) (PEDROTTI) Recommended Action: Adopt a Resolution accepting public improvements associated with Plot Plan Review 19- 011, located at 329 Traffic Way. 10.PUBLIC HEARINGS Page 5 of 215 10.a Consider Adoption of an Ordinance Regarding 2022 Building Codes and Other Codes as Listed Below; and Finding of Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines §15061(b)(3) (PEDROTTI) Adopt by Reference the 2022 California Fire Code, 1997 Uniform Administrative Code, 2022 California Building Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 1997 Uniform Code for the Abatement of Dangerous Buildings, 2022 California Residential Code, 2022 California Energy Code, 2022 California Green Building Standards Code, and the 2021 International Property Maintenance Code; Adopting the 2021 Uniform Swimming Pool, Spa and Hot Tub Code; Adding Chapter 15.06 Regarding Swimming Pools and Adopting the 2021 Uniform Swimming Pool, Spa and Hot Tub Code; Adding Chapter 15.07 Regarding Small Residential Rooftop Solar Energy Systems; Adding Chapter 15.11 Regarding Electric Vehicle Charging Stations; Amending and Renumbering Arroyo Grande Municipal Code Chapter 15.08 as Chapter 15.12, and Amending and Renumbering Arroyo Grande Municipal Code Chapter 15.10 as Chapter 15.13; Finding of Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines §15061(B)(3) Recommended Action: Adopt the Ordinance to adopt by reference the 2022 Building Codes and other codes as listed in the Summary above. 11.OLD BUSINESS 11.a Receive an Update on Progress Toward Council Goals and Priorities (McDONALD) Recommended Action: Receive an update regarding progress toward the City Council’s Fiscal year 2022-23 Goals and Priorities. 12.NEW BUSINESS None. 13.COUNCIL COMMUNICATIONS Any Council Member may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council policies and procedures, Council Members may request staff to report back to the Council at a subsequent meeting concerning any matter or request that staff place a matter of business on a future agenda. Any request to place a matter of business for original consideration on a future agenda requires the concurrence of at least one other Council Member. 14.CLOSED SESSION None. 15.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, Page 6 of 215 300 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 805-473-5400 as soon as possible and at least 48 hours prior to the meeting date. This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you would like to subscribe to receive email or text message notifications when agendas are posted, you can sign up online through the “Notify Me” feature. City Council Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org. Page 7 of 215 Item 6.a.Page 8 of 215 Item 9.a. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager SUBJECT: Consideration of Cash Disbursement Ratification DATE: January 24, 2023 SUMMARY OF ACTION: Review and ratify cash disbursements. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is a $3,619,937.54 fiscal impact that includes the following items:  Accounts Payable Checks $2,898,238.87  Payroll & Benefit Checks $721,698.67 RECOMMENDATION: Ratify the attached listing of cash disbursements for the period of December 16 through December 31, 2022. 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 Pol icies and Procedures Manual. 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 2022-23 budget. Page 9 of 215 Item 9.a. City Council Consideration of Cash Disbursement Ratification January 24, 2023 Page 2 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve staff’s recommendation; 2. Do not approve staff’s recommendation; or 3. Provide other direction to staff. ADVANTAGES:  The Administrative Services Department monitors payments of invoices for accountability, accuracy, and completeness using standards approved by the City Council.  Invoices are paid in a timely manner to establish goodwill with merchants.  Discounts are taken where applicable. DISADVANTAGES: There are no disadvantages identified in this recommendation. ENVIRONMENTAL REVIEW: No environmental review is required for this item. 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. December 16 – December 31, 2022 – Accounts Payable Check Register 2. December 16, 2022 & December 30, 2022 – Payroll and Benefit Check Registers Page 10 of 215 CITY OF ARROYO GRANDECHECK LISTINGDECEMBER 16 - DECEMBER 31, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name1 12/16/2022 296006 1,207.50 PREMIUM RENEWAL-UST INSURANCE 010.4145.5578 ALLIANT INSURANCE SERVICES INC2 12/16/2022 296006 1,207.50 PREMIUM RENEWAL-UST INSURANCE 640.4710.5578 ALLIANT INSURANCE SERVICES INC3 12/16/2022 296007 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES4 12/16/2022 296007 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES5 12/16/2022 296007 15.91 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES6 12/16/2022 296007 7.50 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES7 12/16/2022 296007 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES8 12/16/2022 296007 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES9 12/16/2022 296007 24.44 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES10 12/16/2022 296007 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES11 12/16/2022 296007 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES12 12/16/2022 296007 15.91 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES13 12/16/2022 296007 7.50 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES14 12/16/2022 296007 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES15 12/16/2022 296007 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES16 12/16/2022 296007 24.44 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES17 12/16/2022 296007 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES18 12/16/2022 296007 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES19 12/16/2022 296007 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES20 12/16/2022 296007 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES21 12/16/2022 296007 15.91 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES22 12/16/2022 296007 7.50 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES23 12/16/2022 296007 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES24 12/16/2022 296007 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES25 12/16/2022 296007 24.44 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES26 12/16/2022 296008 9.80 PARKS DEPT MATS, MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES27 12/16/2022 296009 434.32 PLANTS FOR ELM ST PLAYGROUND PROJECT 350.5564.7201 ARROYO GRANDE IN BLOOM INC28 12/16/2022 296010 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 MARGARITA AYALA29 12/16/2022 296010 106.00 PARK RENTAL REFUND-RANCHO GRANDE 010.0000.4354 MARGARITA AYALA30 12/16/2022 296010 27.00 BOUNCE HOUSE FEE REFUND010.0000.4354 MARGARITA AYALA31 12/16/2022 296010 (10.00) ADMIN FEE 010.0000.4354 MARGARITA AYALA32 12/16/2022 296011 97.74 PW-69 OIL CHG 220.4303.5601 BACK ON THE ROAD AUTOMOBILE33 12/16/2022 296012 500.00 JANITORIAL SERVICE FOR AGPD 010.4201.5615 BRENDLER JANITORIAL SERVICE34 12/16/2022 296012 1,135.00 JANITORIAL SERVICE FOR VARIOUS CITY BUILDINGS 010.4213.5615 BRENDLER JANITORIAL SERVICE35 12/16/2022 296013 124.99 SPRAYER FOR SAW CUTS 640.4712.5273 BRISCO MILL & LUMBER YARD36 12/16/2022 296013 19.09 BOLTS, NUTS FOR 2" METER 640.4712.5610 BRISCO MILL & LUMBER YARD37 12/16/2022 296013 18.31 SCRUBBER 010.4420.5605 BRISCO MILL & LUMBER YARD38 12/16/2022 296013 11.62 GREEN SPRAY PAINT, SANDPAPER 010.4420.5605 BRISCO MILL & LUMBER YARD39 12/16/2022 296014 50.00 REFUND DOGGIE CLASS 010.0000.4605 NOREEN BRONICKI40 12/16/2022 296015 51.13 STAKES, 1X4 LUMBER 220.4303.5613 BURKE AND PACE OF AG, INCPage 11 of 215 CITY OF ARROYO GRANDECHECK LISTINGDECEMBER 16 - DECEMBER 31, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name41 12/16/2022 296015 $ 92.93 (5) 10" CEDAR SPLIT RAIL 010.4420.5605 BURKE AND PACE OF AG, INC42 12/16/2022 296016 50.00 PARK DEPOSIT REFUND-KINGO PARK 010.0000.2206 JENNIFER BUTLER43 12/16/2022 296016 60.00 PARK RENTAL REFUND-KINGO PARK 010.0000.4354 JENNIFER BUTLER44 12/16/2022 296016 27.00 REFUND-BOUNCE HOUSE FEE 010.0000.4354 JENNIFER BUTLER45 12/16/2022 296017 200.00 SERVICE CALL-COUNCIL CHAMBERS 010.4213.5303 CAME SECURITY ALARMS46 12/16/2022 296018 26.68 PW-44 WIPER BLADES 612.4610.5610 CARQUEST AUTO PARTS47 12/16/2022 296018 18.99 PW-51 SOLENOID 612.4610.5601 CARQUEST AUTO PARTS48 12/16/2022 296018 (18.99) CREDIT RETURN-SOLENOID 612.4610.5601 CARQUEST AUTO PARTS49 12/16/2022 296019 10,285.00 BAKEMAN PARK-130' CHAIN LINK FENCE 219.4460.5304 CENTRAL COAST FENCE, INC50 12/16/2022 296019 11,250.00 REPLACE FENCE AT SOTO-401'TOTAL 350.5565.7001CENTRAL COAST FENCE, INC51 12/16/2022 296020 20,000.00 PIP SUBGRADE PREP-ELM ST PARK INCLUSIVE 350.5564.7001 CENTRAL COAST PLAYGROUNDS52 12/16/2022 296021 1,349.00 ACCT#8245100960302509 IT BROADBAND 211.4101.5330 CHARTER COMMUNICATIONS53 12/16/2022 296022 4,768.00 12/22 CIO SUPPORT 010.4140.5303 CIO SOLUTIONS LP54 12/16/2022 296022 1,580.00 12/22 CROWDSTRIKE ADV DEFEND 010.4140.5303 CIO SOLUTIONS LP55 12/16/2022 296023 27,000.00 15 USER SUBSCRIPTIONS 2/15/23-2/14/24 010.4140.5303 CITIZENSERVE56 12/16/2022 296024 98.00 REIMBURSE FOR SUPPLIES FOR EMPLOYEE LUNCHEON010.4101.5319 MARGARET CONWAY-PEARSON57 12/16/2022 296025 32.00 HOUNDS AT HEARST CASTLE GSA PER DIEM 010.4204.5501 JEFF CORRAL58 12/16/2022 296026 368.63 KYOCERA PRINTER LEASE 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS59 12/16/2022 296027 1,461.00 CASH FOR GRASS- 1461 SQ FT 226.4306.5554 SUSAN DENIKE60 12/16/2022 296028 480.00 ROLLER SKATE CLASS-FALL SESSION 010.4424.5351 DOOMSDAY SKATE LLC61 12/16/2022 296029 1,130.42 TRANSITION COUPLINGS,PVC CAPS 640.4712.5610 FAMCON PIPE AND SUPPLY INC62 12/16/2022 296030 46.94 (22) SPRINKLER RISERS-SOTO 010.4430.5605 FARM SUPPLY CO63 12/16/2022 296031 5,690.14 PERFORM THE 2021 STREET REPAIRS 350.5638.7001 FERRAVANTI GRADING & PAVING64 12/16/2022 296031 107,078.63 CONTINGENCIES 350.5638.7201 FERRAVANTI GRADING & PAVING65 12/16/2022 296032 $19,807.72 CONST ADMIN & INSP ELM ST PARK INCLUSIVE 350.5564.7001 FILIPPIN ENGINEERING66 12/16/2022 296033 100.00 REFUND BASKETBALL CAMP 010.0000.4605 TUDIE FINK67 12/16/2022 296034 840.00 FALL 2022 BRIDGE BASICS GAMES 010.4424.5351 FIVE CITIES DUPLICATE BRIDGE68 12/16/2022 296035 400.00 REFUND WOMENS CENTER DEPOSIT 010.0000.2206 FIVE CITIES ORCHID SOCIETY69 12/16/2022 296036 1,092.00 SERGER SEWING-FALL SESSION 2 010.4424.5351 MARY JO GABEL70 12/16/2022 296037 374.00 REFUND-CIM WINTER BREAK WK 2 & 3 010.0000.4602 EVA GARCIA71 12/16/2022 296038 6,000.00 ONGOING SURVEY WORK 010.4301.5303 GARING TAYLOR & ASSOCIATES INC72 12/16/2022 296039 14,136.50 HALCYON SIGNAL TIMING 350.5681.7001 GHD INC73 12/16/2022 296039 2,160.00 HALCYON COMPLETE STREETS 010.4301.5303 GHD INC74 12/16/2022 296040 100.00 REFUND BASKETBALL 010.0000.4605 ANDREW GIBSON75 12/16/2022 296041 265.00 STUMP GRINDER RENTAL 220.4303.5552 GROVER TOOL AND RENTALS76 12/16/2022 296042 549.47 PARTS FOR PW TRAILER 220.4303.5603 HEACOCK TRAILERS & TRUCK77 12/16/2022 296043 165.24 12/22 AETNA RESOURCES EAP 010.4145.5147 HEALTH AND HUMAN RESOURCE CTR78 12/16/2022 296043 41.31 12/22 AETNA RESOURCES EAP-FCFA 010.0000.1111 HEALTH AND HUMAN RESOURCE CTR79 12/16/2022 296044 578.00 CASH FOR GRASS-578 SQ FT 226.4306.5554 KURT HEIDEPRIEM80 12/16/2022 296045 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 ALEXA HERNANDEZPage 12 of 215 CITY OF ARROYO GRANDECHECK LISTINGDECEMBER 16 - DECEMBER 31, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name81 12/16/2022 296045 $ 60.00 PARK RENTAL REFUND-STROTHER 010.0000.4354 ALEXA HERNANDEZ82 12/16/2022 296045 27.00 REFUND BOUNCE HOUSE FEE 010.0000.4354 ALEXA HERNANDEZ83 12/16/2022 296045 (10.00) ADMIN FEE 010.0000.4354 ALEXA HERNANDEZ84 12/16/2022 296046 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 SHANNON HIRASE85 12/16/2022 296047 50.00 PARK DEPOSIT REFUND-HERITAGE SQUARE010.0000.2206 HOSPICE OF SLO COUNTY86 12/16/2022 296048 57.00 OFFICE SUPPLIES-SEWER 612.4610.5201 INDOFF, INC87 12/16/2022 296048 56.99 OFFICE SUPPLIES-STREETS 220.4303.5201 INDOFF, INC88 12/16/2022 296048 57.00 OFFICE SUPPLIES-PW ADMIN 010.4307.5201 INDOFF, INC89 12/16/2022 296049 322.87 (1) 20' HOSE FOR TRASH PUMP 612.4610.5610 IRRIGATION WEST (DBA)90 12/16/2022 296050 56.25 10/22 PAULDING ROLLER RINK 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST91 12/16/2022 296050 660.00 10/22 OCEANO COMM CTR ZUMBA & BARRE 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST92 12/16/2022 296051 788.48 11/22 ZUMBA & BARRE 010.4424.5351 HEIDY MANGIARDI93 12/16/2022 296052 400.00 REFUND WOMENS CLUB DEPOSIT 010.0000.2206 FRANKIE MCDERMOTT94 12/16/2022 296053 71.08 EXTENSION POLE, GOPHER TRAP & PARTS 010.4420.5605 MINER'S ACE HARDWARE, INC95 12/16/2022 296053 35.51 CRIMPER, EXTENSION CORD, CONNECTOR 010.4420.5605 MINER'S ACE HARDWARE, INC96 12/16/2022 296053 88.05 (3) CHAIN LOOPS 010.4430.5605 MINER'S ACE HARDWARE, INC97 12/16/2022 296053 (7.61) CREDIT EXCHANGE CHAIN LOOP 010.4430.5605 MINER'S ACE HARDWARE, INC98 12/16/2022 296053 18.49 KEYS 010.4430.5605 MINER'S ACE HARDWARE, INC99 12/16/2022 296053 193.92 (3) AQUAPHALT ASPHALT PATCH 220.4303.5613 MINER'S ACE HARDWARE, INC100 12/16/2022 296053 60.29 FROG TAPE, SPRAY PAINT, TIMER 010.4213.5604 MINER'S ACE HARDWARE, INC101 12/16/2022 296054 117.60 11/22 YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON102 12/16/2022 296055 119.01 TRIMMER LINE, OIL 010.4420.5603 NOBLE SAW, INC103 12/16/2022 296055 81.75 OIL, TRIMMER LINE 220.4303.5603 NOBLE SAW, INC104 12/16/2022 296055 518.73 ECHO BACKPACK BLOWER 220.4303.5273 NOBLE SAW, INC105 12/16/2022 296056 165.18 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC106 12/16/2022 296057 300.00 11/22 K-RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA107 12/16/2022 296058 13,001.25 PS&E & BIDDING SUPPORT FOR SWINGING BRIDGE 350.5620.7501 QUINCY ENGINEERING INC108 12/16/2022 296059 50.00 PARK DEPOSIT REFUND-ELM ST PARK 010.0000.2206 JOHN RATERMAN109 12/16/2022 296059 27.00 BOUNCE HOUSE REFUND 010.0000.4354 JOHN RATERMAN110 12/16/2022 296059 106.00 PARK RENTAL REFUND-ELM ST PARK 010.0000.4354 JOHN RATERMAN111 12/16/2022 296060 66.00 PARK RENTAL REFUND-RANCHO GRANDE 010.0000.4354 CASI RAVALIN112 12/16/2022 296061 1,914,177.25 SEMI ANNUAL LOPEZ WATER CONTRACT FY 22/23 641.4750.5612 SAN LUIS OBISPO COUNTY113 12/16/2022 296061 (217,726.20) CREDIT-ADJ FOR FY21/22 ACTUAL COSTS 641.4750.5612 SAN LUIS OBISPO COUNTY114 12/16/2022 296062 1,180.00 CASH FOR GRASS-1180 SQFT 226.4306.5554 DARREN SILL115 12/16/2022 296063 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 CANDICE SMEDLEY116 12/16/2022 296063 60.00 PARK RENTAL REFUND-STROTHER 010.0000.4354 CANDICE SMEDLEY117 12/16/2022 296064 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 ROSIE SMITH118 12/16/2022 296064 4.00 REFUND OVER PAYMENT 010.0000.4354 ROSIE SMITH119 12/16/2022 296065 282.33 GAS SERVICES-1375 ASH ST 010.4145.5401 SOCALGAS120 12/16/2022 296065 16.27 GAS SERVICES-350 S ELM 010.4145.5401 SOCALGASPage 13 of 215 CITY OF ARROYO GRANDECHECK LISTINGDECEMBER 16 - DECEMBER 31, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name121 12/16/2022 296065 $ 140.92 GAS SERVICES-200 N HALCYON 010.4145.5401 SOCALGAS122 12/16/2022 296066 3,500.00 12/22 TBID ADMIN FEE 240.4150.5303 SOUTH COUNTY CHAMBERS123 12/16/2022 296067 195.13 DUMPSTERS -RANCHO GRANDE PARK 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC124 12/16/2022 296067 299.73 DUMPSTERS -FCFA 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC125 12/16/2022 296067 195.13 DUMPSTERS -STROTHER PARK 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC126 12/16/2022 296067 153.38 DUMPSTERS -PD 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC127 12/16/2022 296067 97.57 DUMPSTERS - PW 3 YD RECYCLE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC128 12/16/2022 296067 126.34 CITY HALL TRASH SERVICE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC129 12/16/2022 296068 5,146.84 PRINCIPAL-LOAN#002-10-ECE-ARRA 010.4145.5801 STATE OF CALIFORNIA130 12/16/2022 296068 652.99 INTEREST-LOAN#002-10-ECE-ARRA 010.4145.5802 STATE OF CALIFORNIA131 12/16/2022 296069 1,055.00 (57) WATER WALL RENTALS-HOLIDAY PARADE 220.4303.5552STATEWIDE SAFETY & SIGNS INC132 12/16/2022 296069 815.00 (41) WATER WALL RENTALS-HALLOWEEN 220.4303.5552STATEWIDE SAFETY & SIGNS INC133 12/16/2022 296070 2,250.00 THANKSGIVING CAMP-KIDS ARCADE, DINO DIG 010.4424.5351 STEAMWORKS FOR KIDS134 12/16/2022 296071 31,400.00 TALLY HO STRIPING 350.5638.7002 TOSTE CONSTRUCTION135 12/16/2022 296072 971.48 (6)POSTS, ANCHORS, SAFETY VEST 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS136 12/16/2022 296073 200.00 WOMEN'S CLUB DEPOSIT REFUND 010.0000.2206 MARTHA TREJO137 12/16/2022 296074 19,783.02 11/22 SOCIAL MEDIA, ONLINE MARKETING 240.4150.5301 VERDIN MARKETING INK138 12/16/2022 296075 521.00 PLUMBING RETROFIT-410 WOODLAND 226.4306.5303 WATERBOYS PLUMBING139 12/16/2022 296076 504.40 YOGA FOR MOMS, YOGA IN THE PARK 010.4424.5351 ANYA WATFORD140 12/16/2022 296077 242.04 MASON & E BRANCH-REPLACE RED BULB 220.4303.5303 LEE WILSON ELECTRIC COMPANY INC141 12/16/2022 296077 1,440.00 10/22 SIGNAL MAINT 12 INTERSECTIONS 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC142 12/16/2022 296077 60.00 OAK PARK & JAMES WAY 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC143 12/16/2022 296077 60.00 OAK PARK & EL CAMINO REAL 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC144 12/16/2022 296077 75.00 OAK PARK & W BRANCH 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC145 12/16/2022 296078 4,252.50 SOCCER-FALL SESSION 2 010.4424.5351 YOUTH EVOLUTION BASKETBALL146 12/16/2022 296078 3,500.00 THANKSGIVING BREAK CAMPS-SOCCER 010.4424.5351 YOUTH EVOLUTION BASKETBALL147 12/16/2022 296078 1,386.00 BASKETBALL FALL SESSION 2 010.4424.5351 YOUTH EVOLUTION BASKETBALL148 12/16/2022 296079 100.00 REFUND SOCCER 010.0000.4605 AMBER ZOFIO149 12/16/2022 296080 48,121.39 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE150 12/16/2022 296080 32,837.28 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE151 12/16/2022 296080 12,757.39 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE152 12/16/2022 296081 2,757.98 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE153 12/16/2022 296081 956.24 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE154 12/16/2022 296081 7,066.78 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE155 12/16/2022 296082 1,622.35 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT156 12/16/2022 296082 19,128.67 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT157 12/16/2022 296083 2,120.00 STATE PIT W/H: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT158 12/16/2022 296083 90.23 STATE SDI CONTRIBUTION: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT159 12/16/2022 296084 565.60 DEPT OF CHILD SUPPORT SERVICES: Payment 011.0000.2114 CA STATE DISBURSEMENT UNIT160 12/16/2022 296085 8,228.34 12/22 DENTAL INSURANCE: Payment 011.0000.2110 DELTA DENTALPage 14 of 215 CITY OF ARROYO GRANDECHECK LISTINGDECEMBER 16 - DECEMBER 31, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name161 12/16/2022 296085 $ 2,500.77 12/22 DENTAL INSURANCE: Payment 010.4099.5132 DELTA DENTAL162 12/16/2022 296086 2,657.44 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP163 12/16/2022 296086 9,559.00 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP164 12/16/2022 296086 866.66 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP165 12/16/2022 296086 275.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP166 12/16/2022 296086 177.07 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP167 12/16/2022 296087 4,020.00 PORAC MED INSURANCE: Payment 011.0000.2109 PERS - ACTIVE MED168 12/16/2022 296087 882.18 PPO PERS PLATINUM - MGMT: Payment 011.0000.2109 PERS - ACTIVE MED169 12/16/2022 296087 7,523.18 PPO PERS GOLD - MANAGEMENT: Payment 011.0000.2109 PERS - ACTIVE MED170 12/16/2022 296087 14,812.14 PPO PERS GOLD - POLICE: Payment 011.0000.2109 PERS - ACTIVE MED171 12/16/2022 296087 13,871.68 PPO PERS GOLD - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED172 12/16/2022 296087 742.70 BLUE SHIELD TRIO HMO - MGMT: Payment 011.0000.2109 PERS - ACTIVE MED173 12/16/2022 296087 2,673.72 BLUE SHIELD TRIO HMO - POLICE: Payment 011.0000.2109 PERS - ACTIVE MED174 12/16/2022 296087 3,862.04 BLUE SHIELD TRIO HMO - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED175 12/16/2022 296087 15,191.80 HMO-UNITED HEALTHCARE-MGMT: Payment 011.0000.2109 PERS - ACTIVE MED176 12/16/2022 296087 8,681.04 HMO UNITED HEALTHCARE-POLICE: Payment 011.0000.2109 PERS - ACTIVE MED177 12/16/2022 296087 17,517.08 HMO UNITED HEALTHCARE-SEIU: Payment 011.0000.2109 PERS - ACTIVE MED178 12/16/2022 296087 2,293.68 PERS PLATINUM-FIRE MANAGEMENT: Payment 011.0000.2109 PERS - ACTIVE MED179 12/16/2022 296087 4,058.04 PPO PERS PLATINUM - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED180 12/16/2022 296087 8,816.74 PPO PERS GOLD - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED181 12/16/2022 296087 7,595.90 HMO UNITED HEALTHCARE-FIRE: Payment 011.0000.2109 PERS - ACTIVE MED182 12/16/2022 296087 6,045.72 HMO-UNITED HEALTH FIRE-MGMT: Payment 011.0000.2109 PERS - ACTIVE MED183 12/16/2022 296087 325.53 ACTIVE HEALTH ADMIN FEE 010.4145.5131 PERS - ACTIVE MED184 12/16/2022 296087 97.00 ACTIVE HEALTH ADMIN FEE-FCFA 010.0000.1111 PERS - ACTIVE MED185 12/16/2022 296087 6,634.91 RETIREE HEALTH INSURANCE 010.4099.5136 PERS - ACTIVE MED186 12/16/2022 296087 755.64 RETIREE HEALTH INSURANCE 010.0000.1111 PERS - ACTIVE MED187 12/16/2022 296087 752.74 RETIREE HEALTH INSURANCE 220.4303.5136 PERS - ACTIVE MED188 12/16/2022 296088 3,190.79 ACTIVE HEALTH INS-PT NONPERS 011.0000.2109 PERS - ACTIVE MED189 12/16/2022 296088 10.53 ACTIVE HEALTH INS ADMIN FEE-PT 010.4145.5131 PERS - ACTIVE MED190 12/16/2022 296089 32,991.71 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT191 12/16/2022 296089 45,619.45 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT192 12/16/2022 296089 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT193 12/16/2022 296089 1,150.84 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT194 12/16/2022 296089 (0.09) ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT195 12/16/2022 296090 30,269.99 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT196 12/16/2022 296090 47,296.91 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT197 12/16/2022 296090 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT198 12/16/2022 296090 1,060.44 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT199 12/16/2022 296090 (0.04) ROUNDING DIFF 010.0000.4818 PERS - RETIREMENT200 12/16/2022 296091 949.64 STANDARD INSURANCE COMPANY: Payment 011.0000.2113 STANDARD INSURANCE COPage 15 of 215 CITY OF ARROYO GRANDECHECK LISTINGDECEMBER 16 - DECEMBER 31, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name201 12/16/2022 296091 $ 469.12 STANDARD INSURANCE COMPANY: Payment 011.0000.2113 STANDARD INSURANCE CO202 12/16/2022 296091 23.50 STANDARD LIFE TAXABLE DEDUCT: Payment 011.0000.2113 STANDARD INSURANCE CO203 12/16/2022 296091 1,772.64 STANDARD LTD/STD INSURANCE: Payment 011.0000.2113 STANDARD INSURANCE CO204 12/16/2022 296092 1,359.51 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA205 12/16/2022 296093 2,102.79 12/22 VISION CARE INSURANCE: Payment 011.0000.2119 VISION SERVICE PLAN206 12/16/2022 296093 604.54 12/22 VISION INSURANCE RETIREE 010.4099.5133 VISION SERVICE PLAN207 12/16/2022 296094 4,682.69 01/23 RETIREE MEDICAL 010.4099.5136 ICMA RETIREMENT CORP208 12/16/2022 296094 602.12 01/23 RETIREE MEDICAL 010.0000.1111 ICMA RETIREMENT CORP209 12/16/2022 296094 358.87 01/23 RETIREE MEDICAL 220.4303.5136 ICMA RETIREMENT CORP210 12/22/2022 296095 272.00 TAI CHI FALL SESSION 2 010.4424.5351 DIXIE D ADENIRAN211 12/22/2022 296096 600.00 9/23 MOVIE NIGHT SOUND SYSTEM 010.4424.5252 ADEPT EVENTS LLC212 12/22/2022 296096 800.00 12/5 HOLIDAY PARADE SOUND & LIGHTING 010.4421.5504 ADEPT EVENTS LLC213 12/22/2022 296097 80.00 TRAINING-EVOC 4 HOUR TRAINING 010.4203.5501ALLAN HANCOCK COLLEGE JCCD214 12/22/2022 296098 60.71 OFFICE SUPPLIES 010.4120.5201 AMAZON CAPITAL SERVICES215 12/22/2022 296098 296.87 COPY PAPER 010.4102.5201 AMAZON CAPITAL SERVICES216 12/22/2022 296098 361.81 OFFICE SUPPLIES, CRIME MAPPING 010.4201.5201 AMAZON CAPITAL SERVICES217 12/22/2022 296099 167.92 12/22 COMMUNICATIONS MAINT AGREEMENT 010.4204.5606 APPLIED TECHNOLOGY GROUP INC218 12/22/2022 296100 355.00 11/22 VILLAGE & PLAYGROUND WATERING 010.4420.5605 ARROYO GRANDE IN BLOOM INC219 12/22/2022 296101 33.97 ACCT#235841-39568063 ALARM 220.4303.5303 AT & T220 12/22/2022 296101 198.33 ACCT#238451-01839190 RADIO 010.4145.5403 AT & T221 12/22/2022 296102 23.72 BAN#9391033180 FAX 010.4145.5403 AT&T222 12/22/2022 296102 31.34 BAN#9391033183 010.4201.5403 AT&T223 12/22/2022 296102 246.42 BAN#9391033184 010.4201.5403 AT&T224 12/22/2022 296102 66.01 BAN#9391033187 010.4201.5403 AT&T225 12/22/2022 296103 126.68 12/22 TOWER LEASE 010.4201.5303 ATC SEQUOIA LLC226 12/22/2022 296104 100.73 PW-22 OIL CHG 220.4303.5601 BACK ON THE ROAD AUTOMOBILE227 12/22/2022 296105 496.00 DOGGIE CLASSES-10/16, 11/12, 12/10 010.4424.5351 IRINA BEATTY228 12/22/2022 296106 114.17 BUSINESS CARDS-COUNCILMEMBERS 010.4102.5255 BOONE PRINTING & GRAPHICS INC229 12/22/2022 296107 368.82 1 PALLET OF BAGS OF CONCRETE 640.5946.7001 BURKE AND PACE OF AG, INC230 12/22/2022 296108 936.00 11/22 LITIGATION & RELATED MATTERS 010.4003.5327 CARMEL & NACCASHA, LLP231 12/22/2022 296108 16,408.50 11/22 PROF LEGAL SERVICES 010.4003.5304 CARMEL & NACCASHA, LLP232 12/22/2022 296109 144.37 RES#5 REPLACE GENERATOR BATTERY 640.4712.5603 CARQUEST AUTO PARTS233 12/22/2022 296109 144.37 PW-59 BATTERY 010.4420.5605 CARQUEST AUTO PARTS234 12/22/2022 296110 199.98 ACCT#8245100960104152-PD INTERNET 010.4201.5403 CHARTER COMMUNICATIONS235 12/22/2022 296111 52.95 ACCT#090058901 BUSINESS TV-300 E BRANCH 010.4145.5401 CHARTER COMMUNICATIONS236 12/22/2022 296112 6,583.50 END USER SUPPORT-G BEADLE 010.4140.5303 CIO SOLUTIONS LP237 12/22/2022 296112 4,900.00 END USER SUPPORT-G BUTLER 010.4140.5303 CIO SOLUTIONS LP238 12/22/2022 296113 665.00 WELL#10 CONSULT ON REPAIRS 640.4711.5303 CLEATH-HARRIS GEOLOGISTS INC239 12/22/2022 296114 610.00 11/22 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF240 12/22/2022 296115 1,404.35 11/22 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLCPage 16 of 215 CITY OF ARROYO GRANDECHECK LISTINGDECEMBER 16 - DECEMBER 31, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name241 12/22/2022 296115 $ 400.00 11/22 NETBILL MONTHLY MAINTENANCE 640.4710.5303 DATAPROSE LLC242 12/22/2022 296115 434.84 11/22 NETBILL CC TRANSACTIONS 640.4710.5555 DATAPROSE LLC243 12/22/2022 296115 108.71 11/22 NETBILL CC TRANSACTIONS 612.4610.5555 DATAPROSE LLC244 12/22/2022 296116 372.59 ACCT#2901-1271650-01 METRO INTERNET CIRCUIT 010.4140.5303 DIGITAL WEST NETWORKS INC245 12/22/2022 296117 5,180.00 OAK PARK BLVD/EL CAMINO STORM DRAIN REPAIRS 350.5795.7501 EIKHOF DESIGN GROUP246 12/22/2022 296118 924.00 NEEDLE ARTS-FALL SESSION 2 010.4424.5351 ELIZABETH FRYER247 12/22/2022 296119 183,263.17 2022 PEDESTRIAN CROSSING IMPROVEMENTS 350.5607.7001G. SOSA CONSTRUCTION INC248 12/22/2022 296120 1,150.00 CASH FOR GRASS-1150 SQFT 226.4306.5554 ROBERT HARKINS249 12/22/2022 296121 106.08 PORTABLE TOILET RENTAL 11/17-12/14 220.4303.5552 HARVEY'S HONEY HUTS250 12/22/2022 296121 225.16 TOILET RENTAL-ELM ST PARK 010.4424.5353 HARVEY'S HONEY HUTS251 12/22/2022 296122 1,520.54 AUDIT SVCS-TRANSACTION TAX 218.4101.5303 HINDERLITER, DE LLAMAS & ASSOC252 12/22/2022 296122 805.90 CONTRACT SVCS-SALES TAX 2ND QTR 010.4120.5303 HINDERLITER, DE LLAMAS & ASSOC253 12/22/2022 296122 396.93 CONTRACT SVCS-SALES TAX 2ND QTR 218.4101.5303 HINDERLITER, DE LLAMAS & ASSOC254 12/22/2022 296122 530.39 AUDIT SVCS-SALES TAX QTR 2 010.4120.5303 HINDERLITER, DE LLAMAS & ASSOC255 12/22/2022 296123 200.00 MUSIC MAKERS-B'FAST W/SANTA 010.4424.5353 HILARY MARIE HOGAN256 12/22/2022 296124 1,237.98 SMALL TOOLS 640.4712.5273 ICONIX WATERWORKS (US) INC257 12/22/2022 296125 10,525.16 (12) HP PRODESK 400 G6 010.4140.5702 ITSAVVY LLC258 12/22/2022 296125 996.69 HP PRODESK 400 G6 010.4140.5702 ITSAVVY LLC259 12/22/2022 296126 303.54 FUEL 010.4203.5608 JB DEWAR, INC260 12/22/2022 296126 4,816.34 1100.40 GALL DYED DIESEL 010.0000.1202 JB DEWAR, INC261 12/22/2022 296127 975.00 90 DAY INSPECTIONS- 4 VEHICLES 220.4303.5601 L. DIESEL MOBILE SERVICE(DBA)262 12/22/2022 296128 200.00 REFUND-WOMENS CTR DEPOSIT 010.0000.2206 DIANE MCKENNA263 12/22/2022 296128 800.00 REFUND-WOMENS CTR DEPOSIT 010.0000.2206 DIANE MCKENNA264 12/22/2022 296129 188.69 REIMBURSE-FOOD FOR B'FAST W/SA 010.4424.5252 RICK MERCIER265 12/22/2022 296130 1,359.27 PROVIDE SEWER LINING CONSTRUCT 612.5821.7301 MICHAEL K NUNLEY & ASSOC.266 12/22/2022 296131 400.00 REFUND-WOMENS CTR DEPOSIT 010.0000.2206 ROY MINDER267 12/22/2022 296131 (124.00) TABLE & CHAIR RENTAL 010.0000.2032 ROY MINDER268 12/22/2022 296132 16.15 AAA BATTERIES 10 PACK 010.4430.5605 MINER'S ACE HARDWARE, INC269 12/22/2022 296132 36.68 LED MICRO LIGHTS, CABLE TIE 010.4420.5605 MINER'S ACE HARDWARE, INC270 12/22/2022 296132 64.64 AQUAPHALT ASPHALT PATCH 220.4303.5613 MINER'S ACE HARDWARE, INC271 12/22/2022 296132 23.68 DUCT TAPE, FLARE CAP 010.4213.5604 MINER'S ACE HARDWARE, INC272 12/22/2022 296132 129.26 (4) ROUND SHOVELS 220.4303.5273 MINER'S ACE HARDWARE, INC273 12/22/2022 296132 85.62 AA & AAA BATTERIES, HOSE CAP 010.4213.5604 MINER'S ACE HARDWARE, INC274 12/22/2022 296132 23.69 PROPANE TANK EXCHANGE 220.4303.5613 MINER'S ACE HARDWARE, INC275 12/22/2022 296132 26.44 CONNECTOR, PLUG 010.4213.5604 MINER'S ACE HARDWARE, INC276 12/22/2022 296132 45.23 CHALK REEL, EXT POLE 220.4303.5613 MINER'S ACE HARDWARE, INC277 12/22/2022 296132 63.02 CABLE TIES 010.4430.5605 MINER'S ACE HARDWARE, INC278 12/22/2022 296132 6.55 FASTENERS 010.4420.5605 MINER'S ACE HARDWARE, INC279 12/22/2022 296133 72.76 PD-4602 PARTS 010.4203.5601 MULLAHEY FORD280 12/22/2022 296133 82.05 PD-4602 PARTS 010.4203.5601 MULLAHEY FORDPage 17 of 215 CITY OF ARROYO GRANDECHECK LISTINGDECEMBER 16 - DECEMBER 31, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name281 12/22/2022 296133 $ 1,985.34 PW-15 BUCKET TRUCK TURBO REPLACEMENT 220.4303.5601 MULLAHEY FORD282 12/22/2022 296134 170.63 11/22 CONTRACT OVERAGE-COPIER 010.4204.5602 OFFICE1283 12/22/2022 296135 4.63 ELECTRIC-484 BAKEMAN LN 219.4460.5304 PACIFIC GAS & ELECTRIC CO284 12/22/2022 296136 119.95 12/22 WIFI SVC HUBNER SITE 010.4201.5403 PEAKWIFI LLC285 12/22/2022 296137 90,000.00 PROVIDE & INSTALL PIP SURFACING 350.5564.7001 PLAYCORE GROUP INC286 12/22/2022 296138 3,381.00 QUILTING -FALL SESSION 2 010.4424.5351 PORTER287 12/22/2022 296139 5.38 COUNCIL CHAMBERS WATER 010.4213.5303 READYREFRESH BY NESTLE288 12/22/2022 296140 149.96 REIMBURSE-HALLOWEEN CARNIVAL SUPPLIES 010.4424.5252 KELLY REYNOLDS289 12/22/2022 296140 51.75 REIMBURSE-COFFEE FOR B'FAST W/SANTA 010.4424.5252 KELLY REYNOLDS290 12/22/2022 296141 15.00 11/22 REVERSE OSMOSIS RENTAL 010.4201.5303 RICHETTI COMPLETE WATER291 12/22/2022 296142 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 JULIE SEMENYUK292 12/22/2022 296143 10,602.00 INDEX NO:494874 PHASE II SMALL MS4 010.4301.5303 SWRCB293 12/22/2022 296144 378.82 (20) PARKING SIGNS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS294 12/22/2022 296145 75.00 11/22 INVESTIGATIVE SVCS 010.4204.5303 TRANSUNION RISK295 12/22/2022 296146 401.03 FILL SAND, CONCRETE RECYCLING 220.4303.5613 TROESH RECYCLING, INC296 12/22/2022 296147 6.00 PARKING-PB 010.4101.5501 U.S. BANK297 12/22/2022 296147 49.37 SLO CA DESTINATION SUMMIT 010.4001.5501 U.S. BANK298 12/22/2022 296147 49.37 SLO CA DESTINATION SUMMIT 010.4101.5501 U.S. BANK299 12/22/2022 296147 35.00 CAL CITIES CHANNEL CTYS DINNER 010.4001.5501 U.S. BANK300 12/22/2022 296147 35.00 CAL CITIES CHANNEL CTYS DINNER 010.4120.5501 U.S. BANK301 12/22/2022 296147 19.86 CAFE ANDREINI-COFFEE 010.4101.5504 U.S. BANK302 12/22/2022 296147 122.30 BACK PORCH FLOWERS-D KIES 010.4101.5504 U.S. BANK303 12/22/2022 296147 9.99 SPOTIFY-FRAUDULENT CHRG TO BE CREDITED 010.4101.5201 U.S. BANK304 12/22/2022 296147 600.00 MOBILE OPS-HALLOWEEN CARNIVAL 010.4424.5353 U.S. BANK305 12/22/2022 296147 1,056.54 HALLOWEEN CARNIVAL SUPPLIES 010.4424.5252 U.S. BANK306 12/22/2022 296147 181.36 HALLOWEEN & TURKEY TROT SUPPLIES 010.4424.5252 U.S. BANK307 12/22/2022 296147 175.08 TURKEY TROT SUPPLIES 010.4424.5252 U.S. BANK308 12/22/2022 296147 162.24 TURKEY TROT SUPPLIES 010.4424.5252 U.S. BANK309 12/22/2022 296147 303.17 POS PORTAL NEW CARD READER FOR RECREATION 010.4421.5201 U.S. BANK310 12/22/2022 296147 65.30 AUTHORIZE,NET CC FEE 010.4145.5555 U.S. BANK311 12/22/2022 296147 1,399.67 AMAZON PRIME BUSINESS ACCT 010.4145.5555 U.S. BANK312 12/22/2022 296147 999.53 IT SAVVY-MONITORS, MONITOR ARM 010.4140.5702 U.S. BANK313 12/22/2022 296147 21.21 EMPLOYEE RELATIONS SUPPLIES 010.4002.5201 U.S. BANK314 12/22/2022 296147 10.75 NEW EMPLOYEE WELCOME 010.4002.5201 U.S. BANK315 12/22/2022 296147 1,845.00 METRO MEDIA-SCCC AD 010.4421.5504 U.S. BANK316 12/22/2022 296147 130.95 OLD VILLAGE GRILL-HARVEST FESTIVAL 010.4424.5250 U.S. BANK317 12/22/2022 296147 136.45 PICKLEBALL PRIZES-GIFT CARDS 010.4424.5251 U.S. BANK318 12/22/2022 296147 387.36 MIER BROS-ELM ST PLAYGROUND 010.4421.5504 U.S. BANK319 12/22/2022 296147 23.75 GOLDEN DONUT-VOLUNTEER 010.4424.5250 U.S. BANK320 12/22/2022 296147 22.50 NOBLE SAW-ELM ST PLAYGROUND 010.4421.5504 U.S. BANKPage 18 of 215 CITY OF ARROYO GRANDECHECK LISTINGDECEMBER 16 - DECEMBER 31, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name321 12/22/2022 296147 $ 168.71 ELM ST PLAYGROUND GRAND OPENING 010.4421.5504 U.S. BANK322 12/22/2022 296147 13.49 SLO COUNTY CLERK RECORDING-ELM ST PARK 010.4421.5255 U.S. BANK323 12/22/2022 296147 104.71 FACEBOOK ADS 010.4101.5504 U.S. BANK324 12/22/2022 296147 183.10 HALLOWEEN SUPPLIES/DECORATIONS 010.4424.5252 U.S. BANK325 12/22/2022 296147 977.04 BRAND CREATIVE-POP UP TENT 010.4421.5504 U.S. BANK326 12/22/2022 296147 27.83 AMAZON-PODIUM MIC HOLDER 010.4421.5701 U.S. BANK327 12/22/2022 296147 262.40 VONS-TURKEY TROT PRIZES 010.4424.5252 U.S. BANK328 12/22/2022 296147 920.72 ALMETEK IND-SS STORMDRAINS 220.4303.5613 U.S. BANK329 12/22/2022 296147 43.80 ISA ONLINE CEU CLASSES (4) 010.4420.5501 U.S. BANK330 12/22/2022 296147 120.00 ISA ARBORIST RENEWAL 010.4420.5503 U.S. BANK331 12/22/2022 296147 359.98 DUNN EDWARDS PAINT FOR CITY HALL 010.4213.5604 U.S. BANK332 12/22/2022 296147 175.00 NRPA RENEWAL 010.4420.5503 U.S. BANK333 12/22/2022 296147 70.03 BIG 5 SPORTS- GRILL FOR CORP YARD 010.4420.5603 U.S. BANK334 12/22/2022 296147 70.03 BIG 5 SPORTS- GRILL FOR CORP YARD 220.4303.5603 U.S. BANK335 12/22/2022 296147 1,500.00 WATER TRUCK RENTAL-HALLOWEEN IN THE VILLAGE 220.4303.5552 U.S. BANK336 12/22/2022 296147 1,389.61 CHRISTMAS LIGHTS-ELM ST PARK TREE 010.4420.5605 U.S. BANK337 12/22/2022 296147 76.93 EBAY-CHAIN SAW COVER 010.4420.5603 U.S. BANK338 12/22/2022 296147 229.00 APWA RENEWAL 220.4303.5503 U.S. BANK339 12/22/2022 296147 6.00 TRAINING-PARKING FEES 010.4203.5501 U.S. BANK340 12/22/2022 296147 81.43 COMMUNITY OUTREACH-COPSNKIDS 010.4201.5504 U.S. BANK341 12/22/2022 296147 845.97 COMMUNITY OUTREACH, OFFICE SUPPLIES 010.4201.5201 U.S. BANK342 12/22/2022 296147 52.98 COMMUNITY OUTREACH-HALLOWEEN 010.4201.5504 U.S. BANK343 12/22/2022 296147 40.00 UNIFORM ALTERATIONS 010.4203.5272 U.S. BANK344 12/22/2022 296147 (63.83) CREDIT 010.4204.5272 U.S. BANK345 12/22/2022 296147 42.26 RIFLE PARTS 010.4203.5603 U.S. BANK346 12/22/2022 296147 798.77 TRAINING AMMO 010.4203.5501 U.S. BANK347 12/22/2022 296147 297.33 RANGE SUPPLIES 010.4203.5255 U.S. BANK348 12/22/2022 296147 355.69 SAFETY EQUIPMENT 010.4204.5272 U.S. BANK349 12/22/2022 296147 122.63 EQUIPMENT-MAGAZINE 010.4204.5272 U.S. BANK350 12/22/2022 296147 719.30 PATROL EQUIPMENT REPAIR 010.4203.5272 U.S. BANK351 12/22/2022 296147 116.08 FUEL 010.4203.5608 U.S. BANK352 12/22/2022 296147 134.95 UNIFORMS-ALTERATIONS 010.4203.5272 U.S. BANK353 12/22/2022 296147 108.13 NEW EMPLOYEE LUNCH- BEE HOUSE 010.4307.5501 U.S. BANK354 12/22/2022 296147 274.78 HALLOWEEN CANDY 010.4145.5508 U.S. BANK355 12/22/2022 296147 329.00 CA DEPT OF TAX & FEE ADMIN -DIESEL RETURN 010.0000.1202 U.S. BANK356 12/22/2022 296147 7.57 CA DEPT OF TAX & FEE ADMIN -CC 010.4145.5555 U.S. BANK357 12/22/2022 296147 1,799.00 MODERN OFFICE DESK 010.4110.5201 U.S. BANK358 12/22/2022 296147 155.03 PRESCHOOL SUPPLIES 010.4423.5253 U.S. BANK359 12/22/2022 296147 104.62 SCHOOL YEAR SUPPLIES 010.4425.5255 U.S. BANK360 12/22/2022 296147 106.09 SNACK SUPPLIES 010.4425.5259 U.S. BANKPage 19 of 215 CITY OF ARROYO GRANDECHECK LISTINGDECEMBER 16 - DECEMBER 31, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name361 12/22/2022 296147 $ 449.25 SPECIAL EVENTS 010.4424.5252 U.S. BANK362 12/22/2022 296147 1,500.00 PAYPAL-TTC DEPUTY CLERK TRAINING 010.4002.5501 U.S. BANK363 12/22/2022 296147 29.05 MINERS-OFFICE SUPPLIES 010.4120.5201 U.S. BANK364 12/22/2022 296147 50.00 FACEBOOK AD-REC HALLOWEEN 010.4421.5504 U.S. BANK365 12/22/2022 296147 63.55 SMART & FINAL RIBBON CUTTING ELM ST PARK 010.4421.5504 U.S. BANK366 12/22/2022 296147 379.32 ELM ST PARK PLAYGROUND RIBBON CUTTING 010.4101.5504 U.S. BANK367 12/22/2022 296147 23.00 WASHBOARD LAUNDROMAT-CLEAN TABLE CLOTHES 010.4101.5504 U.S. BANK368 12/22/2022 296147 (425.00) CREDIT-CAL CITIES REGISTRATION 010.4002.5501 U.S. BANK369 12/22/2022 296147 99.00 INSTACART- TO BE REFUNDED 010.4002.5201 U.S. BANK370 12/22/2022 296147 40.00 SMALL BUSINESS MEMBERSHIP 010.4140.5303 U.S. BANK371 12/22/2022 296147 91.00 RETAINING WALL BLOCK-CROWN HILL 640.4712.5610 U.S. BANK372 12/22/2022 296147 528.85 ZOOM 010.4140.5303 U.S. BANK373 12/22/2022 296147 0.03 TEST REC CC PHONE 010.4140.5602 U.S. BANK374 12/22/2022 296147 325.38 MONITORS FOR MGMT ANALYST 010.4140.5702 U.S. BANK375 12/22/2022 296147 2,234.62 LAPTOP & ACCESSORIES FOR MGMT ANALYST 010.4140.5702 U.S. BANK376 12/22/2022 296148 139.29 11/22 CONTRACT USAGE CHRG-COPY 010.4102.5602ULTREX BUSINESS PRODUCTS (DBA)377 12/22/2022 296149 395.45 PAYROLL FOR:W/E 11/27 OFFICE ASST 640.4710.5303 UNITED STAFFING ASSOC.378 12/22/2022 296149 395.45 PAYROLL FOR:W/E 11/27 OFFICE ASST 612.4610.5303 UNITED STAFFING ASSOC.379 12/22/2022 296149 408.21 PAYROLL FOR:W/E 12/04 OFFICE ASST 640.4712.5303 UNITED STAFFING ASSOC.380 12/22/2022 296149 408.20 PAYROLL FOR:W/E 12/04 OFFICE ASST 612.4610.5303 UNITED STAFFING ASSOC.381 12/22/2022 296149 391.20 PAYROLL FOR:W/E12/11 OFFICE ASST 640.4712.5303 UNITED STAFFING ASSOC.382 12/22/2022 296149 391.19 PAYROLL FOR:W/E12/11 OFFICE ASST 612.4610.5303 UNITED STAFFING ASSOC.383 12/22/2022 296150 304.08 ACCT#472480460-00002 CITY IPADS 010.4145.5403 VERIZON WIRELESS384 12/22/2022 296151 265.00 SHORT ST RESTROOM-SNAKE MAIN LINE 010.4213.5303 WATERBOYS PLUMBING385 12/22/2022 296152 285.00 REFUND BLD22-000481 PERMIT NEVER ISSUED010.0000.4181 WEST COAST ROOFING386 12/22/2022 296152 3.91 REFUND BLD22-000481 PERMIT NEVER ISSUED 010.0000.2208 WEST COAST ROOFING387 12/22/2022 296152 1.00 REFUND BLD22-000481 PERMIT NEVER ISSUED 010.0000.2223 WEST COAST ROOFING388 12/22/2022 296153 1,440.00 11/22 SIGNAL MAINT-12 INTERSECTIONS 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC389 12/22/2022 296153 60.00 OAK PARK & JAMES WAY 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC390 12/22/2022 296153 60.00 OAK PARK & EL CAMINO REAL 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC391 12/22/2022 296153 75.00 OAK PARK & W BRANCH 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC392 12/22/2022 296154 39.86 RUBBER BOOTS-CASIOLA 640.4712.5255 WINEMA INDUSTRIAL &393 12/27/2022 296155 3,003.60 POLICE DEPT DUES: Payment 011.0000.2116 ARROYO GRANDE POLICE ASSN394 12/27/2022 296156 3,200.00 AG CAREER FIREFIGHTERS ASSN: Payment 011.0000.2115 FIVE CITIES PROF. FIREFIGHTERS395 12/27/2022 296157 62.80 PRE-PAID LEGAL SERVICES: Payment 011.0000.2125 LEGALSHIELD396 12/27/2022 296158 1,290.50 SEIU DUES: Payment 011.0000.2118 S.E.I.U. LOCAL 620397 12/29/2022 296159 24.18 AFLAC AFTER TAX: Payment 011.0000.2126 AFLAC INSURANCE398 12/29/2022 296159 814.78 AFLAC PRE TAX: Payment 011.0000.2126 AFLAC INSURANCE399 12/29/2022 296160 2,158.00 REPAIR/REPLACE VILLAGE TREE LIGHTS 010.4420.5303 CENTRAL COAST ILLUMINATIONS $ 2,898,238.87 Page 20 of 215 ATTACHMENT 2 . General Fund 342,901.98 5101 Salaries Full time 213,679.96 Streets Fund 16,887.17 5101 Volunteer Employee Retirement - American Rescue Plan Act 748.39 5102 Salaries Part-Time - PPT 3,710.91 Sewer Fund 9,529.71 5103 Salaries Part-Time - TPT 15,314.45 Water Fund 23,083.11 5105 Salaries OverTime 10,333.71 393,150.36 5106 Salaries Strike Team OT - 5107 Salaries Standby 1,690.40 5108 Holiday Pay 20,619.74 5109 Sick Pay 7,204.30 5110 Annual Leave Buyback - Administrative Services - 5111 Vacation Buyback - Information Services - 5112 Sick Leave Buyback - Community Development - 5113 Vacation Pay 5,509.84 Police 8,523.49 5114 Comp Pay 2,032.58 Public Works - Maintenance 1,159.34 5115 Annual Leave Pay 9,133.31 Public Works - Enterprise 650.88 5116 Salaries - Police FTO - Recreation - Administration - 5121 PERS Retirement 29,454.14 Recreation - Special Events - 5122 Social Security 17,550.57 Children In Motion - 5123 PARS Retirement 260.43 10,333.71 5126 State Disability Ins. 1,073.23 5127 Deferred Compensation 741.66 5131 Health Insurance 47,876.72 5132 Dental Insurance 2,904.48 5133 Vision Insurance 750.72 5134 Life Insurance 383.18 5135 Long Term Disability 585.95 5137 Leave Payouts - 5142 Unemployment Insurance - 5143 Uniform Allowance - 5144 Car Allowance 837.50 5146 Council Expense - 5147 Employee Assistance - 5148 Boot Allowance - 5149 Motor Pay 235.08 5150 Bi-Lingual Pay 150.00 5151 Cell Phone Allowance 1,117.50 393,150.36 OVERTIME BY DEPARTMENT: CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 11/25/2022 - 12/08/2022 12/16/2022 BY FUND BY ACCOUNT Page 21 of 215 ATTACHMENT 2 . General Fund 286,763.69 5101 Salaries Full time 211,405.05 Streets Fund 12,950.71 5101 Volunteer Employee Retirement - American Rescue Plan Act 2,604.65 5102 Salaries Part-Time - PPT 3,706.28 Sewer Fund 7,266.28 5103 Salaries Part-Time - TPT 15,169.59 Water Fund 18,962.98 5105 Salaries OverTime 12,042.41 328,548.31 5106 Salaries Strike Team OT - 5107 Salaries Standby 1,678.40 5108 Holiday Pay 1,479.06 5109 Sick Pay 7,030.38 5110 Annual Leave Buyback - Administrative Services - 5111 Vacation Buyback - Information Services - 5112 Sick Leave Buyback - Community Development - 5113 Vacation Pay 8,560.51 Police 11,193.53 5114 Comp Pay 5,168.50 Public Works - Maintenance 395.28 5115 Annual Leave Pay 16,154.60 Public Works - Enterprise 453.60 5116 Salaries - Police FTO - Recreation - Administration - 5121 PERS Retirement 27,743.68 Recreation - Special Events - 5122 Social Security 16,916.29 Children In Motion - 5123 PARS Retirement 255.12 12,042.41 5126 State Disability Ins. 1,029.33 5127 Deferred Compensation - 5131 Health Insurance - 5132 Dental Insurance - 5133 Vision Insurance - 5134 Life Insurance 11.75 5135 Long Term Disability - 5137 Leave Payouts - 5142 Unemployment Insurance - 5143 Uniform Allowance - 5144 Car Allowance - 5146 Council Expense - 5147 Employee Assistance - 5148 Boot Allowance - 5149 Motor Pay 197.36 5150 Bi-Lingual Pay - 5151 Cell Phone Allowance - 328,548.31 OVERTIME BY DEPARTMENT: CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 12/09/2022 - 12/22/2022 12/30/2022 BY FUND BY ACCOUNT Page 22 of 215 Item 9.b. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager SUBJECT: Annual Financial Report for Fiscal Year 2021-2022 – Receipt and Use of Water and Sewer Capacity and Connection Fees/Charges DATE: January 24, 2023 SUMMARY OF ACTION: The attached report provides an accounting of fees derived from water and sewer capacity and connection fees as required by State law. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no direct financial impact from the status report other than the staff time required to prepare it, which is estimated at 2 hours. During FY 2021-22, the Water Facility Fund balance decreased by $7,557. The Sewer Facility Fund balance increased by $4,724. The Water Availability Fund decreased by $310,626. RECOMMENDATION: Receive and file the annual report of the receipt and use of water and sewer capacity and connection fees and charges, in compliance with Government Code Section 66013. BACKGROUND: Government Code Section 66013 requires an annual financial accounting of the transactions dealing with water and sewer capacity and connection fees and charges. The basic accounting and reporting responsibilities under Government Code Section 66013 require the following: 1. A description of the charges/fees deposited in the fund; 2. The beginning and ending balance of the fund and any interest earned from investment of moneys in the fund; 3. The amount of charges/fees collected in the fiscal year; 4. The public improvements on which charges/fees were expended; Page 23 of 215 Item 9.b. City Council Annual Financial Report for Fiscal Year 2021-2022 – Receipt and Use of Water and Sewer Capacity and Connection Fees/Charges January 24, 2023 Page 2 5. The amount of the expenditure for each improvement, including the percentage of the total cost of the public improvements that were funded b y these charges/fees; 6. The completed public improvements on which charges/fees were expended; 7. Each public improvement that is anticipated to be undertaken in the current fiscal year. Attached to this staff report is the financial information (Attachments 1 -3) required by Government Code Section 66013 and, which is current as of June 30, 2022. The information consists of beginning and ending fund balances for each fee charged by the City, including interest earned and details of all expenditures made from th ese sources. Information within this report and Attachments 1-3 meet the requirements of Government Code section 66013. ANALYSIS OF ISSUES: The City utilizes fund accounting to segregate development related fees from other City revenues. Although the City pools its cash for investment purposes, interest income is allocated to the funds based on their respective cash balances. The City accounts for water and sewer connection and capacity fees or charges can be found in three separate funds - the Water Facility Fund, the Sewer Facility Fund, and the Water Availability Fund. The information in Attachment s 1-3 compare the revenues, expenditures and changes in fund balances for each fund from July 1, 2012, to June 30, 2022. The following is a description of the City funds used to track water and sewer connection and capacity fees and charges: Water Facility (Fund 642) Water Main Charges, enacted pursuant to the provision of Sections 13.04.050 of the City Municipal Code, are accounted for in the Water Facility Fund. These revenues are to be used for future water infrastructure improvements. The Water Facility Fund has accumulated $1,013,711 in unspent connection fees, of which $232,750 is identified in the City’s Capital Improvement Plan for Phased Mains Replacement on Fair Oaks Avenue between Elm and Alder Streets for FY 2022-23. Sewer Facility (Fund 634) Sewer Connection fees, enacted pursuant to the provision of Section 13.12.190 et seq. of the City Municipal Code, are collected to help pay for improvements and future sewer system capacity as necessary to meet the needs of the City resulting from growth and expansion. The Sewer Facility Fund ended the year with a fund balance of $328,790, and the FY 2022-23 budget did not identify any projects at this time. Page 24 of 215 Item 9.b. City Council Annual Financial Report for Fiscal Year 2021-2022 – Receipt and Use of Water and Sewer Capacity and Connection Fees/Charges January 24, 2023 Page 3 Water Availability Fund (Fund 241) This fund is used to account for the accumulation of water availability charge revenues. The Water Availability charge was enacted pursuant to the provision of Section 38743 of the Government Code, and Section 13.04.040 of the City Municipal Code. Water availability charges are imposed upon each parcel of property not served with city water. The Water Availability Fund has accumulated $1,291,275 in unspent connection fees, of which $42,771 is identified in the City’s Capital Improvement Plan for the Water Well #11 Facilities Project and $1,233,603 for the Central Coast Blue project for FY 2022-23. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve staff’s recommendation to receive and file the annual report ; 2. Do not approve staff’s recommendation and request further information; 3. Modify staff’s recommendation and approve; or 4. Provide other direction to staff. ADVANTAGES: By accepting the Water and Sewer Capacity and Connection Fees and Charges-Annual Report, the City will be complying with Government Code Sections 66013 et seq., which requires a financial accounting of the transactions dealing with water and sewer capacity and connection fees and charges (development impact fees) to be made available to the public. DISADVANTAGES: There are no disadvantages in relation to the recommended action. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Statement of Fund Balances for the Water Facility Fund 2. Statement of Fund Balances for the Sewer Facility Fund 3. Statement of Fund Balances for the Water Availability Fund Page 25 of 215 ATTACHMENT 1CITY OF ARROYO GRANDEWater Facility FundComparative Statement of Revenues, Expendituresand Changes in Fund BalancesFiscal Years Ending June 30, 2013-2022FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22Actual Actual Actual Actual Actual Actual Actual Actual Actual ActualRevenues:Interest Income 2,935$ 4,240$ 8,045$ 11,944$ 2,771$ 4,718$ 16,285$ 13,958$ 1,967$ (14,638)$ Water Main Charges 5,469 - - 753 665 - 66,457 105,507 48,561 7,081 Distribution Charges 46,360 37,849 58,104 35,534 126,135 29,584 - - - - Total Revenues 54,764 42,089 66,149 48,231 129,571 34,302 82,742 119,465 50,528 (7,557) Expenditures:Operating Expenses - - - - (2,794) - - - - - Excess of Revenues OverExpenditures 54,764 42,089 66,149 48,231 126,777 34,302 82,742 119,465 50,528 (7,557) Other Financing Uses:Capital Projects (528) - (114,570) (213,000) - - - - - - Excess of Revenues Over(Under) Expenditures andOther Financing Uses 54,236 42,089 (48,421) (164,769) 126,777 34,302 82,742 119,465 50,528 (7,557) Fund Balance, Beginning of Year 724,319 778,555 820,644 772,223 607,454 734,231 768,533 851,275 970,740 1,021,268 Fund Balance, End of Year 778,555$ 820,644$ 772,223$ 607,454$ 734,231$ 768,533$ 851,275$ 970,740$ 1,021,268$ 1,013,711$ Capital Project DetailReservoir No 6 Construction 528$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Old Ranch Rd Property Improvemen- - 30,000 - - - - - - - Leanna Dr Creek Crossing Upgrade- - 84,570 - - - - - - - LePoint Area Main Upgrade - - - 38,000 - - - - - - Alpine Street Overlay & Waterline - - - 175,000 - - - - - - Total Capital Projects 528$ -$ 114,570$ 213,000$ -$ -$ -$ -$ -$ -$ Phased Mains Replacement for Fair Oaks Avenue - Elm Street to Alder Street has $232,750 budgeted for FY 2022-23No refunds were made during FY 21-22Page 26 of 215 ATTACHMENT 2CITY OF ARROYO GRANDESewer Facility FundComparative Statement of Revenues, Expendituresand Changes in Fund BalancesFiscal Years Ending June 30, 2013-2022FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22Actual Actual Actual Actual Actual Actual Actual Actual Actual ActualRevenues:Interest Income 1,371$ 2,092$ 3,864$ 6,328$ 2,030$ 3,170$ 10,934$ 9,579$ (60)$ (4,717)$ Sewer Facility Charges 53,983 22,676 36,860 24,434 74,156 19,011 57,602 71,251 31,209 9,441 Total Revenues 55,354 24,768 40,724 30,762 76,186 22,181 68,535 80,830 31,150 4,724 Expenditures:Operating Expenses - - - - - - - - - - Excess of Revenues OverExpenditures 55,354 24,768 40,724 30,762 76,186 22,181 68,535 80,830 31,150 4,724 Other Financing Uses:Capital Projects (2,546) (33,000) (30,000) - - - - (372,249) - - Excess of Revenues Over(Under) Expenditures andOther Financing Uses 52,808 (8,232) 10,724 30,762 76,186 22,181 68,535 (291,419) 31,150 4,724 Fund Balance, Beginning of Year 331,370 384,178 375,946 386,670 417,432 493,618 515,799 584,334 292,916 324,065 Fund Balance, End of Year 384,178$ 375,946$ 386,670$ 417,432$ 493,618$ 515,799$ 584,334$ 292,916$ 324,065$ 328,790$ Capital Project DetailLift Station No 3 Replacement 2,546$ -$ -$ -$ -$ -$ -$ -$ -$ -$ N. Rena Sewer Relocation - 33,000 - - - - - - - - Old Ranch Rd Property Impr - - 30,000 - - - - - - - Lift Stn No 1 Force Main Replaceme- - - - - - - 372,249 - - Total Capital Projects 2,546$ 33,000$ 30,000$ -$ -$ -$ -$ 372,249$ -$ -$ There are no current Capital Improvement Projects budgeted for this Fund in this budget cycleNo refunds were made during FY 21-22Page 27 of 215 ATTACHMENT 3CITY OF ARROYO GRANDEWater Availability FundComparative Statement of Revenues, Expendituresand Changes in Fund BalancesFiscal Years Ending June 30, 2013-2022FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22Actual Actual Actual Actual Actual Actual Actual Actual Actual ActualRevenues:Interest Income 6,916$ 9,394$ 19,009$ 26,303$ 7,021$ 10,518$ 30,006$ 22,571$ 3,038$ (22,947)$ Water Availability Charges 51,850 44,900 99,600 21,450 144,312 32,450 85,363 126,325 48,050 9,900 Expense Recovery - - - - - - - - - - Total Revenues 58,766 54,294 118,609 47,753 151,333 42,968 115,369 148,896 51,088 (13,047) Expenditures:Operating Expenses - - - - (42,179) - (83,198) (41,166) - - Excess of Revenues OverExpenditures 58,766 54,294 118,609 47,753 109,154 42,968 32,171 107,730 51,088 (13,047) Other Financing Uses:Capital Projects (47,704) (15,187) (26,115) (352,550) - (232,499) (75,035) - (5,059) (297,578) Excess of Revenues Over(Under) Expenditures andOther Financing Uses 11,062 39,107 92,494 (304,797) 109,154 (189,531) (42,864) 107,730 46,029 (310,626) Fund Balance, Beginning of Year 1,733,516 1,744,578 1,783,685 1,876,179 1,571,382 1,680,536 1,491,005 1,448,141 1,555,871 1,601,901 Fund Balance, End of Year 1,744,578$ 1,783,685$ 1,876,179$ 1,571,382$ 1,680,536$ 1,491,005$ 1,448,141$ 1,555,871$ 1,601,901$ 1,291,275$ Capital Project DetailLopez Spillway Feasibility Study 3,977$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Water Well No 11 Facilities 43,727 15,187 26,115 352,550 - 227,957 6,654 - - - Well Siting Study - - - - - 4,542 24,396 - - - Well 7 Evaluation - - - - - - 43,985 - - - Central Coast Blue - - - - - - - - 5,059 297,578 Total Capital Projects 47,704$ 15,187$ 26,115$ 352,550$ -$ 232,499$ 75,035$ -$ 5,059$ 297,578$ Water Well No 11 Facilities project has $42,771 budgeted for FY 2022-23The Central Coast Blue project has $1,233,603 budgeted for FY 2022-23No refunds were made during FY 21-22Page 28 of 215 Item 9.c. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager SUBJECT: Consideration of a Resolution Approving the Annual Adjustment of Sewer Connection Fees DATE: January 24, 2023 SUMMARY OF ACTION: Adoption of a Resolution approving the annual adjustment of Sewer Connection Fees to increase fees by 7.2%, consistent with the Engineering News Record (ENR) Construction Cost Index (CCI). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Adoption of the Resolution will increase the Sewer Connection Fees charged for new development projects, effective March 27, 2023. The revenue generated from this adjustment is dependent on the amount of new development in the community during the coming year. RECOMMENDATION: Adopt a Resolution approving the annual adjustment to the City’s Sewer Connection Fees based on changes in the Engineering News Record Construction Cost Index. BACKGROUND: Ordinance 528 C.S. amended Section 13.12.190 of the Arroyo Grande Municipal Code to provide that, for each connection of a building to a public sewer, a connection fee will be charged and that the amount of the fee shall be set by resolution. Resolution No. 4507 set sewer connection fees for 2013 and authorized that the sewer connection fee s be adjusted each year in accordance with the percentage increase in the annual average Engineering News Record (ENR) Construction Cost Index (CCI). The previous rate increase of 5.92% was approved by Council on January 25, 2022, and became effective on March 28, 2022. Any rate increase becomes effective no sooner than 60 days after the City Council has approved the adjustment pursuant to State law. Page 29 of 215 Item 9.c. City Council Consideration of a Resolution Approving the Annual Adjustment of Sewer Connection Fees January 24, 2023 Page 2 ANALYSIS OF ISSUES: Sewer Connection Fees, enacted pursuant to Section 13.12.190 of the City Municipal Code, are collected to help pay for improvements and future sewer system capacity as necessary to meet the needs of the City resulting from growth and expansion. The calculation shown below provides documentation that the ENR CCI warrants a 7.2% increase in the City’s Sewer Connection Fees. The calculation adjusts the fees as follows: 1 + Current Index – Base Index for Date of Adoption = Factor Base Index for Date of Adoption For the current year, the calculation is as follows: 1 + 13,007 – 12,133= 1.072 = 7.2% 12,133 The existing and proposed fees implementing a 7.2% ENR CCI increase are set forth in Exhibit A to the attached Resolution. If approved, the effective date of the new fees will be March 27, 2023. ALTERNATIVES: The following alternatives are provided for City Council consideration: 1. Adopt the Resolution approving the annual adjustment to the City’s Sewer Connection Fees based on changes in the Engineering News Record Construction Cost Index; 2. Do not adopt the Resolution and request further information; or 3. Provide other direction to staff. ADVANTAGES: By approving the recommended fees, the City will be able to recover the estimated cost of providing infrastructure and services to new development. DISADVANTAGES: The only disadvantage identified in relation to this recommendation is an increased cost to new development. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Page 30 of 215 Item 9.c. City Council Consideration of a Resolution Approving the Annual Adjustment of Sewer Connection Fees January 24, 2023 Page 3 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. Proposed Resolution 2. Exhibit A – Sewer Connection Fees Effective 3/27/2023 Page 31 of 215 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING SEWER CONNECTION FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX WHEREAS, the City Council adopted Ordinance No. 528 C.S. amending Section 13.12.190 of the Municipal Code regarding sewer connection fees; and WHEREAS, pursuant to Section 13.12.190, the City Council may by Resolution establish the amount of the sewer connection fees; and WHEREAS, Resolution No. 4507 authorizes an annual adjustment in the sewer connection fees based on the changes in the annual average Engineering News Record (ENR) Construction Cost Index (CCI). WHEREAS, it is determined that an increase of 7.2% of the ENR CCI has been calculated to warrant an adjustment to the City sewer connection fees, effective March 27, 2023. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts the sewer connection fees set forth in Exhibit “A” attached hereto and incorporated herein by this ref erence as though set forth in full. In accordance with Government Code Section 66017, this Resolution shall take effect no sooner than sixty (60) days after its adoption. 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 24th day of January, 2023. Page 32 of 215 RESOLUTION NO. PAGE 2 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: WHITNEY MCDONALD, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Page 33 of 215 2019 2020 2021 2022 2023 ENR Index 11062 11281 11455 12133 13007 Residential - per dwelling unit Single Family 1,288$ 1,364$ 1,445$ 1,530$ 1,640$ Multifamily (a) 955 1,011 1,071 1,135 1,216 Trailer Park/Mobile Home 1,056 1,119 1,185 1,255 1,346 Non-Residential - per water meter size (b) 5/8 inch 1,288$ 1,364$ 1,445$ 1,530$ 1,640$ 3/4 inch 1,931 2,045 2,166 2,295 2,460 1 inch 3,223 3,413 3,615 3,829 4,105 1 1/2 inch 6,445 6,827 7,231 7,659 8,210 2 inch 10,312 10,923 11,569 12,254 13,137 3 inch 19,337 20,481 21,694 22,978 24,633 4 inch 32,228 34,136 36,157 38,298 41,055 6 inch 64,455 68,271 72,313 76,594 82,108 8 inch 128,912 136,544 144,627 153,189 164,219 10 inch 193,367 204,815 216,940 229,783 246,327 12 inch 283,605 300,394 318,177 337,014 361,278 (a) Multifamily includes duplex, triplex, apartments, and condominiums Adjustment Formula: Adjusted Fee = (Current Fee) x (Current Year ENR index) / (Prior Year ENR index) Adjusted Fee = (Current Fee) x (12,133) / (13007) The connection fees shall be increased each year with the annual percentage increase of the annual average ENR Construction Cost Index as established in the Engineering News Record publication. EXHIBIT A SEWER CONNECTION FEES EFFECTIVE 3/27/2023 For each connection of a building sewer to a public sewer, a connection fee shall be collected by the City before the permit for the connection work is issued. The amount of the fee collected is as follows: Connection Fee (b) For meter sizes larger than shown, connection fee determined based on the ratio of the maximum safe operating capacity of the meter to that of a 5/8 inch meter. Page 34 of 215 Item 9.d. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager SUBJECT: Consideration of a Resolution Approving the Annual Adjustment of Development Impact Fees DATE: January 24, 2023 SUMMARY OF ACTION: Adoption of a Resolution approving the annual adjustment of Development Impact Fees to increase fees by 7.2%, consistent with the Engineering News Record (ENR) Construction Cost Index (CCI). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Adoption of the Resolution will increase the Development Impact Fees charged for new development projects, effective March 27, 2023. The revenue generated from this increase is dependent on the amount of new development in the community during the coming year. RECOMMENDATION: Adopt a Resolution approving the annual adjustment to the City’s Development Impact Fees based on changes in the Engineering News Record Construction Cost Index. BACKGROUND: Section 3.36.040 of the Arroyo Grande Municipal Code states that Development Impact Fees shall be adopted by resolution and shall be adjusted each year in accordance with the percentage increase based on changes in the annual average Engineering News Record (ENR) Construction Cost Index (CCI). The following is a list of the Development Impact Fees that are included in the annual adjustment:  Traffic Signalization Fee: This fee is restricted for funding the construction of traffic signal systems, signing, and other traffic control devices. Page 35 of 215 Item 9.d. City Council Consideration of a Resolution Approving the Annual Adjustment of Development Impact Fees January 24, 2023 Page 2  Transportation Facility Fee: This fee is paid to protect the public health, safety, and welfare by maintaining the existing level of public services for existing and future residents within the City.  Water Neutralization Fee: This fee is collected from developers to neutralize projected water demand of development projects above historical usage amounts.  Fire Protection Fee: This fee is to be used for facilities to house fir e fighting personnel and equipment serving future development.  Police Facilities Fee: This fee provides funding for the expansion of police facilities.  Park Improvement Fee: This fee is to be used to improve parklands in order to maintain 4.0 acres of neighborhood and community parks per thousand residents.  Community Center Fee: The fee was enacted to ensure community center facilities are maintained at 542 square feet per thousand residents. The previous rate increase of 5.92% was approved by Council on January 25, 2022, and became effective on March 28, 2022. Any rate increase becomes effective no sooner than 60 days after the City Council has approved the adjustment pursuant to State law. ANALYSIS OF ISSUES: The calculation shown below provides documentation that the ENR CCI warrants a 7.2% increase in the City’s Development Impact Fees. The calculation adjusts the fees as follows: 1 + Current Index – Base Index for Date of Adoption = Factor Base Index for Date of Adoption For the current year, the calculation is as follows: 1 + 13,007 – 12,133 = 1.072 = 7.2% 12,133 The existing and proposed fees implementing a 7.2% ENR CCI increase are set forth in Exhibit A to the attached Resolution. If approved, the effective date of the new fees will be March 27, 2023. ALTERNATIVES: The following alternatives are provided for City Council consideration: 1. Adopt the Resolution approving the annual adjustment to the City’s Development Impact Fees based on changes in the Engineering News Record Construction Cost Index; 2. Do not adopt the Resolution and request further information; or 3. Provide other direction to staff . Page 36 of 215 Item 9.d. City Council Consideration of a Resolution Approving the Annual Adjustment of Development Impact Fees January 24, 2023 Page 3 ADVANTAGES: By approving the recommended fees, the City will be able to recover the estimated cost of providing infrastructure and services to new development. DISADVANTAGES: Implementing the recommended fees will result in an increased cost to new development. ENVIRONMENTAL REVIEW: No environmental review is required for this item. 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. Proposed Resolution 2. Exhibit A – Development Impact Fees Effective 3/27/2023 Page 37 of 215 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING DEVELOPMENT IMPACT FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX WHEREAS, pursuant to Section 3.36.040 of the Municipal Code, Development Impact Fees are to be adjusted annually by modifying the adopted value up or down in conformance with the Engineering News Record (ENR) Construction Cost Index (CCI); and WHEREAS, it is determined that an increase of 7.2% of the ENR CCI has been calculated to warrant an adjustment to the City Development Impact Fees effective March 27, 2023. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts the fees and fee schedules set forth in Exhibit “A” attached hereto and incorporated herein by this reference. This Resolution shall take effect no sooner than sixty (60) days after its adoption, per Government Code Section 66017. 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 24th day of January, 2023. Page 38 of 215 RESOLUTION NO. PAGE 2 _____________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: _____________________________________ WHITNEY MCDONALD, CITY MANAGER APPROVED AS TO FORM: _____________________________________ TIMOTHY J. CARMEL, CITY ATTORNEY Page 39 of 215 Definitions: Development Types –Residential and commercial development divided into sub- categories. Units of Development – A standard measure of the cost to provide services. The acre is the fundamental unit measure, which is divided into a smaller component, the dwelling unit (DU). Asset Cost Per Acre – The calculated cost to provide additional services/facilities to new development. Calls Per Unit – The number of yearly additional police calls generated by new development. Facility Cost Per Call – The cost per call to expand current police facilities to accommodate new development. Persons Per Unit – The number of persons expected to reside in the unit of development. Costs Per Capita – The cost of new or additions to the current community center, on a per person basis, to maintain the current level of service of recreation facilities. Impact Fee Per Unit – The fee to be levied per unit of development in order to recover future cost of new or expanded facilities. Fees: A person seeking to construct a residential or non-residential development project shall pay Development Impact Fees for fire protection, police facilities, traffic signalization, transportation facilities, community centers, park improvements, and water facilities based upon the following schedule: EXHIBIT A Page 40 of 215 Exhibit A Development Fee per Acres Fee Type Units Acre Per Unit Per Unit Residential - Estate Dwelling Unit 2,323.00$ 2.500 5,808.00$ Residential Rural Dwelling Unit 2,323.00$ 1.000 2,323.00$ Residential - Single-Family Dwelling Unit 2,323.00$ 1.000 2,323.00$ Low- income Dwelling Unit 581.00$ 1.000 581.00$ Very Low-income Dwelling Unit -1.000 Residential - Multi-Family Dwelling Unit 2,323.00$ 0.090 209.00$ Low- income Dwelling Unit 581.00$ 0.090 52.00$ Very Low-income Dwelling Unit -0.090 Residential Mobile Home Dwelling Unit 2,323.00$ 0.120 279.00$ Low- income Dwelling Unit 581.00$ 0.120 70.00$ Very Low-income Dwelling Unit -0.120 Commercial - General Thousand Square Feet 2,323.00$ 0.091 211.00$ Commercial - Service Thousand Square Feet 2,323.00$ 0.091 211.00$ Hotel/Motel Thousand Square Feet 2,323.00$ 0.050 116.00$ Professional Office Thousand Square Feet 2,323.00$ 0.077 179.00$ Industrial Thousand Square Feet 2,323.00$ 0.067 156.00$ Development Fee per Calls Fee Type Units Call Per Unit Per Unit Residential - Estate Dwelling Unit 194.00$ 0.250 49.00$ Residential Rural Dwelling Unit 194.00$ 0.250 49.00$ Residential - Single-Family Dwelling Unit 194.00$ 0.750 146.00$ Low- income Dwelling Unit 48.00$ 0.750 36.00$ Very Low-income Dwelling Unit -0.750 Residential - Multi-Family Dwelling Unit 194.00$ 1.320 256.00$ Low- income Dwelling Unit 48.00$ 1.320 63.00$ Very Low-income Dwelling Unit -1.320 Residential Mobile Home Dwelling Unit 194.00$ 0.750 146.00$ Low- income Dwelling Unit 48.00$ 0.750 36.00$ Very Low-income Dwelling Unit -0.750 Commercial - General Thousand Square Feet 194.00$ 3.909 758.00$ Commercial - Service Thousand Square Feet 194.00$ 2.273 441.00$ Hotel/Motel Thousand Square Feet 194.00$ 1.195 232.00$ Professional Office Thousand Square Feet 194.00$ 0.095 19.00$ Industrial Thousand Square Feet 194.00$ 0.045 9.00$ CITY OF ARROYO GRANDE DEVELOPMENT IMPACT FEES EFFECTIVE 03/27/2023 Fire Protection Police Facilities Page 41 of 215 Exhibit A CITY OF ARROYO GRANDE DEVELOPMENT IMPACT FEES EFFECTIVE 03/27/2023 Development Fee per PeakTrips Fee Type Units Trip Per Unit Per Unit Residential - Estate Dwelling Unit 854.00$ 1.2 1,025.00$ Residential Rural Dwelling Unit 854.00$ 1.2 1,025.00$ Residential - Single-Family Dwelling Unit 854.00$ 1.0 854.00$ Low- income Dwelling Unit 214.00$ 1.0 214.00$ Very Low-income Dwelling Unit - 1.0 Residential - Multi-Family Dwelling Unit 854.00$ 0.7 598.00$ Low- income Dwelling Unit 214.00$ 0.7 150.00$ Very Low-income Dwelling Unit - 0.7 Residential Mobile Home Dwelling Unit 854.00$ 0.5 427.00$ Low- income Dwelling Unit 214.00$ 0.5 107.00$ Very Low-income Dwelling Unit - 0.5 Commercial - General Thousand Square Feet 854.00$ 7.0 5,978.00$ Commercial - Service Thousand Square Feet 854.00$ 4.0 3,416.00$ Hotel/Motel Thousand Square Feet 854.00$ 1.8 1,537.00$ Professional Office Thousand Square Feet 854.00$ 2.8 2,391.00$ Industrial Thousand Square Feet 854.00$ 0.8 683.00$ Development Fee per PeakTrips Fee Type Units Trip Per Unit Per Unit Residential - Estate Dwelling Unit 2,332.00$ 1.2 2,798.00$ Residential Rural Dwelling Unit 2,332.00$ 1.2 2,798.00$ Residential - Single-Family Dwelling Unit 2,332.00$ 1.0 2,332.00$ Low- income Dwelling Unit 583.00$ 1.0 583.00$ Very Low-income Dwelling Unit - 1.0 Residential - Multi-Family Dwelling Unit 2,332.00$ 0.7 1,632.00$ Low- income Dwelling Unit 583.00$ 0.7 408.00$ Very Low-income Dwelling Unit - 0.7 Residential Mobile Home Dwelling Unit 2,332.00$ 0.5 1,166.00$ Low- income Dwelling Unit 583.00$ 0.5 292.00$ Very Low-income Dwelling Unit - 0.5 Commercial - General Thousand Square Feet 2,332.00$ 7.0 16,324.00$ Commercial - Service Thousand Square Feet 2,332.00$ 4.0 9,328.00$ Hotel/Motel Thousand Square Feet 2,332.00$ 1.8 4,198.00$ Professional Office Thousand Square Feet 2,332.00$ 2.8 6,530.00$ Industrial Thousand Square Feet 2,332.00$ 0.8 1,866.00$ Traffic Signalization Transportation Facilities Page 42 of 215 Exhibit A CITY OF ARROYO GRANDE DEVELOPMENT IMPACT FEES EFFECTIVE 03/27/2023 Development Fee per Persons Fee Type Units Capita Per Unit Per Unit Residential - Estate Dwelling Unit 64.00$ 2.7 173.00$ Residential Rural Dwelling Unit 64.00$ 2.7 173.00$ Residential - Single-Family Dwelling Unit 64.00$ 2.7 173.00$ Low- income Dwelling Unit 16.00$ 2.7 43.00$ Very Low-income Dwelling Unit - 2.7 Residential - Multi-Family Dwelling Unit 64.00$ 2.0 128.00$ Low- income Dwelling Unit 16.00$ 2.0 32.00$ Very Low-income Dwelling Unit - 2.0 Residential Mobile Home Dwelling Unit 64.00$ 1.5 96.00$ Low- income Dwelling Unit 16.00$ 1.5 24.00$ Very Low-income Dwelling Unit - 1.5 - Development Fee per Persons Fee Type Units Capita Per Unit Per Unit Residential - Estate Dwelling Unit 1,099.00$ 2.7 2,967.00$ Residential Rural Dwelling Unit 1,099.00$ 2.7 2,967.00$ Residential - Single-Family Dwelling Unit 1,099.00$ 2.7 2,967.00$ Low- income Dwelling Unit 275.00$ 2.7 743.00$ Very Low-income Dwelling Unit - 2.7 - Residential - Multi-Family Dwelling Unit 1,099.00$ 2.0 2,198.00$ Low- income Dwelling Unit 275.00$ 2.0 550.00$ Very Low-income Dwelling Unit - 2.0 Residential Mobile Home Dwelling Unit 1,099.00$ 1.5 1,649.00$ Low- income Dwelling Unit 275.00$ 1.5 413.00$ Very Low-income Dwelling Unit - 1.5 - Meter Size Fee 5/8 inch - 3/4 inch 1,207.00$ 1 inch 2,013.00$ 1 1/2 inch 4,027.00$ 2 inch 6,440.00$ 3 inch 12,078.00$ 4 inch 20,129.00$ 6 inch 40,278.00$ 8 inch 80,555.00$ Community Centers Park Improvements Water Facilities Page 43 of 215 Item 9.e. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager SUBJECT: Consideration of Adoption of a Resolution Confirming the Emergency Services Director’s Proclamation of Existence of a Local Emergency in the City of Arroyo Grande and Waiving Demolition Permit and Inspection Fees Related to Flood Damage DATE: January 24, 2023 SUMMARY OF ACTION: Adoption of a Resolution confirming the Emergency Services Director’s proclamation of existence of a local emergency related to the January 2023 storm events and approving the waiver of demolition permit and inspection fees for flooded residents and businesses. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Adoption of the Resolution will facilitate the ability for the City to utilize all available resources to respond to the emergency, including through the use of emergency procurement processes. There are approximately nine homes that experienced flood damage on Tally Ho Road, with more homes in the City that experienced flooding into yards, garages, and outbuildings. The City’s demolition permit and inspection fee is $375. Waiver of demolition permit and inspection fees is estimated to result in approximately $3,375 in lost revenue to the City. RECOMMENDATION: Adopt a Resolution confirming the Emergency Services Director’s proclamation of the existence of a local emergency and waiving demolition permit and inspection fees for flooded residents and businesses. BACKGROUND: On January 4, 2023, Governor Newsom issued a Proclamation of a State of Emergency relating to severe winter storms and a series of atmospheric river systems that struck California beginning December 27, 2022, bringing high winds, substantial precipitation, and river, stream, and urban flooding. The Governor’s Proclamation declared that conditions of extreme peril to the safety of persons and property exist due to these storms, Page 44 of 215 Item 9.e. City Council Consideration of Adoption of a Resolution Confirming the Emergency Services Director’s Proclamation of Existence of a Local Emergency in the City of Arroyo Grande and Waiving Demolition Permit and Inspection Fees Related to Flood Damage January 24, 2023 Page 2 which have forced closures and caused damage to highways and roads, as well as caused levee and culvert failures, and mandatory evacuations in severely impacted counties, including San Luis Obispo County. Statewide, the storms threatened, and continue to imminently threaten, critical infrastructure including utilities and thoroughfares, movement of resources, runoff in burn scars from recent wildfires potentially causing mud and debris flows, power outages to thousands of households and businesses, river, and urban flooding due to excessive and prolonged rainfall. On January 8, 2023, the President of the United States declared that an emergency exists in the State of California relating to severe winter storms, flooding, landslides, and mudslides. The Presidential Emergency Declaration makes residents in impacted counties who had damage or losses from the storms eligible to apply for federal disaster assistance. On January 17, 2023, San Luis Obispo County was added as an affected county, meaning San Luis Obispo County residents who had damage or losses from the storms may now apply for Federal Emergency Management Agency (FEMA) disaster assistance. On January 9, 2023, the County Administrative Officer of San Luis Obispo issued a Proclamation of Local Emergency relating to severe winter storms and a series of atmospheric river systems that struck San Luis Obispo County, bringing high winds, substantial precipitation, and river, stream and urban flooding. The City of Arroyo Grande has specifically been, and is under continued threat to be, adversely impacted by the above-referenced winter storms in a manner that threatens local infrastructure and public health and safety, and which exceeds the capacity of the City to address with its own personnel, resources, or in a timely manner to protect life and property, particularly if bound by strict compliance with various statutes and regulations. Conditions of disaster or extreme peril to the safety of persons and property within the City have already included rising water levels throughout the Tally Ho and Arroyo Grande Creek systems, flooding, major street and highway closures, and damage or threatened damage to City infrastructure. While the federal, State, and County emergency declarations also apply to the City and assist the City and its residents and businesses in obtaining assistance and resources through the California Office of Emergency Services and the Federal Emergency Management Agency, proclamation of a local emergency within the City of Arroyo Grande enables the City to utilize all availa ble resources, including emergency procurement processes, to respond to and recover from this disaster. Therefore, after consideration of the facts reasonably available at the time, on January 18, 2023, at approximately 4:34 p.m., the City Manager, acting as the Director of Emergency Services in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, proclaimed the existence of a Page 45 of 215 Item 9.e. City Council Consideration of Adoption of a Resolution Confirming the Emergency Services Director’s Proclamation of Existence of a Local Emergency in the City of Arroyo Grande and Waiving Demolition Permit and Inspection Fees Related to Flood Damage January 24, 2023 Page 3 local emergency in the City of Arroyo Grande effective as of January 4, 2023, to ensure that all available resources are made available to the City and its residents and businesses to respond to and address the disaster created by the January 2023 storms. ANALYSIS OF ISSUES: Pursuant to Government Code § 8630, a local emergency throughout the City declared by the Director of Emergency Services shall not remain in effect for a period in excess of seven (7) days unless it has been ratified by the City Council. Therefore, the City Manager, acting as the City’s Director of Emergency Services, requests that the City Council ratify and affirm the existence of a local emergency throughout the City of Arroyo Grande as described in the attached Resolution (Attachment 1) and Proclamation (Attachment 2). Approximately nine homes on Tally Ho Road experienced flood damage that may necessitate demolition permits and inspections. Additional homes in the City experienced flooding into yards, garages, and outbuildings. While City staff are unaware of any businesses in the City that experienced flooding that may necessitate a de molition permit or inspection, it is possible that this will occur in the coming weeks. The City’s demolition permit and inspection fee is approximately $375. To provide financial support and assistance to City residents and businesses who have experienced flooding from the storm, it is recommended that the demolition permit and inspection fee be waived as provided in the proposed Resolution (Attachment 1). ALTERNATIVES: The following alternatives are provided for the Council’s consideration: . 1. Adopt the Resolution Proclaiming and Affirming the Existence of a Local Emergency and Approval of Demolition Permit and Inspection Fee Waivers for Flooded Residents and Businesses; or 2. Provide other direction to staff. ADVANTAGES: Adoption of the Resolution will facilitate the ability for the City to utilize all available resources to respond to and recover from the emergency conditions created by the January 2023 storm events. DISADVANTAGES: The City estimates approximately $3,375 in lost revenue by waiving the demolition permit and inspection fees. Page 46 of 215 Item 9.e. City Council Consideration of Adoption of a Resolution Confirming the Emergency Services Director’s Proclamation of Existence of a Local Emergency in the City of Arroyo Grande and Waiving Demolition Permit and Inspection Fees Related to Flood Damage January 24, 2023 Page 4 ENVIRONMENTAL REVIEW: No environmental review is required for this item. 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. Proposed Resolution 2. Proclamation of the Existence of a Local Emergency (January 18, 2023) Page 47 of 215 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE EMERGENCY SERVICES DIRECTOR’S PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY IN ARROYO GRANDE AND WAIVING DEMOLITION PERMIT AND INSPECTION FEES FOR FLOODED RESIDENTS WHEREAS, California Government Code section 8630 and Section 8.12.060 (a) of the Arroyo Grande Municipal Code empower the Emergency Services Director/City Manager to proclaim a local emergency if the City Council is not in session; and WHEREAS, California Government Code section 8630 requires that the City Council shall take action to ratify the proclamation within seven days thereafter; and WHEREAS, pursuant to the provisions of Government Code section 8558(b), on January 4, 2023, the Governor of the State of California issued a Proclamation of a State of Emergency (“Governor’s Proclamation”) relating to severe winter storms and a series of atmospheric river systems that struck California, bringing high winds, substantial precipitation, and river, stream and urban flooding; and WHEREAS, on January 8, 2023, the President of the United States declared that an emergency exists in the State of California relating to severe winter storms, flooding, landslides, and mudslides; and WHEREAS, The Presidential Declaration makes residents in impacted counties who had damage or losses from the storms eligible to apply for federal disaster assistance ; and WHEREAS, on January 9, 2023, the County Administrative Officer of San Luis Obispo issued a Proclamation of Local Emergency relating to severe winter storms and a series of atmospheric river systems that struck San Luis Obispo County, bringing high winds, substantial precipitation, and river, stream and urban flooding; and WHEREAS, on January 17, 2023, San Luis Obispo County was added as an affected county, meaning San Luis Obispo County residents who had damage or losses from the storms may now apply for Federal Emergency Management Agency (FEMA) disaster assistance; and WHEREAS, conditions of disaster or extreme peril to the safety of persons and/or property have arisen within the City of Arroyo Grande as a result of severe storm weather conditions, including flooding and high winds, causing damage to public and private structures and facilities including multiple homes and residences within the City limits that experienced significant flooding, and related local emergency impacts Page 48 of 215 RESOLUTION NO. PAGE 2 throughout the City, as defined by California Government Code section 8558(c) beginning on or about December 27, 2022, and escalating in a manner warranting the proclamation of a local emergency, commencing on or about 8:00 a.m. on the 4th day of January, 2023, at which time the City Council of Arroyo Grande was not in session; and WHEREAS, on January 18, 2023, the City Manager acting as the Emergency Services Director did properly proclaim the existence of a local emergency within the City commencing on or about 8:00 am on January 4, 2023 , due to the storm events that began on December 27, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, that: 1. The proclamation of existence of a local emergency, as issued by the Emergency Services Director/City Manager on January 18th, 2023, is hereby ratified and confirmed. 2. Demolition permit and inspection fees will be waived for residents and businesses who have experienced flooding resulting from this emergency. BE IT FURTHER RESOLVED that the conditions constituting a local emergency emerged on or about December 27, 2022, and continued and escalated in a manner warranting a local emergency proclamation as of January 4, 2023, and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Arroyo Grande. On motion of Council Member___________, seconded by Council Member ________, and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 24th day of January, 2023. Page 49 of 215 RESOLUTION NO. PAGE 3 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: WHITNEY McDONALD, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Page 50 of 215 A PROCLAMATION OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF ARROYO GRANDE, CALIFORNIA, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WITHIN THE CITY OF ARROYO GRANDE (JANUARY 2023 STORM) WHEREAS , Section 8.12 . 060 of the Arroyo Grande Municipal Code empowers the Director of Emergency Services/City Manager ("Director") of the City of Arroyo Grande to proclaim the existence of a local emergency when the City is affected or likely to be affected by a public calamity and the Disaster Council/City Council ("City Council") is not in session ; and WHEREAS , Government Code Section 8558 (c) defines such conditions to include flood , storm , hazardous materials incident, sudden and severe energy shortage , or other conditions that are or are likely to be, beyond the control of the services, personnel, equipment and facilities of this City , requiring the combined forces of other political subdivisions to combat ; and WHEREAS , on January 4, 2023 , the Governor of the State of California issued a Proclamation of a State of Emergency related to severe winter storms and a series of atmospheric river systems that struck California beginning on December 27 , 2022, bringing high winds , substantial precipitation, and river , stream and urban flooding , the recitals and findings of which are referenced and incorporated herein as though set forth in full and are hereby adopted as the recitals and findings of the Emergency Services Director ; and WHEREAS, on January 8 , 2023 , the President of the United States declared that an emergency exists in the State of California and ordered Federal assistance to supplement State , tribal , and local response efforts due to the emergency conditions resulting from successive and severe winter storms , flooding, and mudslides ; and WHEREAS , on January 9, 2023 , the Emergency Services Director for the County of San Luis Obispo issued a Proclamation of a Local Emergency related to severe winter storms and a series of atmospheric river systems that struck California beginning on December 27 , 2022 , bringing high winds , substantial rainfall , significant flooding, falling debris, downed trees , and widespread power outages; and WHEREAS, the City of Arroyo Grande has been adversely impacted by the above referenced winter storms in a manner that threatens local infrastructure and public health and safety, and which exceeds the capacity of the City to address with its own personnel and resources; and WHEREAS, the City Manager , as Emergency Services Director of the City of Arroyo Grande , does hereby find that conditions of disaster or extreme peril to the safety of persons and/or property have arisen within the City of Arroyo Grande , caused by severe winter storms , rising water levels along Arroyo Grande Creek and throughout other areas of the City and damage or threatened damage to City infrastructure presenting immediate peril to the health, safety and welfare of the residents and businesses of the City of Arroyo Grande and to City staff and operations commencing on or about 8:00 a.m. on the 4th day of January, 2023, due to the storm events that began on December 27 , 2022 , and : 1. Such conditions are , or are likely to be , beyond the control of the services , personnel , equipment , and facilities of the City of Arroyo Grande; and 2. The City Council of the City of Arroyo Grande is not in session and cannot be immediately called into session. ATTACHMENT 2 Page 51 of 215 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY PAGE2 NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services of the City of Arroyo Grande that a local emergency exists throughout the City ; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by State law, ordinances , resolutions and approved emergency plans of the City; and IT IS FURTHER PROCLAIMED AND ORDERED that as soon as hereafter possible , this Proclamation be filed in the Office of the City Clerk of the City of Arroyo Grande and that widespread publicity and notice be given of this Proclamation and IT IS FURTHER PROCLAIMED AND ORDERED and that said emergency shall be deemed to continue to exist for the next seven (7) days, and hereafter by ratification of the City Council , or unti l its termination by the City Council. Dated: January 18, 2023 ~ Emergency Services Director ATTEST : ~~ ~yaerk Page 52 of 215 Item 9.f. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager SUBJECT: Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic DATE: January 24, 2023 SUMMARY OF ACTION: Adoption of the Resolution will continue the declared local emergency related to the COVID-19 pandemic. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no direct fiscal impacts related to the proposed ac tion; however, adoption of the Resolution will facilitate the ability for the City to request resources including financial support and reimbursement from the State Office of Emergency Services and the Federal Emergency Management Agency for costs incurred in preparation and/or response to the COVID-19 pandemic. RECOMMENDATION: Adopt a Resolution declaring a continued local emergency related to the Coronavirus (COVID-19) pandemic. BACKGROUND: As the City Council is aware, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the former City Manager, in his capacity as the Director of Emergency Services, proclaimed a local emergency on March 16, 2020, regarding the COVID -19 pandemic. The City Council ratified the proclamation at its regular meeting on March 24, 2020, and adopted resolutions declaring a continued local emergency since that time as the pandemic has persisted. ANALYSIS OF ISSUES: Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to “Review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated.” Accordingly, the City Council has adopted the appropriate Resolutions declaring a continued local Page 53 of 215 Item 9.f. City Council Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic January 24, 2023 Page 2 emergency related to the coronavirus (COVID-19) pandemic within the required 21-day time period since the ratification of the proclamation at its March 24, 2020 regular meeting. This item is being presented to the City Council to satisfy the requirements of Section 8.12.065(C). Given the ongoing state of emergency proclaimed by the Governor, the ongoing public health orders issued by the State, and the ongoing work required of City staff to respond to the pandemic and these proclamations and orders, it is recommended that the City Council adopt the Resolution declaring the need to continue the emergency declaration. The San Luis Obispo County (County) Public Health Officer and the County Emergency Services Director terminated the County’s emergency declarations with respect to the COVID-19 pandemic on February 25, 2022. However, a statewide emergency declaration issued by the Governor remains in place related to the pandemic. In light of the ongoing statewide emergency, the ongoing impacts associated with the coronavirus within the Arroyo Grande community and the City organization, it is recommended that the City Council continue the declared local emergency. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution declaring the need to continue the declared local emergency; or 2. Provide other direction to staff. ADVANTAGES: Adoption of the Resolution will satisfy the requirement of the Arroyo Grande Municipal Code regarding the periodic review of the declared local emergency related to the COVID- 19 pandemic. DISADVANTAGES: No disadvantages have been identified to adopting the Resolution. ENVIRONMENTAL REVIEW: No environmental review is required for this item. 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. Proposed Resolution Page 54 of 215 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE CORONAVIRUS (COVID- 19) PANDEMIC WHEREAS, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the former City Manager, in his capacity as the Director of Emergency Services proclaimed a local emergency on March 17, 2020, regarding the COVID-19 pandemic; and WHEREAS, the City Council ratified the emergency proclamation through adoption of Resolution No. 4974 at its regular meeting on March 24, 2020; and WHEREAS, Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated; and WHEREAS, the City Council has adopted Resolutions declaring a continued local emergency related to the coronavirus (COVID-19) pandemic on April 14, April 28, May 12, May 26, June 9, June 23, July 14, August 11, August 25, September 8, September 22, October 13, October 27, November 10, November 24, December 8, 2020, January 12, January 26, February 9; February 23; March 9, March 23, April 13, April 27, May 11, May 25, June 8, June 22, July 27, August 10, August 24, September 14, September 28, October 12, October 26, November 9, November 23, December 14, 2021, January 11, January 25, February 8, February 22, March 8, March 22, April 12, April 26, May 10, May 24, June 14, June 28, July 26, August 9, August 23, September 13, September 27, October 11, October 25, November 22, December 13, 2022, January 10, 2023; and WHEREAS, the Secretary of Health and Human Services Director issued a Determination that a Public Health Emergency Exists and has existed as of January 27, 2020 ; and WHEREAS, the President of the United States declared a State of National Emergency; the Governor of the State of California has proclaimed a State of Emergency for the State of California and issued Executive Orders and direction regarding measures to mitigate the spread of cases of COVID-19 within the State of California and all recitals set forth therein, are included as though fully set forth herein; and WHEREAS, the COVID-19 pandemic continues to spread rapidly worldwide and in the U.S., continuing to present an immediate and significant risk to public health and safety, and resulting in serious illness or death to vulnerable populations, including the elderly and those with underlying health conditions. Page 55 of 215 RESOLUTION NO. PAGE 2 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 1. All recitals set forth above, are true, correct and incorporated herein. 2. A local emergency is declared to continue to exist throughout the City of Arroyo Grande, and the City has been undertaking, and will continue through termination of this emergency to undertake necessary measures and incur necessary costs, which are directly related to the prevention of the spread of COVID-19 and are taken in furtherance of: the Secretary of Health and Human Services’ determination that a public health emergency has existed since January 27, 2020; the Governor’s Proclamation of a State of Emergency on March 4, 2020; the President of the United States’ Declaration of a National Emergency on March 13, 2020; and related orders and directives. On motion of Council Member _______________________, seconded by Council Member _______________________, and by the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was approved this 24th day of January, 2023. Page 56 of 215 RESOLUTION NO. PAGE 3 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: WHITNEY MCDONALD, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Page 57 of 215 Item 9.g. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager BY: Aleah Bergam, Management Analyst SUBJECT: Consideration of Agreement with Best Best & Krieger for Interim City Attorney Services DATE: January 24, 2023 SUMMARY OF ACTION: Approve the Agreement and appoint Isaac Rosen, of Best Best & Krieger, as the Interim City Attorney. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no fiscal impact on the appointment of an Interim City Attorney. The services provided will be within the scope of the adopted FY 2022-23 budget. Services with Carmel & Naccasha will conclude at the commencement of the agreement with Best Best & Krieger. RECOMMENDATION: Approve the Agreement with Best Best & Krieger for City Attorney Services and a ppoint Isaac Rosen as the Interim City Attorney. BACKGROUND: The City Attorney is the City’s chief legal officer and is responsible for the proper administration and coordination of all City legal affairs. The City Council directly appoints the City Attorney, which has been a contract-City Attorney since the City’s incorporation. The law firm of Carmel & Naccasha, LLP, has contracted with the City to provide its City Attorney services since 2004. ANALYSIS OF ISSUES: Pursuant to the terms of the City’s agreement with Carmel & Naccasha and the written notice of termination received on November 30, 2022, legal services from Carmel & Naccasha will be terminated no later than February 28, 2023. On January 3, 2023, City staff posted a Request for Proposals (RFP) (Attachment 2) for a permanent City Attorney. Page 58 of 215 Item 9.g. City Council Consideration of Agreement with Best Best & Krieger for Interim City Attorney Services January 24, 2023 Page 2 It is anticipated that the appointment of a permanent City Attorney will occur by March 28, 2023. Until the RFP process is completed, and a new City Attorney is appointed by the City Council, Staff recommends approving an agreement with Best Best & Krieger for Interim City Attorney services (Attachment 1) and appointing Isaac Rosen as Interim City Attorney. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve the Agreement and appoint Isaac Rosen, of Best Best & Krieger, as the Interim City Attorney; or 2. Provide other direction to staff. ADVANTAGES: Appointing an Interim City Attorney ensures the City has necessary legal expertise and continuity of legal services while the procurement process is conducted to enter into a new contract for City Attorney services. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. 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. Proposed Agreement 2. Request for Proposals for City Attorney Services Page 59 of 215 09896.00000\40910820.2 ATTACHMENT 1 - 1 - LEGAL SERVICES AGREEMENT AGREEMENT FOR INTERIM CITY ATTORNEY LEGAL SERVICES BETWEEN CITY OF ARROYO GRANDE AND BEST BEST & KRIEGER LLP 1. PARTIES AND DATE This Agreement is made and entered into as of the day of January, 2023, by and between the City of Arroyo Grande, a California municipal corporation (“Client”) and Best Best & Krieger LLP, a limited liability partnership engaged in the practice of law (“BB&K”). 2. RECITALS 2.1 Client wishes to engage the services of BB&K as its Interim City Attorney to perform all necessary legal services for the Client on the terms set forth below. 3. TERMS. 3.1 Term. The term of this Agreement shall commence on and shall continue in full force and effect until terminated in accordance with Section 3.12. 3.2 Scope of Services. BB&K shall serve as City Attorney and shall perform legal services (“Services”) as may be required from time to time by the Client as set forth by this Agreement, unless otherwise agreed to by the Client and BB&K. As part of the Services to be performed hereunder, BB&K shall be responsible for the following: 3.2.1 Preparation for, and attendance at, regular meetings of the Client; 3.2.2 Provision of legal counsel at such other meetings as directed by the Client; 3.2.3 Preparation or review of Client ordinances and resolutions, together with such staff reports, orders, agreements, forms, notices, declarations, certificates, deeds, leases and other documents as requested by the Client; 3.2.4 Rendering to the officers and employees of the Client legal advice and opinions on all legal matters affecting the Client, including new legislation and court decisions, as directed by the Client; 3.2.5 Researching and interpreting laws, court decisions and other legal authorities in order to prepare legal opinions and to advise the Client on legal matters pertaining to Client operations, as directed by the Client; 3.2.6 Performing legal work pertaining to property acquisition, property disposal, public improvements, public rights-of-way and easements, as directed by the Client; Page 60 of 215 09896.00000\40910820.2 - 2 - 3.2.7 Responding to inquiries and review for legal sufficiency ordinances, resolutions, contracts, and administrative and personnel matters, as directed by the Client; 3.2.8 Representing and assisting on litigation matters, as directed by the Client. Such services shall include, but shall not be limited to, the preparation for and making of appearances, including preparing pleadings and petitions, making oral presentations, and preparing answers, briefs or other documents on behalf of the Client, and any officer or employee of the Client, in all federal and state courts of this State, and alternative dispute resolution officer, and before any governmental board or commission, including reviewing, defending or assisting any insurer of the Client or its agents or attorneys with respect to any lawsuit filed against the Client or any officer or employee thereof, for money or damages. 3.3 Designated City Attorney. Isaac Rosen shall be designated as Interim City Attorney, and shall be responsible for the performance of all Services under this Agreement, including the supervision of Services performed by other members of BB&K. No change in these assignments shall be made without the consent of the Client. 3.4 Time of Performance. The Services of BB&K shall be performed expeditiously in the time frames and as directed by the Client. 3.5 Assistance. The Client agrees to provide all information and documents necessary for the attorneys at BB&K to perform their obligations under this Agreement. 3.6 Independent Contractor. BB&K shall perform all legal services required under this Agreement as an independent contractor of the Client and shall remain, at all times as to the Client, a wholly independent contractor with only such obligations as are required under this Agreement. Neither the Client, nor any of its employees, shall have any control over the manner, mode or means by which BB&K, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. The Client shall have no voice in the selection, discharge, supervision or control of BB&K’s employees, representatives or agents, or in fixing their number, compensation, or hours of service. 3.7 Fees and Costs. BB&K shall render and bill for legal services in the following categories and at rates set forth in Exhibit “A” and in accordance with the BB&K Billing Policies set forth in Exhibit “D”, both of which are attached hereto and incorporated herein by reference. In addition, the Client shall reimburse BB&K for reasonable and necessary expenses incurred by it in the performance of the Services under this Agreement. Authorized reimbursable expenses shall include, but are not limited to, printing and copying expenses, mileage expenses at the rate allowed by the Internal Revenue Service, toll road expenses, long distance telephone and facsimile tolls, computerized research time (e.g. Lexis or Westlaw), research services performed by BB&K’s library staff, extraordinary mail or delivery costs (e.g. courier, overnight and express delivery), court fees and similar costs relating to the Services that are generally chargeable to a client. However, no separate charge shall be made by BB&K for secretarial or word processing services. 3.8 Billing. BB&K shall submit monthly to the Client a detailed statement of account for Services. The Client shall review BB&K’s monthly statements and pay BB&K for Services rendered and costs incurred, as provided for in this Agreement, on a monthly basis. Page 61 of 215 09896.00000\40910820.2 - 3 - 3.9 Annual Reviews. The Client and BB&K agree that a review of performance and the compensation amounts referenced in this Agreement should occur at least annually. 3.10 Insurance. BB&K carries errors and omissions insurance with Lloyd’s of London. After a standard deductible, this insurance provides coverage beyond what is required by the State of California. A declaration page containing information about BB&K’s errors and omissions insurance policy is available upon Client’s request. 3.11 Attorney-Client Privilege. Confidential communication between the Client and BB&K shall be covered by the attorney-client privilege. As used in this article, “confidential communication” means information transmitted between the Client and BB&K in the course of the relationship covered by this Agreement and in confidence by a means that, so far as the Client is aware, discloses the information to no third persons other than those who are present to further the interests of the Client in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which BB&K is consulted, and includes any legal opinion formed and advice given by BB&K in the course of this relationship. 3.12 Termination of Agreement and Legal Services. This Agreement and the Services rendered under it may be terminated at any time upon thirty (30) days ’ prior written notice from either party, with or without cause. In the event of such termination, BB&K shall be paid for all Services authorized by the Client and performed up through and including the effective date of termination. BB&K shall also be reimbursed for all costs associated with transitioning any files or other data or documents to a new law firm or returning them to the Client. 3.13 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.14 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Luis Obispo County. 3.15 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. 3.16 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 3.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. Page 62 of 215 09896.00000\40910820.2 - 4 - 3.19 Delivery of Notices. All notices permitted or required under this Agreement notices shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Client: City of Arroyo Grande 300 E. Branch Street Arroyo Grande, CA 93420 Attention: Ms. Whitney McDonald BB&K: Best Best & Krieger LLP 300 S. Grand Ave., 25th Los Angeles, CA 90071 Attention: Isaac Rosen 3.20 Indemnification. (A) BB&K agrees to indemnify City / Agency, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising from the negligent acts or omissions of BB&K hereunder, or arising from BB&K’s negligent performance of any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the negligence or willful misconduct of Client, its officers, agents or employees. (B) Client acknowledges BB&K is being appointed as City Attorney pursuant to the authority of Government Code Section 36505, and has the authority of that office. Accordingly, the Client is responsible pursuant to Government Code Section 825 for providing a defense for the City Attorney for actions within the scope of its engagement hereunder. Therefore, Client agrees to undertake its statutory duty and indemnify BB&K, its officers, employees and agents against and will hold and save each of them harmless from, any and all claims or liabilities that may be asserted or claims by any person, firm or entity arising out of or in connection with the work, operations or activities of BB&K within the course and scope of its performance hereunder, but nothing herein shall require Client to indemnify BB&K for liability arising from its own negligence or alleged negligence. In connection herewith: (i) Client will promptly provide a defense and pay any judgment rendered against the Client, its officers, agency or employees for any such claims or liabilities arising out of or in connection with such work, operations or activities of Client hereunder; and (ii) In the event BB&K, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Client for such damages or other claims solely arising out of or in connection with the work operation or activities of Client hereunder, Client Page 63 of 215 09896.00000\40910820.2 - 5 - agrees to pay to BB&K, its officers, agents or employees any and all costs and expenses incurred by attorney, its officers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys’ fees. IN WITNESS WHEREOF, the Client and BB&K have executed this Agreement for Interim City Attorney Legal Services as of the date first written above. (SIGNATURES CONTAINED ON FOLLOWING PAGE) Page 64 of 215 09896.00000\40910820.2 - 6 - SIGNATURE PAGE TO AGREEMENT FOR INTERIM CITY ATTORNEY LEGAL SERVICES BETWEEN CITY OF ARROYO GRANDE AND BEST BEST & KRIEGER LLP CITY OF ARROYO GRANDE: By: WHITNEY MCDONALD CITY MANAGER Date: January ___, 2023 BEST BEST & KRIEGER LLP: By: ISAAC ROSEN OF COUNSEL Date: January ___, 2023 Page 65 of 215 09896.00000\40910820.2 A-1 EXHIBIT A TO AGREEMENT FOR INTERIM CITY ATTORNEY LEGAL SERVICES BETWEEN CITY OF ARROYO GRANDE AND BEST BEST & KRIEGER LLP BILLING ARRANGEMENTS 1. Basic Legal Services - Description. Basic legal services shall include all services provided to Client that are not otherwise specifically identified below as either Special Legal Services, Third Party Reimbursable Legal Services, or Public Finance Legal Services (“Basic Legal Services”). 2. Basic Legal Services – Rates. The Client shall pay for Basic Legal Services at the following rates: Attorneys $205 Paralegals, Law Clerks, Analysts $155 Other titles may be used in our legal services. Please refer to section 6 of this Exhibit for those other personnel titles and rates. 3. Special Legal Services - Description. Special Legal Services shall include the following types of services: A. Litigation and formal administrative or other adjudicatory hearing matters B. Labor relations and employment matters C. Non-routine real estate matters (e.g. CC&R’s, deed or title work) D. Land acquisition and disposal matters (including pre-condemnation) E. Successor Agency and housing matters F. Taxes, fees and charges matters (e.g. Prop. 218 & Mitigation Fee Act) G. Public construction disputes H. Non-routine contract negotiation matters (including non-BB&K model agreements and franchise agreements) Page 66 of 215 09896.00000\40910820.2 A-2 I. Non-routine land use and development matters (including general plan updates, Williamson Act issues, annexations and development agreements) J. Environmental matters (e.g. CEQA, NEPA, endangered species) K. Tax and ERISA related matters L. Toxic substances matters (e.g. CERCLA, RCRA) M. Complex public utility matters (e.g. electric, natural gas, telecommunications, water, rail or transit that involve state or federal regulatory issues) N. Renewable energy and energy efficiency project contracts and power purchase agreements O. Intergovernmental Relations and Advocacy efforts (e.g. legislative and regulatory representation) at the federal and state level P. Non-routine election law matters, including election law litigation Q. Other matters mutually agreed upon between BBK and the Client 4. Special Legal Services – Rates. The Client shall pay for Special Legal Services at the following rates: Attorneys $325 Paralegal, Law Clerks, Analysts $165 5. Third Party Reimbursable Legal Services - Description. Third Party Reimbursable Legal Services shall include legal services provided to Client for which Client receives reimbursement from a developer or other third party. These reimbursable legal services include, but are not limited to, negotiation and review of development agreements, planning entitlements, review of CC&Rs; establishment of financing districts (i.e., Community Facilities Districts; Assessment Districts; Landscape and Lighting Maintenance Districts); the processing of land use/environmental projects for which Client is entitled to reimbursement, as well as defending any challenges to project entitlements or any dispute or litigation related to such reimbursable legal services. 6. Third Party Reimbursable Legal Services - Rates. Client shall pay for Third Party Reimbursable Legal Services at BB&K’s then current published standard private client rates, minus ten percent (10%). Upon execution of this Agreement, BB&K shall provide a copy of its published rate schedule to Client. BB&K shall also provide annual written updates to Client when changes are made to the published rate schedule. 7. Public Finance & Bond Rates. BB&K will provide bond counsel, special counsel or disclosure counsel services at the request of Client. Such bond counsel and special counsel services include the preparation of all legislative approvals and legal documentation relating to the appropriate sale and delivery of the bonds, notes or other obligations. BB&K will also prepare Page 67 of 215 09896.00000\40910820.2 A-3 such closing certificates and legal opinions necessary for the delivery of the bonds. As disclosure counsel, we will prepare the disclosure documents for Client and conduct the necessary due diligence related to the transaction. Our fees will be determined based upon the type of financing and the expected involvement of the attorneys involved. We will provide Client with a detailed description of our services and our fees and reimbursable costs upon Client’s request. Notwithstanding the foregoing, in those cases where the fees are reimbursable by a third party, at BB&K’s option it may proceed on an hourly basis and utilize the Third Party Reimbursable Legal Services category provided for in this Amendment, including with respect to services rendered for the formation of, or annexation to, a CFD (of either Client or other local public agency), as well as the negotiation and preparation of funding agreements and joint financing agreements. Legal services related to Client’s compliance with its continuing disclosure covenants and provide such necessary advice on Client’s compliance shall be billed as Special Legal Services, above. 8. Agreement Regarding Rate Categories. If BB&K believes that a matter falls within the Special Legal Services, Third Party Reimbursable Legal Services, or Public Finance Legal Services rate categories, BB&K shall seek approval from the City Manager or his/her designee. The City Manager’s or his/her designee’s approval of such a request from BB&K shall not be unreasonably withheld. 9. Other Billing Personnel. Additional billing personnel may be employed in the provision of legal services by BB&K. If, as, and when BB&K employs additional or different billing personnel, BB&K shall do so with prior written approval from the City Manager. The titles of other billing personnel include, but are not limited to the following:  Government Affairs/Advocacy  Case Clerks  Administrative Assistants (for docketing and audit letter responses) 10. Annual Adjustments. The above rates, retainer amounts and individual rates are reviewed annually and may be increased from time to time with advanced written notice to the client Page 68 of 215 09896.00000\40910820.2 B-1 EXHIBIT B TO AGREEMENT FOR INTERIM CITY ATTORNEY LEGAL SERVICES BETWEEN CITY OF ARROYO GRANDE AND BEST BEST & KRIEGER LLP BB&K BILLING POLICIES Our century of experience has shown that the attorney-client relationship works best when there is mutual understanding about fees, expenses, billing and payment terms. Therefore, this statement is intended to explain our billing policies and procedures. Clients are encouraged to discuss with us any questions they have about these policies and procedures. Clients may direct specific questions about a bill to the attorney with whom the client works or to our Accounts Receivable Department (accounts.receivable@bbklaw.com). Any specific billing arrangements different from those set forth below will be confirmed in a separate written agreement between the client and the firm. INVOICE AND PAYMENT OPTIONS Best Best & Krieger strives to meet our clients’ needs in terms of providing a wide variety of invoice types, delivery and payment options. Please indicate those needs including the preferred method of invoice delivery (Invoice via Email; or USPS). In addition, accounts.receivable@bbklaw.com can provide a W-9 upon request and discuss various accepted payment methods. FEES FOR ELECTRONICALLY STORED INFORMATION (“ESI”) SUPPORT AND STORAGE BBK provides Electronically Stored Information (“ESI”) services for matters requiring ESI support – typically litigation or threatened litigation matters. BBK provides services for basic ESI processing and storage at the following rates per month based on the number of gigabytes of data (“GB”) processed and stored: 1GB -250GB: $10 per GB 251GB - 550GB: $8 per GB 551GB - 750GB: $6 per GB 751GB - 1TB: $4 per GB The amount BBK charges for basic processing and storage of ESI allows BBK to recover the costs of providing such services, plus a net profit for BBK. BBK believes that the rates it charges for processing and storage are lower than comparable services avai lable from third party vendors in the market. If you wish to contract separately with a third party vendor for processing and storage costs, please notify BBK in writing. [OPTIONAL BBK also provides advanced ESI processing services at hourly rates for personnel in its Litigation Support Group. A copy of BBK’s current rates for such services will be provided upon request.] BBK shall not incur costs for ESI support on a particular matter without first confirming by email or written Page 69 of 215 09896.00000\40910820.2 B-2 correspondence with the client that the client agrees such services are necessary for the matter at hand. FEES FOR PROFESSIONAL SERVICES Unless a flat fee is set forth in our engagement letter with a client, our fees for the legal work we will undertake will be based in substantial part on time spent by personnel in our office on that client’s behalf. In special circumstances which will be discussed with the client and agreed upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time or other special limitations imposed by the client. Hourly rates are set to reflect the skill and experience of the attorney or other legal personnel rendering services on the client’s behalf. All legal services are billed in one-tenth of an hour (0.10/hour) or six-minute increments. Our attorneys are currently billed at rates from $235 to $895 per hour, and our administrative assistants, research assistants, municipal analysts, litigation analysts, paralegals, paraprofessionals and law clerks are billed at rates from $175 to $300 per hour for new work. These rates reflect the ranges in both our public and our private rates. These hourly rates are reviewed annually to accommodate rising firm costs and to reflect changes in attorney status as lawyers attain new levels of legal experience. Any increases resulting from such reviews will be instituted automatically and will apply to each affected client, after advance notice. Non-Attorney Personnel: BBK may employ the services of non-attorney personnel under the supervision of a BBK attorney in order to perform services called for in the legal services agreement. The most common non-attorney personnel utilized are paralegals. Other types of non-attorney personnel include, but are not limited to, case clerks, litigation analysts, and specialty consultants. The client agrees that BBK may use such non-attorney personnel to perform its services when it is reasonably necessary in the judgment of the responsible BBK attorney. Hourly fees for non-attorney personnel will be charged at the rate then in effect for such personnel. A copy of BBK’s current rates and titles for non-attorney personnel will be provided upon request. FEES FOR OTHER SERVICES, COSTS AND EXPENSES We attempt to serve all our clients with the most effective support systems available. Therefore, in addition to fees for professional legal services, we also charge separately for some other services and expenses to the extent of their use by individual clients. These charges include but are not limited to, mileage at the current IRS approved rate per mile, extraordinary telephone and document delivery charges, copying charges, computerized research, court filing fees and other court-related expenditures including court reporter and transcription fees. No separate charge is made for secretarial or word processing services; those costs are included within the above hourly rates. We may need to advance costs and incur expenses on your behalf on an ongoing basis. These items are separate and apart from attorneys’ fees and, as they are out-of-pocket charges, we need to have sufficient funds on hand from you to pay them when due. We will advise the client from time to time when we expect items of significant cost to be incurred, and it is required that the client send us advances to cover those costs before they are due. Page 70 of 215 09896.00000\40910820.2 B-3 ADVANCE DEPOSIT TOWARD FEES AND COSTS Because new client matters involve both a substantial undertaking by our firm and the establishment of client credit with our accounting office, we require an advance payment from clients. The amount of this advance deposit is determined on a case-by-case basis discussed first with the client, and is specified in our engagement letter. Upon receipt, the advance deposit will be deposited into the firm’s client trust account. Our monthly billings will reflect such applications of the advance deposit to costs and not to attorney’s fees (unless otherwise noted in our accompanying engagement letter). At the end of engagement, we will apply any remaining balance first to costs and then to fees. We also reserve the right to require increases or renewals of these advanced deposits. By signing the initial engagement letter, each client is agreeing that trust account balances may be withdrawn and applied to costs as they are incurred and to our billings, when we issue our invoice to the client. If we succeed in resolving your matter before the amounts deposited are used, any balance will be promptly refunded. MONTHLY INVOICES AND PAYMENT Best Best & Krieger LLP provides our clients with monthly invoices for legal services performed and expenses incurred. Invoices are due and payable upon receipt. Each monthly invoice reflects both professional and other fees for services rendered through the end of the prior month, as well as expenses incurred on the client’s behalf that have been processed by the end of the prior month. Processing of some expenses is delayed until the next month and billed thereafter. Our fees are not contingent upon any aspect of the matter and are due upon receipt. All billings are due and payable within ten days of presentation unless the full amount is covered by the balance of an advance held in our trust account. It is our policy to treat every question about a bill promptly and fairly. It is also our policy that if a client does not pay an invoice within 60 days of mailing, we assume the client is, for whatever reason, refusing to pay. We reserve the right to terminate our engagement and withdraw as attorney of record whenever our invoices are not paid. If an invoice is 60 days late, however, we may advise the client by letter that the client must pay the invoice within 14 days or the firm will take appropriate steps to withdraw as attorney of record. If the delay is caused by a problem in the invoice, we must rely upon the client to raise that with us during the 14-day period. This same policy applies to fee arrangements which require the client to replenish fee deposits or make deposits for anticipated costs. From time to time clients have questions about the format of the bill or description of work performed. If you have any such questions, please ask them when you receive the bill so we may address them on a current basis. CHANGES IN FEE ARRANGEMENTS AND BUDGETS It may be necessary under certain circumstances for a client to increase the size of required advances for fees after the commencement of our engagement and depending upon the scope of the work. For example, prior to a protracted trial or hearing, the firm may require a further advance payment to the firm’s trust account sufficient to cover expected fees. Any such changes in fee arrangements will be discussed with the client and mutually agreed in writing. Page 71 of 215 09896.00000\40910820.2 B-4 Because of the uncertainties involved, any estimates of anticipated fees that we provide at the request of a client for budgeting purposes, or otherwise, can only be an approximation of potential fees. BEST BEST & KRIEGER LLP Page 72 of 215 REQUEST FOR PROPOSAL FOR CITY ATTORNEY SERVICES DEADLINE FOR PROPOSALS: February 6, 2023 ATTACHMENT 2 Page 73 of 215 City of Arroyo Grande RFP: City Attorney Services Page 1 Contents GENERAL INFORMATION..........................................................................................................................2 Schedule of Proposal activities (ALL TIMES PACIFIC)................................................................................2 DISCRETION AND LIABILITY WAIVER......................................................................................................3 OUTLINE OF SERVICES TO BE PROVIDED.............................................................................................4 FORMAT OF PROPOSAL............................................................................................................................5 EVALUATION OF PROPOSALS..................................................................................................................8 FINAL COMMENTS......................................................................................................................................8 ATTACHMENT A - SAMPLE CITY CONTRACT..........................................................................................9 Page 74 of 215 City of Arroyo Grande RFP: City Attorney Services Page 2 GENERAL INFORMATION The City of Arroyo Grande is located on California’s central coast,approximately half way between Los Angeles and San Francisco,and has a population of approximately 18,441.The City is a General Law city,operating under the City Council/City Manager form of government. Arroyo Grande is a full-service city,with police,streets,engineering,planning,building,parks, recreation,water,and sewer services.Fire services are provided through the Five Cities Fire Authority,a joint powers authority established between the City of Arroyo Grande,the City of Grover Beach, and the Oceano Community Services District. The City Attorney is appointed by and serves at the will and pleasure of the City Council.The City Manager,who is also appointed by the City Council,is responsible for the day-to-day operations, as well as establishing and maintaining effective operations. The City’s budget for FY 2022-23 is $48.3 million,of which $23.3 million represents the City’s General Fund.Actual expenditures for legal services,including special legal services,for FY 2020-21 was $250,625 and for FY 2021-22 was $262,145.The City’s FY 2022-23 Annual Budget includes an appropriation of $290,000 for legal services.The City is represented in water law and labor matters, as well as tort defense, by special counsel. The City of Arroyo Grande is requesting interested full-service law firms with experience advising and representing California municipalities to submit proposals to provide legal services to the City of Arroyo Grande.An individual from the firm will be designated as the City Attorney, with other firm attorneys to be available as appropriate.The firm must possess a broad knowledge of municipal law,including open meetings laws,contracts,planning and land use, real estate,revenue laws,the Public Records Act,and code enforcement.Familiarity with labor law,state and federal court practice,tort defense,workers’compensation,and water law is also expected, although the City retains the right to continue retaining specialized counsel. The City will select and negotiate with the qualified firm(s)whose competitive proposals are responsive to this RFP and are in the best interest of the City.Any competitive proposal submitted in response to this RFP must provide sufficient detail and information to complete an evaluation of its merits.The instructions contained herein must be followed in order for competitive proposals to be considered responsive to this RFP.The City reserves the right to reject any, or all proposals. Schedule of Proposal activities (ALL TIMES PACIFIC) Schedule Distribution of RFP January 3, 2023 Deadline for submission of questions to be addressed at the Pre-Proposal Zoom meeting January 20, 2023 Optional Pre-Proposal Zoom meeting January 23, 2023 1:00 pm Proposal submission February 6, 2023 5:00 pm Proposal review February 7 – February 17, 2023 Notification to all proposers By February 22, 2023 Oral presentations, as needed Week of February 27, 2023 Contract approval by City Council March 28, 2023 Services to commence By April 1, 2023 Page 75 of 215 City of Arroyo Grande RFP: City Attorney Services Page 3 The City has made every effort to include sufficient information within this Request for Proposal for a firm to prepare a responsive,comprehensive proposal.In order to achieve an equitable dissemination of information,a pre-proposal zoom meeting will be held to allow all interested firms/consultants to ask questions for the mutual benefit of all involved.The timing of the proposal process is subject to change,depending on the needs of the City,but is anticipated as follows: a)Distribution of Request for Proposals: January 3, 2023 b)Optional Pre-proposal Zoom meeting:City staff will meet collectively with firm/ representatives seeking additional information about the proposal process and the RFP.All firms interested in submitting a proposal are encouraged to attend the pre-proposal teleconference.The Zoom is scheduled for January 23,2023,beginning at 1:00 pm (PST). Zoom log in information can be obtained by contacting Aleah Bergam at abergam@arroyogrande.org no later than January 22, 2023.Additionally,any questions to be addressed at the zoom meeting should be submitted via email to Aleah Bergam at abergam@arroyogrande.org no later than January 20, 2023. c)Proposal Submission:Proposals must be clearly marked and delivered directly to the City Manager’s Office no later than 5:00 pm, February 6, 2023.Late submissions after the deadline will not be accepted.A total of one (1) hard copy and an electronic version of the identical proposal must be submitted and labeled as follows: City of Arroyo Grande Attention: Whitney McDonald, City Manager City Attorney Services RFP 300 East Branch Street Arroyo Grande, CA 93420 For the electronic submission, email Aleah Bergam at abergam@arroyogrande.org no later than February 1, 2023 to receive a Dropbox invitation for the electronic proposal upload. d)Proposal Review:A review committee will evaluate each proposal submitted.It is anticipated that the review process will be completed by February 17, 2023. e)Notification to all proposers:We anticipate sending written notification to all firms regarding the outcome of the review and contract award process by February 22, 2023. f)Oral Presentations,as needed:During the notification to all proposers,finalists will be notified to schedule an oral interview during the week of February 27-March 3,2023.Oral Interviews will take place either in person or via Zoom. g)Notification to finalists:All finalists will be notified of final decision by March 28,2023. Upon written request,we will provide a copy of the successful proposal once the contract is executed. DISCRETION AND LIABILITY WAIVER The City reserves the right to exercise discretion,and apply its judgment with respect to all proposals submitted. Page 76 of 215 City of Arroyo Grande RFP: City Attorney Services Page 4 The City reserves the right to reject all proposals,either in part or in its entirety,or to request and obtain,from one or more of the consulting firms submitting proposals,supplementary information as may be necessary for City staff to analyze the proposals. The consultant,by submitting a response to this RFP,waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP.Although,it is the City’s intent to choose only a small number of most qualified legal teams to interview with the City,the City reserves the right to choose any number of qualified finalists. This RFP does not commit the City to award a contract,to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. All proposals submitted in response to this RFP become the property of the City and public records and,as such,may be subject to public review.The City reserves the right to cancel,in part or in its entirety,this RFP including,but not limited to:selection procedures,submittal date, and submittal requirements.If the City cancels or revises the RFP,all interested firms will be notified using email. OUTLINE OF SERVICES TO BE PROVIDED Basic Services Basic services,for the purpose of this proposal,shall include those legal services generally understood within the field of municipal law to fall within the category of “general counsel”work, and shall include, but not necessarily limited to, the following: 1.Routine legal advice,telephone,and personal consultations with the City Council,City Manager, and department heads, or authorized representatives. 2.Assistance in the preparation and review of ordinances,resolutions,agreements,contracts, forms, notices, certificates, deeds, and other documents required by the City. 3.Attendance at all City Council regular and special meetings,study sessions,and closed sessions.Regular City Council meetings are held on the second and fourth Tuesday of each month,beginning at 6:00 p.m.and may be preceded by a closed session typically beginning at 5:00 p.m. 4.Serve as legal counsel to the Successor Agency and other such bodies as may be created and represented by or for the City Council,and which meet regularly or periodically or on an as-needed basis. 5.Attendance at Planning Commission regular meetings,special meetings,and study sessions,as needed.The Planning Commission meets the first and third Tuesday of each month, beginning at 6:00 p.m. 6.Attendance at all other board, commission, and committee meetings upon request. 7.Attendance at weekly executive staff meetings,and other meetings with City staff upon request. 8.Legal advice and opinions concerning legal matters that affect the City. 9.Guidance on City personnel matters, including employee disciplinary and grievance matters. 10.Legal work pertaining to property acquisitions,property disposals,public improvements, easement dedications, and right-of-way abandonments. 11.Legal advice and opinions concerning municipal revenue issues,including Proposition 218, Mitigation Fee Act, and general and special tax matters. 12.Enforcement of City codes,zoning regulations,and building standards through administrative and judicial actions. Page 77 of 215 City of Arroyo Grande RFP: City Attorney Services Page 5 13.Monitoring of pending and current state and federal legislation and court decisions,as appropriate. 14.Perform City prosecutor functions on the Arroyo Grande Municipal Code violations and code enforcement operations. 15.Coordination,monitoring,and reporting of outside legal counsel work,as needed,and as directed by the City Council and City Manager. 16.Provide established regular office hours at City Hall,preferably once a week for approximately three (3) hours. Special Services The law firm selected by the City will also be required to furnish special legal services on an “as- needed” basis when directed by the City Manager. The City retains the right to use the services of separate legal counsel for special services as it has historically, including water law and labor counsel. Special services may include,but are not limited to:research,preparation and follow-through on various matters including public financing,public contracts and construction,law enforcement, including Pitchess motions,and matters involving litigation affecting the City,such as California Environmental Quality Act litigation.This may also include collection of performance bonds on construction contracts and pursuing litigation to collect damages due to the City.Additionally, this may include litigation related to general liability and land use decisions. FORMAT OF PROPOSAL Transmittal Letter:The letter should provide a summary of the proposal,concisely describing the services provided. The letter should be addressed to Whitney McDonald. Firm Profile: Please respond to the following questions: 1)Please describe your firm’s qualifications for providing City legal services.Include in your Response: a)The overall capabilities,qualifications,training,and areas of expertise for each of the partners/principals and associates that may be assigned to work with the City,including but not limited to: i)Name of individual(s) with resumes; ii)Length of employment with firm; iii)Specialization; iv)Legal training; v)Scholastic honors and professional affiliations; vi)Date of admittance to California Bar; vii)Years of practice; viii)Municipal or other local public sector experience; ix)Knowledge of, and experience with California Municipal Law; x)Years and statement of other types of clientele represented; xi)Litigation experience and track record; xii)Knowledge and practice of law relating to land use and planning,California Environmental Quality Act (CEQA),National Environmental Protection Act (NEPA), general plans,real estate,environmental issues,hazardous waste,and other related law; xiii)Experience in the area of personnel,workers’compensation,general liability,and employee relations; xiv)Experience in the area of contracts and franchises; Page 78 of 215 City of Arroyo Grande RFP: City Attorney Services Page 6 xv)Experience in the area of municipal revenue generation,including Proposition 218, Mitigation Fee Act, and tax mechanisms; xvi)Experience in the preparation and review of ordinances and resolutions; xvii)Experience in the area of the Public Records Act,the Brown Act,Political Reform Act and the Elections Code; and xviii)If the firm,or any of the attorneys employed by the firm,have ever been successfully sued for malpractice,been the subject of complaints filed with the State Bar,or had discipline imposed by the State Bar,please provide information on the nature of the incident,the dates on which the matter began and was concluded,and the results of the situation. b)Specify the individual that you propose for appointment as City Attorney and reasons for recommendation. c)Specify the individual(s),if any,that you would propose as Assistant or Deputy City Attorney,and/or who would be designated as competent,substitute/backup legal representation for the City in the event of the absence or unavailability of the City Attorney. d)Describe how you would structure the working relationship between the City Attorney and the City Council, City Manager, Department Heads, and other members of staff. e)Specify intended office location and accessibility to the City’s needs,including proposal for hours and day(s) of week for regular established office hours at City Hall. f)Describe systems/mechanisms that would be established to ensure timeliness of response to City Council and City Staff. g)Define the standard time frames for response by the City Attorney to direction and/or inquiry from the City Council/City Manager. h)Describe systems/mechanisms that would be established for monthly reporting of status of projects, requests, and litigation. i)Describe the process for transmittal of requests and other material to City Attorney. j)Describe the staffing of your office.Include any changes you would propose,now or in the future, should you be awarded a contract to provide legal services to the City. k)Describe your preference for method of payment and your procedure for billing of work and expenses and any other accounting requirements. l)It is anticipated that the City will contractually require monthly-itemized statements for all services and will subject these statements to audit at least annually.Describe how you would provide for this reporting. m)Describe the computer resources currently utilized within your office.It will be a requirement that the City Attorney utilize Microsoft Word for word-processing for all documents. n)The City will require the firm with which a contract is established,prior to commencement of work,to provide evidence of appropriate professional liability insurance,errors and omissions insurance,and workers compensation insurance coverage as needed.Describe how you would provide same and in what coverage amounts.Such coverage must be provided by an insurance company(ies)authorized to do business in the State of California.Certificates must name the City as an Additional Insured and shall provide that contractor's policy is primary over any insurance carried by the City and that the policy will not be cancelled or materially changed without thirty (30)days prior notice in writing to the City.The successful firm must agree,if awarded a contract as a result of its proposal,to indemnify and hold harmless the City,its officers, agents,and employees from any and all claims and losses accruing or resulting to persons engaged in the work contemplated by its proposal,or to persons who may be injured or damaged by the firm,or its agents in the performance of the work.Prior to commencement of any work,these and other provisions will be established contractually. Page 79 of 215 City of Arroyo Grande RFP: City Attorney Services Page 7 2)Additionally,please describe your firm’s qualifications and individual(s),if any,which you would propose to provide the following special legal services: a)Code enforcement, including prosecution of Municipal Code citations; b)Labor and employment,including disability law rights and obligations,workers’ compensation, employee relations and negotiations and employee discrimination claims; c)Public financing; d)Public contracts and construction. 3)Specify the individual(s),if any,that you would propose as serving as a police liability/litigation specialist.This will include Pitchess motions.Please describe your range of experience in these matters. Current Practices/Conflict of Interest 1.Please list any political contributions of money,in-kind services,or loans made to any member of a City Council within the last three years by the applicant law firm and all of its attorneys (including the attorney being proposed to represent the City of Arroyo Grande). 2.Please list all public clients for which you or your firm currently provide services,or are under retainer. 3.Please list all public clients for which you or your firm previously provided services for over the last five years. 4.Please list all current or former clients residing in,having an interest in a business,or owning an interest in property within the City of Arroyo Grande within the past three years. 5.For the firm,and/or the proposed City Attorney,please specify current or known future professional commitments so the City may evaluate your continuing availability for providing legal services to the City. Additional Information:Describe any other information not previously mentioned that the consultant believes should be given consideration.This could include any additional tasks not included in the Required Services section above. References:Please provide three (3)professional and three (3)personal references for the individual recommended for appointment as the City Attorney.Include with each,the name, address, and work telephone number of the reference. Pricing:Provide a fee schedule for providing legal services within the scope of work as outlined in the proposal and beyond. The fee schedule should include the following: i.The proposed hourly rate for Basic Services,which,for the purpose of this proposal, shall include those legal services generally understood within the field of municipal law to fall within the category of “general counsel”work as described in the Basic Services section above. ii.The proposed hourly rates for Special Services,which,for the purpose of this proposal, shall include those legal services generally understood within the field of municipal law to fall within the category of special municipal services,also described above under the Special Services section. iii.Type and unit rates for reimbursement of expenses;for example,rate for mileage, reproduction of documents or word processing charges. Addenda The City may modify,clarify or interpret the Request for Proposals by sending an addendum to each Firm/Individual(s)that has been issued a proposal package.Any such addendum shall become a part of the package and of any contract awarded.The City is not responsible for any other explanation or interpretation. Page 80 of 215 City of Arroyo Grande RFP: City Attorney Services Page 8 EVALUATION OF PROPOSALS Proposals will be evaluated based on the following criteria: 1.Depth and breadth of experience and expertise in the practice of law, most specifically in those areas most often encountered in municipal government operations; 2.Capability to perform legal services promptly and in a manner that permits the City Council and staff to meet established deadlines and to operate in an effective and efficient manner; 3.Degree of availability for quick response to inquiries that arise out of day-to-day operating questions or problems; 4.Degree to which firm and individual attorneys stay current through continued professional development and active communication with practitioners in the municipal law field; 5.Communication skills; 6.Cost of services; and 7.Other qualifications/criteria as deemed appropriate by the City Council. Proposals will be screened and ranked by the City staff and/or City Council Subcommittee. During the evaluation process,the City reserves the right,where it may serve the City’s best interest,to request additional information or clarification from proposing firms,or to allow corrections of errors or omissions.References and qualifications of the top firms will be verified. The City Council will conduct interviews of the top candidates and make the final selection. The successful Proposer will be required to enter into a Consultant Services Agreement with the City of Arroyo Grande.Please provide a proposed form of agreement for the services.For reference,the City’s currently used Consultant Services Agreement (Attachment A)is included with this RFP.The contract will require that the law firm selected as City Attorney maintain general liability,automobile,workers’compensation and errors and omissions insurance.The contract will also contain provisions requiring the selected law firm to indemnify the City and providing that the City Attorney is an independent contractor serving at the will and pleasure of the City Council.Provisions will also be included in the contract allowing the City Council to terminate the agreement, at its sole and entire discretion, upon the provision of notice. FINAL COMMENTS The City reserves the right to reject any and all proposals,cancel all or part of this RFP,waive any minor irregularities and to request additional information from proposing firms.By requesting proposals,the City is in no way obligated to award a contract or pay expenses of the proposing consultant in connection with the preparation or submission of a proposal. The City’s decision to award a contract will be based many factors including but not limited to service,cost,experience,and quality.No single factor,such as cost,will determine the final decision to award. The City of Arroyo Grande appreciates the efforts all the consultants have put forth in responding to the Request for Proposal. Page 81 of 215 City of Arroyo Grande RFP: City Attorney Services Page 9 ATTACHMENT A - SAMPLE CITY CONTRACT AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT FOR CONSULTANT SERVICES (“Agreement”),is made and effective as of _________________2023,between ____________________ (“Consultant”),and the CITY OF ARROYO GRANDE,a Municipal Corporation (“City”). In consideration of the mutual covenants and conditions set forth herein,the parties agree as follows: 1.TERM This Agreement shall commence on ____________________,2023 and shall remain and continue in effect until ____________________________,2023,unless sooner terminated pursuant to the provisions of this Agreement. 2.SERVICES Consultant shall perform the tasks described and comply with all terms and provisions set forth in Exhibit “A”,attached hereto and incorporated herein by this reference. 3.PERFORMANCE Consultant shall at all times faithfully,competently and to the best of his/her ability,experience and talent,perform all tasks described herein.Consultant shall employ,at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4.AGREEMENT ADMINISTRATION City’s ____________________shall represent City in all matters pertaining to the administration of this Agreement.____________________shall represent Consultant in all matters pertaining to the administration of this Agreement. 5.PAYMENT The City agrees to pay the Consultant in accordance with the payment rates and terms set forth in Exhibit “B”, attached hereto and incorporated herein by this reference. 6.SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a)The City may at any time,for any reason,with or without cause,suspend or terminate this Agreement,or any portion hereof,by serving upon the Consultant at Page 82 of 215 City of Arroyo Grande RFP: City Attorney Services Page 10 least ten (10)days prior written notice.Upon receipt of said notice,the Consultant shall immediately cease all work under this Agreement,unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b)In the event this Agreement is terminated pursuant to this Section,the City shall pay to Consultant the actual value of the work performed up to the time of termination,provided that the work performed is of value to the City.Upon termination of the Agreement pursuant to this Section,the Consultant will submit an invoice to the City pursuant to Section 5. 7.TERMINATION ON OCCURRENCE OF STATED EVENTS This Agreement shall terminate automatically on the occurrence of any of the following events: (a)Bankruptcy or insolvency of any party; (b)Sale of Consultant’s business; or (c)Assignment of this Agreement by Consultant without the consent of City. (d)End of the Agreement term specified in Section 1. 8.DEFAULT OF CONSULTANT (a)The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default.In the event that Consultant is in default for cause under the terms of this Agreement,City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant.If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control,and without fault or negligence of the Consultant,it shall not be considered a default. (b)If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement,he/she shall cause to be served upon the Consultant a written notice of the default.The Consultant shall have ten (10)days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.In the event that the Consultant fails to cure its default within such period of time,the City shall have the right, notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9.LAWS TO BE OBSERVED. Consultant shall: (a)Procure all permits and licenses,pay all charges and fees,and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this Agreement; Page 83 of 215 City of Arroyo Grande RFP: City Attorney Services Page 11 (b)Keep itself fully informed of all existing and proposed federal,state and local laws,ordinances,regulations,orders,and decrees which may affect those engaged or employed under this Agreement,any materials used in Consultant’s performance under this Agreement,or the conduct of the services under this Agreement; (c)At all times observe and comply with,and cause all of its employees to observe and comply with all of said laws,ordinances,regulations,orders,and decrees mentioned above; (d)Immediately report to the City’s Contract Manager in writing any discrepancy or inconsistency it discovers in said laws,ordinances,regulations,orders, and decrees mentioned above in relation to any plans,drawings,specifications,or provisions of this Agreement. (e) The City,and its officers,agents and employees,shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 10.OWNERSHIP OF DOCUMENTS (a)Consultant shall maintain complete and accurate records with respect to sales,costs,expenses,receipts,and other such information required by City that relate to the performance of services under this Agreement.Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records;shall give City the right to examine and audit said books and records;shall permit City to make transcripts therefrom as necessary;and shall allow inspection of all work,data,documents,proceedings,and activities related to this Agreement.Such records,together with supporting documents,shall be maintained for a period of three (3) years after receipt of final payment. (b)Upon completion of,or in the event of termination or suspension of this Agreement,all original documents,designs,drawings,maps,models,computer files, surveys,notes,and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used,reused,or otherwise disposed of by the City without the permission of the Consultant.With respect to computer files,Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City,the necessary computer software and hardware for purposes of accessing,compiling, transferring, and printing computer files. 11.INDEMNIFICATION Page 84 of 215 City of Arroyo Grande RFP: City Attorney Services Page 12 (a)Indemnification for Professional Liability.When the law establishes a professional standard of care for Consultant’s Services,to the fullest extent permitted by law,Consultant shall indemnify,protect,defend and hold harmless City and any and all of its officials,employees and agents (“Indemnified Parties”)from and against any and all losses,liabilities,damages,costs and expenses,including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act,error or omission of Consultant,its officers,agents,employees or subContractors or any entity or individual that Consultant shall bear the legal liability thereof)in the performance of professional services under this agreement. (b)Indemnification for Other Than Professional Liability.Other than in the performance of professional services and to the full extent permitted by law,Consultant shall indemnify,defend and hold harmless City,and any and all of its employees, officials and agents from and against any liability (including liability for claims,suits, actions,arbitration proceedings,administrative proceedings,regulatory proceedings, losses,expenses or costs of any kind,whether actual,alleged or threatened,including attorneys fees and costs,court costs,interest,defense costs,and expert witness fees), where the same arise out of,are a consequence of,or are in any way attributable to,in whole or in part,the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable,including but not limited to officers, agents, employees or subContractors of Consultant. (c)General Indemnification Provisions.Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subContractor or any other person or entity involved by,for,with or on behalf of Consultant in the performance of this agreement.In the event Consultant fails to obtain such indemnity obligations from others as required here,Consultant agrees to be fully responsible according to the terms of this section.Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.This obligation to indemnify and defend City as set forth here is binding on the successors,assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 12.INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C”attached hereto and incorporated herein as though set forth in full. 13.INDEPENDENT CONSULTANT (a)Consultant is and shall at all times remain as to the City a wholly independent Consultant.The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control.Neither City nor any of its officers,employees,or agents shall have control over the conduct of Consultant or any of Consultant’s officers,employees,or agents,except Page 85 of 215 City of Arroyo Grande RFP: City Attorney Services Page 13 as set forth in this Agreement.Consultant shall not at any time or in any manner represent that it or any of its officers,employees,or agents are in any manner officers, employees,or agents of the City.Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. (b)No employee benefits shall be available to Consultant in connection with performance of this Agreement.Except for the fees paid to Consultant as provided in the Agreement,City shall not pay salaries,wages,or other compensation to Consultant for performing services hereunder for City.City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 14.UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award,terms or implementation of this Agreement,including any method of coercion,confidential financial arrangement,or financial inducement.No officer or employee of the City of Arroyo Grande will receive compensation,directly or indirectly,from Consultant,or from any officer,employee or agent of Consultant,in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 15.NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member,officer,or employee of City,or their designees or agents,and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter,shall have any interest,direct or indirect, in any agreement or sub-agreement,or the proceeds thereof,for work to be performed in connection with the project performed under this Agreement. 16.RELEASE OF INFORMATION/CONFLICTS OF INTEREST (a)All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.Consultant,its officers,employees,agents,or subContractors, shall not without written authorization from the City Manager or unless requested by the City Attorney,voluntarily provide declarations,letters of support,testimony at depositions,response to interrogatories,or other information concerning the work performed under this Agreement or relating to any project or property located within the City.Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. Page 86 of 215 City of Arroyo Grande RFP: City Attorney Services Page 14 (b)Consultant shall promptly notify City should Consultant,its officers, employees,agents,or subContractors be served with any summons,complaint, subpoena,notice of deposition,request for documents,interrogatories,request for admissions,or other discovery request,court order,or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City.City retains the right,but has no obligation,to represent Consultant and/or be present at any deposition,hearing,or similar proceeding.Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However,City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 17.NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i)personal service,(ii) delivery by a reputable document delivery service,such as but not limited to,Federal Express,which provides a receipt showing date and time of delivery,or (iii)mailing in the United States Mail,certified mail,postage prepaid,return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City:City of Arroyo Grande City Manager 300 E. Branch Street Arroyo Grande, CA 93420 To Consultant:_____________________________ _____________________________ _____________________________ _____________________________ 18. ASSIGNMENT The Consultant shall not assign the performance of this Agreement,nor any part thereof, without the prior written consent of the City. 19.GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights,obligations,duties,and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Arroyo Grande. Page 87 of 215 City of Arroyo Grande RFP: City Attorney Services Page 15 20.ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement.All prior or contemporaneous agreements,understandings,representations,and statements,or written,are merged into this Agreement and shall be of no further force or effect.Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 21.TIME City and Consultant agree that time is of the essence in this Agreement. 22.CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL Consultant is bound by the contents of the City’s Request for Proposal,Exhibit “D”,attached hereto and incorporated herein by this reference,and the contents of the proposal submitted by the Consultant,Exhibit “E”,attached hereto and incorporated herein by this reference.In the event of conflict,the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in the Consultant’s proposals. 23.CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto.The captions of the sections are for convenience and reference only,and are not intended to be construed to define or limit the provisions to which they relate. 24.AMENDMENTS Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement. 25.AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. Page 88 of 215 City of Arroyo Grande RFP: City Attorney Services Page 16 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ARROYO GRANDE CONSULTANT By:__________________________By:____________________________ Caren Ray Russom, Mayor Its:____________________________ Attest:(Title) _____________________________ Jessica Matson, City Clerk Approved As To Form: _____________________________ Timothy J. Carmel, City Attorney Page 89 of 215 City of Arroyo Grande RFP: City Attorney Services Page 17 EXHIBIT A SCOPE OF WORK Page 90 of 215 City of Arroyo Grande RFP: City Attorney Services Page 18 EXHIBIT B PAYMENT SCHEDULE Page 91 of 215 City of Arroyo Grande RFP: City Attorney Services Page 19 EXHIBIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work,Consultant will maintain insurance in conformance with the requirements set forth below.Consultant will use existing coverage to comply with these requirements.If that existing coverage does not meet the requirements set forth here,Consultant agrees to amend, supplement or endorse the existing coverage to do so.Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required.Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability”policy from CG 00 01 or the exact equivalent.Defense costs must be paid in addition to limits.There shall be no cross liability exclusion for claims or suits by one insured against another.Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto)or the exact equivalent.Limits are subject to review,but in no event to be less than $1,000,000 per accident.If Consultant owns no vehicles,this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.If Consultant or Consultant’s employees will use personal autos in any way on this project,Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary)if used to meet limit requirements,shall provide coverage at least as broad as specified for the underlying coverages.Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf”basis,with defense costs payable in addition to policy limits.Policy shall contain a provision obligating insurer at the time insured’s liability is determined,not requiring actual payment by the insured first.There shall be no cross liability exclusion precluding coverage for claims or suits by one Page 92 of 215 City of Arroyo Grande RFP: City Attorney Services Page 20 insured against another.Coverage shall be applicable to City for injury to employees of Consultant,subContractors or others involved in the Work.The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.Limits are subject to review but in no event less than $_____________per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts,errors or omissions of the Consultant and “Covered Professional Services”as designated in the policy must specifically include work performed under this agreement.The policy limit shall be no less than $1,000,000 per claim and in the aggregate.The policy must “pay on behalf of”the insured and must include a provision establishing the insurer’s duty to defend.The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M.Bests rating of A-or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1.Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City,its officials employees and agents,using standard ISO endorsement No.CG 2010 with an edition prior to 1992.Consultant also agrees to require all Consultants,and subContractors to do likewise. 2.No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant,or Consultant’s employees,or agents,from waiving the right of subrogation prior to a loss.Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds,and to require all Consultants and subContractors to do likewise. 3.All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4.None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Page 93 of 215 City of Arroyo Grande RFP: City Attorney Services Page 21 5.No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over”claims,including any exclusion for bodily injury to an employee of the insured or of any Consultant or subcontractor. 6.All coverage types and limits required are subject to approval,modification and additional requirements by the City,as the need arises.Consultant shall not make any reductions in scope of coverage (e.g.elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7.Proof of compliance with these insurance requirements,consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy,shall be delivered to City at or prior to the execution of this Agreement.In the event such proof of any insurance is not delivered as required,or in the event such insurance is canceled at any time and no replacement coverage is provided,City has the right,but not the duty,to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium.Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8.Certificate(s)are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage.Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation,or that any party will “endeavor”(as opposed to being required)to comply with the requirements of the certificate. 9.It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subContractor,is intended to apply first and on a primary,noncontributing basis in relation to any other insurance or self insurance available to City. 10.Consultant agrees to ensure that subContractors,and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant.Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.Consultant agrees that upon request,all agreements with subContractors and others engaged in the project will be submitted to City for review. 11.Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Consultant,subContractor,Architect,Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City.If Consultant’s existing coverage includes a deductible or self-insured retention,the deductible or self-insured retention must be declared to the City.At the time the City shall review options with the Page 94 of 215 City of Arroyo Grande RFP: City Attorney Services Page 22 Consultant,which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90)days advance written notice of such change.If such change results in substantial additional cost to the Consultant,the City will negotiate additional compensation proportional to the increase benefit to City. 13.For purposes of applying insurance coverage only,this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14.Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Consultant will renew the required coverage annually as long as City,or its employees or agents face an exposure from operations of any type pursuant to this agreement.This obligation applies whether or not the agreement is canceled or terminated for any reason.Termination of this obligation is not effective until City executes a written statement to that effect. 16.Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.Proof that such coverage has been ordered shall be submitted prior to expiration.A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable.A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers’compensation or similar act will not limit the obligations of Consultant under this agreement.Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City,its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage,limits or other requirements nor as a waiver of any coverage normally provided by any given policy.Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. Page 95 of 215 City of Arroyo Grande RFP: City Attorney Services Page 23 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City.It is not the intent of City to reimburse any third party for the cost of complying with these requirements.There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22.Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement.City assumes no obligation or liability by such notice,but has the right (but not the duty)to monitor the handling of any such claim or claims if they are likely to involve City. Page 96 of 215 1 Item 9.h. ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL January 10, 2023, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 East Branch Street, Arroyo Grande Council Members Present: Mayor Ray Russom, Mayor Pro Tem Barneich, Council Member George, Council Member Secrest, Council Member Guthrie Staff Present: City Clerk Jessica Matson, Assistant City Attorney David Hirsch, City Manager Whitney McDonald, Assistant City Manager/Public Works Director Bill Robeson, Community Development Director Brian Pedrotti, Planning Manager Andrew Perez, Building Official Mark Meyers, Administrative Services Director Nicole Valentine Due to ongoing COVID-19 concerns in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________ 1. CALL TO ORDER Mayor Ray Russom called the Regular City Council Meeting to order at TIME. 2. ROLL CALL City Clerk Matson took roll call. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Mayor Ray Russom led the flag salute. 5. AGENDA REVIEW 5.a Closed Session Announcements Page 97 of 215 2 Item 9.h. None. 5.b Ordinances read in title only Moved by Mayor Ray Russom Seconded by Mayor Pro Tem Barneich Move that all ordinances presented at the meeting shall be read by title only and all further readings be waived. AYES (5): Mayor Ray Russom, Mayor Pro Tem Barneich, Council Members George, Secrest, and Guthrie Passed (5 to 0) 6. SPECIAL PRESENTATIONS 6.a Update Regarding Countywide COVID-19 Efforts City Manager McDonald provided a brief update on COVID-19. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.b City Manager Communications City Manager McDonald provided information relating to the storm event and City efforts to provide emergency services, including recovery resources. Mayor Ray Russom invited public comment. No public comments were received. The Council expressed their gratitude for staff's efforts during the storm. No action was taken on this item. 7. CITY COUNCIL REPORTS None. 8. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. No public comments were received. 9. CONSENT AGENDA Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion. There were none. Mayor Ray Russom invited public comment. No public comments were received. Mayor Ray Russom acknowledged the supplemental information regarding item 9.b. Page 98 of 215 3 Item 9.h. Moved by Mayor Pro Tem Barneich Seconded by Council Member George Approve Consent Agenda Items 9.a. through 9.i., with the recommended courses of action. AYES (5): Mayor Pro Tem Barneich, Council Members George, Secrest, Guthrie, and Mayor Ray Russom Passed (5 to 0) 9.a Consideration of Cash Disbursement Ratification Ratified the listing of cash disbursements for the period of November 16 through December 15, 2022. 9.b Consideration of Statement of Investment Deposits Received and filed the report listing investment deposits of the City of Arroyo Grande as of November 30, 2022, as required by Government Code Section 53646(b). 9.c Approval of Minutes Approved the minutes of the Regular City Council Meeting of December 13, 2022, as submitted. 9.d Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote Teleconference Meetings of the Legislative Bodies Pursuant to Government Code Section 54953(e)(3) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE CORONAVIRUS (COVID-19) PANDEMIC AND AUTHORIZING THE CONTINUANCE OF REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF ARROYO GRANDE PURSUANT TO GOVERNMENT CODE SECTION 54953(e)". 9.e Consideration of Adoption of a Resolution Amending the Citywide Combined Salary Schedule Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE CITYWIDE COMBINED SALARY SCHEDULE". 9.f Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 1) Received and filed an update of the emergency generator replacement project at the FCFA Station 1; and 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING A NEED TO CONTINUE WORK UNDER EMERGENCY CONTRACTS FOR THE FCFA STATION 1 EMERGENCY GENERATOR REPLACEMENT PROJECT". Page 99 of 215 4 Item 9.h. 9.g Consider a Resolution Adopting the 2019 San Luis Obispo County IRWM Plan for the San Luis Obispo County Region and Finding that the IRWM Plan is Exempt from the Provisions of CEQA Pursuant to PRC Section 21150 and CEQA Guidelines Section 15262 Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE 2019 SAN LUIS OBISPO COUNTY INTEGRATED REGIONAL WATER MANAGEMENT PLAN". 9.h Consideration of a Temporary Construction Easement Agreement with 211 Properties, LLC for City-Owned Property for a Construction Material Staging Area, Grading and Access; 211 East Branch Street Approved the Temporary Construction Easement Agreement with 211 Properties LLC for the applicant’s proposed use of City-owned property for a construction material staging area, grading and access. 9.i Consider a Resolution Approving the Abandonment of an Existing Domestic Well and Installation of One Domestic Well on Property Zoned Public Facility & Finding that the Project is Categorically Exempt from CEQA, Pursuant to CEQA Guidelines Section 15303 Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE ABANDONMENT OF AN EXISTING DOMESTIC WELL AND APPROVING THE INSTALLATION OF ONE (1) NEW DOMESTIC SUPPLY WELL ON PROPERTY ZONED PUBLIC FACILITY AND FINDING THE PROJECT TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATED AT 959 VALLEY ROAD; APPLIED FOR BY STEVE BOSCH". 10. PUBLIC HEARINGS None. 11. OLD BUSINESS None. 12. NEW BUSINESS 12.a Consideration of Pre-Application 22-005 for the Construction of a 22 Room Hotel and Car Wash; Location – 727 El Camino Real; Applicant – Hamish Marshall; Representative – George Garcia Community Development Director Pedrotti introduced the item and the applicants. Planning Manager Perez presented the staff report and recommended that the Council review the proposed project and provide preliminary comments to the applicant. Staff responded to questions from Council. George Garcia, Garcia Architecture and Design, provided a conceptual plan for the project. Mr. Garcia and Hamish Marshall, applicant, responded to questions from Council. Page 100 of 215 5 Item 9.h. Mayor Ray Russom invited public comment. Speaking from the public was Terri Tardiff. No further public comments were received. Council discussion regarding the project ensued and Council provided feedback to the applicants regarding a desired change to the project design to include changing the car wash egress to El Camino Real. Council expressed additional items for the applicant to consider including the overall aesthetic of the project to reflect other businesses on Traffic Way; pursuing the electric vehicle charging station option; and exploring options for a demonstration garden with drought tolerant landscaping. No action was taken on this item. Mayor Ray Russom called for a brief break at 8:39 p.m. The Council reconvened at 8:45 p.m. 12.b Consider Adoption of Resolution and Introduction of Ordinance Regarding 2022 Building and Fire Codes and Other Codes as Listed Below; and Finding of Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines §15061(B)(3) Community Development Director Pedrotti introduced the item and Building Official Meyers responded to questions from Council. Mayor Ray Russom invited public comment. No public comments were received. Moved by Council Member George Seconded by Mayor Pro Tem Barneich 1) Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING FINDINGS SUPPORTING AMENDMENTS AND CHANGES TO THE 2022 CALIFORNIA FIRE CODE, 1997 UNIFORM ADMINISTRATIVE CODE, 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, AND THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5, 17958.7 and 18941.5"; 2) Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PROVISIONS IN TITLES 8 AND 15 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE ADOPTION BY REFERENCE OF THE 2022 CALIFORNIA FIRE CODE, 1997 UNIFORM ADMINISTRATIVE CODE, 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 2022 CALIFORNIA RESIDENTIAL CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; ADDING CHAPTER 15.06 REGARDING SWIMMING POOLS AND ADOPTING THE 2021 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE; ADDING CHAPTER 15.07 REGARDING SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS; ADDING CHAPTER 15.11 REGARDING ELECTRIC VEHICLE CHARGING STATIONS; AMENDING AND RENUMBERING ARROYO GRANDE MUNICIPAL CODE CHAPTER 15.08 AS CHAPTER 15.12, AND AMENDING AND RENUMBERING ARROYO GRANDE MUNICIPAL CODE CHAPTER 15.10 AS CHAPTER Page 101 of 215 6 Item 9.h. 15.13"; and 3) Schedule a Public Hearing for January 24, 2023, in accordance with the requirements of Government Code Section 50022.3, to consider adoption of the Ordinance. AYES (5): Council Member George, Mayor Pro Tem Barneich, Council Members Secrest, Guthrie, and Mayor Ray Russom, Passed (5 to 0) 13. COUNCIL COMMUNICATIONS Council Member Guthrie requested clarification on how residential use is determined in the Monthly Water Supply and Demand Update report. Council Member George mentioned that January is Human Trafficking Awareness Month. Mayor Ray Russom thanked Recreation Services staff and Director Bohlken for the Tree Lighting and Snow event at Elm Street Park. 14. CLOSED SESSION Assistant City Attorney Hirsch announced that the City Council will recess to a closed session for the following: a) PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1): Title: Interim City Attorney Any actions taken at the Closed Session will be reported at the next City Council meeting. 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned to Closed Session at 9:11 p.m. _________________________ Caren Ray Russom, Mayor ATTEST: _________________________ Jessica Matson, City Clerk Page 102 of 215 Item 9.i. MEMORANDUM TO: City Council FROM: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Consideration of Adoption of a Resolution Establishing an Electronic Signature Use Policy DATE: January 24, 2023 SUMMARY OF ACTION: Adoption of a Resolution establishing a policy for the use of electronic signatures for certain documents. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Utilizing digital signatures will create administrative efficiencies that may result in marginal cost savings over time. The costs of the software licenses required to implement this Policy have been included in the budget for this fiscal year. RECOMMENDATION: Adopt a Resolution establishing an Electronic Signature Use Policy for the City and authorizing the City Manager to amend the Policy and adopt additional guidelines as necessary to implement the Policy’s stated purpose. BACKGROUND: The City has been using traditional “wet” signatures for documents between the City and external parties. Many individuals, businesses, vendors, contractors, and agencies regularly use electronic signatures to conduct transactions. Neighboring cities such as the Cities of Morro Bay, Pismo Beach, and San Luis Obispo utilize electronic signatures for the execution of documents. Additionally, the use of electronic signatures has significantly increased as a result of the COVID-19 pandemic. Under California law, the use of electronic signa tures is at the option of the parties, including public agencies, involved in a transaction. The federal Electronic Signatures in Global and National Commerce Act permits, but does not require, parties to use electronic signatures. Two State laws govern the use of electronic signatures for public agencies. The Uniform Electronic Transactions Act (Civil Code section 1633.1 et seq.) governs “electronic signatures,” and Government Code Section 16.5 governs “digital signatures.” An “electronic signature” is “an electronic sound, symbol, or process, attached to or Page 103 of 215 Item 9.i. City Council Consideration of Adoption of a Resolution Establishing an Electronic Signature Use Policy January 24, 2023 Page 2 logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.” (Civ. Code §16.33.2(h).) A “digital signature” is an electronic identifier, created by a computer, intended by the party using it to have the same force and effect as the use of a manual signature. (Gov. Code, §16.5(d).) A digital signature is a subset of an electronic signature and is more secure and reliable than other forms of electronic signatures. Electronic signatures vary in their level of security, user - friendliness, and verifiability. The conditions under which they are accepted for public records are a governmental affair for the City to determine and for which the City may set policy. Policy Context U.S. Code – Chapter 96 – Electronic Signatures in Global and National Commerce – As stated in the Act, the General Intent of the ESIGN Act is: 1. a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and 2. a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. California Civil Code 1633.1 – 1633.17: The California Uniform Electronic Transactions Act (UETA) – The objective of UETA is to place electronic records and signatures on the same level as paper contracts and written signatures. It applies only to those transactions between parties or entities which have agreed to conduct their business transactions by electronic means. California Government Code 16.5 – Specifically allows public entities to utilize e- signatures and details acceptable attributes, as follows: a. In any written communication with a public entity, as defined in Section 811.2, in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature that complies with the requirements of this section. If a public entity elects to use a digital signature, that digital signature shall have the same force and effect as the use of a manual signature if and only if it embodies all of the following attributes: i. It is unique to the person using it. ii. It is capable of verification. iii. It is under the sole control of the person using it. iv. It is linked to data in such a manner that if the data are change d, the digital signature is invalidated. v. It conforms to regulations adopted by the Secretary of State. Initial regulations shall be adopted no later than January 1, 1997. In developing these regulations, the secretary shall seek the advice of public and pr ivate entities, including, but not limited to, the Department of Information Page 104 of 215 Item 9.i. City Council Consideration of Adoption of a Resolution Establishing an Electronic Signature Use Policy January 24, 2023 Page 3 Technology, the California Environmental Protection Agency, and the Department of General Services. Before the secretary adopts the regulations, he or she shall hold at least one public hearing to receive comments. b. The use or acceptance of a digital signature shall be at the option of the parties. Nothing in this section shall require a public entity to use or permit the use of a digital signature. c. Digital signatures employed pursuant to Section 71066 of the Public Resources Code are exempted from this section. d. “Digital signature” means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code. e. Nothing in this section shall limit the right of a public entity or government agency to use and accept an “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code. f. Regulations adopted by the Secretary of State to implement this section apply only to a public entity’ s use of a “digital signature” and not to use of any other ty pe of “electronic signature” authorized in the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code). It should be noted that some specific types of documents may still require hand-written (wet) signatures, or in person witnessing such as is currently the case with notarizations. Therefore, each type of document authorized to use e -signatures should be vetted by the City Attorney, City Manager, City Clerk, or other City expert on the related document codes. ANALYSIS OF ISSUES: The City is seeking additional methods to streamline its document signing process with external partners to improve productivity and save resources. Using appropriate electronic signature technology would allow the City to collect and preserve signatures on documents quickly, securely, and efficiently, and also reduce use of paper, facilitate document retention, and generally contribute to a sound City-wide records management system. The Federal Electronic Signatures in Global and National Commerce Act (ESIGN) of 2000 established the equivalency of e-signatures and hand-written signatures for legally binding documents. The UETA authorizes the use of an electronic signature for transactions and contracts among parties in California, including a government agency. Further, the State Legislature passed AB 2296 in 2016 to clarify that a digital signature may also be used to satisfy the requirements of an electronic signature under the UETA. Page 105 of 215 Item 9.i. City Council Consideration of Adoption of a Resolution Establishing an Electronic Signature Use Policy January 24, 2023 Page 4 Electronic and digital signatures have been used widely in the private sector, such as in real estate and mortgage transactions. Notably, they are also used by the court system where they allow for electronic filings of documents, including briefs. The mainstream acceptance of signing documents electronically in place of manual, hand-written “wet” signatures has led to increased convenience and efficiencies, decreased time and cost associated with transmitting, approving and retaining physical documents, as well as creation of an audit trail of the modification, editing, and final signing of documents. The environment is also benefitted by the widespread adoption of e-signatures with less raw source tree and water use in paper creation, a resultant lessoning of CO2 production from that process as well as transportation of raw materials and paper distribution, and finally end- of-lifecycle paper waste reduction. The City seeks to provide its residents, businesses, vendors, and contractors the opportunity to submit information or transact business with the City electronically to the greatest extent practicable. City staff has increasingly been asked to execute contracts electronically under the provisions of the Uniform Electronic Transaction Act (UETA). A policy from the City Council authorizing electronic signatures will facilitate the City doing so. The Electronic Signature Use Policy (Policy) establishes guidelines for the use and acceptance of electronic signatures in lieu of hand-written signatures, when permitted by law, and establishes when an electronic signature may replace a hand-written signature. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution establishing an Electronic Signature Use Policy; 2. Modify and adopt the Resolution establishing an Electronic Signature Use Policy ; or 3. Provide other direction to staff. ADVANTAGES: Utilizing electronic signatures will create administrative efficiencies that may result in marginal cost savings over time. DISADVANTAGES: No disadvantages are identified at this time. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Page 106 of 215 Item 9.i. City Council Consideration of Adoption of a Resolution Establishing an Electronic Signature Use Policy January 24, 2023 Page 5 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. Proposed Resolution Page 107 of 215 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING AN ELECTRONIC SIGNATURE USE POLICY FOR SELECT CITY DOCUMENTS WHEREAS, electronic signatures have become increasingly common in public and private transactions, particularly during the COVID-19 pandemic, when much public and private business has been conducted remotely; and WHEREAS, under California law, the use of electronic signatures is at the option of the parties, including public agencies, involved in a transaction; and WHEREAS, the Uniform Electronic Transactions Act ("UETA" codified at Civ. Code § 1633.1 et seq.) generally governs the use of "electronic signatures" by parties to a transaction, and Government Code section 16.5 governs the specific use of "digital signatures" (a type of electronic signature) by and in transactions with public entities; and WHEREAS, a digital signature is a digital code that uniquely identifies and authenticates the sender (and is subject to State regulations on approved technologies), and an electronic signature is broadly defined to include a typed name concluding an email, a digital image of a handwritten signature, and the click of an "I accept" button on an e- commerce site; and WHEREAS, using appropriate electronic signature technology allows the City to collect and preserve signatures on documents quickly, securely, and efficiently, and also reduce use of paper, facilitate document retention, and generally contribute to a sound City-wide records management system; and WHEREAS, electronic signatures vary in their level of security, user-friendliness, and verifiability, the conditions under which they are accepted for public records are a governmental affair for the City to determine and for which the City may set policy; and WHEREAS, City staff has increasingly been asked to execute contracts electronically under the provisions of the UETA; and WHEREAS, the City seeks to provide its residents, businesses, vendors, and contractors the opportunity to submit information or transact business with the City electronically to the greatest extent practicable. Page 108 of 215 RESOLUTION NO. PAGE 2 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The foregoing recitals set forth herein are true and correct. 2. The City Council hereby adopts the Policy for Electronic Signature Use (Policy), attached hereto as Exhibit A and incorporated herein by this reference. The City Manager or their designee, in consultation with the City Attorney, may subsequently amend the Policy and adopt additional guidelines, as necessary to implement the Policy's stated purpose. 3. This Resolution will become effective immediately upon adoption. 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 24th day of January, 2023. Page 109 of 215 RESOLUTION NO. PAGE 3 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: WHITNEY MCDONALD, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Page 110 of 215 RESOLUTION NO. PAGE 4 EXHIBIT A ELECTRONIC SIGNATURE USE POLICY POLICY: The City of Arroyo Grande (“City”) seeks in this Electronic Signature Use Policy (“Policy”) to implement guidelines for the use and acceptance of electronic signatures used to conduct official business in the City. This Policy allows the use of electronic signature in lieu of manual signatures, when permitted by law, and establishes when an electronic signature may replace a manual signature. California has adopted statutes regulating the use of electronic signatures including California Civil Code section 1633.1 et seq., otherwise known as the “Uniform Electronic Transactions Act” (“UETA”) and California Government Code section 16.5. This Policy and the guidelines and procedures included hereunder are intended to comply entirely with all applicable laws and regulations including, without limitation, the aforementioned statutes. To the extent any procedure, policy, or guideline contained herein conflicts with applicable law, City staff, officials, and agents and all other persons subject to this Policy are required and expected to comply with the requirements of the applicable law(s). The City finds that: A. The use of electronic signature technology will allow the City to collect and preserve signatures on documents quickly, securely, and efficiently. B. The conditions under which the City will accept electronic signatures on City records or documents are a municipal affair for the City to determine and for which the City may set policy. C. The City has a vital interest in reducing the waste of paper, increasing the efficient use of public resources, and ensuring the security and authenticity of electronic records, including electronic signatures. D. This Policy seeks to mitigate the risks associated with conducting trans actions, transmitting information, and maintaining public records that use electronic signatures. DEFINITIONS: A. “Approved List of Digital Signature Certification Authorities” means the list of Certification Authorities approved by the California Secretary of State to issue certification for digital signature transactions involving public entities in California. B. “Certification Authority” means a person or entity that issues certification for a digital signature transaction. Page 111 of 215 RESOLUTION NO. PAGE 5 C. “Digital signature” means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. A digital signature is a type of “electronic signature. D. “Electronic” means relating to technology having electrica l, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. E. “Electronic record” means an official public record or file, resolution, ordinance or other public document created, generated, sent, communicated, received, or stored by electronic means. An electronic record generally contains information or a data file that was created and stored in digitized form through the use of computers, machines, and software applications. F. “Electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. For purposes of this Policy, a digital signature is a type of electronic signature. G. “External document” means any document generated by or required to be signed by persons other than the City. Examples of external documents include contracts to which the City is a party that must be signed by a non-City party or applications completed by the members of the public and submitted to the City. H. “Internal document” means any document created by the City and for use exclusively by the City in which a signature is required or used. I. “Manual signature” means an original wet signature is applied to a document. J. “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. IMPLEMENTATION: A. Compliance with Law, Policy. To the extent permitted by law and this Policy, the City accepts electronic signatures as legally binding. B. Use Optional. The use or acceptance of electronic signatures shall be at the option of the non-City signatories. Nothing in this Policy shall require the City to use or permit the use of electronic signatures. C. Consent. All parties that wish to use electronic signatures shall agree to follow this Policy, shall provide written or electronic consent as to the use of electron ic signatures, and shall agree to indemnify the City against any liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission. D. Signature Use. The City Manager or designee may require the use of manual, electronic, or digital signatures at his or her discretion. E. Internal City Business a. The City requires various internal documents be approved by an employee, supervisor, department head, or other City staff and approvals for internal documents may be signified by electronic means as a replacement for a manual signature. b. Internal documents that create or impose a legal or fiduciary duty may require a digital signature, as determined by the City Manager, or designee. Page 112 of 215 RESOLUTION NO. PAGE 6 c. The use of electronic records, electronic signatures, and digital signatures by the City for internal City business and internal documents shall be in accordance with administrative procedures as designated and amended from time to time by the City Manager or designee (see Exhibit A). F. External Documents and Transactions a. If an electronic signature is used for an external document involving a transaction with the City which creates or imposes a legal duty, the City Manager may require a digital signature. b. Design professionals, such as architects and engineers, wishing to use an electronic seal and signature may do so as allowed by State Business and Professions Code. Non-design professionals may sign plans via use of any valid electronic signature technology that complies with the requirements of this Policy including, but not limited to, a digital signature. c. For any City business involving a non-City party, including without limitation external documents, the use and acceptance of electronic records, electronic signatures, and digital signature by the City shall be in accordance with administrative procedures as designated and amended from time to time by the City Manager or designee (see Exhibit A). G. Documents for which Electronic Signatures are Prohibited a. Civil Code section 1633.3 contains a list of transactions for which electronic signatures are unavailable. b. Signatures that must be made in the presence of a notary public. c. Unless otherwise allowed documents that are recorded with the County of San Luis Obispo. H. Valid Electronic Signatures. When a signature is required, the parties may agree that an electronic signature satisfies the requirement if: a. The signature is in accordance with the requirements of the UETA, b. The signature is created using an electronic signature technology th at has been approved by the City Manager, or designee, in accordance with the provisions of this Policy, and c. The signature is in accordance with any and all other applicable laws and regulations. I. Valid Digital Signatures. Digital signatures used in compliance with this Policy shall have the same force and effect as the use of a manual signature provided that the digital signature has all of the following attributes: a. It is unique to the person using it; b. It is capable of verification; c. It is under the sole control of the person using it; d. It is linked to data in such a manner that if the data is changed, the digital signature is invalidated; and e. It conforms to the regulations adopted by the California Secretary of State including, but not limited to, the acceptable technology requirements set forth under the California Code of Regulations, title 2, section 22003. Page 113 of 215 RESOLUTION NO. PAGE 7 f. The Certification Authority issuing the certification for the digital signature transaction must appear on the “Approved List of Digital Signature Certification Authorities” authorized by the California Secretary of State. g. Prior to accepting a digital signature, City staff shall ensure that the level of security used to identify the signer of a document is sufficient for the transaction being conducted, that the level of security used to transmit the signature is sufficient for the transaction being conducted, and that the certificate format used by the signer is sufficient for the security and interoperability needs of the City. J. Minimum Standards. These are minimum standards. Any transaction must be analyzed under the facts and circumstances existing at the time a transaction has been executed. Depending upon the circumstances, the City may require a higher level of signature verification (i.e., out-of-state signatory). Nothing in this Policy prohibits a City official or employee, with the consent from the City Manager, from requiring a wet signature or higher form of secure electronic signature if he or she believes it is prudent or necessary. K. Acceptable Electronic Signature Technologies. The City Manager or designee shall identify the level of security procedures required for particular documents. The City Manager or designee shall also identify vendors and technology to execute those security procedures using industry best standards. L. Further Acts. Nothing in this Policy shall prevent the City Manager or designee, from adopting additional guidelines or taking further actions to implement this Policy or to add other permissible forms of electronic signatures to this Policy. Any person that makes inappropriate, illegal, or fraudulent use of electronic signatures, digital signatures, or electronic records in violation of this Policy or of any applicable law or regulation is subject to sanctions up to and including dismissal, suspension, and criminal prosecution as specified in published City policies, and state and federal law, regardless of whether such sanctions are directly referenced in this Policy. All inappropriate, illegal, or fraudulent uses of any electronic means of transmission shall be prosecuted to the fullest extent permitted by law, including the recovery of attorneys’ fees and administrative costs. Whitney McDonald City Manager Page 114 of 215 RESOLUTION NO. PAGE 8 CITY OF ARROYO GRANDE Exhibit “A” Administrative Procedures for Acceptance of External Documents and/or Transactions with Electronic Signatures I. PURPOSE The purpose of these procedures is to document and implement the acceptance of external documents and/or transactions with electronic signatures in compliance with the City’s Electronic Signature Use Policy. II. CLASSES OF DOCUMENTS PERMITTED BY THE CITY MANAGER FOR ELECTRONIC SIGNATURE The security requirements for electronic signatures range from simple to the more complex, depending upon the level of transaction. The following are the classes of documents permitted for electronic signature. It is not intended to be an exhaustive list, nor does it impose electronic signature as a requirement for any particular transaction. A. Contracts and Amendments B. Grant Documents C. Applications D. Personnel Documents E. Invoices and Purchase Orders F. Certificates and Permits, as allowed by law G. Correspondence Page 115 of 215 Item 9.j. MEMORANDUM TO: City Council FROM: Jessica Matson, Legislative & Information Services Director/City Clerk BY: Sarah Lansburgh, Deputy City Clerk/Communications Coordinator SUBJECT: Consideration of Council Appointments to Various City Commissions, Boards, and Committees DATE: January 24, 2023 SUMMARY OF ACTION: Approval of appointments to the various City Commissions, Boards, and Committees as recommended by the Council. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no fiscal impact and minimal staff impact associated with preparing the staff report for this action. RECOMMENDATION: Approve the appointments to the various City Commissions, Boards, and Committees, as set forth in the attached lists. BACKGROUND: Pursuant to Council policy, the Mayor and each Council Member shall recommend one representative to each respective Commission/Board/Committee, subject to approval by a majority of the Council. With the exception of filling unscheduled vacancies, this process occurs every two years following an election. Members of each respective Commission/Board/Committee shall serve for a term ending the January 31 st following the expiration of the term of the respective appointing Mayor or Council Member. All Commission, Board, and Committee members serve at the discretion of the Council. In October 2022, City Council adopted an updated City Council Handbook which included the addition of the Community Service Grant Program (CSGP) Committee. This Committee consists of five members recommended by individual Council Members and is appointed by the full City Council. The term of the appointment coincides with the term of the appointing Council Member. Page 116 of 215 Item 9.j. City Council Consideration of Council Appointments to Various City Commissions, Boards, and Committees January 24, 2023 Page 2 The current list of City Commissions, Boards, and Committees, collectively referred to as Advisory Bodies, is as follows:  Architectural Review Committee (ARC)  Community Service Grant Program Committee (CSGC)  Downtown Parking Advisory Board (DPAB)  Planning Commission  Tourism Business Improvement District Advisory Board (TBID) (Individual Council Members do not recommend appointment of TBID Board Members) ANALYSIS OF ISSUES: After each election year, the City Council makes appointments and/or reappointments to the various Commissions, Boards, and Committees. On January 31, 2023, there will be several City Commission, Committee, and Board Members whose terms will be expiring. Additionally, Council Members need to appoint members to the CSGP Committee, added to the City’s Advisory Body list in October 2022. Traditionally, the Mayor and Council Members are responsible for reviewing active applications on file, seeking new applicants, or reappointing current members to serve another term, as appropriate. Mayor Ray Russom and Council Members Guthrie and Secrest have reviewed applications for individuals interested in serving on the various Commissions, Boards, and Committees, and are recommending the appointment or reappointment of the individuals listed in Attachment 1. As of the date of this report, the ARC, CSGC, and DPAB will have vacancies until review and consideration of Advisory Body applications has been completed and a recommendation is made at a future City Council meeting. Those vacancies are shown in Attachment 1. Additionally, Mayor Pro Tem Barneich is recommending appointment of Bruce Berlin to the Planning Commission due to the vacancy created by Council Member Guthrie’s election to the City Council. Council Member Guthrie was Mayor Pro Tem Barneich’s prior appointee to the Planning Commission. Bruce Berlin is currently Council Member George’s appointee to the Architectural Review Committee (ARC). Appointment of Bruce Berlin to the Planning Commission will create a vacancy on the ARC. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve the recommended appointments and/or reappointments set forth in Attachment 1; 2. Modify and approve appointments and/or reappointments to the various Commissions, Committees, and Boards; 3. Do not approve the recommended appointments and/or reappointments; or 4. Provide other direction to staff. Page 117 of 215 Item 9.j. City Council Consideration of Council Appointments to Various City Commissions, Boards, and Committees January 24, 2023 Page 3 ADVANTAGES: These appointments will provide City representation on the various City Commissions, Boards, and Committees. The proposed appointments are consistent with past practice. DISADVANTAGES: No disadvantages are identified as long as the appointments reflect the des ired representation by the City Council on these Commissions, Boards, and Committees. ENVIRONMENTAL REVIEW: No environmental review is required for this item. 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. Recommended Appointments 2. Advisory Body Applications Page 118 of 215 COUNCIL MEMBER ARCHITECTURAL REVIEW COMMITTEE COMMUNITY SERVICE GRANT COMMITTEE DOWNTOWN PARKING ADVISORY BOARD PLANNING COMMISSION Mayor Ray Russom Lori Mainini Hall Laura Beth Amy Jamie Maraviglia Mayor Pro Tem Barneich Bruce Berlin Council Member George Catherine Sackrison District 1 Council Member Guthrie CJ Horstman Jared Worthen Kevin Buchanan District 4 Council Member Secrest Mary Beth Starzel Virginia Roof ATTACHMENT 1 Anthony Luis CITY COUNCIL B OARD, COMMISSION, C OMMITTEE RECOMMENDED APPOINTEES N/A Already Filled N/A Already Filled Already Filled (Vacancy will Occur if Bruce Berlin is Appointed to PC) N/A Already Filled N/A Already Filled VACANT VACANT VACANT VACANT Page 119 of 215 MAYOR RAY RUSSOM APPOINTMENTS Recommended Appointee •PLANNING COMMISSION ___JAMIE MARAVIGLIA__ •ARCHITECTURAL REVIEW ___ LORI MAININI HALL__ COMMITTEE •DOWNTOWN PARKING ___LAURA BETH AMY___ ADVISORY BOARD •COMMUNITY SERVICE ____ ANTHONY LUIS____ GRANT COMMITTEE Page 120 of 215 MAYOR PRO TEM BARNEICH APPOINTMENTS Recommended Appointee • PLANNING COMMISSION ____BRUCE BERLIN_____ • COMMUNITY SERVICE ____- PENDING -________ GRANT COMMITTEE Page 121 of 215 COUNCIL MEMBER GEORGE APPOINTMENTS Recommended Appointee • COMMUNITY SERVICE _CATHERINE SACKRISON_ GRANT COMMITTEE Page 122 of 215 COUNCIL MEMBER GUTHRIE APPOINTMENTS Recommended Appointee •PLANNING COMMISSION ___KEVIN BUCHANAN___ •ARCHITECTURAL REVIEW ___CJ HORSTMAN______ COMMITTEE •DOWNTOWN PARKING ___- PENDING -_________ ADVISORY BOARD •COMMUNITY SERVICE ___JARED WORTHEN____ GRANT COMMITTEE Page 123 of 215 COUNCIL MEMBER SECREST APPOINTMENTS Recommended Appointee •PLANNING COMMISSION __VIRGINIA ROOF______ •ARCHITECTURAL REVIEW __- PENDING -_________ COMMITTEE •DOWNTOWN PARKING __- PENDING -_________ ADVISORY BOARD •COMMUNITY SERVICE _MARY BETH STARZEL_ GRANT COMMITTEE Page 124 of 215 CITY OF ARROYO GRANDE "List of Citizens to Serve" , 300 East Branch Street Arroyo Grande, CA 93420 RECENED - DEC,1:2 ?G?.2 C\11' Of fl..RRO'iO GRANDE Application to Board, Committee, or Commission PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMITTEE/COMMISSION FOR WHICH YOU WOULD LIKE TO APPLY (You may make more than one selection): _LPlanning Commission _Tourism Business Improvement District Advisory Board _Downtown Parking Advisory Board _Architectural Review Committee _Special committees/subcommittees ************************************************************************************ Date of Application 12. f 2. / 2 2.. Name \V\a("avig\iP\ Tamil- LastV First Home Address Home or Cell Phone Business Phone..__---£-_________ _ E-mail address (Optional) ' Do you reside within the City limits of Arroyo Grande? Yes X No ___ _ Are you a registered voter? Yes Y, No. ___ _ Occupation comrrrnni Ca:\:iOY!~ $n::et1Uf cl: Employer ur. f:tr:Ke\t~ Education (Include professional or vocational licenses or certificates) f,,A, Eog JjSh-Ca/ fl)!J Community involvement (List organization memberships and committee assignments>-----,--------=-- ev rwc p1anai~ ~111n,11;.siona:7 :fumie:i:::: j«K6 <tree comm;s;;r Un. e.f 1 boam ffil,Y.UV.1l-Cl~l L-lni:(,r} (Please attach additional pages if necessary) Rev 01/19/2022 ATTACHMENT 2 Page 125 of 215 7 {PLEASE COMPLETE THE REVERSE SIDE OF THIS FORM) What do you see as the objectives and goals of the advisory board, committee or commission for which you areapplying? I \Nau.\rA \ove to Sf.t Ynoa oppamrn:bt-~ j]) \X7>V\lte afff>rbiab)L . b~~~~zrt=ai':t ~~ rfift;;'Y('.4~~= ~~~,M Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE. Name: Ash I tQ f'Xl,1 ✓ Address:, _________ Phone: Name: wen ?AJ Address: Phone -~Name: J//nm'j ~ ll<ld~i:eos= P~,;,ne: ' Current meeting schedules are indicated below: Planning Commission, l st and 3 rd Tuesday of each month, 6:00 p.m. Downtown Parking Advisory Board, meets as needed Architectural Review Committee, l st Monday at 2:30 p.m. and 3rd Monday at 2:30 p.m. each month Tourism Business Improvement District (TBID) Advisory Board, last Monday of the month at 3:30 p.m. in January, February, April, June, August, and October Are you willing to commit to the time necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes_L_ No __ I hereby declare that the foregoing information is true and complete to the best of my knowledge and belief. ure Date· Notice to Applicants: 1. Applicants appointed by the City Council are required to take an Oath of Office. 2. State law and the City's Conflict of Interest Code requires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office (e.g. sources of income, loans, gifts, investments, interests in real property within the City). 3. This application is a matter of public record and portions thereof are subject to disclosure pursuant to the california Public Records Act. 4. Applications will remain active and on file for one (1) year. -·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·· Please return completed Application to: CITY CLERK'S OFFICE 300 East Branch Street Arroyo Grande CA 93420 Rev O l /19/ 2022 Page 126 of 215 CITY OF ARROYO GRANDE RECEIVED DEC Oi 2022 "List of Citizens to Serve" 300 East Branch Street Arroyo Grande, CA 93420 CITY OF ARROYO GRANDE Application to Board, Committee, or Commission PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMITTEE/COMMISSION FOR WHICH YOU WOULD UKE TO APPLY (You may make more than one selection): _Planning Commission _Tourism Business Improvement District Advisory Board _Downtown Parking Advisory Board ~Architectural Review Committee _Special committees/ subcommittees ************************************************************************************ Date of Apt±ation Name Cl\( Last 11. 30-~Z..~ ) L-<, r1 First Home Address _ _.D=---c---------------- Home or Cell Phone Business Phone ..... { ->----~-+/_A:._._ _____ _ E-mail address (Optional) Do you reside within the City limits of Arroyo Grande? Yes ')c No ___ _ Are you a registered voter? Yes )<. No.____ · ·-.,_ /~ ' J e_J Occupation Reh Cd S.a[ 0,5 l,vw1a jf--C -1-' ~ p-e-c.1-J ~~i~"or.J: "J;;: Employer .~ A \ ~ pJ-010,r~ Education (InclJc;e professional or vocational licenses or certificates>--.----......... -------- Sa::_ !1t j 5 t)b;500 J¼h sdoo/1 ~eu,,r f!_lfeJ?JY M-6enq3u.s. rCfr: PnCt'.r_ M.s. A-J w,l\J + M ~±::5-· Community involvement (List organization memberships and committee assignments) ______ _ . o frb-Ae.e- Pl · · · · • at quali · r-h c.roJ S" (Please attach additional pages if necessary) ( { b \) e_ q C( ( d.,tl\ :) · ..J-I a I\ di SCMD ts Rev 01/19/2022 · U Page 127 of 215 (PLEASE COMPLETE THE REVERSE SIDE OF THIS FORM) What do you see as the objectives and goals of the advisory board, committee or commission for which you are applying? ( · • · • eJ .-. . ... , n ~; j' (~ /)-re tnM" Go/«s +-/lfnU~ p vtvl-appn1pnm. Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE USTING THEM AS A REFERENCE. l H·1t cyotJ 1 Name: kn' s-hO Ju~ Addn!ss: /trro yo G lcll\ck.. one: Name: [?()MQ. 6e4V\ Address: ~: Name: Cft nU) ~ 1 ~~SSilllia\-ess, /l:m, ¥ 0 r;.<~ Phone: Current meeting schedules are indicated below: Planning Commission, 1st and 3rd Tuesday of each month, 6:00 p.m. Downtown Parking Advisory Board, meets as needed Architectural Review Committee, 1st Monday at 2:30 p.m. and 3rd Monday at 2:30 p.m. each month Tourism Business Improvement District (TBID) Advisory Board, last Monday of the month at 3:30 p.m. in January, February, April, June, August, and October Are you willing to commit to tye nea,ssary to fulfill the obligations of an appolntmenlc to a Board, Committee or Commission? Yes No __ declare that the foregoing information is true and complete to the best of my knowledge and Notice to Applicants: 1. Applicants appointed by the City Council are required to take an Oath of Office. 2. State law and the City's Conflict of Interest Code requires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office (e.g. sources of income, loans, gifts, investments, interests in real property within the City). 3. This application is a matter of public record and portions thereof are subject to disclosure pursuant to the california Public Records Act. 4. Applications will remain active and on file for one (1) year. Please return completed Application to: CITY CLERK'S OFFICE 300 East Branch Street Arroyo Grande CA 93420 Rev 01/19/2022 Page 128 of 215 CITY OF ARROYO GRANDE "List of Citizens to,serve" 300 East Branch Street Arroyo Grande, CA 93420 I RECEIVED JAN is 2023 CITY OF ARROYO GRANDE Application to Board, Committee, or Commission PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMITTEE/COMMISSION FOR WHICH YOU WOULD LIKE TO APPLY (You may make more than one selection): , _Planning Commission Tourism Business Improvement District Advisory Board , X:Downtown Par~ing Advisory Board _Architectural Review Committee _Community Service Grant Committee _Special committees/ subcommittees ************************************************************************************ Date of Application \ / \ S / :Z-01.-?, • r Name A:YY\~ · st UA\A@~-tv'\ First Home Address /\:rrb'(\IQ wt\~ Home or Cell Phone Business Phone..__........_ _________ _ E-mail address (Optional) Do you reside within the City limits of Arroyo Grande? Yes )<i No ___ _ Are you a registered voter? Yes · 'I: No. ___ _ Occupation D wf\er-( ffi(it lo.OJ ~er:: Employer .\-:hA \f\/\C\ N'\o/L \3(f¼\J ~ Education (Include professional or vocational licenses or certificates). ____________ _ assacJa:k:s: D&f .ee- Please describe any background, training, education or interests that qualify you as an appointee,...-___ • -~~ ~~ ~rmer 5(.,0~1~\Vo~ C i ~ =<c;=, 5\ P Cnv £ 3Lj~) (Please attach additional pages if necessary) Rev 12/14/2022 Page 129 of 215 (PLEASE COMPLETE THE REVERSE SIDE OF THIS FORM) What do you see as the objectives and goals of the advisory board, committee or commission for which you are applying? . __.__.," ~-----~ JC VYl·m Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDMDUALS BEFORE LISTING THEM AS A REFERENCE. Name: \M \ nd~ Cai ( fYlerl~dress:- Name: No.~&idress: : Name: ~ . ddress: ' Current meeting schedules are indicated below: Planning Commission, 1st and 3rd Tuesday of each month, 6:00 p.m. Downtown Parking Advisory Bpard, meets as needed Phone: ________ _ Architectural Review Committee, 1 st Monday at 2:30 p.m. and 3rd Monday at 2:30 p.m. each month Tourism Business Improvement District (TBID) Advisory Board, last Monday of the month at 3:30 p.m. in January, February, April, June, August, and October Community Service Grant Program Committee, typically once per year in the fall/winter Are you willing to commit to the time necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes+, No __ _ I hereby declare that the foregoing information is true and complete to the best of my knowledge and ' f IS f 2 '?;, , I Date Notice to Applicants: 1. Applicants appointed by the City Council are required to take an Oath of Office. 2. State law and the City's Conflict of Interest Code r~quires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office (e.g. sources of income, loans, gifts, investments, interests in real property within the City). 3. This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California Public Records Act. 4. Applications will remain active and on file for one (1) year. -·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·· Please return completed Application to: CITY CLERK'S OFFICE 300 East Branch Street Arroyo Grande CA 93420 Rev 12/14/2022 Page 130 of 215 CITY OF ARROYO GRAN DE "List of Citizens to Serve" 300 East Branch Street Arroyo Grande, CA 93420 Application to Board, Committee, or Commission PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMITTEE/COMMISSION FOR WHICH YOU WOULD UKE TO APPLY (You may make more than one selection): X Plannlng Commission _Tourism Business Improvement District Advisory Board _Downtown Parking Advisory Board X Architectural Review Committee :Xspecial committees/subcommittees ************************************************************************************ Date of Application,_1_0I_1_s_I2_0_22 ____ _ Name Luis Last Anthony First Home Address Arroyo Grande, CA Home or Cell Phone C ) Business Phone ..._-J. ___________ _ E-mail address (Optional) ___________ _ Do you reside within the City limits of Arroyo Grande? Yes __ x ___ No ___ _ Are you a registered voter? Yes x No ___ _ Occupation Appraisal Division Manager (Property Tax Assessment) Employer Santa Barbara County Assessor's Office Education (lndude professional or vocational licenses or certificates) _____________ _ BA Psychology, Columbia College of Missouri Advanced Certified Property Tax Appraiser (CA Board of Equalization) Community involvement (List organization memberships and committee assignments) _______ _ Paulding Middle School Site Council, Chairperson Associate Member South County Chambers of Commerce Please describe any background, training, education or interests that qualify you as an appointee See Attached ... ---- ( Plea6B attach additional pages if necessary') Rev 01 /I 9/2022 Page 131 of 215 CPLEASE COMPLETE THE REVERSE SIDE OF THIS FORM) What do you see as the objectives and goals of the advisory board, committee or commission for which you I • 1 PC · To adv ise the City Council and Community Development Department on implementing the are app ymg .:....::.:.·...:..::~:..:.=:.:..::.:.:...:.:.:!...;;.:.:.::.:.:.::..:.:..:.:...:..::.:.;.:.:.:.~~--...:....--__:.---------- General Plan with the goal of effectively planning for the future growth and development of the City. ARC : advise/assist the City in the application of architectural standards for proposed projects with the goal of maintaining/improving the City's physical environment and aesthetic character. Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM IN DMDUALS BEFORE LISTIN G THEM AS A REFEREN CE. Name: Paulette Mccann Name: Gwen Melton Name: Matt Hayes Address: Address: Address: Current meeting schedules are Indicated below: Planning Commission, 1st and 3rd Tuesday of each month, 6:00 p.m. Downtown Parking Advisory Board, meets as needed Phone: Phone: Phone: Architectural Review Committee, 1st Monday at 2:30 p.m. and 3 rd Monday at 2:30 p.m. each month Tourism Business Improvement District (TBID) Advisory Board, last Monday of the month at 3 :30 p.m. in January, February, April, June, August, and October Are you willing to commit to the time necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes_x__ No __ reby declare that the oing information is true and complete to the best of my knowledge and JI/ Io /z o z-z._ Date Notice to Applicants: 1. Applicants appointed by the City Council are required to take an Oath of Office. 2. State law and the City's Conflict of Interest Code requires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office (e.g. sources of income, loans, gifts, investments, interests in real property within the City). 3 . This application is a matter of public record and portions thereof are subject to disdosure pursuant to the california Public Records Act . 4 . Applications will remain active and on file for one (1) year. -· -. --' --·-. -· -·-·-. -. -· -·-. -. -. -. -·-·-·-· -· -·-·-. -·-. -·-. -·-. -·-. -·-. -· -. -·-. -. -. -·-·-·-· -. -·-· -·-. -· - Please return completed Application to: CITY CLERK'S OFFICE 300 East Branch Street Arroyo Grande CA 93420 Rev 01/19/2022 Page 132 of 215 Attachment to Advisory Commission Application Anthony Luis Please describe any background, training, education or interests that qualify you as an appointee I am interested in serving my community by volunteering for the Planning Commission, Architectural Review Committee, or special committee/subcommittee . I am a fifth-generation SLO County resident and have lived in and around Arroyo Grande for nearly my whole life, currently raising a family with school-aged children. I was fortunate to move back in 2013 and build a home here after five years away -going through the Planning Commission and the Architectural Review Committee in the process. Professionally, I am an Advanced Certified Property Tax Appraiser with experience appraising buildings of various architectural styles as well as experience reviewing land use and development codes. I have worked for the Santa Barbara County Assessor's Office since 2007, currently as an Appraisal Division Manager. Before that, I worked in Arroyo Grande for my mother, a real estate agent, for six years. I enjoy the quality of life in Arroyo Grande and hope to lend my hand to help that continue. I believe that my personal and professional experience gives me a unique perspective that would be a valuable asset to the City. Page 133 of 215 RECEIVED CITY Of .. ARROYO GRANDE "List of Citizens to Serve" 300 East Branch Street Arroyo Grande, CA 93420 NOV 0,2 202Z Cl~~ ~~RK'S OFFICE ROYOGRANoe Application to Board, Committee, or Commission PLEASE PLACE A CHECK MARK NEXT TO .THE BOARD/COMMilTEE/COMMISSION FOR WHICH YOU WOULD UKE TO APPLY (You may make.more thal'.1 ~ne selection): •.· , . · • .. ~Planning Commission _Tourism Business Improvement District Advisory Board _, ._Downtown Parking Advisory Board · .-'-:~~•·· · __ ·. _Architectural Review Committee _Special committees/subcommittees •,' • } t **************************.********************************************************** I • , • • ., , , . • , ·,, . • ,· " 11/1/2022 Date of Application. ________ _ Name Berlin ·· Bruce . .......,.....,,..-.:--....,,.........,.-.......,.----,--,-~--------------------------'• · .. · Last · First Arroyo Grande, CA .93420 Home Address __________________________ _ ·. :· · . · '· ·. · 1 , · Same·:' ~ome or Cell ~hone .. ( . 7 . . . . . . . , . . . . . B11sine,ss Phone..,{_..,,. __ __,.------------ E-mail address (Optional) Do you reside within-the City' limits of Arroyo Grande? Yes __ x_. ---'-.No._...;_;._..;...__..;..,_ Are yoli ~ ~gisterect'voter? Yes X : No. ___ _ Occupation Native Plant Ecologist Employer., . , CaliFlora Reso!Jrces. LLC Eclucation (Ind~de professional or vocationai licen!ies orcertifi~tes) _____ ,--_______ _ BS Cal Poly SLO-Environmental· Horticulture Community involvement (List organization memberships and committee assignments) _______ _ 6 year Member City of Arroyo Grande Architectural Review Committee ,nm Gythrie Community Grant Paaet Commjttee-Previous panel member City of AG Traffic Way Bridge Committee-Current member Please describe any background, training, education or interests that qualify you as an appointee._·---'--- 30 Year SLO County Resident; 23 years residing in Arroyo Grande·: . , .... • . 6 Year Architectural Review Committee-Vice Chair for past year-able to discuss, deliberate, opine Environmental issues such as groundwater pollution / erosion & sediment control / Habitat Restoration Interested io helping formulate a practjcal and visiooacv General Piao for Arroyo Grande (Please attach additional pages if necessary) Rev 01/19/2022 Page 134 of 215 J (PLEASE COMPLETE THE REVERSE SIDE OF THIS FORM) What do you see as the objectives and goals of the advisory board, committee or commission for which you areapplylng?_..,....---~-=---.----~--.-,--,..-...--.-....--"?'"--.-....-...-----....-------.....-....----.---=-------,.---Planmng comm1ss1on 1s key to helping formulate plans, ordinances, guidelines and overview for growth and change in our City. Traffic, infrastructure, parking, building, business, utilities, open space, and lllany otbec tacets all need to be considei:ed as we grow and cbange into tbe t 1ft ,re Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDMDUALS BEFORE USTING THEM AS A REFERENCE. Warren Hoag On File w City Name: Address: _____________ .Phone: __ o_n_Fi_le_w_c_ny __ Name: Keith Storton Address: On File w City Phone: On File w City -------------· Name: --Jimmy Paulding Address: On File w City -On FilewCity __________ ....,_ __ P.hone: _______ _ Current meeting schedules are indicated below: Planning Commission, l st and 3•d Tuesday of each month, 6:00 p.m. Downtown Parking Advisory Board, meets as needed Architectural Review Committee, 1st Monday at 2:30 p.m. and 3rd Monday at 2:30 p.m. each month Tourism Business Improvement District (TBID) Advisory Board, last Monday of the month at 3:30 p.m. in January, February, April, June, August, and October Are you willing to commit to the time necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes X No __ I hereby declare that the foreg · ing infonnation is true and complete to the best of my knowledge and belief. Date Notice to Applicants: 1. Applicants appointed by the City Council are required to take an Oath of Office. 2. State law and the City's Conflict of Interest Code requires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office (e.g. sources of income, loans, gifts, investments, interests in real property within the City). 3. This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California Public Records Act. 4. Applications will remain active and on file for one (1) year. (V01f< -■-----·-------·-·-·-·-·-·-·-·-·-·-·-·-·-·-·---·-·-·-·-·-----·-·-·-·---·-·-·-·-·-·---·-·-·-·-·-·-·-·---·-·-·-·-·-·-·-·---·-·-·-·-·- Please return completed Application to: cnv CLERK'S OFFICE 300 East Branch Street Arroyo Grande CA 93420 Rev 01/19/2022 (J( ·wr5 J:: Wt?lll-0 (7 /vvN :({2/JIV\ Page 135 of 215 CITY OF ARROYO GRANDE "List of Citizens to Serve" 300 East Branch Street . Arroyo Grande, CA 93420 RECEIVED OCT 1 9··2022 Cl~~~~~~~ 9FFICe OGRANOE Application to Board, Committee, or Commission I PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMITTEE/COMMISSION FOR WHICH YOU WOULD LIKE TO APPLY (You may make more than one selection}: / Planning Commission _ Tourism Business Improvement District Advisory B.oard _Downtown Parking Advisory Board _Architectural Review Committee _special committees/ subcommittees ************************************************************************************ Date of A'll?lication .:oltJ/.:2-J--, Name V ttcjq?tr txl_~ dJ.:J1.e,,c11~ Last \ First Home Address >' ~ Cmrnde.-, CA Cfi1@ Home or Cell Phone Business Phone ________ ..,_._ ________ _ E-mail address (Optional) Do you reside within the City limits of Arroyo Grande? Yes 1./ No ___ _ Are yo1.,1 a registered voter? Yes v::" No ___ _ Occupation ~f-r(, 01 D l,n ,tr-taL - I~ i cJ -v1,,, '/ • Employer K./44 t,I,, J' ·fnYl& JU ec:a:~ A. 1 In e. -. . . . Education (Include professional or vocatio~al licenses or certificates) {L C.Ll}: • B.ffJCit4 '4fff /8.J} > Lr20= &m:6'.(d. ll tr: Catcb-. ( tit et~ Community involvement·(List organization memberships and committee assignments) ______ _ Io r11 l Ln <✓ t' ti-1()4 lD ,.J nee·. llU OJ /J.t;C of: c2-Jc./1.0 e I Pm /P711-: /iod£L.a . , j 7 " . I 2 1 . • ' · . / " [/ ,f)"U t, ' • ~ . ~ • ¥ -• • I Rev 0'1 /19/2022 Page 136 of 215 .J ' (PLEASE COMPLETE THE REVERSE SIDE OF THIS FORM) What dCJ you see as the objectives and goals of the advisory board, committee or commission for which you are applyirig? . bLL..,, Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE, 1 Nam~:! t1 Q 6e lfty-L Name:,Atzlf. fa,_c/<ri.rm Name: [if /lt/1J' 01 J Address: ' Address: Addr~ss: Current meeting schedules are indicated below: Planning Commission, l st and 3rd Tuesday of each month, 6:00 p.m. Downtown Parking Advisory Board, meets as needed Architectural Review Committee, l st Monday at 2:30 p.m. ·and 3rd Monday at 2:30 p.m. each month Tourism Business Improvement District (TBID) Advisory Board, last Monday of the month at 3:30 p.m. in . January, February, April, June, August, and October Are you willing to commit to the ti~. necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes--"'J/ __ · No ..... __ · I hereby declare that the foregoing information is true and complete to the best of my knowledge and ber f. 1vb1!~ ·' I Date Notice to Applicants: 1. Applicants appointed by the City Council are required to take an Oath of Office. · 2. Stqte law and the City's Conflict of Interest Code requires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office (e.g. sources of income, loans, gifts, investments, interests in• real property within the City). 3. This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California Public Records Act. 4. Applications will remain active and on file for o·ne (1) year. Please return completed Application to: ; CITY CLERK'S OFFICE 300 East Branch Street Arroyo Grande CA 93420 Rev 01/19/2022 Page 137 of 215 Rev 01/19/2022 CITY OF ARROYO GRANDE “List of Citizens to Serve” 300 East Branch Street Arroyo Grande, CA 93420 Application to Board, Committee, or Commission PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMITTEE/COMMISSION FOR WHICH YOU WOULD LIKE TO APPLY (You may make more than one selection): ___Planning Commission ___Architectural Review Committee ___Tourism Business Improvement District Advisory Board ___Special committees/subcommittees ___Downtown Parking Advisory Board ************************************************************************************ Date of Application Name Last First Home Address Home or Cell Phone ___Business Phone ( ) E-mail address (Optional)______________________________ Do you reside within the City limits of Arroyo Grande? Yes No Are you a registered voter? Yes No Occupation Employer Education (Include professional or vocational licenses or certificates) Community involvement (List organization memberships and committee assignments) ____ _ Please describe any background, training, education or interests that qualify you as an appointee (Please attach additional pages if necessary) 12/5/2022 Buchanan Kevin X X Software Developer 8th Light Consulting BS, Finance, Santa Clara University Arroyo Grande Planning Commission Arroyo Grande Valley Little Leage 5 Cities AYSO X Arroyo Grande Planning Commission, 2021-2022 Interest and research in city planning, urbanism, housing and transit. Frequent bike commuter in Arroyo Grande and Five Cities area. SLOCOG Regional Transportation Plan Steering Committee member Page 138 of 215 Rev 01/19/2022 (PLEASE COMPLETE THE REVERSE SIDE OF THIS FORM) What do you see as the objectives and goals of the advisory board, committee or commission for which you are applying? Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE. Name:_____________________Address:___________________Phone:________ Name:_____________________Address:__________________Phone:_________ Name:_____________________Address:____________________Phone:_______ Current meeting schedules are indicated below: Planning Commission, 1st and 3rd Tuesday of each month, 6:00 p.m. Downtown Parking Advisory Board, meets as needed Architectural Review Committee, 1st Monday at 2:30 p.m. and 3rd Monday at 2:30 p.m. each month Tourism Business Improvement District (TBID) Advisory Board, last Monday of the month at 3:30 p.m. in January, February, April, June, August, and October Are you willing to commit to the time necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes __ No _____ I hereby declare that the foregoing information is true and complete to the best of my knowledge and belief. Applicant Signature Date Notice to Applicants: 1. Applicants appointed by the City Council are required to take an Oath of Office. 2. State law and the City’s Conflict of Interest Code requires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office (e.g. sources of income, loans, gifts, investments, interests in real property within the City). 3. This application is a matter of public record and portions thereof are subject to disclosure p ursuant to the California Public Records Act. 4. Applications will remain active and on file for one (1) year. Please return completed Application to: CITY CLERK’S OFFICE 300 East Branch Street Arroyo Grande CA 93420 X 12/5/2022 Taylor Phillips Ryan Yeo Paul Yrigollen Planning commission should advise city council on planning decisions involving new policy and programs as well as specific projects. These recommendations should aim to meet needs of the city and residents such as sufficient housing, economic growth, budget revenue, safe and efficient transportation, and general quality of life. Page 139 of 215 Rev 01/19/2022 CITY OF ARROYO GRANDE “List of Citizens to Serve” 300 East Branch Street Arroyo Grande, CA 93420 Application to Board, Committee, or Commission PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMITTEE/COMMISSION FOR WHICH YOU WOULD LIKE TO APPLY (You may make more than one selection): ___Planning Commission ___Architectural Review Committee ___Tourism Business Improvement District Advisory Board ___Special committees/subcommittees ___Downtown Parking Advisory Board ************************************************************************************ Date of Application Name Last First Home Address Home or Cell Phone ___Business Phon E-mail address (Optional)_____________________________ Do you reside within the City limits of Arroyo Grande? Yes No Are you a registered voter? Yes No Occupation Employer Education (Include professional or vocational licenses or certificates) Community involvement (List organization memberships and committee assignments) ____ _ Please describe any background, training, education or interests that qualify you as an appointee (Please attach additional pages if necessary) 12/2/22 HORSTMAN C.J. ARCHITECT MW ARCHITECTS BACHELORS IN ARCHITECTURE (CAL POLY 2013) MINOR IN ENVIORNMENTAL DESIGN I'VE BEEN WORKING AS AN ARCHITECT IN OUR COMMUNITY FOR THE LAST 8 YEARS. DURING THIS TIME I HELP NAVIGATE PROJECTS THOUGH THE ENTITLEMENT PROCESS HAVING TO BALANCE INPUT FROM PROPERTY OWNERS, DEVELOPERS AND THE PUBLIC WHILE UPHOLDING THE VALUES OF THE COMMUNITY REPRESENTED THOUGH ORDINANCES. Page 140 of 215 Rev 01/19/2022 (PLEASE COMPLETE THE REVERSE SIDE OF THIS FORM) What do you see as the objectives and goals of the advisory board, committee or commission for which you are applying? Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE. Name:_____________________Address:_Phone:_______ Name:_____________________Address:___Phone:______ Name:_____________________Address:_______________Phone:__________________ Current meeting schedules are indicated below: Planning Commission, 1st and 3rd Tuesday of each month, 6:00 p.m. Downtown Parking Advisory Board, meets as needed Architectural Review Committee, 1st Monday at 2:30 p.m. and 3rd Monday at 2:30 p.m. each month Tourism Business Improvement District (TBID) Advisory Board, last Monday of the month at 3:30 p.m. in January, February, April, June, August, and October Are you willing to commit to the time necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes __ No _____ I hereby declare that the foregoing information is true and complete to the best of my knowledge and belief. Applicant Signature Date Notice to Applicants: 1. Applicants appointed by the City Council are required to take an Oath of Office. 2. State law and the City’s Conflict of Interest Code requires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office (e.g. sources of income, loans, gifts, investments, interests in real property within the City). 3. This application is a matter of public record and portions thereof are subject to disclosure p ursuant to the California Public Records Act. 4. Applications will remain active and on file for one (1) year. Please return completed Application to: CITY CLERK’S OFFICE 300 East Branch Street Arroyo Grande CA 93420 MIKE PEACHEY ) JEFF MARTIN ) FRANK SCHIRO I HOPE TO PROVIDE DEVELOPERS AND PROPERTY OWNERS VALUABLE DESIGN INPUT THAT HELPS SHAPE THEIR PROJECTS TO COMPLEMENT AND ENHANCE THE TURN-OF-THE-CENTURY ARCHITECTURE THAT CONTRIBUTES TO THE RICHNESS OF ARROYO GRANDE'S CHARACTER. I WANT TO DO THIS WITH STREAMLINED AND PERCISE FEEDBACK (BASED ON DESIGN GUIDLINES) THAT HELPS MOVE PROJECTS FORWARD ALONG THE APPROVAL PROCESS, WORKING WITHIN THE VISION AND OBJECTIVES OF THE CITY AS A WHOLE. 1/5/23 Page 141 of 215 CITY OF ARROYO GRANDE "List of Citizens to Serve" 300 East Branch Street Arroyo Grande, CA 93420 RECEIVED DEC 2-2 2DZZ c,i~ ~~~~·s OFFICE YO GRANDE Application to Board, Committee, or Commission PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMITTEE/COMMISSION FOR WHICH YOU WOULD UKE TO APPLY {You may make more than one selection): ✓ Planning Commission ✓ Tourism Business Improvement District Advisory Board __ Downtown Parking Advisory Board ~Architectural Review Committee __ Community Service Grant Committee ~Special committees/subcommittees ************************************************************************************ Date of Application_1_2_I2_2I_2_02_2 _____ _ Name __ ---"W.......,.o~ct-h=e~□'------------J_a_r_ed ____________________ _ Last First Home Address Arroyo Grande CA 93420 Home or Cell Phone _._ _______ Business Phone _____________ _ E-mail address (Optional) Do you reside within the City limits of Arroyo Grande? Yes __ ✓ ___ .No ____ _ Are you a registered voter? Yes ✓ No ____ _ Occupation Sr. Program Manager Employer ServiceTitan Education (Include professional or vocational licenses or certificates) ______________ _ University of Washington -Masters in Business Administion -Entreprenuership & Finance Western Washington University -BA Business Management -Minor: Manufacturing Engineering Community involvement (List organization memberships and committee assignments) ________ _ I volunteer for some of the elderly in my neighborhood, helping them with yardwork or other tasks. I am involved with my church locally. My wife was born and raised here then left for college. We moved back during the pandemic and I am looking to get more involved as I am able and find organizations that are a good fit. Please describe any background, training, education or interests that qualify you as an appointee ___ _ Professionally, I have successfully managed large scale projects with a variety of stakeholders and shouldered budgetary and limeline responsibilities. My MBA's emphasis was in entrepreneurship and finance, which are two of my professional interests. In my personal life, my wife and I have 2 young children and spent the last couple years remodeling our home In AG. We love getting to be a part of this community. As a younger father who wants to raise my children here, I want to take a more active role in contributing to our local community and supporting its growth into the future. ( Please attach additional pages if necessary) Rev 12/14/2022 Page 142 of 215 {PLEASE COMPLETE THE REVERSE SIDE OF THIS FORM) What do you see as the objectives and goals of the advisory board, committee or commission for which you are applying? I see two major responsibilities for members of the Advisory Boards & Committees: be a voice tor AG residents & be a partner for city employees and city council. The goal for all of these boards should be to lead AG into the future in a responsible way -while helping maitiiain our values and character. Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE. Name: Ken Craig Name: Angie Mello Name: Augie Rosales Address: Address: Address: Current meeting schedules are indicated below: Planning Commission, l st and 3 rd Tuesday of each month, 6:00 p.m. Downtown Parking Advisory Board, meets as needed Phone: Phone: Phone: Architectural Review Committee, l st Monday at 2:30 p.m. and 3rd Monday at 2:30 p.m. each month Tourism Business Improvement District (TBID) Advisory Board, last Monday of the month at 3:30 p.m. in January, February, April, June, August, and October Community Service Grant Program Committee, typically once per year in the fall/winter Are you willing to commit to the time necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes ✓ No --- I hereby declare that the foregoing information is true and complete to the best of my knowledge and belief. 12/22/22 re Date Notice to Applicants: 1. Applicants appointed by the City Council are required to take an Oath of Office. 2. State law and the City's Conflict of Interest Code requires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office (e.g. sources of income, loans, gifts, investments, interests in real property within the City). 3. This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California Public Records Act. 4. Applications will remain active and on file for one (1) year. Please return completed Application to: CITY CLERK'S OFFICE 300 East Branch Street Arroyo Grande CA 93420 Rev l 2/14/2022 Page 143 of 215 CITY OF ARROYO GRANDE "List of Citizens to Serve" ,, 300 East Branch Street Arroyo Grande, CA 93420 RECEIVED OCT fg 2022 . . c,i~ ~LERK'S OFFICE RROYO GRANDE Applicatio·n to Board, Committee, or Commission PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMITTEE/COMMISSION FOR WHICH YOU WOULD LIKE TO APPLY (Y~u may make more than one selection): . . . -X-Planning Commission ' _Tourism Business Improvement District Advisory Board _Downtown Parking Advisory Board _Architectural Review Committee _Special committees/subcommittees , . . ************************************************************************************ Date of Application / 0 / Id / J. J-O , I Name ~eof Last VJ'~iof&= Firs Home Address Home or Cell Phone ( Business Phone...____._ __________ _ E-mail address (Optional) ____________________ _ Do you reside within the City limits of Arroyo Grande? Yes X No ___ _ Are you a registered voter? Yes X No ___ _ Occupation __ ?j_,__df.'-----'G:w{--=--'--'---!71-+-------------- Employer __ ~_~C---h, __ Co __ l {_Q~~-L _______ _ Education (Include professional or vocational licenses or certificates) _ t,~~ U~;cz•airi;i:;;:lt" 611:)d' .:G1 i'V1;>1s -Uri?AnA -cha "'fM fJY> Community involvement (list organization memberships and committee assignments) ______ _ f :Jt;0~/v;fJ::JQL!Ji/!ect[;; £~r&ioi ~ ~ ml.er;; Please describe any background, training, education or interests that qualify you as an appointee ___ _ L e -frrr- Page 144 of 215 f PlEASE CO'MPlEl'E l'HE REVERSE SIDE Of JHIS FORM) What ~o you see as the objectives and goals of the advisory board, committee or commission for which you are applying?_:_,! t.:J...!!_~:n..!.&.-L.!:...!:~!..!..l:..!.!!i:...ll~!:!:2...!.!....t...::::.:£._...L!~L..I;.!&.....i.....1.1..:q_..J..::~1i:1..1~LL::....L..2...~:i..1...L!::!,6.r::::::.. v Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE. Current meeting schedules are indicated below: Planning Commission, l st and 3rd Tuesday of eacli month, 6 :00 p.m. Downtown Parking Advisory Board , meets as needed Architectural Review Committee\ l st Monday at 2 }0 ,p.m. and 3 rd Monday at 2 :30 p.m . each month Tourism Business Improvement District (TBID) Advisory Board , last Monday of the month at 3 :30 p .m . in January, February, April , June, August, and October Are you willing to commit to the time necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes-X-No __ _ I hereby declare that the foregoing information is true and complete to the best of my knowledge and belief. 1 date Notice to Applicants : 1. Applicants appointed by the City Council are requ ired to take an Oath of Office . 2. State law and the City's Conflict of Interest Code requires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office (e.g . sources of income, loans, gifts, investments, interests in real property within the City). 3. This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California Public Records Act. 4. Appl ications will rema in active and on file for one (1) year. Please return completed Application to: CITY CLERK'S OFFICE 300 East Branch Street Arroyo Grande CA 93420 Rev 01 /19 /2022 Page 145 of 215 CITY OF ARROYO GRANDE "List of Citizens to Serve" 300 East Branch Street Arroyo Grande, CA 93420 Application to Board, Commottee, or Commission PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMlITTEE/COMMISSION FOR WHICH YOU WOULD LIKE TO APPLY (You may make more than one selection): _Planning Commission _Tourism Business Improvement District Advisory Board ' _Downtown Parking Advisory Board _Architectural Review Committee _,JLCommunity Service Grant Committee _Special committees/subcom~ittees ************************************************************************************ -Date of A_pplicat~on J,:112q{l1)L (/als-9 cf~ . Name»S:~t;:z.e/,. 17/acy 6~~A Home Address Home or Cell Phone Business Phone .L.C _)L-..Jfl~Jfr--l.-______ _ E-mail address (Optional) Do you reside within the City limits of Arroyo Grande? Yes ,__-No. ___ _ Are you a registered voter? Yes Occupation /? e-f /r-e J v No. ___ _ Employer (:Jo /J e= Education (Include professional or vocational licenses or certificates),..-,.,_l,.u/t~_f-4::a-;;=.:iff..,.<2--:4'uf_/ <l;;.......lz..._ __ ; Community involvement (List organization memberships and committee assignments)_?--U::::l~,.J.;:::~=-- > 5£ e-a+I-¢"'A .mr-211 t: Please describe any background, training, education or interests that qualify you as an appointee. ___ _ P/.ea.:se-,:s:e~ a._'±t:LA..<::i. h '1tte {IL t: ,._ (Please attach additional pages if necessary) Rev 12/14/2022 Page 146 of 215 (PLEASE COMPLETE THE REVERSE SIDE OF THIS FORM) What do you see as the objectives and goals of the advisory board, committee or commission for which you • I . 1 vtc_ t I oVLQ +o • a.. • I qf-to1-1s O;itcH1g v-eco Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDMDUALS BEFORE LISTING THEM AS A REFERENCE. Name: Kidi Sec,us+ Address: Name:Jattlef H-tii_~·-h~h Address: Name: f.?i{/ Delf-2-Address: Current meeting schedules are indicated below: Planning Commission, 1st and 3rd Tuesday of each month, 6:00 p.m. Downtown Parking Advisory Board, meets as needed Architectural Review Committee, 1st Monday at 2:30 p.m. and 3rd Monday at 2:30 p.m. each month Tourism Business Improvement District (TBID) Advisory Board, last Monday of the month at 3:30 p.m. in January, February, April, June, August, and October Community Service Grant Program Committee, typically once per year in the fall Are you willing to commit to the time necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes I./ No . -- I hereby declare that the foregoing information is true and complete to the best of my knowledge and belief. -- Notice to Applicants: 1. Applicants appointed by the City Council are required-to take an Oath of Office. 2. State law and the City's Conflict of Interest Code requires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office ( e.g. sources of Income, loans, gifts, investments, interests in real property within the City). 3. This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California Public Records Act. 4. Applications will remain active and on file for one (1) year. Please return completed Application to: CITY CLERK'S OFFICE 300 East Branch Street Arroyo Grande CA 93420 Rev l 2/14/io22 Page 147 of 215 Community involvement: I have been volunteering for non-profits and "good causes" since my early adulthood. Most of these activities took place in Denver where I was involved in numerous non-profits but a favorite was The Park People, a foundation that raised money to refurbish Denver's parks. I was vice-president when we moved to San Francisco. There, I was involved in a number of civic projects and non-profits but the main one was the ARCS (Achievement Rewards for College Scientists) Foundation, Inc., an organization that raises money to fund meritorious Ph.D. candidates in the sciences in the major Northern California universities and where I served in most offices and as president for two years. The group had 200 members at the time and creates a million dollars a year for this purpose. Arriving in Arroyo Grande several years ago, we had hardly had a chance to settle in before the lockdown stuck which has limited the opportunities. I did however initiate a newsletter for our homeowners' association and we have been frequent donors for several critical non-profits in this time. I am looking forward to more participation in this arena. Background: I have a B.A. degree in education from the University of Denver and taught in the Denver schools for one year before being retired by my children. Later, I did reporting for The Denver Post for six years covering the City of Aurora where I later became the Community and Media Relations person for ten years. After that, I formed a public relations consultancy firm with two partners and worked there until our move to San Francisco in 1989. I think my long participation in non-profits of all kinds lends an appreciation of their work and their challenges. My leadership roles have given me true appreciation for the work of volunteers and the need to keep opportunities open for new people to join the efforts, something that is more difficult in these times-even when the needs are greater in many ways. I would welcome the opportunity to serve on the Community Service Grant Committee. Page 148 of 215 Item 9.k. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Steve Kahn, Acting Capital Improvement Project Manager SUBJECT: Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 DATE: January 24, 2023 SUMMARY OF ACTION: Adoption of the Resolution by the required four-fifths vote will allow for the continued accelerated replacement of the emergency generator at the Five Cities Fire Authority (FCFA) Station 1. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no additional fiscal impacts from adoption of this Resolution. The FY 2021-22 and FY 2022-23 Capital Improvement Program (CIP) budgets included $680,018 ($46,780 General Fund, $318,738 Sales Tax Funds, and $314,500 of California Nuclear Power Preparedness (NPP) Program funding) for the subject project. The engineer’s construction cost estimate for the project is currently $646,453. FCFA staff will seek to secure the NPP funding upon completion of the construction documents and associated engineer’s construction cost estimate. It is anticipated that NPP funding will cover approximately 50% or $323,277. Staff time will be necessary to coordinate construction activities with the contractor and special inspectors. RECOMMENDATION: 1) Receive and file an update of the emergency generator replacement project at the FCFA Station 1; and 2) Adopt a Resolution determining that there is a need to continue the emergency action for the replacement of the emergency generator in accordance with Public Contract Code Section 22050. BACKGROUND: Public Contract Code (PCC) Section 22050 allows a public agency, in the case of an emergency, to repair or replace a public facility, take any directly related and immediate Page 149 of 215 Item 9.k. City Council Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 January 24, 2023 Page 2 action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without going through a formal bid process. At its regular meeting on September 13, 2022, the City Council adopted Resolution No. 5219 declaring an emergency and authorizing the accelerated replacement of the emergency generator at the FCFA Station 1 by eliminating the formal bid process. PCC Section 22050 requires that after proceeding with an emergency project, the City Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the emergency action is terminated, and if it is determined that there is a need to continue the action, authorize continuation of the emergency action by a four-fifths vote. On September 27, October 11 and 25, November 22, December 13, 2022, and January 10, 2023 the Council adopted Resolution Nos 5225, 5231, 5239, 5243, 5250, and 5253 respectively, determining a need to continue work under emergency contracts to replace the emergency generator at the FCFA Station 1. ANALYSIS OF ISSUES: Since the January 10, 2023 City Council meeting, the status of the project is as follows:  The building permit has been issued for the Project.  The construction bid package has been sent to local electrical contractors for bids. Since this is an emergency project, construction bidding does not have to follow the formal bid process. Bids are due back on January 25th and the project will be awarded to the responsive low bidder shortly after the bids are received. While a portable generator has been brought on site that allows for the opening of the apparatus bay doors and some lighting at the fire station, it does not provide power to the server room or the station alerting system, which are critical needs. Therefore, there remains an imminent danger to public health and safety as this situation may cause delay of emergency 9-1-1 services during the event of a power outage . Because of this, staff recommends that the emergency action be continued. As required by statute, staff will continue to bring a similar item to the Council on subsequent agendas until the necessary emergency work has been completed or until the emergency action is terminated. Until this future item, staff will continue to work with the design consultant and selected contractor to complete the improvements on an accelerated basis. Page 150 of 215 Item 9.k. City Council Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 January 24, 2023 Page 3 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Receive and file an update of the emergency generator replacement project at the FCFA Station 1; and adopt the proposed Resolution finding that there is a need to continue the emergency action for the replacement of the emergency generator in accordance with Public Contract Code Section 22050; 2. Receive and file an update of the emergency generator replacement project at the FCFA Station 1; do not adopt the proposed Resolution; and direct staff to prepare a Resolution to terminate the need to continue work under emergency action; or 3. Provide other direction to staff. ADVANTAGES: Adoption of the Resolution will allow for the accelerated replacement of the emergency generator at the FCFA Station 1 which will ensure power during the event of a power outage thereby providing rapid response time in the event of an emergency situation. DISADVANTAGES: No disadvantages are identified at this time. ENVIRONMENTAL REVIEW: No environmental review is needed to authorize the continuation of the emergency action. 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. Attachment: 1. Proposed Resolution Page 151 of 215 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING A NEED TO CONTINUE WORK UNDER EMERGENCY CONTRACTS FOR THE FCFA STATION 1 EMERGENCY GENERATOR REPLACEMENT PROJECT WHEREAS, on September 13, 2022, pursuant to Public Contract Code (PCC) Section 22050, the City Council deemed it was is in the public interest to immediately authorize the expenditure of City funds needed to safeguard the health, safety and welfare and to proceed immediately with the replacement of the emergency generator at the Five Cities Fire Authority (FCFA) Station 1; and WHEREAS, On September 13, 2022, the City Council deemed the immediate replacement of the emergency generator was necessary in order to protect the public health, safety and welfare and would not permit a delay resulting from a competitive solicitation for bids and that prompt action, including authorization to expend all funds required for such replacement without competitive bidd ing, was necessary to respond to the emergency; and WHEREAS, on September 13, 2022, the City Council adopted Resolution No. 5219 declaring an emergency and authorizing the City Manager to enter into any contract or agreement in order to immediately replace the emergency generator; and WHEREAS, PCC Section 22050 requires that after proceeding with an emergency project, the City Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the emergency action is terminated; and WHEREAS, on September 27, 2022, the City Council adopted Resolution No. 5225 determining a need to continue work under emergency contracts to replace the emergency generator and has adopted a similar resolution at all subsequent regular City Council meetings; and WHEREAS, if it is determined that there is a need to continue the emergency action, PCC Section 22050 requires a four-fifths vote to authorize the continuation of the emergency action. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the emergency declared by the City Council on September 13, 2022 regarding replacement of the generator at FCFA Station 1 shall be deemed to continue. BE IT FURTHER RESOLVED, that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. Page 152 of 215 RESOLUTION NO. PAGE 2 On motion by 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 24th day of January, 2023. Page 153 of 215 RESOLUTION NO. PAGE 3 ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: _________________________________ WHITNEY MCDONALD, CITY MANAGER APPROVED AS TO FORM: ___________________________________ TIMOTHY J. CARMEL, CITY ATTORNEY Page 154 of 215 Item 9.l. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Steve Kahn, Acting Capital Improvement Projects Manager SUBJECT: Consideration of Acceptance of the Elm Street Park Inclusive Playground Replacement Project, PW 2020-02 DATE: January 24, 2023 SUMMARY OF ACTION: Accept the Elm Street Park Inclusive Playground Replacement Project (Project) and begin the one-year warranty period for defects that may arise. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The final total costs of the Project were $462,462.88, and include:  $188,064.34 for the purchase of the playground equipment from Play & Park Structures.  $103,295 for the installation of Pour In Place (PIP) surfacing by Play & Park Structures, including $90,000 for the direct contract amount and $13,295 for contingencies.  $132,199.50 for the installation of the playground equipment and changes to the subbase for the PIP surfacing by Central Coast Playgrounds, Inc., including $126,399.50 for the direct contract amount and $5,800.00 for contingencies.  $434.32 for the purchase and installation of landscaping by Arroyo Grande In Bloom.  $38,469.72 for surface testing, inspection, design changes and security by various firms. The Project was funded by a grant from the Parks and Water Bond Act of 2018 under the Per Capita Program, donations from the Kiwanis, Public Works Administration Budget, and Local Sales Tax. The recommended action will not impact staff resources. RECOMMENDATION: 1) Accept the project improvements as constructed by Park and Play Structures and Central Coast Playgrounds, Inc. in accordance with the plans and specifications for the Page 155 of 215 Item 9.l. City Council Consideration of Acceptance of the Elm Street Park Inclusive Playground Replacement Project, PW 2020-02 January 24, 2023 Page 2 Elm Street Park Inclusive Playground Replacement Project, PW 2020-02; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. BACKGROUND: On June 5, 2018, California voters approved Proposition 68, the “Parks and Water Bond Act of 2018” (Senate Bill 5). The “Per Capita Program”, administered by California State Park’s Office of Grants and Local Services (OGALS), was established through this proposition with the intent of supplementing existing capital outlay expenditures for recreation purposes. Allocations for the Per Capita Program are determined based on the population of cities, counties, or other eligible districts. Under this program, grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. On October 22, 2019, the City Council adopted a Resolution authorizing the City Manager to submit a grant application and associated documents for the “Per Capita Program .” On October 26, 2021, a project proposal was presented to the Council for the Inclusive Elm Street Park Playground Replacement Project (Project) consisting of Play-On Technology Promoting Physical Activity, the 7 Principles of Inclusive Playground Design, an Outdoor Adult Fitness Zone, and NatureGrounds, qualifying the playground for four National Demonstration Site accreditations which would be the first in the nation . The Project, as well the appropriation of additional funding totaling $369,484, were approved by Council. On December 2, 2021, the application for the Per Capita Grant Program was approved and signed by the State, awarding $177,952 to the Project. On November 9, 2021, Council approved the purchase of the playground equipment with Play & Park Structures through OMNIA Partners purchasing cooperative. On March 8, 2022, Council approved the purchase of the PIP surfacing and installation of the equipment with Play & Park Structures through the OMNIA Partners purchasing cooperative. On August 8, 2022, Council awarded a construction contract to Central Coast Playgrounds, Inc. for the installation of the playground equipment. ANALYSIS OF ISSUES: The contractor has completed the work in accordance with the approved plans and specifications within the contract time frame, under the available budget, and there are no outstanding issues. On November 4, 2022, a ribbon cutting was held to open for Project to the public. It was well attended and the new playground was well received. It is, therefore, recommended that the City accept the Elm Street Park Inclusive Playground Replacement Project and begin the one-year warranty period for defects that may arise. Page 156 of 215 Item 9.l. City Council Consideration of Acceptance of the Elm Street Park Inclusive Playground Replacement Project, PW 2020-02 January 24, 2023 Page 3 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. 1) Accept the project improvements as constructed by Park and Play Structures and Central Coast Playgrounds, Inc. in accordance with the plans and specifications for the Elm Street Park Inclusive Playground Replacement Project, PW 2020-02; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed; 2. Do not accept the Project improvements; 3. Accept the Project improvements, but do not authorize release of retention; or 4. Provide other direction to staff. ADVANTAGES: The Project is complete and accepting the improvements will allow staff to close out the Project. The Project includes an inclusive playground incorporating NatureGrounds, Play- On Technology Promoting Physical Activity, the 7 Principles of Inclusive Playground Design and an Outdoor Adult Fitness Zone and is well received by the community. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: No environmental review is needed to accept the project. 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. Notice of Completion Page 157 of 215 ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF ARROYO GRANDE 300 EAST BRANCH STREET ARROYO GRANDE, CA 93420 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner or agent of owner of the interest or estate or the property hereinafter described as stated below. 2. The FULL NAME of the OWNER is: The City of Arroyo Grande 3. The FULL ADDRESS of the OWNER is: 300 East Branch Street, Arroyo Grande, California 93420 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee 5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: NAMES ADDRESSES None 6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR’S in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvements herein referred to: NAMES ADDRESSES None 7. All work of improvement on the property hereinafter described was COMPLETED November 4, 2022 8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Park and Play Structures and Central Coast Playgrounds, Inc. 9. The street address of said property is: 1221 Ash Street, Arroyo Grande, CA 93420 10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of California, and is described as follows: Elm Street Park Inclusive Playground Replacement Project, PW 2020-02 Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and corr ect. _________________________________________________ Bill Robeson, Public Works Director January 25, 2023, Arroyo Grande, California -- END OF DOCUMENT -- Page 158 of 215 Item 9.m. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shane Taylor, Utilities Manager SUBJECT: Calendar Year 2022 Water Supply and Demand Update DATE: January 24, 2023 SUMMARY OF ACTION: The update reports the City’s total water supply a nd demand for Calendar Year 2022. Current Lopez Reservoir level and projected levels are provided in the attachment s. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Approximately two (2) hours of staff time is required to prepare the report. RECOMMENDATION: Receive and file the Calendar Year 2022 Water Supply and Demand Update. BACKGROUND: On October 12, 2021, the City Council adopted a Resolution declaring a Stage 1 Water Shortage Emergency, and implementing emergency water conservation measures and restrictions as a result of the extreme drought conditions. In 2022, the City’s water use was 1,994.1 acre-feet with an overall per capita use of 99 gallons per day/per person. The residential per capita use was 79 g allons per capita per day. ANALYSIS OF ISSUES: The United States Drought Monitor, as of January 12, 2022, shows San Luis Obispo County in a moderate drought. Rainfall for Calendar Year 2022 was 11.1 inches at the Corporation Yard rain gauge. Lopez Lake, as of January 12, 2023, is at 44.9% capacity (22,156 acre-feet of storage). The new water year began on April 1, 2022, and the City’s annual Lopez contract supply is 2,290 acre-feet. On August 24, 2021, the San Luis Obispo County Board of Supe rvisors (Board) enacted the Low Reservoir Response Plan (LRRP) for Lopez Lake. On September 8, 2021, the Zone III Technical Advisory Committee endorsed the action of Page 159 of 215 Item 9.m. City Council Calendar Year 2022 Water Supply and Demand Update January 24, 2023 Page 2 reducing contract deliveries by 10%. The City began reducing the flow of Lopez Lake deliveries on September 15, 2021, to 1.9 million gallons per day, compared to the normal flow of 2.2 million gallons per day. On July 21, 2022, the Zone III Advisory Board approved the Technical Advisory Committee’s recommendation to reduce contract deliveries by 20% prior to Lopez Lake reaching 10,000 acre-feet. As a result, the City began reducing the flow of deliveries on July 26, 2022 to 1.7 million gallons per day. Current deliveries from the W ater Treatment Plant are at 1.3 million gallons per day. The ground water deliveries in 2022 were 172.1 acre-feet. The Santa Maria Basin provided 170.3 acre-feet and the Pismo Formation provided 1.8 acre-feet. The water entitlement from the Santa Maria Basin is 1,323 acre- feet per year and the Pismo Formation can provide 160 acre-feet per year. The deep well index for the First Quarter of 2023 has been delayed due to recent storm events and will be completed after access to all of the monitoring wells is returned. The recent rainfall has raised Lopez Lake from 22% to 45% full, however the LRRP remains in effect, along with Stage 1 Water Shortage emergency reductions. The projected water use for the City in calendar year 2023 is 2,100 acre-feet based on current rainfall. ALTERNATIVES: Not applicable at this time. ADVANTAGES: This report provides the City Council and the public with the current and projected conditions of our water supply and demand. DISADVANTAGES: No disadvantages noted at this time. ENVIRONMENTAL REVIEW: No environmental review is required for this item. 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. Lopez Monthly Operations Report for December 2022 2. Lopez Reservoir Storage Projection 3. Yearly Water Use Comparison 4. Monthly Monitoring Report for December 2022 Page 160 of 215 CONTRACTORUsage % Usage % Usage % Usage % Usage % Usage % Usage % Usage %[AF]AG1832.00 742.00 774.60 0.00 774.60 3348.60 114.44 6.2% 0.00 0.0% 0.00 0.0% 114.44 3.4% 1399.43 76.4% 0.00 0.0% 0.00 0.0% 1399.43 41.8%114.44OCSD242.40 375.00 379.70 0.00 379.70 997.10 0.00 0.0% 0.00 0.0% 0.00 0.0% 0.00 0.0% 0.00 0.0% 0.00 0.0% 0.00 0.0% 0.00 0.0%34.12GB640.00 204.00 213.00 0.00 213.00 1057.00 62.41 9.8% 0.00 0.0% 0.00 0.0% 62.41 5.9% 589.57 92.1% 0.00 0.0% 0.00 0.0% 589.57 55.8%62.41PB713.60 1048.00 1061.40 0.00 1061.40 2823.00 27.97 3.9% 0.00 0.0% 0.00 0.0% 27.97 1.0% 278.23 39.0% 0.00 0.0% 0.00 0.0% 278.23 9.9%87.97CSA 12196.00 230.00 234.10 0.00 234.10 660.10 2.44 1.2% 0.00 0.0% 0.00 0.0% 2.44 0.4% 59.97 30.6% 0.00 0.0% 0.00 0.0% 59.97 9.1%8.09SM6.15Total3624 2599 2662.8 0 2662.8 8885.8 207.26 5.7% 0.00 0.0% 0.00 0.0% 207.26 2.3% 2327.20 64.2% 0.00 0.0% 0 0.0% 2327.2 26.2%313.18ENTITLEMENTDIEAIECONTRACTORREQUEST USAGE % USAGE % USAGE % USAGE %DWR REQUEST USAGE % USAGE % USAGE % USAGE %AG0.00OCSD750 0 28.38 778.3862.534.12 4.5% 0.00 0% 0.00 0.0% 34.12 4.4%464.85 62.0% 0 0% 0 0.0% 464.85 59.7%0.00GB0.00PB1240 0 0124060 60.004.8%0.000%0.000% 60.00 4.8%1238.9199.9%00%00% 1238.91 99.9%0.00CSA 1296 0 0967.5 5.655.9%0.000%0.000% 5.65 5.9%93.3197.2%00%0 0% 93.31 97.2%0.00SM120 0 01208 6.155.1%0.000%0.000% 6.15 5.1%80.8967.4%00%0 0% 80.89 67.4%0.00Total2206 0 28.38 2234.38 138 105.92 4.8% 0.00 0% 0.00 0.0% 105.92 4.7%1877.9685.1%0 0% 0 0.0% 1877.96 84.0%0.00THIS MONTHMAX CAPACITY%[AF]457.23 522.37807.7810830 49200 22%06.81‐105.92186.25 4200701.86339.9701.48Notes:1) On 7/21/22 AC endorsed a 20% entitlement reduction (retroactive to April 2022) in anticipation of reaching the 10,000 AF trigger of the Low Reservoir Repsonse Plan (LRRP). 2022 entitlements represent a 20% reduction.2) Shown Surplus Water is also known as "Carry Over Water" as designated in the LRRP.3) On 4/13/22, the District presented evaporation losses dating back to the 1/1/15 water recharacterization.  As of 12/31/2021 the was 659.82 AF of District Stored SWPW.  Evaporation losses will be presented annually.4) In November OCSD requested 62.5AF delivered through the State Water Turnout and stored the remaining balance of 28.38 AF in their AIE Storage Bucket.San Luis Obispo County Flood Control and Water DistrictZone 3 ‐ Lopez Project ‐ Monthly Operations ReportDecember, 2022MONTHLY RAINFALLANNUAL RAINFALLDOWNSTREAM RELEASESLAKE TO TERMINAL [AF]STORAGE [AF]DWR METER DELIVERIES [AF]CHANGE IN STORAGE [AF]EVAPORATIONREMAINING DISTRICT SSWPW [AF]Spillage [AF]AG WHEELING TO OCEANO [AF]DAM OPERATIONSDISTRICT STORED SWPWLAKE ELEVATIONPREVIOUS DISTRICT SSWPW [AF]JANUARY TO PRESENTENTITLEMENTDIEAIETOTALTOTALTOTAL ANNUAL USAGE TO PRESENTSTATE WATER PROJECT WATER (SWPW)WATER MOVED TO STORAGEAVAILABLE WATERDELIVERIESANNUAL REQUESTDIE: STORED SWP WATERAIE: STORED SWP WATERTOTAL AVAILABLE SWP WATERTHIS MONTHTOTAL AVAILABLE PROJECT WATERThis Month April to PresentEntitlementSurplusStored Project (Lopez) WaterTOTAL MONTHLY USAGE Entitlement SurplusStored Project (Lopez) WaterLOPEZ PROJECT WATERTOTAL WATER DELIVERIES THIS MONTHAVAILABLE WATERUSAGE / DELIVERIESENTITLEMENT SURPLUS STORED PROJECT (LOPEZ) WATERTRANSFER STORED PROJECT WATERBALANCESTORED PROJECT WATERATTACHMENT 1Page 161 of 215 5.16 0.22 0.94 2.38 0.30 7.33 0.430.34 2.03 1.91 1.31 3.02 3.25 2.91 1.13 0.410.070.030.02 0.320.62 1.70 2.24 3.12 2.982.84 0.98 0.360.070.030.02 0.350.67 1.842.24 2.762.983.01 0.98 0.41 0.35 0.67 1.842.24 2.762.983.01 0.98 0.00 2.00 4.00 6.00 8.00 10.0012.0014.00 0 5000 10000 15000 200002500030000 1/1/20212/1/20213/1/20214/1/20215/1/20216/1/20217/1/20218/1/20219/1/202110/1/202111/1/202112/1/20211/1/20222/1/20223/1/20224/1/20225/1/20226/1/20227/1/20228/1/20229/1/202210/1/202211/1/202212/1/20221/1/20232/1/20233/1/20234/1/20235/1/20236/1/20237/1/20238/1/20239/1/202310/1/202311/1/202312/1/20231/1/20242/1/20243/1/20244/1/20245/1/20246/1/2024Storage (AF)Date LOPEZ RESERVOIR STORAGE PROJECTION Actual Precipitation Predicted Precipitation Storage Projection (SP)Reservoir Level (Actual)Available Water (Storage Rights)SP (No Rain)20,000 AF 10,000 AF SP (No Rain, Minus Storage)Minimum Pool ATTACHMENT 2 Page 162 of 215 ATTACHMENT 3 2310.5 1994.1 117 99 0 500 1000 1500 2000 2500 2021 2022 Yearly Water Use Comparison Acre Feet Usage (gpcd) Page 163 of 215 ATTACHMENT 4 Below is the information you have submitted for the month of December 2022. We use your most recently submitted monthly report in our calculations. Reporter Shane Taylor Report Type Full Urban Water Supplier(Number) Arroyo Grande City of (608) Public Water System ID(s) CA4010001 Reporting Month 1222 County/Counties San Luis Obispo County Under Drought Declaration Yes Water Shortage Contingency Plan 1 Water Shortage Level 2 Population 17963 Total Potable Water Production 116.7 AF Commercial Agricultural Water 0 AF Residential Use Percentage 80 % CII Water 12.8 AF Recycled Water 0 AF Non-revenue Water AF Estimated R-GPCD 54.63 Qualification Emergency Response Section Revealed? Yes State Water Resources Control Board Office of Research, Planning & Performance Page 164 of 215 Item 9.n. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Robin Dickerson, PE, City Engineer John Benedetti, Associate Engineer SUBJECT: Consideration of a Resolution Accepting Public Improvements Associated with Plot Plan Review 19-011 Located at 329 Traffic Way and Finding the Project Exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) DATE: January 24, 2023 SUMMARY OF ACTION: Acceptance of public improvements associated with Plot Plan Review 19 -011 for the expansion of Arroyo Grande Chevrolet located at 329 Traffic Way. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The estimated value of the public improvements involved with Plot Plan Review 19 -011 is $28,572.91. Maintenance of the new public improvements will add to the overall costs of the City infrastructure maintenance program. RECOMMENDATION: Adopt a Resolution accepting public improvements associated with Plot Plan Review 19 - 011, located at 329 Traffic Way. BACKGROUND: The 0.47-acre project site is located at 329 Traffic Way and is home to the Arroyo Grande Chevrolet dealership. The property is bounded by Allen Street to the south and Traffic Way to the west. On May 20, 2019, the Community Development Director approved Plot Plan Review 19 - 011 to permit the expansion of the Arroyo Grande Chevrolet dealership. As a condition of approval, the applicant was required to construct a number of public improvements. The engineer of work for the project estimated the cost of the public improvements for this project as $28,572.91. Improvements constructed included a fire hydrant and new ADA compliant ramp, curbs, gutters, drive approach, and sidewalks surrounding the Page 165 of 215 Item 9.n. City Council Consideration of a Resolution Accepting Public Improvements Associated with Plot Plan Review 19-011 Located at 329 Traffic Way and Finding the Project Exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) January 24, 2023 Page 2 development. The project also completed asphalt repairs and replacement on Allen Street. ANALYSIS OF ISSUES: Improvement plans for the project were issued on July 25, 2019. The improvements were completed by the developer on January 18, 2021. The final plans were submitted on September 16, 2022, and approved by the City Engineer on November 18, 2022. Required post-construction operation and maintenance agreements have been executed and are recorded. Acceptance of the public improvements allows City staff to release the Faithful Performance and Material and Labor bonds and hold a warrantee bond. This process begins the one-year maintenance period during which the developer wil l be responsible for maintenance and repair of the public improvements. After the one -year maintenance period, the City will take over the maintenance of the public improvements. Maintenance of the public improvements would become part of future Capital Im provement Projects and budgets. Typically, maintenance work begins to occur 10 to 15 years after the project is completed. ALTERNATIVES: 1. Adopt a Resolution accepting public improvements associated with Plot Plan Review 19-011; 2. Do not adopt a Resolution accepting public improvements associated with Plot Plan Review 19-011; or 3. Provide other direction to staff. ADVANTAGES: By accepting the public improvements, the City will have ownership of facilities in the public right of way and will begin the developer’s one-year maintenance period. DISADVANTAGES: Acceptance of the public improvements will add to the City’s overall ongoing maintenance costs. ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act (CEQA), it has been determined that this project is categorically exempt per Section 115061(b)(3) of the CEQA Guidelines because it is infill development. Page 166 of 215 Item 9.n. City Council Consideration of a Resolution Accepting Public Improvements Associated with Plot Plan Review 19-011 Located at 329 Traffic Way and Finding the Project Exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) January 24, 2023 Page 3 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. Proposed Resolution Page 167 of 215 ATTACHMENT 1 Complimentary Recording Requested Pursuant to Government Code Sections 6103 and 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk City of Arroyo Grande 300 East Branch Street Arroyo Grande, California 93420 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING PUBLIC IMPROVEMENTS ASSOCIATED WITH PLOT PLAN REVIEW 19-011, LOCATED AT 329 TRAFFIC WAY Page 168 of 215 ATTACHMENT 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING PUBLIC IMPROVEMENTS ASSOCIATED WITH PLOT PLAN REVIEW 19-011, LOCATED AT 329 TRAFFIC WAY WHEREAS, the Community Development Director approved Plot Plan Review 19-011 for the expansion of the Arroyo Grande Chevrolet dealership on May 20, 2019; and WHEREAS, the project was conditioned to complete certain public improvements; and WHEREAS, the developer has constructed the improvements required by the conditions of approval for Plot Plan Review 19-011; and WHEREAS, City staff has inspected the improvements and find they are constructed in accordance with the approved plans for the project; and WHEREAS, as required by the conditions of approval, the developer has provided and City approved the “as-built” improvement plans on January 18, 2021. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande hereby accepts public improvements associated with Plot Plan Review 19-011, located at 329 Traffic Way, including paving, curb, gutter, drive approaches, Americans with Disabilities Act-compliant ramps, sidewalks, striping and signage on Rodeo Court, Rodeo Drive, and Grace Lane, utility connections, fire hydrants, water lines, and sewer lines. 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 24th day of January, 2023. Page 169 of 215 ATTACHMENT 1 RESOLUTION NO. PAGE 2 CAREN RAY RUSSOM, MAYOR ATTEST: _____ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: WHITNEY McDONALD, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Page 170 of 215 Item 10.a. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Mark Meyers, Building Official SUBJECT: Consider Adoption of an Ordinance Regarding 2022 Building Codes and Other Codes as Listed Below; and Finding of Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines §15061(b)(3) SUMMARY: Adopt by Reference the 2022 California Fire Code, 1997 Uniform Administrative Code, 2022 California Building Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 1997 Uniform Code for the Abatement of Dangerous Buildings, 2022 California Residential Code, 2022 California Energy Code, 2022 California Green Building Standards Code, and the 2021 International Property Maintenance Code; Adopting the 2021 Uniform Swimming Pool, Spa and Hot Tub Code; Adding Chapter 15.06 Regarding Swimming Pools and Adopting the 2021 Uniform Swimming Pool, Spa and Hot Tub Code; Adding Chapter 15.07 Regarding Small Residential Rooftop Solar Energy Systems; Adding Chapter 15.11 Regarding Electric Vehicle Charging Stations; Amending and Renumbering Arroyo Grande Municipal Code Chapter 15.08 as Chapter 15.12, and Amending and Renumbering Arroyo Grande Municipal Code Chapter 15.10 as Chapter 15.13; Finding of Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines §15061(B)(3) DATE: January 24, 2023 SUMMARY OF ACTION: Adopting the Ordinance will establish the 2022 Building Codes and other codes as City regulations by reference. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no fiscal impact anticipated. There will be minimal impact on staff time from the adoption of this Ordinance. Page 171 of 215 Item 10.a. City Council Consider Adoption of an Ordinance Regarding 2022 Building Codes and Other Codes as Listed Below; and Finding of Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines §15061(b)(3) January 24, 2023 Page 2 RECOMMENDATION: Adopt the Ordinance to adopt by reference the 2022 Building Codes and other codes as listed in the Summary above. BACKGROUND: The State mandates that the building and construction codes are updated every three years in all cities and counties throughout the State, known as the tri-annual update. The State published the 2022 California Building Standards Code on July 1, 2022, which became effective statewide on January 1, 2023. The City adopts the Californi a Building Standards Code by amending the City’s Municipal Code (Chapters 8 and 15) and incorporating the revised Building Code by reference. On January 10, 2023, the City Council adopted a Resolution and introduced the Ordinance regarding the 2022 California Building Standards Code, including certain changes and modifications deemed reasonably necessary due to local conditions in the City of Arroyo Grande. The staff report describing in more detail the proposed Ordinance and the Resolution adopted on January 10th are provided in Attachment 2. The approved Resolution is also provided as Attachment 3. ANALYSIS OF ISSUES: The Ordinance is now ready for adoption. The new 2022 Building and Fire Codes will become effective thirty (30) days after adoption . ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Ordinance as proposed; or 2. Modify the Ordinance and direct staff to return at a future public hearing to re- introduce the modified Ordinance; or 3. Provide other direction to staff. ADVANTAGES: Adoption of this Ordinance will keep the City of Arroyo Grande current and compliant with State law in regards to construction and building codes. The new requirements will provide for safer and more energy efficient buildings, and the proposed revisions to the AGMC will lessen burdens on alterations to existing residential structures. DISADVANTAGES: Overall, adopting the 2022 California Building Standards Code will implement more stringent requirements for construction, which can increase development costs. Page 172 of 215 Item 10.a. City Council Consider Adoption of an Ordinance Regarding 2022 Building Codes and Other Codes as Listed Below; and Finding of Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines §15061(b)(3) January 24, 2023 Page 3 ENVIRONMENTAL REVIEW: The project is exempt from California Environmental Quality Act (CEQA) per CEQA Guidelines Section, 15061(b)(3). This action involves updates and revisions to existing regulations consistent with State law and will not result in any direct or indirect physical changes to the environment. 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. Proposed Ordinance 2. Staff Report and Draft Minutes from the January 10, 2023 City Council Meeting 3. Adopted Resolution No. 5256 Page 173 of 215 ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PROVISIONS IN TITLES 8 AND 15 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE ADOPTION BY REFERENCE OF THE 2022 CALIFORNIA FIRE CODE, 1997 UNIFORM ADMINISTRATIVE CODE, 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 2022 CALIFORNIA RESIDENTIAL CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; ADDING CHAPTER 15.06 REGARDING SWIMMING POOLS AND ADOPTING THE 2021 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE; ADDING CHAPTER 15.07 REGARDING SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS; ADDING CHAPTER 15.11 REGARDING ELECTRIC VEHICLE CHARGING STATIONS; AMENDING AND RENUMBERING ARROYO GRANDE MUNICIPAL CODE CHAPTER 15.08 AS CHAPTER 15.12, AND AMENDING AND RENUMBERING ARROYO GRANDE MUNICIPAL CODE CHAPTER 15.10 AS CHAPTER 15.13 WHEREAS, the City of Arroyo Grande (“City”) is a municipal corporation organized under the laws of the State of California; and WHEREAS, pursuant to California Health and Safety Code Section 17921, the State of California (“State”) must adopt and enforce regulations for the protection of the public governing the construction, alteration, demolition, occupancy, or other use of buildings; and WHEREAS, pursuant to California Health and Safety Code Section 17958, cities may adopt ordinances imposing the California Building Standards requirements as established by the State; and WHEREAS, the City desires to amend its municipal code to adopt the most recent editions of the California Building Standards Codes and Fire Codes established by the State; and WHEREAS, pursuant to California Health and Safety Code Section 17958.7, a city may make local amendments to the State code requirements if it makes express findings that such amendments are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, it is the desire and intent of the City Council to provide citizens with the greatest degree of protection from fire; and WHEREAS, the City Council has adopted Resolution No. XXX making findings that the changes or modifications to measures referred to herein are reasonably necessary because of local climatic, geographical, or topographical conditions in the area encompassed by the boundaries of the City of Arroyo Grande; and WHEREAS, additionally, by this Ordinance, the City Council desires to make general corrections to its Municipal Code in order to ensure internal consistency with other Page 174 of 215 ORDINANCE NO. PAGE 2 modifications set forth herein. 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 are incorporated herein by this reference. SECTION 2. Arroyo Grande Municipal Code ("AGMC") Chapter 15.04, entitled “Building and Construction Codes Adopted,” is hereby repealed in its entirety. SECTION 3. AGMC Chapter 15.01, entitled "Building Code," is hereby added as follows: Chapter 15.01 BUILDING CODE 15.01.010 Uniform Administrative Code adopted. 15.01.010.1 Amendments to Uniform Administrative Code. 15.01.020 Adoption of California Building Code. 15.01.020.1 Amendments to Building Code. 15.01.010 Uniform Administrative Code adopted. For the purposes of regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures in the City and providin g for the issuance of permits and the collection of fees therefor, the 1997 Edition of the Uniform Administrative Code and Appendices, as prepared by the International Conference of Building Officials, three (3) copies of which have been filed for use and examination by the public in the office of the City Clerk as provided by Sections 50022.1 et seq. of the Government Code of the State, is hereby adopted by reference thereto as if fully set forth in this chapter. 15.01.010.1 Amendments to Uniform Administrative Code. The Uniform Administrative Code adopted by reference by Section 15.01.010 of this Code is amended as follows: (a) Section 103, Definitions, is amended by adding the definition of the term “ICC Standards” to read as follows: ICC STANDARDS refer to those codes adopted by this jurisdiction containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment as published by the International Code Conference. (b) The first paragraph of Section 303.4, Expiration, is amended to read as follows: 303.4 Expiration. In accordance with Health and Safety Code Section 18938.6, every permit issued by the building official under the provisions of the technical Page 175 of 215 ORDINANCE NO. PAGE 3 codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within twelve (12) months (365 days) from the date of issuance of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Failure to pass a required inspection every 180 days shall constitute the abandonment of work. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. (c) The first paragraph of Section 304.2, Permit Fees, is amended to read as follows: 304.2 Permit Fees. The fee for each permit shall be as set forth in Tables B-1, E-1, M-1, P-1, and 3-G and 3-H, adopted by uncodified ordinance and on file with the building official. The fees and fee calculation methodologies set forth in these Tables shall prevail over any conflicting fees or fee calculation methodologies set forth in any other adopted uniform code. Where a technical code has been adopted by the jurisdiction for which no fee schedule is shown in this code, the fee required shall be in accordance with the schedule established by the legislative body. (d) Section 304.3, Plan Review Fees, is amended to read as follows: 304.3 Plan Review Fees. When submittal documents are required by Section 302.2, a plan review fee shall be paid at the time of submittin g the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table B-1. The plan review fees for electrical, mechanical and plumbing work shall be equal to 25 percent of the total permit fee as set forth in Tables E-1, M-1 and P- 1. The plan review fee for grading work shall be as set forth in Table 3-G. The plan review fees for Seismic, Disabled Access, and California Building Energy Efficiency Standards, shall be 25 percent of the Building Plan Check fee for each area when detailed as shown in Table B -1. The plan review fees specified in this section are separate fees from the permit fees specified in Section 304.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 302.4.2, an additional plan review fee shall be charged at the rate shown in Tables B-1, E-1, M-1, P-1, and 3-G. Page 176 of 215 ORDINANCE NO. PAGE 4 (e) The first three paragraphs of Section 304.5.2, Fee, are amended to read as follows: 304.5.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Tables B-1, E-1, M-1, P-1, 3-G and 3-H. Subsequent un-permitted work by the same permittee shall result in a progressive investigation fee being accessed, second violation would result in a three times the permit fee for the investigation fee, a third violation would result in a four times the permit fee for the investigation fee, a fourth violation would result in a five times the permit fee for the investigation fee, and so on to a maximum of a ten times the permit fee for the investigation fee. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law. Swimming Pool Safety Barriers not finaled prior to pool water placement are subject to an investigation fee. (f) Section 305.5, Required Building Inspections, is amended to read as follows: 305.5 Required Building Inspections. Reinforcing steel or structural framework or a part of a building or structure shall not be covered or concealed without first obtaining the approval of the building official. Protection of joints and penetrations in fire-resistive assemblies shall not be concealed from view until inspected and approved. The building official, upon notification, shall make the following inspections: 1. Under slab under foundation inspection. This inspection is for all infrastructure to be installed below the slab and foundation, this inspection includes all plumbing mechanical and electrical system to be installed tested and inspected prior to backfill and preparation for foundation inspection. 2. Foundation inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready-mixed in accordance with approved nationally recognized standards, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the building official. 3. Concrete slab or under-floor inspection. To be made after in-slab or under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the subfloor. 4. Frame Inspection. The frame inspection shall include the following; All rough framing, rough Electrical, rough Plumbing, rough Mechanical, Roof covering installed (except where access is required for intersecting wall finish), and exterior Page 177 of 215 ORDINANCE NO. PAGE 5 lath or required weather barrier, the building must be weather tight prior to requesting a frame inspection. 5. Insulation, caulking and sealing. This inspection is for all insulated areas that will be concealed by the installation of interior lath or drywall. 6. Interior Lath and/or wallboard inspection. To be made after lathing and wallboard on the interior is in place but before plaster is applied or before wallboard joints and fasteners are taped and finished. 7. Other inspections. All inspections listed in section 109 of the International Building Code or the latest version of the California Building Code. 8. Final inspection. To be made after finish grading and the building is completed and ready for occupancy. (g) Section 309.1, Use or Occupancy, is amended to read as follows: 309.1 Use or Occupancy. Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. (h) Section 309.3, Certificate Issued, is amended to read as follows: 309.3 Certificate Issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws which are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy which shall contain the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner's authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the code official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy in accordance with the provisions of the California Building Code . 9. The type of construction as defined in the California Building Code. 10. The design occupant load and any impact the alteration has on the design occupant load of the area not within the scope of the work. 11. If fire protection systems are provided, whether the fire protection systems are required. 12. Any special stipulations and conditions of the building permit. Page 178 of 215 ORDINANCE NO. PAGE 6 (i) Table 3.1 reads as follows: I. A fee as set forth by resolution of the City Council shall be charged for all building permits for the purposes of funding the City of Arroyo Grande Planning Program. J. A fee of twenty dollars ($20.00) per permit for all permit transactions shall be charged. This fee shall be collected for the exclusive use of improving the Information Management System and the transferring of legacy files into that system. 15.01.020 Adoption of California Building Code. For the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures in the City, the 2022 California Building Code (CBC), excluding Chapter 29, Plumbing systems, and including Appendix J, Grading, as promulgated by the California Building Standards Commission, which incorporates the 2021 Edition of the International Building Code with California amendments, is hereby adopted by reference thereto as if fully set forth in this chapter, save and except such portions as are deleted, modified, or amended by the provisions of this chapter. Copies of the 2022 California Building Code are on file in the office of the City Clerk and Building Official. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive code providing the highest level of safety as determined by the Building Official shall prevail. 15.01.020.1 Amendments to California Building Code. (a) CBC, Section 105.1, is hereby amended by adding the following: Permits Required and Violations and Penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor. Each day that a violation continues shall be deemed a separate offense. The Building Official or his/her designee may commence any or all of the following proceedings in accordance with the Arroyo Grande Municipal Code: (1) Issue an administrative citation in accordance with the provisions of Chapter 18 of Title 1 of the Arroyo Grande Municipal Code and related written policies. (2) Issue a court citation (Notice to Appear) in accordance with the provisions of Chapter 16 of Title 1 of the Arroyo Grande Municipal Code and related written Page 179 of 215 ORDINANCE NO. PAGE 7 policies. (3) Request the City Attorney to institute legal action. (b) CBC, Appendix B, Board of Appeals is amended as follows: 1. Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The building official shall serve a s clerk to the board. 2. Membership and qualifications. The board of appeals shall consist of three members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the city. 3. Procedures. The board of appeals shall follow the procedures for the conduct of appeals set forth in Title 1, Chapter 12, Appeals of the Arroyo Grande Municipal Code, or as may be established by the building official and shall provide for proper notice and a hearing that complies with due process procedures. SECTION 4. AGMC Chapter 15.02, entitled "Electrical Code," is hereby added as follows: Chapter 15.02 ELECTRICAL CODE 15.02.010 Adoption of California Electrical Code. For the purposes of prescribing regulations governing electrical systems, the 2022 California Electrical Code (CEC) promulgated by the California Building Standards Commission, which incorporates the adoption of the 2020 Edition of the National Electrical Code, is hereby adopted by reference thereto as if fully set forth in this chapter, save and except such portions as are deleted, modified, or amended by the provisions of this chapter. Copies of the 2022 California Electrical Code are on file in the office of the City Clerk and Building Official. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive code providing the highest level of safety as determined by the Building Official shall prevail. 15.02.010.1 Amendments to Electrical Code. The California Electrical Code adopted by reference by Section 15.02.010 of this Code is amended as follows: 89.108.4.1 Permits is hereby amended by adding the following: Page 180 of 215 ORDINANCE NO. PAGE 8 (a) Permit Issuance. Permits shall be issued only to: (1) Owners of single-family dwellings provided the work for which the permit is sought is to be on a dwelling to be occupied by the permittee. (2) Electrical contractors holding a valid State Electrical Contractor’s license; (3) Governmental agencies; (4) State licensed general or specialty contractors within the scope of their licenses; and (5) Plant electricians certified by tests given by recognized electrical safety training organizations, may secure permits for plant maintenance work when duly authorized by individual plant management on an annual basis. (II) The following provision is hereby added to the CEC regarding Dangerous Electrical Equipment: For the purposes of this chapter, any electrical equipment existing in any type occupancy which has any or all of the conditions or defects described as follows shall be deemed dangerous, and such equipment shall be replaced, repaired, reinstalled, reconstructed, or removed: (1) The service panels show visual evidence of an excessive number of overloads. (2) The working area in front of any service panel is insufficient for the safe maintenance and repair of equipment. (3) Live front panels are being maintained or used. (4) The fuses are rated higher than those permitted by the California Electrical Code. (5) The electrical conductor is in an unapproved raceway. (6) The electrical conductors from different classes of service are in a common raceway. (7) Drop cords greater than six (6') feet in length are used to connect electrical appliances. (8) The electrical equipment is not properly grounded for the protection of the electrical equipment as determined by the use being made thereof. (9) The electrical equipment is broken, cracked, or not properly maintained to meet the standards existing at the time the equipment was approved. Page 181 of 215 ORDINANCE NO. PAGE 9 (10) The electrical equipment is unsafe for the use intended. (11) The electrical Equipment is not installed in compliance with its listing. (III) The following provision is hereby added to the CEC regarding Authority to Condemn Installations: (1) When the Building Official determines that an electrical installation is in violation of this chapter, an order shall be given to the owner or person in responsible charge of the installation to either remove or replace the installation. The order shall be in writing and shall be mailed or personally delivered to such person. It shall specify the particulars in which the insta llation is in violation and shall fix a reasonable time for compliance with the order. In cases of extreme danger to life or property, as determined by the Building Official, the order shall further require that all persons immediately cease using electric current through the installation, and the Building Official shall have the authority to immediately physically disconnect the installation. (2) If any violation continues to exist beyond the expiration of the time fixed by the order, the Building Official is authorized to physically disconnect the portion of the installation in violation or order the serving agency to disconnect electric service to the consumer’s wiring system. (VI) The following provision is hereby added to the CEC regarding Unused Facilities: (1) For all existing commercial and industrial establishments and places of assembly, when the service has been disconnected for ninety (90) continuous days or more, the service may not be reconnected without an inspection and approval from the Building Official. A permit shall be required for such inspection, and the fee shall be as set forth in Section 15.1.01.1 of this Article. (2) For all existing residential buildings, when the service has been disconnected for ninety (90) continuous days or more, the service may not be reconnected without an inspection and approval from the Building Official. A permit shall be required for such inspection, and the fee shall be as indicated in Section 15.1.01.1 of this Article. SECTION 5. AGMC Chapter 15.03, entitled "Mechanical Code," is hereby added as follows: Chapter 15.03 MECHANICAL CODE 15.03.010 Adoption of California Mechanical Code. For the purposes of prescribing regulations governing mechanical systems, the 2022 California Mechanical Code (CMC) promulgated by the California Building Standards Commission, which incorporates the adoption of the 2021 Edition of the Uniform Page 182 of 215 ORDINANCE NO. PAGE 10 Mechanical Code, excluding Table 104.5, is hereby adopted by reference thereto as if fully set forth in this chapter, save and except for portions as are deleted, modified, or amended by the provisions of this chapter. Copies of the 2022 California Mechanical Code are on file in the office of the City Clerk and Building Official. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and a ny other City, State or Federal Code should arise, the most restrictive code providing the highest level of safety as determined by the Building Official shall prevail. SECTION 6. AGMC Chapter 15.04, entitled "Plumbing Code," is hereby added as follows: Chapter 15.04 PLUMBING CODE 15.04.010 Adoption of the California Plumbing Code. For the purposes of prescribing regulations governing plumbing systems, the 2022 California Plumbing Code (CPC) promulgated by the California Building Standards Commission, which incorporates the adoption of the 2021 Edition of the Uniform Plumbing Code, excluding Table 104.5, is hereby adopted by reference thereto as if fully set forth in this chapter, save and except for portions as are deleted, modified, or amended by the provisions of this chapter. Copies of the 2022 California Plumbing Code are on file in the office of the City Clerk and Building Official. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive code providing the highest level of safety as determined by the Building Official shall prevail.) 15.04.010.1 Amendments to Plumbing Code. The California Plumbing Code adopted by reference by Section 15.04.010 of this Code is amended as follows: (a) The following provision is hereby added to the CPC to read as follows: Section 1305.1.1 In all existing commercial and industrial establishments and places of assembly, when the service has been discontinued for ninety (90) days or more, the gas meter may be turned on only after the piping has been pressure tested and when the test and gas appliances have been approved by the Administrative Authority. A permit shall be required for such test. In all existing residential buildings where service has been discontinued for ninety (90) days or longer, the gas may be turned on only after the piping has been pressure tested and when the test and gas appliances have been approved by the Administrative Authority. A permit shall be required for such test. Page 183 of 215 ORDINANCE NO. PAGE 11 SECTION 7. AGMC Chapter 15.05, entitled "Dangerous Buildings," is hereby added as follows: Chapter 15.05 DANGEROUS BUILDINGS 15.05.010 Uniform Code for the Abatement of Dangerous Buildings adopted. For the purpose of providing a just, equitable, and practicable method, to be cumu lative with and in addition to any other remedy provided by the Uniform Building Code, 1997 Edition, or Uniform Housing Code, 1997 Edition, or otherwise available at law, whereby buildings or structures, which from any cause endanger the life, limb, health , morals, property, safety, or welfare of the general public or their occupants, may be required to be repaired, vacated, or demolished, the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, as prepared by the International Confere nce of Building Officials, three (3) copies of which have been filed for use and examination by the public in the office of the City Clerk as provided by Section 50022.1 et seq. of the Government Code of the State, is hereby adopted by reference thereto as if fully set forth in this chapter. SECTION 8. AGMC Chapter 15.06, entitled "Swimming Pools," is hereby added as follows: Chapter 15.06 SWIMMING POOLS 15.06.010 Purpose. 15.06.020 Enforcement. 15.06.030 Permits: Fees. 15.06.040 Fencing. 15.06.050 Notices to power companies. 15.06.060 Inspections. 15.06.070 Public pools: County jurisdiction. 15.06.010 Purpose. This chapter is enacted to provide for the protection of the public safety, health, and welfare by establishing minimum standards for the construction and installation, repair, and maintenance of public or private swimming pools and equipment; requiring pe rmits and inspections; and by setting forth administration enforcement standards prescribing penalties for the violation thereof. For the purposes of regulating the erection, construction, enlargement, alteration, repair, moving, removal, and maintenance of plumbing systems in swimming pools, spas, and hot tubs and providing the issuance of permits, the 2021 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code as published by the International Association of Plumbing and Mechanical Officials is hereby adopted by reference thereto as if fully set forth in this chapter, save and except for portions as are deleted, modified, or amended by the provisions of this chapter. Copies of the 2021 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code are on file in the office of the City Clerk and Building Official. Any changes made by the International Association of Plumbing and Mechanical Officials Page 184 of 215 ORDINANCE NO. PAGE 12 applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this code and any other City, State or Federal code should arise, the most restrictive code providing the highest level of safety as determined by the Building Official shall prevail. 15.06.020 Enforcement. (a) Administrative Authority. The Building Official or his/her appointed assistants or deputies are designated as the “Administrative Authority” wherever that term is used in this chapter. (b) Enforcement. The Building Inspection Division, under the direction of Administrative Authority, shall have jurisdiction over the enforcement of the provisions of this chapter. 15.06.030 Permits: Fees. See Tables B-1, E-1, M-1, P-1 in Section 15.1.01.1. 15.06.040 Fencing. (A) All pool barriers shall comply with the California Health and Safety Code Sections 115920 through 115929 (Swimming Pool Safety Act.) 15.06.050 Notices to power companies. The applicant shall notify the company furnishing electrical power when electrical lines or other installations subject to the rulings of the Public Utilities Commission of the State encroach upon a pool site within ten feet (10') horizontally from a swimming pool, diving board, or platform. (Decision will be made according to State of California Public Utilities Commission General Order No. 95 or other applicable regulation). 15.06.060 Inspections. Swimming pool inspections shall be requested by the applicant on the completion of stages of construction as follows: (a) The excavation and installation of the reinforcement steel, pool drain, rough plumbing, rough pool piping, and bonding, prior to the placing of Gunite, Shotcrete, or concrete; (b) The installation of the rough electrical; (c) Pre-deck inspection after all grading is complete and forms are set and ready for concrete placement; (d) The pool fence and/or alarm inspection shall be completed before a pool is plastered or filled with water; and Page 185 of 215 ORDINANCE NO. PAGE 13 (e) A final inspection must be approved prior to plastering or filling the pool. 15.06.070 Public pools: County jurisdiction. Plans for public pools in addition to being submitted to the City of Arroyo Gran de Building Division shall be submitted to the County of San Luis Obispo Environmental Health Department for their approval. SECTION 9. AGMC Chapter 15.07, entitled "Small Residential Rooftop Solar Energy Systems," is hereby added as follows: Chapter 15.07 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS Sections: 15.07.010 Purpose. 15.07.020 Definitions. 15.07.030 Applicability. 15.07.040 Solar energy system requirements. 15.07.050 Duties of Building Department and Building Official. 15.07.060 Permit review and inspection requirements. 15.07.010 Purpose. The purpose of this chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Arroyo Grande, and expanding the ability of property owners to install solar energy systems. This chapter allows the City of Arroyo Grande to achieve these goals while protecting the public health and safety. 15.07.020 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (b) “Common interest development” means any of the following: (i) A community apartment project. (ii) A condominium project. (iii) A planned development. Page 186 of 215 ORDINANCE NO. PAGE 14 (iv) A stock cooperative. (c) “Electronic submittal” means the utilization of one or more of the following: (i) Email; (ii) The Internet; (iii) Facsimile. (d) “Reasonable restrictions on a solar energy system” means those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. (e) “Restrictions that significantly increase the cost of the system or decrease its efficiency or specified performance” means: (i) For water heater systems or solar swimming pool heating systems: an amount exceeding ten percent (10%) of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding ten percent (10%), as originally specified and proposed. (ii) For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent (10%) as originally specified and proposed. (f) “Small residential rooftop solar energy system” means all of the following: (i) A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal. (ii) A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the City of Arroyo Grande and all State and City of Arroyo Grande health and safety standards. (iii) A solar energy system that is installed on a single or duplex family dwelling. (iv) A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Arroyo Grande. (g) “Solar energy system” means either of the following: (i) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. Page 187 of 215 ORDINANCE NO. PAGE 15 (ii) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. (h) “Specific, adverse impact” means a significant, quantifiab le, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 15.07.030 Applicability. (a) This chapter applies to the permitting of all small residential rooftop solar energy systems in the City of Arroyo Grande. (b) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit. 15.07.040 Solar energy system requirements. (a) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State and the City of Arroyo Grande Building and Fire Departments. (b) Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code. (c) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. 15.07.050 Duties of Building Department and Building Official. (a) All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible City of Arroyo Grande website. (b) Electronic submittal of the required permit application and documents by email, the Internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants. (c) An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. Page 188 of 215 ORDINANCE NO. PAGE 16 (d) The City of Arroyo Grande’s Building Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. (e) The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research. (f) All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Sections 65850.55, 66015, and 66016, and State Health and Safety Code Section 17951. 15.07.060 Permit review and inspection requirements. (a) The City of Arroyo Grande Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within thirty (30) days of the adoption of this chapter. The Building Department shall issue a permit or other nondiscretionary permit the following business day for over-the-counter applications which are deemed complete or within three (3) business days for electronic applications of receipt of a complete application and meets the requirements of the approved checklist and standard plan. A Building Official may require an applicant to apply for a use permit if the Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the City of Arroyo Grande Appeals Board. (b) Review of the application shall be limited to the Building Official’s review of whether the application meets local, State, and Federal health and safety requirements. (c) If a use permit is required, the Building Official may deny an application for the use permit if the Official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the City of Arroyo Grande Appeals Board. (d) Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. (e) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation does not significantly increase the cost of the system or decrease its efficiency or specified performance. Page 189 of 215 ORDINANCE NO. PAGE 17 (f) The City of Arroyo Grande shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code. (g) If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. (h) Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed if deemed required by the Arroyo Grande Fire Department. (i) The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and provide a four (4) hour inspection window. (j) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter SECTION 10. AGMC Chapter 15.08, entitled “Construction Site Maintenance and Sanitation,” is hereby renumbered as Chapter 15.12. SECTION 11. AGMC Chapter 15.08, entitled "Residential Code," is hereby added as follows: Chapter 15.08 RESIDENTIAL CODE 15.08.010 Adoption of the California Residential Code. For the purposes of prescribing regulations governing one - and two-family dwellings, the 2022 California Residential Code (CRC) promulgated by the California Building Standards Commission, which incorporates the adoption of the 2018 Edition of the International Residential Code, is hereby adopted by reference thereto as if fully set forth in this chapter. Copies of the 2022 California Residential Code are on file in the office of the City Clerk and Building Official. Any changes made by th e California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive code providing the highest level of safety as determined by the Building Official shall prevail. SECTION 12. AGMC Chapter 15.09, entitled "Energy Code," is hereby added as follows: Page 190 of 215 ORDINANCE NO. PAGE 18 Chapter 15.09 ENERGY CODE 15.09.010 Adoption of the California Energy Code. For the purposes of prescribing regulations governing energy conservation standards for all residential and nonresidential buildings, the 2022 California Energy Code, promulgated by the California Building Standards Commission, is hereby adopted by referen ce thereto as if fully set forth in this chapter. Copies of the 2022 California Energy Code are on file in the office of the City Clerk and Building Official. Any changes made by the California Building Standards Commission applicable to the City, includin g new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive code providing the highest level of safety as determined by the Building Official shall prevail. SECTION 13. AGMC Chapter 15.10, entitled “Safety Assessment Placards,” is hereby renumbered as Chapter 15.13. SECTION 14. AGMC Chapter 15.10, entitled "Green Building Standards Code," is hereby added as follows: Chapter 15.10 GREEN BUILDING STANDARDS CODE 15.10.010 Adoption of the California Green Building Standards Code. For the purposes of prescribing regulations governing residential and nonresidential buildings, the 2022 California Green Building Standards Code (CAL Green Code), promulgated by the California Building Standards Commission, is hereby adopted by reference thereto as if fully set forth in this chapter. Copies of the 2022 California Green Building Standards Code are on file in the office of the City Clerk and Building Official. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive code providing the highest level of safety as determined by the Building Official shall prevail. SECTION 15. AGMC Chapter 15.11, entitled "Electric Vehicle Charging Stations," is hereby added as follows: Chapter 15.11 ELECTRIC VEHICLE CHARGING STATIONS Sections: 15.11.010 Purpose. 15.11.020 Definitions. 15.11.030 Expedited permitting process. 15.11.040 Permit application processing. 15.11.050 Technical review. Page 191 of 215 ORDINANCE NO. PAGE 19 15.11.060 Electric vehicle charging station installation requirements. 15.11.010 Purpose. The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This chapter is also purposed to comply with California Government Code Section 65850.7. 15.11.020 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (b) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (c) “Electronic submittal” means the utilization of one or more of the following: a. Electronic mail or email. b. The internet. c. Facsimile. 15.11.030 Expedited permitting process. Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s checklist shall be published on the City’s website. 15.11.040 Permit application processing. (a) Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes , but is not limited to: electrical system capacity and loads; electrical system wiring, bonding Page 192 of 215 ORDINANCE NO. PAGE 20 and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. (b) A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City’s checklist, and are consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until a final inspection is approved by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. (c) Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other docume ntation in lieu of a wet signature by any applicant. 15.11.050 Technical review. (a) It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life -safety situations. (b) In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080. 15.11.060 Electric vehicle charging station installation requirements. (a) Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a municipal electric utility company regarding safety and reliability. (b) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. (c) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of Page 193 of 215 ORDINANCE NO. PAGE 21 the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load. (d) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements. SECTION 16. AGMC Sections 8.04.010, 8.04.016, 8.04.018, 8.04.020 and 8.04.22 are hereby amended to read as follows: 8.04.010 - Adoption of California Fire Code. There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain code known as the 2022 California Fire Code, including Appendix Chapters 4, A, B, BB, C, CC, D, E, F, H, I and O; the 2018 International Property Maintenance Code as published by the International Code Council, the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by the rest of this chapter, one copy of which has been and is now filed in the office of building and life safety of the City of Arroyo Grande and the same is hereby adopted and incorporated as fully as if set out in full herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the city of Arroyo Grande. 8.04.016 - Section [A] 112.4 amended: Violation penalties. A. Section [A] 112.4 of the 2022 California Fire Code is amended to read as follows: Persons who shall violate the provisions of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire chief or the building official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 8.04.018 - Section [A] 113.4 amended: Failure to comply. A. Section 113.4 of the 2022 California Fire Code is amended in its entirety to read as follows: Any person who shall continue any work after having been served with a stop work order, except such work as the person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than triple the amount charged for the original permit fee(s) or one thousand dollars ($1,000.00), provided, however, that the maximum fine shall not exceed one thousand dollars ($1,000.00). Each day that a violation continues shall be deemed a separate offense. Page 194 of 215 ORDINANCE NO. PAGE 22 8.04.020 - Section 903.2 amended—Automatic sprinkler systems. Sections 903.2 through 903.2.11.3 of the 2022 California Fire Code shall be deleted in its entirety and replaced with the following: 903.2 Where required. Automatic sprinkler systems shall be installed in the following locations: 1. In all new buildings and structures that exceed 1,000 square feet. 2. In additions or alterations for all buildings or structures as follows: a. Throughout structures where additions add more than 50% of the existing square footage to the structure AND results in a total square footage in excess of 1,000 (one thousand) square feet. b. Throughout existing structures where alterations encompass more than 50% of the existing square footage of the structure AND is in excess of 1,000 (one thousand) square feet. c. Throughout structures where additions and alterations combined encompass more than 50% of the existing square footage of the structure AND are in excess of 1,000 (one thousand) square feet. d. Where there is a change of occupancy to a more hazardous use as determined by the building official or fire chief based on Table 903.2.1: Table 903.2.1 Hazard Categories Relative Hazard Occupancy Classifications 1 (Highest Hazard) H 2 I-2, I-2.1, I-3, I-4, L 3 A, E, I-1, M, R-1, R-2, R-2.1, R-4 4 B, F-1, R-3, R-3.1,S-1 5 (Lowest Hazard) F-2, S-2, U e. These requirements will be applicable to the combined square footage of all building permits issued for the address or site within the last five years. Buildings or structures separated by less than ten (10) feet shall be considered as a single building or structure unless separation is provided by a permitted, code compliant, rated assembly. Page 195 of 215 ORDINANCE NO. PAGE 23 f. In buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled. For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building (measured from the exterior surface of these exterior walls). For the purpose of calculating square footage for the application of fire sprinkler requirements and fire flow, the floor area shall be as defined by Floor Area Gross in Section 202 of this code. The provisions of this section shall not apply to those occupancies regulated by section R313 of the 2022 California Residential Code and those sections of R313 shall apply. 8.04.022 - Appendix D 2022 California Fire Code Section D107.1. Appendix D 2022 California Fire Code section D107.1 is hereby amended as follows: delete exception 1. SECTION 17. Within fifteen (15) days after passage of this Ordinance, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City. SECTION 18. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 19. 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 o f 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 Council Member ___________, seconded by Council Member ___________, and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was passed and adopted this 24th day of January 2023. Page 196 of 215 ORDINANCE NO. PAGE 24 __________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ WHITNEY MCDONALD, CITY MANAGER APPROVED AS TO FORM: ___________________________________ TIMOTHY J. CARMEL, CITY ATTORNEY Page 197 of 215 Attachment 2 – Staff Report and Minutes from the January 10, 2023 City Council Meeting are available as links: Adoption of Resolution and Introduction of Ordinance Regarding 2022 Building and Fire Codes Minutes from the January 10, 2023 City Council Meeting Page 198 of 215 ATTACHMENT 3 Page 199 of 215 Page 200 of 215 Page 201 of 215 Page 202 of 215 Page 203 of 215 City Council Receive an Update on Progress Toward Council Goals and Priorities January 24, 2023 Page 1 Item 11.a. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager BY: Aleah Bergam, Management Analyst SUBJECT: Receive an Update on Progress Toward Council Goals and Priorities DATE: January 24, 2023 SUMMARY OF ACTION: Update regarding the progress made toward meeting the City Council’s Goals and Priorities for Fiscal Year 2022-23. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no financial impacts associated with receipt of the update regarding progress toward meeting Council’s Fiscal Year 2022-23 Goals and Priorities. RECOMMENDATION: Receive an update regarding progress toward the City Council’s Fiscal year 2022 -23 Goals and Priorities. BACKGROUND: On April 27, 2021, Council considered and approved a list of Council Goals and Priorities for Fiscal Year 2021-23 (Goals and Priorities) to help direct the work of the Council and City staff during the applicable biennial budget cycle. The identified Goals and Priorities were grouped under three main categories: Investing in the Future, Investing in the City’s Infrastructure and Facilities, and Investing in People. A number of key considerations guided the development of the Goals and Priorities, inclu ding the top 10 Priorities not completed during Fiscal Year 2020-21, items identified as new priorities as a result of the work completed in Fiscal Year 2020-21, items required to support the ongoing operations of the City’s enterprises and infrastructure, and emergent needs continuing to result from the COVID-19 pandemic and turnover in City staff. The Goals and Priorities were updated as part of the Fiscal Year 2021-23 Biennial Budget presentation and adopted in June 2021 to include estimated time frames for completion. While the Goals and Priorities were incorporated into the Biennial Budget, which spans two years, the identified work items Page 204 of 215 Item 11.a. City Council Receive an Update on Progress Toward Council Goals and Priorities January 24, 2023 Page 2 Page Number focused on Fiscal Year 2021-22 with a stated intent to review and update the Council approved Goals and Priorities each year. On February 22, 2022, Council received an update regarding the City’s progress on completing the identified Goals and Priorities for Fiscal Year 2021 -22, with a focus on the first half of the Fiscal Year. Significant progress was made toward accomplishing a number of Goals and Priorities for Fiscal Year 2021-22, however, some items experienced delays due to emergent priorities and issues. Staff conducted an internal process to review and adjust the Goals and Priorities as needed for Fiscal Year 2022-23 taking into account direction received from Council during the Fiscal Year and current resource constraints. A redlined version of the Goals and Priorities for Fiscal Year 2021-23 was provided, and on May 10, 2022, Council approved the proposed updated City Council Goals and Priorities for Fiscal Year 2022-23 (Updated Goals and Priorities) (Attachment 1). This report provides an update regarding the City’s progress on completing the identified Goals and Priorities for Fiscal Year 2022-23, with a focus on the first half of the Fiscal Year. Page 205 of 215 City Council Receive an Update on Progress Toward Council Goals and Priorities January 24, 2023 Page 3 Item 11.a. ANALYSIS OF ISSUES: Significant progress has been made toward accomplishing a number of G oals and Priorities for Fiscal Year 2022-23. Some items, however, have experienced delays and will take more time to complete or are ongoing in nature. Table 1 below identifies each Goal and Priority, and an update on completion status. Key ഠ Not started ◔ In Progress ◑ Ongoing ⬤ Completed Table 1 Category Goal/Priority Task Update Status Investing in the Future Begin comprehensive General Plan update RFP for General Plan Update consultant closed; staff reviewing current proposals ◔ Initiate and/or complete housing initiatives funded by grant programs Regional pre-approved ADU plans Pre-approved plans expected to be available to the public by February 2023 ◔ Objective design standards Consider incorporating objective design standards into comprehensive General Plan update ◔ Page 206 of 215 Item 11.a. City Council Receive an Update on Progress Toward Council Goals and Priorities January 24, 2023 Page 4 Category Goal/Priority Task Update Status Complete ADU ordinance and amendments Completed Fall 2022 ⬤ Pursue short- and long-term water resiliency options as directed by the City Council and evaluate ongoing drought response efforts: Form Central Coast Blue (CCB) Joint Powers Authority Joint Powers Authority formed in Fall 2022 ⬤ Participate in CCB joint City Council meetings First joint City Council meeting took place in September 2022 ◑ Participate in CCB Technical Advisory Committee and support ongoing development and financing of project Ongoing; Committee meetings occur at least monthly ◑ Pursue a short-term water purchase agreement with Oceano CSD Preliminary discussions held, but reevaluation of this item is warranted in light of current and projected increases in water supply at Lake Lopez ◔ Complete Urban Water Management Plan Update Urban Water Management Plan Update anticipated in Winter/Spring 2023 ◔ Provide two-year look ahead on water supply and drought responses Delayed from Summer/Fall 2022 to correspond with Urban Water Management Plan, expected in Winter/Spring 2023 ◑ Page 207 of 215 Item 11.a. City Council Receive an Update on Progress Toward Council Goals and Priorities January 24, 2023 Page 5 Category Goal/Priority Task Update Status Complete Lopez Reservoir/Zone 3 Contract Amendments Completed Fall 2022 ⬤ Continue support for existing and new economic development initiatives Determine whether to conduct baseline analysis of existing and future business needs Incorporate into comprehensive General Plan update process consideration of baseline analysis to occur with discussion of comprehensive General Plan update scope ◔ Complete development and implementation of permanent parklet program Parklet Program Ordinance and policies adopted on October 11, 2022 ⬤ Evaluate the potential to enable cannabis businesses in Arroyo Grande Incorporate into comprehensive General Plan update process considering potential to enable cannabis businesses in Spring 2023 ◔ Support regional efforts to address homelessness and emergency shelter needs Pursue 5Cities Homeless Coalition proposal to develop a South County shelter using ARPA funding Coordinate the development of a shelter project proposal for presentation in Spring 2023 ◑ Page 208 of 215 Item 11.a. City Council Receive an Update on Progress Toward Council Goals and Priorities January 24, 2023 Page 6 Category Goal/Priority Task Update Status Develop a limited safe parking program Present a potential limited safe parking program in Winter 2023 ◑ Evaluate and complete next steps for ongoing fire and emergency response services through the Five Cities Fire Authority following outcome of Oceano CSD ballot measure Consultant report providing an assessment and recommendations expected late February/early March 2023, with a proposed revised agreement for fire service completed by June 2023 ◔ Investing in City Infrastructure and Facilities Pursue sales tax measure and potential long-term financing for pavement maintenance and other infrastructure maintenance needs Completed ⬤ Complete design and/or begin construction of key infrastructure projects, including: Pursue and obtain federal grants to provide funding for project Brisco Interchange Project costs before design contract is awarded Completed federal grant application for the Brisco Interchange Project. Received notice in Fall/Winter 2022/2023 that grants were not awarded. Future discussion with Council to occur in Winter/Spring 2023 regarding next steps. ◔ Page 209 of 215 Item 11.a. City Council Receive an Update on Progress Toward Council Goals and Priorities January 24, 2023 Page 7 Category Goal/Priority Task Update Status Traffic Way Bridge Replacement Traffic Way Bridge Replacement design expected to be complete by the end of 2023 and construction expected to begin Summer 2024 ◔ Swinging Bridge Rehabilitation Swinging Bridge Rehabilitation construction expected to begin Spring 2023 ◔ Initiate Alternative Transportation Plan preparation utilizing grant funding The RFP for the Alternative Transportation Plan has closed, with consultant services expected in spring 2023. ◔ Initiate or complete stormwater, water, and wastewater projects funded using ARPA revenue Various stormwater, water, and wastewater projects funded using ARPA revenue will begin or be completed in FY 2022-23 ◔ Evaluate and select options for replacing the Mark M. Millis Community Center Discussions are underway with a design consultant and potential community partners. A report to Council is expected in Spring 2023 ◔ Page 210 of 215 Item 11.a. City Council Receive an Update on Progress Toward Council Goals and Priorities January 24, 2023 Page 8 Category Goal/Priority Task Update Status Complete a comprehensive fee study and consider adjusting City fees, including impact fees Consultant work is underway with a completed study expected in Summer 2023 ◔ Investing in People Implement Diversity, Equity, and Inclusion initiatives Pursue educational opportunities for staff and City officials Attendance at webinars and educational opportunities occur at least quarterly. Community partners are conferred with regularly to assess needs and continue progress. ◑ Maintain and increase public engagement with the City Increase public outreach through surveys, social media engagement, and events Community Survey initiated in January 2023 as part of upcoming Council goal- setting process ◑ Modernize technologies and systems in key areas: Modernize public safety cameras Public safety camera upgrades are expected to be completed by early Spring 2023 ◔ Modernize Human Resources processes Human resources software systems will be implemented by Winter/Spring 2023 ◔ Modernize agenda management software Agenda management software will continue to be implemented in 2023 ◑ Page 211 of 215 Item 11.a. City Council Receive an Update on Progress Toward Council Goals and Priorities January 24, 2023 Page 9 Category Goal/Priority Task Update Status Modernize accounting software Accounting management software procurement expected in Winter 2023 with implementation of software to begin in July 2023. ◔ Focus resources and implement efficiencies to ensure optimized service levels within core City functions Ongoing. New Management Analyst working on identifying new efficiencies. ◑ Evaluate and implement employee retention, attraction, recruitment, development, and support strategies Ongoing. A City-wide salary survey is underway and expected to be completed in Winter 2023. ◑ Page 212 of 215 City Council Receive an Update on Progress Toward Council Goals and Priorities January 24, 2023 Page 10 Item 11.a. Staff will continue making progress toward meeting the Goals and Priorities established for Fiscal Year 2022-23, as described above. A new goal-setting process will be undertaken in early March 2023 to establish new the Goals and Priorities for the upcoming Biennial Budget. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Receive an update regarding progress toward the City Council’s Fiscal Year 2022 - 23 Goals and Priorities; 2. Provide other direction to staff. ADVANTAGES: Receiving the status report on the Fiscal Year 2022-23 Goals and Priorities provides an update to the Council and the public on the City’s efforts toward completing and accomplishing a number of vital work efforts. This review may assist in the development of new goals and priorities for the upcoming Biennial Budget. DISADVANTAGES: There are no disadvantages at this time. ENVIRONMENTAL REVIEW: No environmental review is required for this item. 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. Updated Fiscal Year 2022-23 Goals and Priorities Page 213 of 215 Council Goals and Priorities for Fiscal Year 2022-23 Investing in the Future •Begin comprehensive general plan update ATTACHMENT 1 •Initiate and/ or complete housing initiatives funded by grant programs o Regional pre-approved ADU plans o Objective design standards •Complete ADU ordinance amendments •Pursue short-and long-term water resiliency options as directed by the City Council and evaluate ongoing drought response efforts: o Central Coast Blue ■ Form Joint Powers Authority ■ Participate in joint City Council meetings ■ Participate in Technical Advisory Committee and support ongoing development and financing of project o Pursue a short-term water purchase agreement with Oceana CSD o Complete Urban Water Management Plan Update o Provide two-year look ahead on water supply and drought responses o Complete Lopez Reservoir/ Zone 3 Contract Amendments •Continue support for existing and new economic development initiatives o Complete development and implementation of permanent parklet program o Determine whether to conduct baseline analysis of existing and future business needs o Evaluate the potential to enable cannabis businesses in Arroyo Grande •Support regional efforts to address homelessness and emergency shelter needs o Pursue 5Cities Homeless Coalition proposal to develop a South County shelter using ARP A funding o Develop a limited safe parking program Evaluate and complete next steps for ongoing fire and emergency response services through the Five Cities Fire Authority following outcome of Oceana CSD ballot measure Investing in City Infrastructure and Facilities •Pursue sales tax measure and potential long-term financing for pavement maintenance and other infrastructure maintenance needs •Complete design and/ or begin construction of key infrastructure projects, including: o Brisco Interchange Project ■ Pursue and obtain federal grants to provide funding for project costs before design contract is awarded o Traffic Way Bridge Replacement o Swinging Bridge Rehabilitation o Initiate Alternative Transportation Plan preparation utilizing grant funding o Initiate or complete stormwater, water, and wastewater projects funded using ARP A revenue Page 214 of 215 •Evaluate and select options for replacing the Mark M. Millis Community Center •Complete a comprehensive fee study and consider adjusting City fees, including impact feesInvesting in People •Implement Diversity, Equity, and Inclusion initiatives o Pursue educational opportunities for staff and City officials •Maintain and increase public engagement with the City o Increase public outreach through surveys, social media engagement, and events •Modernize technologies and systems in key areas, such as public safety cameras, human resources processes, and accounting and agenda management software systems •Focus resources and implement efficiencies to ensure optimized service levels within core City functions •Evaluate and implement employee retention, attraction, recruitment, development, and support strategies Page 215 of 215