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CC 2023-02-28 Agenda Package_V1CITY COUNCIL MEETING AGENDA SUMMARY Tuesday, February 28, 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/86752345420 Please click the link above to join the Zoom Meeting: Webinar ID: 867 5234 5420 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 5.AGENDA REVIEW 5.a Closed Session Announcements Announcement of reportable actions taken, if any, from the following meeting: Regular Meeting of February 14, 2023 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Government Code Section 54956.9(d)(1): Name of Case: Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV 770214. 5.b Ordinances read in title only None. 6.SPECIAL PRESENTATIONS 6.a Honorary Proclamation Recognizing March as Women’s History Month 6.b Recognition of Outgoing Advisory Body Members 6.c Central Coast Community Energy Special Presentation 6.d Update Regarding Countywide COVID-19 Efforts (McDONALD) Recommended Action: Receive update, accept public comments, discuss, and provide direction as necessary. 6.e 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. San Luis Obispo County Mayor's Meeting3. South San Luis Obispo County Sanitation District (SSLOCSD)4. Other5. 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: Brisco/Halcyon Interchange Subcommittee1. County Water Resources Advisory Committee (WRAC)2. Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT) 3. Integrated Waste Management Authority Board (IWMA)4. Page 2 of 174 REACH Economic Development Roundtable5. Other6. 7.e COUNCIL MEMBER SECREST: Air Pollution Control District (APCD)1. Brisco/Halcyon Interchange Subcommittee2. South County Chambers of Commerce Arroyo Grande Business Meeting3. South County Chambers of Commerce Governmental Affairs Committee4. Other 5. 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/86752345420; Webinar ID: 867 5234 5420• 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) Page 3 of 174 Recommended Action: 1) Ratify the attached listing of cash disbursements for the period of January 16 through January 31, 2023. 2) Determine that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) 9.b Consideration of Fiscal Year 2022-23 Second Quarter Status Report and Request to Approve Two Budget Adjustment Requests (VALENTINE) Recommended Action: Receive, consider, and file the FY 2022-23 Second Quarter Financial Status Report; and approve two Budget Adjustment Requests. 9.c Consideration of a Resolution Designating Authorized Agents for the City’s Application(s) for State and Federal Disaster Relief Funds (VALENTINE) Recommended Action: 1) Adopt a Resolution authorizing the City’s City Manager, Administrative Services Director, and Accounting Manager as authorized agents for completion of an application(s) for state and federal disaster cost recovery assistance. 2) Make findings that adopting the Resolution Designating Authorized Agents for the City’s Application(s) for State and Federal Disaster Relief Funds is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) 9.d Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the January 2023 Storm Events (McDONALD) Recommended Action: 1) Adopt a Resolution declaring a continued local emergency related to the January 2023 storm events. 2) Make findings that adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) 9.e Consideration of Adoption of a Resolution Terminating the Local Emergency Related to the COVID-19 Pandemic (McDONALD) Recommended Action: 1) Adopt a Resolution declaring the termination of a local emergency related to the Coronavirus (COVID-19) pandemic. 2) Make findings that the Resolution terminating a local emergency is not a project subject Page 4 of 174 to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) 9.f Consider Adoption of 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; 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; and 3) Make findings that the continuation of the emergency action and the update of the Emergency generator replacement project at FCFA Station 1 is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, and where none of the exceptions to the exemption apply. (State CEQA Guidelines, § 15302.) 9.g Consideration of Acceptance of the 2022 Pedestrian Crossing Improvements Project, PW 2021-08 (ROBESON) Recommended Action: 1) Accept the project improvements as constructed by G. Sosa Construction, Inc. in accordance with the plans and specifications for the 2022 Pedestrian Crossing improvement Project, PW 2021-08; 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) Find the Project improvements and completion of the Project exempt from the California Environmental Quality Act, under the CEQA Class 3 exemption, for the new construction of small strcutures. (State CEQA Guidelines, § 15303.) 9.h Consideration of a Resolution Accepting Public Improvements for Parcel Map PM AG17- 0073; Location – 189 Brisco Road (PEDROTTI) Recommended Action: 1) Adopt a Resolution accepting public improvements for PM AG17-0073 located at 189 Brisco Road. 2) Make a finding that the acceptance of public improvements for PM AG17-0073 is not a project under CEQA pursuant to State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378, because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment; or in the alternate, is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. Page 5 of 174 (b)(3).) 9.i Monthly Water Supply and Demand Update (ROBESON) Recommended Action: Receive and file the monthly Water Supply and Demand Update. 10.PUBLIC HEARINGS None. 11.OLD BUSINESS None. 12.NEW BUSINESS 12.a Receive an Update Regarding the Five Cities Fire Authority (FCFA) Wind-Down Process and Organizational Assessment (McDONALD) Recommended Action: Receive an Update Regarding the Five Cities Fire Authority (FCFA) Wind-Down Process and Organizational Assessment. 12.b Discussion of a Draft Safe Parking Ordinance (PEDROTTI) Recommended Action: Review staff’s proposed ordinance, receive public comment, and provide direction to staff. 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 CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8: Property: 400 West Branch Street Agency negotiators: Whitney McDonald, City Manager; Bill Robeson, Assistant City Manager/Public Works Director Negotiating parties: Dev Patel, on behalf of Kamla Hotels Under negotiation: Price and terms of payment 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 Page 6 of 174 the agenda are available for public inspection during regular business hours in the City Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Legislative and Information Services Department at 805-473-5400 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 174 Item 6.a.Page 8 of 174 Presentation to City of Arroyo Grande 02.28.2023 Judi Young Senior Customer Accounts Manager Item 6.c.Page 9 of 174 CCA Community Choice Aggregation Investor-Owned Utility Customers Purchases electricity on behalf of local communities; develops programs, rebates, and incentives Delivers electricity, maintains infrastructure, and handles billing Benefits from local control, competitive rates, and clean energy as well as CCA programs, rebates, and incentives Item 6.c.Page 10 of 174 Our Formation 2017 MBCP founded by Counties of Monterey, San Benito, Santa Cruz 2020 Service expands to Cities in San Luis Obispo County 2021 CCCE service expands to County of Santa Barbara Item 6.c.Page 11 of 174 Member Agencies in five counties 34 400,000+ Customers $1 billion Investment in renewable energy $26 million in customer programs Item 6.c.Page 12 of 174 Enrollment in communities 94% 5000 GWh Electricity delivered in 2022 45,049 Customers in unicorporated Santa Barbara County and Buellton enrolled in 2021/2022 Item 6.c.Page 13 of 174 Clean and Renewable Power03 Our Commitment Local Control01 Competitive Rates02 Community Reinvestiment04 Item 6.c.Page 14 of 174 Local Control01 Item 6.c.Page 15 of 174 COASTAL CITIES Marina Sand City, Seaside Del Ray Oaks* PENINSULA CITIES Carmel* Monterey Pacific Grove* SALINAS CITIES Greenfield Gonzales* Soledad SAN BENITO CITIES Hollister* San Juan Bautista SANTA CRUZ CITIES Capitola* Scotts Valley Our Governance SLO CITIES San Luis Obispo* Morro Bay SLO NORTH CITIES Paso Robles* Atascadero SLO SOUTH CITIES Arroyo Grande Grover Beach Pismo Beach* SB COUNTY CITIES Guadalupe Solvang* Buellton SB COUNTY CITIES Goleta Carpinteria*Item 6.c.Page 16 of 174 Our Focus Competitive Rates Provide affordable energy, competitive with incumbent utility Electrification Facilitate adoption of all- electric buildings and transportation Economic Growth Invest in local communities and help develop workforce Reduce emissions and promote reliability and local control GHG Reductions Item 6.c.Page 17 of 174 Competitive Rates02 Item 6.c.Page 18 of 174 Average Residential Savings Average approximate difference between PG&E and CCCE residential generation rates in 2022 18% Small to medium commercial* customers savings after March 2022 2% to 19% 0% 2% 4% 6% 8% 10% 12% 14% 16% 18% 20% 2018 2020 2022 *Because our IOU imposes an additional demand charge that we do not, we cannot provide a percent savings for large commercial and agriculture accounts.Item 6.c.Page 19 of 174 Clean & Renewable Power03 Item 6.c.Page 20 of 174 Procurement Targets 2030 Planned Resource Mix 2030 2025 60% 47%43%10% Solar Wind Geothermal 100% Item 6.c.Page 21 of 174 102 MW Solar + Storage 575 MW generation 183 MW storage 150 MW solar only Standalone Storage Geothermal 98 MW Wind 33 MW 9 5 4 1 Procurement Mix Executed contracts for 19 renewable energy projects Item 6.c.Page 22 of 174 Projects Online in 2022 Coso Geothermal 66 MW Generation 11% Annual Load January 2022 Slate Solar + Storage 68 MW Generation 34 MW Battery Storage 4% Annual Load March 2022 Mammoth Casa Diablo IV 7 MW Generation 1% Annual Load July 2022 22% Annual Load 234 MW 50 MW Rabbitbrush Solar + Storage 60 MW Generation 12 MW Storage 3% Annual Load October 2022 Mountain View Wind 33 MW Generation 3% Annual Load July 2022 Item 6.c.Page 23 of 174 Why electrify? Transportation accounts for 41% of CA emissions. Gas appliances account for 12%. Reduce GHG Emissions Gas appliances impact indoor air quality and public health. Diesel exhaust is linked to multiple serious conditions. Better Health Outcomes Every CCCE customer is on a pathway to carbon-free energy by 2030. Switching from gas to electric vehicles and appliances helps our region finish the job. Make an Impact Item 6.c.Page 24 of 174 Community Reinvestment04 Item 6.c.Page 25 of 174 FY 21/22:Community Reinvestment Electric School Bus $1.4M awarded to schools Est. 148 mT CO2 emissions avoided each year $2.4M awarded to customers Est. 2,500 mT CO2 emissions avoided each year $600K+ awarded to affordable housing Est. 170 mT CO2 emissions avoided each year Electrify Your Ride New Construction Electrification Item 6.c.Page 26 of 174 Residential Programs Service Description Price Electrify Your Ride Plug-In, Battery, Motorcycles, Leased, Used, Chargers and Readiness $1,000-$4,000 Electrify Your Home HVAC, Heat Pump Water Heater, Panel Replacement $450-$4,000 New Construction Electrification Fully electric Accessory Dwelling Units $5,000 Item 6.c.Page 27 of 174 Member Agencies $5,000 -$100,000 per unit Electrify Your Fleet Up to $100,000; additional funds to Plan Your Fleet Charge Your Fleet $100,000 budgeted for third-party implementation Reach Code Program Item 6.c.Page 28 of 174 Businesses $15,000 -$100,000, designed to cover between 70% -100% of project Ag Equipment $2,500 per affordable or farm worker housing unit New Construction Electrification Up to $150,000 for DCFC Level 3 Chargers Electrify Your Ride Item 6.c.Page 29 of 174 Underserved Communities Broadband initiative, support for contractors Workforce Development Farmworker Housing+Transportation Income-qualified customers eligible for extra $1,000 EYR + EYH rebates Additional Incentives Item 6.c.Page 30 of 174 3cenergy.org Item 6.c.Page 31 of 174 CREDITS: This presentation template was created by Slidesgo, including icons by Flaticon and infographics & images by Freepik Thanks Do you have any questions? 3CE.org info@3CE.org Item 6.c.Page 32 of 174 CREDITS: This presentation template was created by Slidesgo, including icons by Flaticon and infographics & images by Freepik Insert Power Source Map Item 6.c.Page 33 of 174 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: February 28, 2023 SUMMARY OF ACTION: Review and ratify cash disbursements. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is a $3,390,985.20 fiscal impact that includes the following items:  Accounts Payable Checks $2,356,252.20  Payroll & Benefit Checks $1,034,733.00 RECOMMENDATION: 1) Ratify the attached listing of cash disbursements for the period of January 16 through January 31, 2023. 2) Determine that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) BACKGROUND: Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Administrative Services staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City’s Purchasing Policies and Procedures Manual. Page 34 of 174 Item 9.a. City Council Consideration of Cash Disbursement Ratification February 28, 2023 Page 2 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. 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: Ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Gui delines, §§ 15060, subd. (b)(2)-(3), 15378.) PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. January 16 – January 31, 2023 – Accounts Payable Check Register 2. Payroll and Benefit Check Registers: January 18, 2023 & January 20, 2023 Employee Retention Incentive/Vacation Buy Back and January 27, 2023 Page 35 of 174 CITY OF ARROYO GRANDECHECK LISTINGJANUARY 16 - JANUARY 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name1 01/18/2023 296334 $ 109,629.58 FEDERAL WITHHOLDING 011.0000.2104 CITY OF ARROYO GRANDE2 01/18/2023 296334 59,151.14 SOCIAL SECURITY 011.0000.2105 CITY OF ARROYO GRANDE3 01/18/2023 296334 15,457.82 MEDICARE 011.0000.2105 CITY OF ARROYO GRANDE4 01/18/2023 296335 2,396.79 STATE SDI CONTRIBUTION 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT5 01/18/2023 296335 33,548.88 STATE PIT W/H 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT6 01/18/2023 296336 8,928.56 EE DEFERRED COMP 011.0000.2117 ICMA RETIREMENT CORP7 01/18/2023 296337 602.12 02/23 RETIREE MEDICAL 010.0000.1111 ICMA RETIREMENT CORP8 01/18/2023 296337 4,682.69 02/23 RETIREE MEDICAL 010.4099.5136 ICMA RETIREMENT CORP9 01/18/2023 296337 358.87 02/23 RETIREE MEDICAL 220.4303.5136 ICMA RETIREMENT CORP10 01/18/2023 296338 3,130.74 EE PARS CONTRIBUTION 011.0000.2107 US BANK OF CALIFORNIA11 01/18/2023 296338 782.67 ER PARS CONTRIBUTION 011.0000.2107 US BANK OF CALIFORNIA12 01/20/2023 296339 495.75 PICKLEBALL CT LED DRIVER & LIGHT 010.4213.5303 ALL WAYS ENERGY INC13 01/20/2023 296340 993.13 REC WINDOW 010.4213.5303 ARROYO GRANDE GLASS & MIRROR14 01/20/2023 296341 36.47 FLASHLIGHT & BATTERY 640.4712.5273 ARROYO GRANDE HOME & GARDEN15 01/20/2023 296342 205.00 12/22 VILLAGE WATERING, ELM ST 010.4420.5605 ARROYO GRANDE IN BLOOM INC16 01/20/2023 296343 34.04 ACCT#235841-39568063 ALARM 220.4303.5303 AT & T17 01/20/2023 296343 198.75 ACCT238451-01839190 RADIO 010.4145.5403 AT & T18 01/20/2023 296344 182.34 REPAIR BROKEN HOSE RETRACTOR ON FUEL PUMP 010.4305.5303 B & T SVC STN CONTRACTORS, INC19 01/20/2023 296344 145.00 MONTHLY D.O. INSPECTION 010.4305.5303 B & T SVC STN CONTRACTORS, INC20 01/20/2023 296345 211.76 PD-4608 MAINT & BRAKE INSPECTION010.4203.5601 BACK ON THE ROAD AUTOMOBILE21 01/20/2023 296346 30,255.76 BUILDING DEPARTMENT SERVICES 010.4212.5303 BPR CONSULTING GROUP LLC22 01/20/2023 296347 7.52 SCOURING PADS 640.4712.5255 BRISCO MILL & LUMBER YARD23 01/20/2023 296347 10.76 1 GALL MURIATIC ACID 640.4712.5255 BRISCO MILL & LUMBER YARD24 01/20/2023 296347 17.22 YELLOW PAINT PENS 640.4712.5255 BRISCO MILL & LUMBER YARD25 01/20/2023 296347 12.48 GALVANIZED NIPPLES 010.4420.5605 BRISCO MILL & LUMBER YARD26 01/20/2023 296347 102.48 GALVANIZED FITTINGS, NUTS, BOLTS 010.4420.5605 BRISCO MILL & LUMBER YARD27 01/20/2023 296347 14.36 NUTS, BOLTS, SOS PADS 010.4420.5605 BRISCO MILL & LUMBER YARD28 01/20/2023 296347 23.88 (2) 2X4 LUMBER 220.4303.5613 BRISCO MILL & LUMBER YARD29 01/20/2023 296347 13.99 (2) SPRAY PAINT 010.4420.5605 BRISCO MILL & LUMBER YARD30 01/20/2023 296347 186.09 WOOD SCREWS, BRACKETS, PT LUMBER 010.4430.5605 BRISCO MILL & LUMBER YARD31 01/20/2023 296347 18.48 (1) 4X4 PT LUMBER 010.4430.5605 BRISCO MILL & LUMBER YARD32 01/20/2023 296347 23.69 RUBBER BOOTS-AUTO SHOP 010.4305.5255 BRISCO MILL & LUMBER YARD33 01/20/2023 296348 362.00 10/22-12/22 DIESEL FUEL TAX RETURN010.0000.1202 CA DEPT OF TAX & FEE ADMIN34 01/20/2023 296349 (44.96) ADMIN FEE-SMIP 010.0000.4801 CA ST DEPT OF CONSERVATION35 01/20/2023 296349 899.24 10/22-12/22 SMIP 010.0000.2208 CA ST DEPT OF CONSERVATION36 01/20/2023 296350 1,459.71 09/22 CMC INMATE LABOR 220.4303.5303 CA ST DEPT OF CORRECTIONS37 01/20/2023 296350 3,680.17 10/22 CMC INMATE LABOR 220.4303.5303 CA ST DEPT OF CORRECTIONS38 01/20/2023 296350 2,926.43 11/22 CMC INMATE LABOR 220.4303.5303 CA ST DEPT OF CORRECTIONS39 01/20/2023 296351 163.00 10/22-12/22 STATE GREEN BLDG STANDARDS 010.0000.2223 CALIFORNIA BUILDING STANDARDS40 01/20/2023 296351 (16.30) ADMIN/COODE ENF EDUC FEE 010.0000.2223 CALIFORNIA BUILDING STANDARDSPage 36 of 174 CITY OF ARROYO GRANDECHECK LISTINGJANUARY 16 - JANUARY 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name41 01/20/2023 296352 $ 13.63 PW-140 PUMP FITTING 220.4303.5603 CARQUEST AUTO PARTS42 01/20/2023 296352 62.69 B-409 CLEANING SUPPLIES 010.4301.5601 CARQUEST AUTO PARTS43 01/20/2023 296353 5,800.00 CONTINGENCY-CONSTRUCT ELM ST PARK PLAYGROUND 350.5564.7201 CENTRAL COAST PLAYGROUNDS44 01/20/2023 296353 106,399.50 CONSTRUCT ELM ST PARK PLAYGROUND 350.5564.7001 CENTRAL COAST PLAYGROUNDS45 01/20/2023 296354 1,312.50 GIS SUPPORT SERVICES 010.4130.5303 CK CONSULTING46 01/20/2023 296355 34,143.61 PATROL FLEET REPLACEMENT & UPFITTING 010.4201.6301 CODE 3 TECHNOLOGY LLC47 01/20/2023 296356 400.00 12/22 NETBILL MONTHLY MAINT 640.4710.5303 DATAPROSE LLC48 01/20/2023 296356 120.96 12/22 NETBILL CC TRANS 612.4610.5555 DATAPROSE LLC49 01/20/2023 296356 1,663.30 12/22 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLC50 01/20/2023 296356 483.84 12/22 NETBILL CC TRANS 640.4710.5555 DATAPROSE LLC51 01/20/2023 296357 368.63 KYOCERA COPIER LEASE 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS52 01/20/2023 296358 555.00 09/22 AG SUMMER CONCERT SERIES 010.4421.5504 DIMES MEDIA CORP;53 01/20/2023 296359 375.00 ICI TRAINING POST PER DIEM-5 DAYS 010.4204.5501 STEPHEN DOHERTY54 01/20/2023 296360 7,700.00 SOTO RENO HYDRO SEEDING 70000 350.5515.7001 DORMAN HYDRO-SEEDING55 01/20/2023 296360 3,850.00 SOTO RENO HYDRO SEEDING 35000 350.5515.7001 DORMAN HYDRO-SEEDING56 01/20/2023 296360 9,350.00 SOTO RENO-HYDRO SEEDING 85000 350.5515.7001 DORMAN HYDRO-SEEDING57 01/20/2023 296361 169.65 6" SADDLE FOR TRASH PUMP 612.4610.5603 FAMCON PIPE AND SUPPLY INC58 01/20/2023 296362 648.92 275' 2" LAY FLAT HOSE 010.4430.5605 FARM SUPPLY CO59 01/20/2023 296362 34.47 RUBBER BOOTS010.4430.5605 FARM SUPPLY CO60 01/20/2023 296362 (23.60) CREDIT FOR HOSE 010.4430.5605 FARM SUPPLY CO61 01/20/2023 296363 513,015.25 01/23-03/23 CITY'S SHARE OF FCFA COSTS 010.4145.5313 FIVE CITIES FIRE AUTHORITY62 01/20/2023 296363 132,223.50 01/23-03/23 CITY'S SHARE OF FCFA COSTS 218.4101.5313 FIVE CITIES FIRE AUTHORITY63 01/20/2023 296364 6,776.75 PEDESTRIAN CROSSING IMPROVEMENTS PW2021-08 350.5607.7301 GHD INC64 01/20/2023 296365 500.00 RECORDS RETENTION LEGAL REVIEW 010.4002.5303 GLADWELL GOVERNMENTAL SVCS INC65 01/20/2023 296366 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 LYDIA GONG66 01/20/2023 296367 5,622.67 PREPARATION OF THE NCMA 2022 ANNUAL REPORT 640.4710.5303 GSI WATER SOLUTIONS67 01/20/2023 296368 340.73 CHLORINE REAGENT 640.4710.5310 HACH COMPANY68 01/20/2023 296369 106.08 PORTABLE TOILET RENTAL-12/15-1/11 220.4303.5552 HARVEY'S HONEY HUTS69 01/20/2023 296370 41.31 01/23 AETNA RESOURCES EAP-FCFA 010.0000.1111 HEALTH AND HUMAN RESOURCE CTR70 01/20/2023 296370 165.24 01/23 AETNA RESOURCES-EAP 010.4145.5147 HEALTH AND HUMAN RESOURCE CTR71 01/20/2023 296371 478.57 SUCTION HOSE, CAM LOCKS, HOSE 010.4430.5605 IRRIGATION WEST (DBA)72 01/20/2023 296372 24,079.81 6914 GALL GASOLINE 010.0000.1202 JB DEWAR, INC73 01/20/2023 296373 1,068.00 CASH FOR GRASS-1068 SQFT 226.4306.5554 DAVID JOHNSON74 01/20/2023 296374 242.33 REIMBURSE FOR HALLOWEEN MAZE SUPPLIES 010.4424.5252 CAMILLA KARAMANLIS75 01/20/2023 296375 525.00 AG SNOW LETTERS FOR TREE LIGHTING 010.0000.2054 LOLA'S LETTERS CENTRAL COAST76 01/20/2023 296376 1,408.20 12/22 ZUMBA & BARRE 010.4424.5351 HEIDY MANGIARDI77 01/20/2023 296377 3,000.00 STREETSAVER ANNUAL SUBSCRIPTION 350.5638.7701 METROPOLITAN TRANSPORT. COMM.78 01/20/2023 296378 10,861.20 SOTO RENO-240 CU YDS COMPOST 350.5515.7001 MIER BROS LANDSCAPE PRODUCTS79 01/20/2023 296379 56.01 (2) PADLOCKS 640.4712.5255 MINER'S ACE HARDWARE, INC80 01/20/2023 296379 25.85 BLOCK PLANE 640.4712.5273 MINER'S ACE HARDWARE, INCPage 37 of 174 CITY OF ARROYO GRANDECHECK LISTINGJANUARY 16 - JANUARY 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name81 01/20/2023 296379 $ 30.98 FIRE HYDRANT PAINT 640.4712.5610 MINER'S ACE HARDWARE, INC82 01/20/2023 296379 37.70 HAMMER 220.4303.5273 MINER'S ACE HARDWARE, INC83 01/20/2023 296379 32.29 CABLE TIES 220.4303.5613 MINER'S ACE HARDWARE, INC84 01/20/2023 296379 195.72 (3) AQUAPHALT ASPHALT PATCH 220.4303.5613 MINER'S ACE HARDWARE, INC85 01/20/2023 296379 33.38 SCOOP, RAIN COATING 010.4420.5605 MINER'S ACE HARDWARE, INC86 01/20/2023 296379 5.58 NO TREPASS SIGN 010.4420.5605 MINER'S ACE HARDWARE, INC87 01/20/2023 296379 24.77 ROPE 010.4420.5605 MINER'S ACE HARDWARE, INC88 01/20/2023 296380 297.10 PW-68 TAIL LAMP ASSEMBLY 640.4712.5601 MULLAHEY FORD89 01/20/2023 296380 300.30 PD-4608 PARTS 010.4203.5601 MULLAHEY FORD90 01/20/2023 296381 756.00 REFUND PPR22-071 010.0000.4510 SHANI MUSCAT91 01/20/2023 296382 182.00 REFUND-CIM WINTER BREAK WEEK 2 010.0000.4602 KELSEY NELSON92 01/20/2023 296383 600.00 LIFT STN #3 REBUILD LEVEL TRANSMITTER 612.4610.5610 NVIRO93 01/20/2023 296384 40.00 REFUND-DOGGIE CLASS 010.0000.4605 SAUNDRA OAKLEY94 01/20/2023 296385 21.79 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC95 01/20/2023 296386 14.62 ELECTRIC-484 BAKEMAN LN219.4460.5304 PACIFIC GAS & ELECTRIC CO96 01/20/2023 296387 300.00 12/22 K-RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA97 01/20/2023 296388 7,157.06 CONSTRUCTION CONTINGENCIES 350.5795.7201 RAMINHA CONSTRUCTION INC98 01/20/2023 296388 60,566.41 OAK PARK DRAINAGE REPAIRS PROJECT PW2020-04 350.5795.7001 RAMINHA CONSTRUCTION INC99 01/20/2023 296389 5.38 COUNCIL CHAMBERS WATER 010.4213.5303 READYREFRESH BY NESTLE100 01/20/2023 296390 300.00 REFUND-OVERPYMT BUSINESS LICENSE 010.0000.4050 SAN LUIS AMBULANCE101 01/20/2023 296391 30.00 REFUND-OVERPYMT BUSINESS LICENSE 010.0000.4050 SELECTIVE SECURITY SYSTEMS INC102 01/20/2023 296392 553.00 ACCT#117258 2023 MUSIC PERFORMANCE LICENSE 010.4003.5503 SESAC103 01/20/2023 296393 1,418.00 CROSS CONNECTION PROGRAM FY 2022/23 640.4710.5303 SLO COUNTY ENVIRONMENTAL104 01/20/2023 296394 322.88 GAS SERVICES-200 N HALCYON 010.4145.5401 SOCALGAS105 01/20/2023 296395 37,576.95 ANNUAL WATER SYSTEM FEES 7/22-6/23 640.4710.5303 SWRCB106 01/20/2023 296396 6,606.25 08/22 OUTREACH SERVICES 010.4101.5303 TRIPEPI SMITH107 01/20/2023 296397 489.34 FILL SAND, CONCRETE RECYCLING 220.4303.5613 TROESH RECYCLING, INC108 01/20/2023 296398 1,160.73 PW-79 BLADES, FILTERS, BOLTS, ROTARY BLADE 010.4420.5603 TURF STAR, INC109 01/20/2023 296399 5,700.00 TOTAL COMPENSATION STUDY PROJECT 010.4110.5303 UNCOMPLICATE HR INC110 01/20/2023 296400 182.84 PAYROLL FOR W/E 12/18-OFFICE ASSISTANT 612.4610.5303 UNITED STAFFING ASSOC.111 01/20/2023 296400 182.84 PAYROLL FOR W/E 12/18-OFFICE ASSISTANT 640.4710.5303 UNITED STAFFING ASSOC.112 01/20/2023 296400 136.07 PAYROLL FOR W/E 01/01-OFFICE ASSISTANT 640.4710.5303 UNITED STAFFING ASSOC.113 01/20/2023 296400 136.07 PAYROLL FOR W/E 01/01-OFFICE ASSISTANT 612.4610.5303 UNITED STAFFING ASSOC.114 01/20/2023 296400 408.21 PAYROLL FOR W/E 01/08-OFFICE ASSISTANT 640.4710.5303 UNITED STAFFING ASSOC.115 01/20/2023 296400 408.20 PAYROLL FOR W/E 01/08-OFFICE ASSISTANT 612.4610.5303 UNITED STAFFING ASSOC.116 01/20/2023 296401 71.44 ACCT#808089883-00003 CIM CELL 010.4425.5255 VERIZON WIRELESS117 01/20/2023 296402 12,562.68 11/22 TMD ASSESSMENT REMITTANCE761.0000.2007 VISIT SLO CAL118 01/20/2023 296402 (251.25) 11/22 CITY ADMIN FEE 010.0000.4771 VISIT SLO CAL119 01/20/2023 296403 1,599.60 STAFF EXTENSION SERVICES FOR NCMA FY 22/23 640.4710.5303WATER SYSTEMS CONSULTING INC120 01/20/2023 296404 207.30 SHORT ST RESTROOM TOILET REPAIRS 010.4213.5303 WATERBOYS PLUMBINGPage 38 of 174 CITY OF ARROYO GRANDECHECK LISTINGJANUARY 16 - JANUARY 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name121 01/20/2023 296404 $ 2,457.58 FCFA-REPIPE KITCHEN HOT WATER 010.4213.5303 WATERBOYS PLUMBING122 01/20/2023 296405 227.08 FAIR OAKS & VALLEY RD-REPLACE220.4303.5303 WILSON ELECTRIC COMPANY INC123 01/20/2023 296405 1,467.16 BRISCO & ECR INSTALL MODULE GPS 220.4303.5303 WILSON ELECTRIC COMPANY INC124 01/20/2023 296405 1,298.25 BRISCO & ECR-REPLACE 1-A DAMAGED BY CAR 220.4303.5303 WILSON ELECTRIC COMPANY INC125 01/20/2023 296406 150.00 REFUND SOCCER 010.0000.4605 ANDREA WILSON126 01/20/2023 296407 77.25 UB Refund Cst #00028344 640.0000.2301 KENDALL BERRY127 01/20/2023 296408 28.29 UB Refund Cst #00000915 640.0000.2301 DON FROMMELT128 01/20/2023 296409 120.20 UB Refund Cst #00028127 640.0000.2301 NATALIO MARTINEZ129 01/20/2023 296410 55.63 UB Refund Cst #00028241 640.0000.2301 TAYLOR OLIVAR130 01/20/2023 296411 42.51 UB Refund Cst #00026016 640.0000.2301 PERHAC131 01/20/2023 296412 239.85 UB Refund Cst #00025319 640.0000.2301 KYLE PETERSEN132 01/20/2023 296413 389.94 UB Refund Cst #00024670 640.0000.2301 ROBERT BAKER TRUST133 01/20/2023 296414 5.33 UB Refund Cst #00027229 640.0000.2301 HALEY TESTA134 01/20/2023 296415 90.14 UB Refund Cst #00028591 640.0000.2301 REZA VAZEHKERDARI135 01/27/2023 296416 616.00 STORMWATER SAMPLING 010.4301.5303 ABALONE COAST ANALYTICAL INC136 01/27/2023 296416 164.00 STORMWATER SAMPLING 010.4301.5303 ABALONE COAST ANALYTICAL INC137 01/27/2023 296416 574.00 STORMWATER SAMPLING 010.4301.5303 ABALONE COAST ANALYTICAL INC138 01/27/2023 296417 1,000.00 REFUND-WOMENS CLUB SECURITY DEPOSIT 010.0000.2206 JUAN PABLO AGUILAR139 01/27/2023 296418 5,908.00 CHILD CARE ASSISTANCE GRANT 260.4565.5395 AGUIRRE FAMILY CHILD CARE140 01/27/2023 296419 29.90 OFFICE SUPPLIES 010.4120.5201 AMAZON CAPITAL SERVICES141 01/27/2023 296420 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 STEPHANIE ANIOTZBEHERE142 01/27/2023 296421 7.01 BLDG. MAINTENANCE UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES143 01/27/2023 296421 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES144 01/27/2023 296421 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES145 01/27/2023 296421 15.91 PARKS DEPARTMENT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES146 01/27/2023 296421 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES147 01/27/2023 296421 14.00 STREET DEPARTMENT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES148 01/27/2023 296421 7.50 SEWER DEPARTMENT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES149 01/27/2023 296421 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES150 01/27/2023 296421 24.44 WATER DEPARTMENT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES151 01/27/2023 296422 9.80 PARKS DEPT MATS, MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES152 01/27/2023 296423 8,200.00 CHILDCARE ASSISTANCE GRANT 260.4565.5395 ARROYO GRANDE MONTESSORI153 01/27/2023 296424 8,400.00 CHILD CARE ASSISTANCE GRANT 260.4565.5395 ARROYO GRANDE UNITED METHODIST154 01/27/2023 296425 10,000.00 CHILD CARE ASSISTANCE GRANT260.4565.5395 BAMBI DAY CARE155 01/27/2023 296426 135.00 PEST CONTROL-CITY HALL 010.4213.5303 BREZDEN PEST CONTROL, INC156 01/27/2023 296427 36.58 (8) BUCKLE, RATCHET TIE DOWNS 220.4303.5613 BRISCO MILL & LUMBER YARD157 01/27/2023 296428 421.00 2023 MUSIC LICENSE 010.4003.5319 BROADCAST MUSIC INC158 01/27/2023 296429 1,100.39 10.04 3/8" COLD MIX SC-800 220.4303.5613 CALPORTLAND CONSTRUCTION159 01/27/2023 296430 9,777.95 12/22 PROF LEGAL SVCS 010.4003.5304 CARMEL & NACCASHA, LLP160 01/27/2023 296430 1,657.50 12/22 LITIGATION & RELATED MATTERS 010.4003.5327 CARMEL & NACCASHA, LLPPage 39 of 174 CITY OF ARROYO GRANDECHECK LISTINGJANUARY 16 - JANUARY 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name161 01/27/2023 296431 $ 987.20 ACCT#8245100960223598- PD DARK 010.4145.5401 CHARTER COMMUNICATIONS162 01/27/2023 296431 185.13 ACCT#8245100960223572 PD TV 010.4145.5401 CHARTER COMMUNICATIONS163 01/27/2023 296432 52.95 ACCT#090058901-CITY HALL BUSINESS 010.4145.5401 CHARTER COMMUNICATIONS164 01/27/2023 296433 246.75 MICROSOFT 365 G3 GCC LICENSES 010.4140.5607 CIO SOLUTIONS LP165 01/27/2023 296434 1,070.00 DBPE ROUTINE BACTIO 640.4710.5310 CLINICAL LABORATORY OF166 01/27/2023 296435 18.10 270 LIFT ST N-3 COPIES 612.4610.5255 CRISP IMAGING167 01/27/2023 296436 372.59 ACCT#2901-1271650-01 METRO INTERNET 010.4140.5303 DIGITAL WEST NETWORKS INC168 01/27/2023 296437 7,500.00 CHILD CARE ASSISTANCE GRANT 260.4565.5395 DISTANT OAKS CHILDCARE169 01/27/2023 296438 4,354.00 PORTABLE GENERATOR RENTAL AT FCFA STATION 1 350.5473.7001 ELECTRICRAFT INC170 01/27/2023 296439 14,542.00 CHILD CARE ASSISTANCE GRANT 260.4565.5395 ELENITA'S DAY CARE171 01/27/2023 296440 557.70 10" SS REPAIR CLAMP 640.4712.5610 FAMCON PIPE AND SUPPLY INC172 01/27/2023 296440 3,776.27 (1) FIRE HYDRANT FOR REPLACEMENT 640.4712.5610 FAMCON PIPE AND SUPPLY INC173 01/27/2023 296441 42.87 CORONA SHOVEL SCOOP 220.4303.5273 FARM SUPPLY CO174 01/27/2023 296442 1,058.60 TP 010.4213.5604 FASTENAL COMPANY175 01/27/2023 296443 1,950.00 CHILD CARE ASSISTANCE GRANT260.4565.5395 GOLEMBIEWSKI FAMILY CHILDCARE176 01/27/2023 296444 55.01 REIMBURSE FOR OFFICE SUPPLIES 010.4424.5252 BRIANNA GOULD177 01/27/2023 296445 152.97 SEWER REIMBURSEMENT DUE 612.0000.4751 CITY OF GROVER BEACH178 01/27/2023 296445 161.26 SEWER REIMBURSEMENT DUE 612.0000.4751 CITY OF GROVER BEACH179 01/27/2023 296445 189.43 SEWER REIMBURSEMENT DUE 612.0000.4751 CITY OF GROVER BEACH180 01/27/2023 296445 183.57 SEWER REIMBURSEMENT DUE 612.0000.4751 CITY OF GROVER BEACH181 01/27/2023 296445 165.97 SEWER REIMBURSEMENT DUE 612.0000.4751 CITY OF GROVER BEACH182 01/27/2023 296446 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 ASHLEE HILLIER183 01/27/2023 296447 185.00 MEMBERSHIP DUES 010.4002.5503 IIMC - INTL INST OF MUNICIPAL184 01/27/2023 296448 5,000.00 CHILD CARE ASSISTANCE GRANT 260.4565.5395 JAZO FAMILY CHILD CARE185 01/27/2023 296449 720.00 08/22 FACILITY USE-OCC BASKETBALL010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST186 01/27/2023 296449 795.00 09/22 FACILITY USE-OCC BASKETBALL010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST187 01/27/2023 296449 720.00 07/22 FACILITY USE-OCC BASKETBALL010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST188 01/27/2023 296449 1,320.00 10/22 FACILITY USE-OCC BASKETBALL 010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST189 01/27/2023 296449 354.63 FACILITY USE-11/13/22 TURKEY TROT010.4424.5252 LUCIA MAR UNIFIED SCHOOL DIST190 01/27/2023 296450 6,216.87 2022 HILLCREST DR RENTS DUE PER CONTRACT 010.4145.5553 MARK H MANKINS191 01/27/2023 296451 6,216.87 2022 HILLCREST DR RENTS DUE PER CONTRACT 010.4145.5553 BLAIR AND DEANNE MANKINS, RT UTD DTD 192 01/27/2023 296452 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 COLLEEN MCGARVEY193 01/27/2023 296453 7.53 AA BATTERIES 640.4712.5255 MINER'S ACE HARDWARE, INC194 01/27/2023 296453 34.44 CAULK 220.4303.5613 MINER'S ACE HARDWARE, INC195 01/27/2023 296453 260.96 (4) AQUAPHALT 220.4303.5613 MINER'S ACE HARDWARE, INC196 01/27/2023 296453 130.48 (2) AQUAPHALT 220.4303.5613 MINER'S ACE HARDWARE, INC197 01/27/2023 296453 195.72 (3) AQUAPHALT 220.4303.5613 MINER'S ACE HARDWARE, INC198 01/27/2023 296453 260.96 (4) AQUAPHALT 220.4303.5613 MINER'S ACE HARDWARE, INC199 01/27/2023 296453 130.48 (2) AQUAPHALT 220.4303.5613 MINER'S ACE HARDWARE, INC200 01/27/2023 296453 10.76 ACE LATEX GLOVE LARGE 220.4303.5613 MINER'S ACE HARDWARE, INCPage 40 of 174 CITY OF ARROYO GRANDECHECK LISTINGJANUARY 16 - JANUARY 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name201 01/27/2023 296453 $ 17.22 (2) CABLE TIES 220.4303.5613 MINER'S ACE HARDWARE, INC202 01/27/2023 296453 1.69 PLUMBING SUPPLIES, FASTENERS 010.4420.5603 MINER'S ACE HARDWARE, INC203 01/27/2023 296453 215.49 BACKPACK SPRAYER 220.4303.5613 MINER'S ACE HARDWARE, INC204 01/27/2023 296453 13.54 (3) FASTENERS 220.4303.5613 MINER'S ACE HARDWARE, INC205 01/27/2023 296453 21.53 (2) COUPLERS 220.4303.5603 MINER'S ACE HARDWARE, INC206 01/27/2023 296453 38.76 WALLBOARD, TEXT SPRAY, COMPOUND 010.4213.5604 MINER'S ACE HARDWARE, INC207 01/27/2023 296454 7,500.00 CHILD CARE ASSISTANCE GRANT 260.4565.5395 MIRYAM'S CHILD CARE208 01/27/2023 296455 1,000.00 AUDIT TO DATE 010.4120.5303 MOSS, LEVY & HARTZHEIM LLP209 01/27/2023 296455 1,000.00 AUDIT TO DATE 640.4710.5303 MOSS, LEVY & HARTZHEIM LLP210 01/27/2023 296455 1,000.00 AUDIT TO DATE 612.4610.5303 MOSS, LEVY & HARTZHEIM LLP211 01/27/2023 296456 365.11 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC212 01/27/2023 296457 13.41 ELECTRIC 217.4460.5355 PACIFIC GAS & ELECTRIC CO213 01/27/2023 296457 2,572.71 ELECTRIC 612.4610.5402 PACIFIC GAS & ELECTRIC CO214 01/27/2023 296457 1,558.34 ELECTRIC 010.4307.5402 PACIFIC GAS & ELECTRIC CO215 01/27/2023 296457 32.25 ELECTRIC - WELL #11 352 LA CAN 640.4711.5402 PACIFIC GAS & ELECTRIC CO216 01/27/2023 296457 7,793.98 ELECTRIC 010.4145.5401 PACIFIC GAS & ELECTRIC CO217 01/27/2023 296457 2,596.04 ELECTRIC 640.4711.5402 PACIFIC GAS & ELECTRIC CO218 01/27/2023 296457 4,684.02 ELECTRIC 640.4712.5402 PACIFIC GAS & ELECTRIC CO219 01/27/2023 296458 4,155.00 PREPARATION OF PLANS, BIDDING 350.5638.7501 PAVEMENT ENGINEERING INC220 01/27/2023 296458 85,958.75 2022 STREET REPAIRS-PROJECT ADMIN 350.5638.7501 PAVEMENT ENGINEERING INC221 01/27/2023 296459 47,674.00 BRIDGE ST BRIDGE HABITAT MIGRATION PROJECT (PW 2020- 350.5614.7001 QUINCON INC222 01/27/2023 296460 431.00 BLUE SHOP TOWELS 220.4303.5255 S & L SAFETY PRODUCTS223 01/27/2023 296461 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 ELENA SANDOVAL224 01/27/2023 296462 6,750.00 STREET SWEEPING JULY-DEC 2022 220.4303.5303 SCA225 01/27/2023 296462 2,250.00 STREET SWEEPING JULY-DEC 2022 010.4307.5303 SCA226 01/27/2023 296463 78.25 REDWOOD STAKES, STRAW WATTLE 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC227 01/27/2023 296463 261.89 HERBICIDE FOR GROUNDS 640.4712.5604 SITEONE LANDSCAPE SUPPLY LLC228 01/27/2023 296463 398.48 IRRIGATION MPROTORS (20 EA) 226.4306.5303 SITEONE LANDSCAPE SUPPLY LLC229 01/27/2023 296463 1,062.66 IRRIGATION ROTOR S.S. 4" 226.4306.5303 SITEONE LANDSCAPE SUPPLY LLC230 01/27/2023 296464 30.00 REFUND-MOTHER'S DAY TEA REGISTRATION 010.0000.4607 MEGAN SKILLING231 01/27/2023 296465 3,237.00 FY22/23 ANNUAL SLOCOG MEMBERSHIP 010.4145.5503 SLO COUNCIL OF GOVERNMENTS232 01/27/2023 296466 8.81 CITY ACCT-300 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST233 01/27/2023 296466 8.81 CITY ACCT-STROTHER PARK 010.4145.5401SOUTH SLO COUNTY SANIT DIST234 01/27/2023 296466 8.81 CITY ACCT-211 N HALCYON RD 010.4145.5401 SOUTH SLO COUNTY SANIT DIST235 01/27/2023 296466 8.81 CITY ACCT-211 VERNON ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST236 01/27/2023 296466 8.81 CITY ACCT-SHORT ST RESTROOMS 010.4145.5401 SOUTH SLO COUNTY SANIT DIST237 01/27/2023 296466 8.81 CITY ACCT-1221 ASH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST238 01/27/2023 296466 8.81 CITY ACCT-RANCHO GRANDE 010.4145.5401 SOUTH SLO COUNTY SANIT DIST239 01/27/2023 296466 8.81 CITY ACCT-ELM ST PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST240 01/27/2023 296466 8.81 CITY ACCT-SOTO SPORTS COMPLEX 010.4145.5401 SOUTH SLO COUNTY SANIT DISTPage 41 of 174 CITY OF ARROYO GRANDECHECK LISTINGJANUARY 16 - JANUARY 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name241 01/27/2023 296466 $ 8.81 CITY ACCT-215 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST242 01/27/2023 296466 8.81 CITY ACCT-203 N RENA ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST243 01/27/2023 296466 8.81 CITY ACCT-127 SHORT ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST244 01/27/2023 296466 2,475.00 12/22 (1) SEWER SVCS HOOKUP 760.0000.2305 SOUTH SLO COUNTY SANIT DIST245 01/27/2023 296466 8.81 CITY ACCT-300 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST246 01/27/2023 296466 8.81 CITY ACCT-STROTHER PARK 010.4145.5401SOUTH SLO COUNTY SANIT DIST247 01/27/2023 296466 8.81 CITY ACCT-211 HALCYON RD 010.4145.5401 SOUTH SLO COUNTY SANIT DIST248 01/27/2023 296466 8.81 CITY ACCT-211 VERNON ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST249 01/27/2023 296466 8.81 CITY ACCT-SHORT ST RESTROOMS 010.4145.5401 SOUTH SLO COUNTY SANIT DIST250 01/27/2023 296466 8.81 CITY ACCT-1221 ASH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST251 01/27/2023 296466 8.81 CITY ACCT-RANCHO GRANDE PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST252 01/27/2023 296466 8.81 CITY ACCT-ELM ST PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST253 01/27/2023 296466 8.81 CITY ACCT-SOTO SPORTS COMPLEX 010.4145.5401 SOUTH SLO COUNTY SANIT DIST254 01/27/2023 296466 8.81 CITY ACCT-215 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST255 01/27/2023 296466 8.81 CITY ACCT-203 N RENA 010.4145.5401 SOUTH SLO COUNTY SANIT DIST256 01/27/2023 296466 8.81 CITY ACCT-127 SHORT ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST257 01/27/2023 296466 203,808.53 11/22 SEWER SVCS COLLECTIONS 760.0000.2304 SOUTH SLO COUNTY SANIT DIST258 01/27/2023 296466 242,007.00 12/22 SEWER SVCS COLLECTIONS 760.0000.2304 SOUTH SLO COUNTY SANIT DIST259 01/27/2023 296467 66.30 (4) ASPHALT COLD PATCH220.4303.5613 STATEWIDE SAFETY & SIGNS INC260 01/27/2023 296468 210.00 REFUND BLD22-000441 PERMIT NOT ISSUED 010.0000.4183 SUNRUN INSTALLATION SERVICES261 01/27/2023 296468 204.00 REFUND BLD21-000312 PERMIT NOT ISSUED 010.0000.4183 SUNRUN INSTALLATION SERVICES262 01/27/2023 296468 204.00 REFUND BLD21-0000426 PERMIT NOT ISSUED 010.0000.4183 SUNRUN INSTALLATION SERVICES263 01/27/2023 296468 204.00 REFUND BLD22-000081 PERMIT NOT ISSUED 010.0000.4183 SUNRUN INSTALLATION SERVICES264 01/27/2023 296468 204.00 REFUND BLD21-000272 -PERMIT NOT ISSUED 010.0000.4183 SUNRUN INSTALLATION SERVICES265 01/27/2023 296468 204.00 REFUND BLD22-000208 PERMIT NOT ISSUED 010.0000.4183 SUNRUN INSTALLATION SERVICES266 01/27/2023 296468 210.00 REFUNDBLD22-000362 PERMIT NOT ISSUED 010.0000.4183 SUNRUN INSTALLATION SERVICES267 01/27/2023 296469 2,297.00 ANNUAL PERMIT FEES-BSB REHAB/MITIGATION 350.5614.7301 SWRCB268 01/27/2023 296470 2,297.00 ANNUAL PERMIT FEES-SWINGING BRIDGE 350.5620.7301 SWRCB269 01/27/2023 296471 484.55 10 MM SET - POWER ADAPTOR 010.4305.5273 TCA TOOLS INC270 01/27/2023 296472 213.75 10/22 OUTREACH SERVICES - 2022 SALES TAX MEASURE 010.4101.5303 TRIPEPI SMITH271 01/27/2023 296473 422.05 FILL SAND X 2 220.4303.5613 TROESH RECYCLING, INC272 01/27/2023 296474 525.04 SPONSOR YARD SIGNS FOR TREE 010.0000.2054 U.S. BANK273 01/27/2023 296474 520.00 TRAINING-BACKGROUND INVESTIGATION 010.4203.5501 U.S. BANK274 01/27/2023 296474 150.00 TRAINING REGISTRATION 010.4203.5501 U.S. BANK275 01/27/2023 296474 32.24 VOLUNTEER DONUT DELIVERY-DONUTS 010.4424.5250 U.S. BANK276 01/27/2023 296474 520.00 TRAINING REGISTRATION 010.4204.5501 U.S. BANK277 01/27/2023 296474 (432.72) CREDIT-CANCELLED TRAINING 010.4204.5501 U.S. BANK278 01/27/2023 296474 114.60 MEETING SUPPLIES-YOUTH IN GOVERNMENT 010.4101.5201 U.S. BANK279 01/27/2023 296474 58.90 AUTHORIZE.NET CREDIT CARD FEE 010.4145.5555 U.S. BANK280 01/27/2023 296474 528.85 ZOOM 010.4140.5303 U.S. BANKPage 42 of 174 CITY OF ARROYO GRANDECHECK LISTINGJANUARY 16 - JANUARY 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name281 01/27/2023 296474 $ (29.97) SPOTIFY CREDIT FOR FRAUDULENT CHARGES 010.4101.5201 U.S. BANK282 01/27/2023 296474 54.00 MEETING SUPPLIES-MULE BAKERY 010.4101.5201 U.S. BANK283 01/27/2023 296474 155.10 12/13 MEETING SUPPLIES-AG HOME 010.4101.5201 U.S. BANK284 01/27/2023 296474 498.29 SUPPLIES FOR TREE LIGHTING-S'MORES 010.0000.2054 U.S. BANK285 01/27/2023 296474 567.20 (20) TRAFFIC CONES 010.4209.5255 U.S. BANK286 01/27/2023 296474 161.61 PICKLEBALLS-PICKLEBALL CENTRAL COAST 010.4424.5251 U.S. BANK287 01/27/2023 296474 591.19 SANTA COP 010.0000.2025 U.S. BANK288 01/27/2023 296474 33.65 SHIPPING UPS-TESTER RECALIBRATION 010.4420.5605 U.S. BANK289 01/27/2023 296474 972.11 SANTA COP 010.0000.2025 U.S. BANK290 01/27/2023 296474 223.91 SANTA COP 010.0000.2025 U.S. BANK291 01/27/2023 296474 728.68 SANTA COP 010.0000.2025 U.S. BANK292 01/27/2023 296474 1,434.96 SANTA COP 010.0000.2025 U.S. BANK293 01/27/2023 296474 67.09 SANTA COP 010.0000.2025 U.S. BANK294 01/27/2023 296474 586.32 SANTA COP 010.0000.2025 U.S. BANK295 01/27/2023 296474 253.67 SANTA COP 010.0000.2025 U.S. BANK296 01/27/2023 296474 29.08 SHEET PROTECTORS-OFFICEMAX 220.4303.5613 U.S. BANK297 01/27/2023 296474 23.90 PUMP OIL-LOWES 010.4420.5603 U.S. BANK298 01/27/2023 296474 20.00 MSA MEETING 010.4420.5501 U.S. BANK299 01/27/2023 296474 106.25 T2 WATER CLASS- CE 010.4420.5501 U.S. BANK300 01/27/2023 296474 209.88 OFFICE SUPPLES, KITCHEN SUPPLIES 010.4201.5201 U.S. BANK301 01/27/2023 296474 1,380.75 SANTA COP 010.0000.2025 U.S. BANK302 01/27/2023 296474 4,390.18 OTS GRANT- E TICKET DEVICES POLICE 010.4209.6201 U.S. BANK303 01/27/2023 296474 919.22 SANTA COP 010.0000.2025 U.S. BANK304 01/27/2023 296474 373.24 SANTA COP 010.0000.2025 U.S. BANK305 01/27/2023 296474 263.04 SANTA COP 010.0000.2025 U.S. BANK306 01/27/2023 296474 1,579.97 SANTA COP 010.0000.2025 U.S. BANK307 01/27/2023 296474 47.85 SHIPPING CHARGES-UPS 010.4201.5208 U.S. BANK308 01/27/2023 296474 625.00 CALCITIES REGISTRATION- CONFERENCE 010.4101.5501 U.S. BANK309 01/27/2023 296474 250.00 AEP MEMBERSHIP 010.4130.5503 U.S. BANK310 01/27/2023 296474 58.80 KITCHEN SUPPLIES 010.4201.5201 U.S. BANK311 01/27/2023 296474 41.98 KITCHEN SUPPLIES-COFFEE, CREAM 010.4201.5201 U.S. BANK312 01/27/2023 296474 336.04 OFFICE SUPPLIES, PROMO ITEMS 010.4201.5201 U.S. BANK313 01/27/2023 296474 100.00 AHC ACADEMY GRADUATION SCENARIO 010.4201.5504 U.S. BANK314 01/27/2023 296474 58.49 PRESCHOOL SUPPLIES 010.4423.5253 U.S. BANK315 01/27/2023 296474 507.93 SCHOOL YEAR SUPPLIES 010.4425.5255 U.S. BANK316 01/27/2023 296474 146.11 SNACK SUPPLIES 010.4425.5259 U.S. BANK317 01/27/2023 296474 202.00 Freight 220.4303.5613 U.S. BANK318 01/27/2023 296474 2,085.00 (5) REPLACEMENT BOLLARDS 220.4303.5613 U.S. BANK319 01/27/2023 296474 39.04 OFFICE SUPPLIES-AMAZON 010.4002.5201 U.S. BANK320 01/27/2023 296474 543.41 SANTA COP 010.0000.2025 U.S. BANKPage 43 of 174 CITY OF ARROYO GRANDECHECK LISTINGJANUARY 16 - JANUARY 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name321 01/27/2023 296474 $ 1,660.32 SANTA COP 010.0000.2025 U.S. BANK322 01/27/2023 296474 125.00 CEQA ESSENTIALS WEBINAR 010.4130.5501 U.S. BANK323 01/27/2023 296474 120.16 CDD MONITOR 010.4140.5702 U.S. BANK324 01/27/2023 296474 26.94 MGMT ANALYST LAPTOP BAG 010.4140.5702 U.S. BANK325 01/27/2023 296474 86.79 DMV TESTING FEE-BROOKS 640.4712.5501 U.S. BANK326 01/27/2023 296474 188.56 PHONE REPAIR 640.4710.5602 U.S. BANK327 01/27/2023 296474 18.28 PUBLIC RELATIONS-MEASURE D22 010.4101.5504 U.S. BANK328 01/27/2023 296474 46.50 UNIFORMS-NAME STRIPS 010.4203.5272 U.S. BANK329 01/27/2023 296474 8.75 FREIGHT 010.4203.5272 U.S. BANK330 01/27/2023 296474 227.23 FUEL 010.4203.5608 U.S. BANK331 01/27/2023 296474 51.96 FUEL 010.4203.5608 U.S. BANK332 01/27/2023 296474 310.32 SOTO-AERATOR TINES, EBAY 010.4430.5605 U.S. BANK333 01/27/2023 296474 1,118.58 BREAKFAST W/SANTA SUPPLIES 010.4424.5252 U.S. BANK334 01/27/2023 296474 910.63 HOLIDAY PARADE SUPPLIES 010.4421.5504 U.S. BANK335 01/27/2023 296474 75.23 VOLUNTEER LUNCH- ME & Z'S 010.4424.5252 U.S. BANK336 01/27/2023 296474 8.53 HOLIDAY EVENT SUPPLIES-WALMART 010.4424.5252 U.S. BANK337 01/27/2023 296474 19.30 B'FAST W/SANTA SUPPLIES-GROC O 010.4424.5252 U.S. BANK338 01/27/2023 296474 37.71 HOLIDAY PARADE EVENT SUPPLIES 010.4424.5252 U.S. BANK339 01/27/2023 296474 23.98 STAFF EVENT SUPPLIES-SMART & FINAL 010.4424.5252 U.S. BANK340 01/27/2023 296474 125.00 CSMFO MEMBERSHIP DUES 010.4120.5503 U.S. BANK341 01/27/2023 296474 105.06 BLDG MAINT-PED GATE REPAIR 010.4201.5604 U.S. BANK342 01/27/2023 296474 53.76 AMAZON-WOMENS CLUB DOOR PLUGS 010.4213.5604 U.S. BANK343 01/27/2023 296474 32.30 SUPPLIES-CHRISTMAS PARADE 010.4001.5201 U.S. BANK344 01/27/2023 296474 68.95 EMPLOYEE LUNCHEON SUPPLIES 010.4101.5319 U.S. BANK345 01/27/2023 296474 2,730.43 EMPLOYEE LUNCHEON SUPPLIES 010.4101.5319 U.S. BANK346 01/27/2023 296474 204.01 MEETING SUPPLIES-12/13 CITY COUNCIL 010.4001.5201 U.S. BANK347 01/27/2023 296474 211.19 CITY COUNCIL BANNER 010.4001.5201 U.S. BANK348 01/27/2023 296474 39.00 COUNCIL ORIENTATION MEETING 010.4001.5201 U.S. BANK349 01/27/2023 296474 1,250.00 CALCITIES CONFERENCE REGISTRAT 010.4001.5501 U.S. BANK350 01/27/2023 296474 73.70 CITY COUNCIL MEETING SUPPLIES 010.4001.5201 U.S. BANK351 01/27/2023 296474 25.00 FACEBOOK-TURKEY TROT AD 010.4421.5504 U.S. BANK352 01/27/2023 296474 3,000.00 WATER FOR BARRICADES-HALLOWEEN 220.4303.5552 U.S. BANK353 01/27/2023 296474 153.88 PW-19 REPLACEMENT KEY 220.4303.5601 U.S. BANK354 01/27/2023 296474 508.58 SLURRY FOR MAIN REPAIR-THE PIKE 640.4712.5610 U.S. BANK355 01/27/2023 296475 480.18 KONICA MINOLTA C250l ERROR CODE 010.4140.5602 ULTREX BUSINESS PRODUCTS (DBA)356 01/27/2023 296476 484.75 PAYROLL FOR:W/E 01/15 OFFICE ASSISTANT 640.4710.5303 UNITED STAFFING ASSOC.357 01/27/2023 296476 395.45 PAYROLL FOR:W/E 1/22/23 OFFICE ASSISTANT 640.4710.5303 UNITED STAFFING ASSOC.358 01/27/2023 296476 484.74 PAYROLL FOR:W/E 01/15 OFFICE ASSISTANT 612.4610.5303 UNITED STAFFING ASSOC.359 01/27/2023 296476 395.45 PAYROLL FOR:W/E 1/22/23 OFFICE ASSISTANT 612.4610.5303 UNITED STAFFING ASSOC.360 01/27/2023 296477 3,000.00 POSTAGE BY PHONE 010.4145.5208 US POSTAL SERVICEPage 44 of 174 CITY OF ARROYO GRANDECHECK LISTINGJANUARY 16 - JANUARY 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name361 01/27/2023 296478 $ 862.24 PUMP MOTOR FOR CI2 TRANSFER 640.4712.5603 USA BLUE BOOK362 01/27/2023 296479 10,000.00 CHILD CARE ASSISTANCE GRANT 260.4565.5395 VALLEY VIEW CHILDREN'S CENTER363 01/27/2023 296480 304.08 ACCT#472480460-00002 CITY IPAD 010.4145.5403 VERIZON WIRELESS364 01/27/2023 296481 64.00 REFUND BL19-000218-DUPLICATE PAYMENT 010.0000.4050 VIKING INSULATION365 01/27/2023 296482 12,000.00 CHILD CARE ASSISTANCE GRANT 260.4565.5395 VILLAGE PRESCHOOL366 01/27/2023 296483 17,223.09 10/22 TMD ASSESSMENT REMITTANCE761.0000.2007 VISIT SLO CAL367 01/27/2023 296483 (344.46) 10/22 CITY ADMIN FEE 010.0000.4771 VISIT SLO CAL368 01/27/2023 296484 895.00 RETROFIT - 344 OLD RANCH ROAD 226.4306.5303 WATERBOYS PLUMBING369 01/27/2023 296485 750.00 CARRIAGE RIDES AT TREE LIGHTING 010.0000.2054 WHITE HORSE CARRIAGE COMPANY370 01/27/2023 296486 154.36 WIPEALLS (1 CASE) 640.4712.5255 WINEMA INDUSTRIAL &371 01/27/2023 296486 154.37 SAFETY GLASSES (24 PAIR)612.4610.5255 WINEMA INDUSTRIAL &372 01/27/2023 296487 802.73 AFLAC PRE TAX: Payment 011.0000.2126 AFLAC INSURANCE373 01/27/2023 296487 36.23 AFLAC AFTER TAX: Payment 011.0000.2126 AFLAC INSURANCE374 01/27/2023 296488 3,153.50 POLICE DEPT DUES: Payment 011.0000.2116 ARROYO GRANDE POLICE ASSN375 01/27/2023 296489 60,812.46 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE376 01/27/2023 296489 13,905.04 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE377 01/27/2023 296489 57,113.66 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE378 01/27/2023 296490 8,397.11 FEDERAL WITHHOLDING 011.0000.2104 CITY OF ARROYO GRANDE379 01/27/2023 296490 1,904.72 MEDICARE 011.0000.2105 CITY OF ARROYO GRANDE380 01/27/2023 296490 8,143.94 SOCIAL SECURITY 011.0000.2105 CITY OF ARROYO GRANDE381 01/27/2023 296491 1,958.85 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT382 01/27/2023 296491 23,744.95 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT383 01/27/2023 296492 406.80 STATE SDI CONTRIBUTION 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT384 01/27/2023 296492 2,519.13 STATE PIT W/H 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT385 01/27/2023 296493 565.60 DEPT OF CHILD SUPPORT SERVICES 011.0000.2114 CA STATE DISBURSEMENT UNIT386 01/27/2023 296494 3,200.00 AG CAREER FIREFIGHTERS ASSN: Payment 011.0000.2115 FIVE CITIES PROF. FIREFIGHTERS387 01/27/2023 296495 866.66 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP388 01/27/2023 296495 11,909.00 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP389 01/27/2023 296495 177.07 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP390 01/27/2023 296495 4,007.51 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP391 01/27/2023 296495 275.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP392 01/27/2023 296496 491.40 EE DEFERRED COMP % 011.0000.2117 ICMA RETIREMENT CORP393 01/27/2023 296496 16,488.23 EE DEFERRED COMP FLAT 011.0000.2117 ICMA RETIREMENT CORP394 01/27/2023 296497 85.80 01/23 PRE-PAID LEGAL SERVICES: Payment 011.0000.2125 LEGALSHIELD395 01/27/2023 296498 1,290.50 SEIU DUES: Payment 011.0000.2118 S.E.I.U. LOCAL 620396 01/27/2023 296499 1,077.16 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA $ 2,356,252.20 Page 45 of 174 ATTACHMENT 2 . General Fund 583,765.27 5101 Salaries Full time - Streets Fund 3,138.41 5101 Volunteer Employee Retirement - American Rescue Plan Act - 5102 Salaries Part-Time - PPT - Sewer Fund 1,046.25 5103 Salaries Part-Time - TPT - Water Fund 2,318.96 5105 Salaries OverTime - 590,268.89 5106 Salaries Strike Team OT - 5107 Salaries Standby - 5108 Holiday Pay - 5109 Sick Pay - 5110 Annual Leave Buyback - Administrative Services - 5111 Vacation Buyback 25,765.49 Information Services - 5112 Sick Leave Buyback - Community Development - 5113 Vacation Pay - Police - 5114 Comp Pay - Public Works - Maintenance - 5115 Annual Leave Pay - Public Works - Enterprise - 5116 Salaries - Police FTO - Recreation - Administration - 5121 PERS Retirement - Recreation - Special Events - 5122 Social Security 29,934.73 Children In Motion - 5123 PARS Retirement 749.70 - 5126 State Disability Ins. 1,574.25 5127 Deferred Compensation - 5131 Health Insurance - 5132 Dental Insurance - 5133 Vision Insurance - 5134 Life Insurance - 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 - 5150 Bi-Lingual Pay - 5151 Cell Phone Allowance - 5170 Employee Retention Incentive 532,244.72 590,268.89 OVERTIME BY DEPARTMENT: CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD Employee Retention Incentive Program / Vacation Buyback 1/18/2023 & 1/20/2023 BY FUND BY ACCOUNT Page 46 of 174 ATTACHMENT 2 . General Fund 393,069.58 5101 Salaries Full time 225,354.42 Streets Fund 19,265.14 5101 Volunteer Employee Retirement - American Rescue Plan Act - 5102 Salaries Part-Time - PPT 2,453.87 Sewer Fund 9,593.69 5103 Salaries Part-Time - TPT 15,021.98 Water Fund 22,535.70 5105 Salaries OverTime 8,421.59 444,464.11 5106 Salaries Strike Team OT - 5107 Salaries Standby 1,670.90 5108 Holiday Pay 18,047.57 5109 Sick Pay 1,208.88 5110 Annual Leave Buyback - Administrative Services 16.15 5111 Vacation Buyback - Information Services - 5112 Sick Leave Buyback - Community Development - 5113 Vacation Pay 3,855.40 Police 4,295.33 5114 Comp Pay 945.61 Public Works - Maintenance 4,016.05 5115 Annual Leave Pay 7,080.77 Public Works - Enterprise 94.06 5116 Salaries - Police FTO 336.39 Recreation - Administration - 5121 PERS Retirement 30,131.48 Recreation - Special Events - 5122 Social Security 24,588.57 Children In Motion - 5123 PARS Retirement 203.63 8,421.59 5126 State Disability Ins. 880.92 5127 Deferred Compensation 741.66 5131 Health Insurance 48,022.16 5132 Dental Insurance 2,759.04 5133 Vision Insurance 750.72 5134 Life Insurance 392.58 5135 Long Term Disability 585.95 5137 Leave Payouts 48,729.58 5142 Unemployment Insurance - 5143 Uniform Allowance - 5144 Car Allowance 837.50 5146 Council Expense - 5147 Employee Assistance - 5148 Boot Allowance - 5149 Motor Pay 175.44 5150 Bi-Lingual Pay 150.00 5151 Cell Phone Allowance 1,117.50 444,464.11 OVERTIME BY DEPARTMENT: CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 01/06/2023 - 01/19/2023 1/27/2023 BY FUND BY ACCOUNT Page 47 of 174 Item 9.b. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director SUBJECT: Consideration of Fiscal Year 2022-23 Second Quarter Status Report and Request to Approve Two Budget Adjustment Requests DATE: February 28, 2023 SUMMARY OF ACTION: Consider and file the Fiscal Year (FY) 202 2-23 Second Quarter Financial Status Report and approve two Budget Adjustment Requests. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Preparation of the Second Quarter Financial Status Report requires staff time within the existing work plan and budget for the Administrative Services Department. At the end of the second quarter, FY 2022-23 revenues for the General Fund were $7.3 million, or one percent (1%), below the Budget Target (“Target”). Actual Expenditures were $10.7 million, and below the Budget Target by approximately $2.6 million, or eleven percent (11%). Council is being asked to approve two budget adjustments. The requests include two reallocations of staff salary savings: (1) $75,000 within the Administrative Services Department, IT Division, for a consultant to continue to provide IT Manager staff augmentation; and (2) $100,000 with the Public Works Department, Administrative Division, for a consultant to continue to provide C apital Improvement Program Manager support. No funds are being requested from general fund balance at this time. RECOMMENDATION: Receive, consider, and file the FY 2022-23 Second Quarter Financial Status Report; and approve two Budget Adjustment Requests. BACKGROUND: Second Quarter Financial Report Each fiscal year the City Council adopts a budget, which commits government resources and services to accomplish the City’s mission of making Arroyo Grande the best place possible for everyone who lives, works, and visits here. The Second Quarter Financial Page 48 of 174 Item 9.b. City Council Consideration of Fiscal Year 2022-23 Second Quarter Status Report and Request to Approve Two Budget Adjustment Requests February 28, 2023 Page 2 Status Report is the second of four financial performance reports that staff will present to Council during the 2022-23 fiscal year. The purpose of the FY 2022-23 Second Quarter Financial Status Report is to:  Compare second quarter revenues received and expenditures incurred to the second quarter of the prior year and to the budgeted Target to determine the City’s financial performance;  Provide explanations for key account variances and identify any potential trends that might impact financial planning; and  Provide other key second quarter information including headcount statistics, Capital Improvement Projects status, and requests for City Council approval of Budget Adjustment Requests that have not previously been approved. The City’s actual second quarter financial results will be compared to both the prior year’s second quarter and the budgeted Target. The Target for expenditures is calculated as one half (50%) of the FY 2022-23 Budget and represents the 6-month period from July 2022 through December 2022, except for the Non-Departmental Annual Payments line that has a Target of the full budget. This approach increases the expenditure Target from 50% to 57% for the second quarter. The Target for revenues does not use the 50% Target but a Target of 36% that more accurately reflects the anticipated revenues to be received in the second quarter of the fiscal year. Revenue realization is typically low at the end of the second quarter of the fiscal year due to the tim ing of when major tax revenues are received, the time lag involved in billing cycles, and the receipt of reimbursements. Using the Target as a comparator against actual results provides a simplified method to evaluate performance for the quarter. Budget Adjustments Council is being asked to approve two budget adjustments. These two requests are related to consultant services support during position vacancy related to medical leave or recruitments. ANALYSIS OF ISSUES: Second Quarter (Q2) Revenue and Expenditures Compared to Prior Year Current Year Q2 Actuals Compared to Prior Year Q2 Actuals Second Quarter FY 2022-23 Second Quarter FY 2021-22 Variance Revenue 7,335,181$ 8,844,343$ (1,509,161)$ Expenditures 10,774,789$ 9,467,533$ 1,307,256$ General Fund Page 49 of 174 Item 9.b. City Council Consideration of Fiscal Year 2022-23 Second Quarter Status Report and Request to Approve Two Budget Adjustment Requests February 28, 2023 Page 3 The General Fund is the primary operating fund of the City and accounts for resources and services traditionally associated with government. General Fund revenue s at the second quarter of this year were approximately $1.5 million lower than the second quarter of the prior year. Expenditures were approximately $1.3 million higher at the end of the second quarter of the current fiscal year versus the second quarter of the prior year. A more thorough explanation of second quarter variances is set forth in the attached financial report. The following is a summary of the second quarter variances between the two fiscal years. Revenue (approximately $1.5 million lower) The majority of the $1.5 million variance between the second quarter of this year and the prior second quarter is related to the timing of property taxes received in the second quarter of FY 2021-22 that was not received in the second quarter of FY 2022-23. Expenditures (approximately $1.3 million higher) As mentioned, second quarter expenditures compared to the prior year were higher by $1.3 million. The majority of the variance between the two fiscal quarters is related to increased costs of one-time payments for Liability and Property Insurance, CalPERS Unfunded Accrued Liability, and Workers Compensation. Additionally, the Employee Retention Incentive Program increased expenditures in FY 2022-23 compared to the prior year. Second Quarter (Q2) Revenue and Expenditures Compared to Target Current Year Q2 Actuals Compared to Target The table above compares second quarter actual results to the budgeted Target. Second Quarter actual revenue was short of the Target by $293,396. Second Quarter actual expenditures were also short of the Target by approximately $2.6 million. The following is a summary of the second quarter revenue and expenditure variances compared to the budgeted Target. A more thorough explanation of second quarter variances is set forth in the attached financial report. Revenue ($293,396 lower) The second quarter revenue shortfall compared to the Target is not unusual. Revenue realization is typically low in the second quarter of the fiscal year due to the time lag FY 2022-23 Second Quarter Target FY 2022-23 Second Quarter Actuals Variance Revenue 7,628,577$ 7,335,181$ (293,396)$ Expenditures 13,381,511$ 10,774,789$ (2,606,722)$ General Fund Page 50 of 174 Item 9.b. City Council Consideration of Fiscal Year 2022-23 Second Quarter Status Report and Request to Approve Two Budget Adjustment Requests February 28, 2023 Page 4 involved in billing cycles and the receipt of reimbursements. Some of the larger revenue variances are explained below.  The largest single source of City revenue is Secured Property Tax. Secured Property Tax is billed by the County to property owners and payable in two (2) installments. Property owners typically receive their second property tax bill at the end of September or early October, with a due date of November 1st. The majority of property tax related to the second installment have been received in December 2022. The second installment is due on April 1st and will be reflected in the fourth quarter report. The revenue Target includes the equivalent of four month of property tax revenue, but actuals were still lower than this conservative revenue assumption by $139,843.  Transient Occupancy Tax (TOT) revenue reflects an $133,317 favorable variance to the Target. The Target and actual TOT revenue represents only five months of TOT receipts due to the timing of payments. Lodging facilities have thirty days after the month’s end to make their TOT payments.  Other revenue is made up of Business License Tax, Fines, Intergovernmental Income, Other Charges for Service, and Other Revenues . The actual revenue in this category is lower than the Target by $350,000. The largest variance in this grouping is related to the anticipated revenue f rom the sale of the police fleet that will be received in Q4 after the new Police Explorers are outfitted and ready for use.  Franchise Fees fell short of the Target by $40,900. Recreation Fees fell short of the Target by $40,900 and Transfers to the General Fund fell short of the Target by $29,000. The Target is based on 50% or 6 months of the fiscal year’s total budget. The majority of the variance is timing of payments being issued through second quarter. Revenue in many of these categories is customer drive n and fluctuates over the course of a year as well as year over year based on demand. Expenditures (approximately $2.6 million lower) Actual second quarter expenditures were $2,606,722 under the Target. All of the City’s departments are under their spending Targets. Some of the more significant savings occurred in the Police, Administrative Services, Public Works, and Community Development Departments.  A portion of the variance is attributed to the annual CalPERS UAL retirement payment. This payment was budgeted at $1,856,772 but the actual expenditure was $1,319,522, resulting in a favorable variance to the budget of $537,250.  Other favorable departmental variances compared to the Target include salary savings and lower contractual service spending. Page 51 of 174 Item 9.b. City Council Consideration of Fiscal Year 2022-23 Second Quarter Status Report and Request to Approve Two Budget Adjustment Requests February 28, 2023 Page 5 Budget Adjustments Staff identified two line items for consideration of reallocation through budget adjustment approval, as described in more detail below:  $75,000 Administrative Services Department: The IT Division has had two failed recruitments for IT Manager since the retirement of the City’s long-term employee in August 2022. Since that time, staff has used an existing Consultant for staff augmentation support. This budget request would reallocate $75,000 from salary savings to consultant services within the IT Division budget as staff continue to evaluate the best options for a long-term IT solution.  $100,000 Public Works Department: The Public Works Administrative Divisions has had an employee taking long-term leave. Contractual services will be required in order to continue providing CIP overview services to City staff and the community. Additionally, this division had two vacancies, its Associate Engineer and Administrative Secretary positions, in the second quarter resulting in labor savings of approximately $100,000. This budget request would reallocate $100,000 from salary savings to consultant services within this division budget to provide CIP Support necessitated by employee leave in the Department. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Receive and file the Fiscal Year 2022-23 Second Quarter Financial Status Report and approve two Budget Adjustment Requests; 2. Provide other direction to staff regarding the FY 2022-23 Second Quarter Financial Status Report and the two Budget Adjustment Requests; 3. Receive and file the FY 2022-23 Second Quarter Financial Status Report and do not approve the Budget Adjustment Requests and provide further direction to staff; or 4. Provide other direction to staff. ADVANTAGES: The financial report presents an updated review of the City’s financial performance in the first half of FY 2022-23. Approval of the requested budget adjustments will enable staff to continue providing high quality services to the organization and to the public. DISADVANTAGES: No disadvantages have been identified at this time. Page 52 of 174 Item 9.b. City Council Consideration of Fiscal Year 2022-23 Second Quarter Status Report and Request to Approve Two Budget Adjustment Requests February 28, 2023 Page 6 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. Fiscal Year 2022-23 Second Quarter Financial Status Report Page 53 of 174 ATTACHMENT 1 Page 1 City of Arroyo Grande Fiscal Year 2022-23 Second Quarter Financial Status Report INTRODUCTION The following report is cumulative and includes spending and revenues from the first and second quarters and provides an overview of the City’s fiscal position at the end of the second quarter of Fiscal Year (FY) 2022-23. The purpose of this report is to update the public and the City Council on the City’s financial position at the end of the second quarter of the fiscal year, and compare actual results to the prior year and the budgeted Target, to determine the City’s performance. The second quarter timeframe is July 1 through December 31, 2022. The financial report is organized in the following sections: Section 1 – an overview of City’s financial position at the end of the second quarter of the FY 2022-23. This includes a comparison of second quarter results between the current and prior year. In addition, second quarter results will be compared to the budgeted Target. As part of the analysis, brief explanations of significant revenue and expenditure variances are included. Section 2 – a listing of any personnel changes occurring during the second quarter and a summary of headcount by department. This section also includes the City’s calculated vacancy rate. Section 3 – an update on the Capital Improvement Projects (CIP) managed by the Public Works and Community Development Departments. This section includes information about the status of the City’s CIP Budget. Section 4 – a listing of Budget Amendment Requests previously approved by Council and completed in the second quarter, as well as a list of additional budget adjustments that are being presented to Council along with the second quarter report for consideration and approval. ENSURING FISCAL STABILITY: In Fall 2020, the City Council established a goal to ensure financial stability for the organization throughout the planning, budgeting, and expenditure process, including preparation and presentation of year-end and quarterly financial reports. Page 54 of 174 ATTACHMENT 1 Page 2 SECTION 1: OVERVIEW OF FINANCIAL POSITION CITY FUND STRUCTURE The overall City budget is comprised of many individual funds, which are categorized below. This financial report will focus primarily on the General Fund but will also report on all Governmental Funds. General Fund – The General Fund is the primary operating fund of the City, which accounts for resources and services traditionally associated with government. Special Revenue Funds – Special revenue funds are used to account and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specified purposes other than debt service or capital projects. Debt Service Funds – This fund is used to account for the accumulation of resources and payment of long- term debt principal interest. This includes the USDA loan issued by the City to finance the relocation of City Hall. Enterprise Funds - An enterprise fund is a separate accounting and financial reporting mechanism for which revenues and expenditures are segregated into a fund with financial statements separate from all other governmental activities. These funds include Water and Sewer services provided to City residents. Private Purpose Fund – The private-purpose fund was created to hold the assets of the former Redevelopment Agency of the City of Arroyo Grande until they are distributed. Agency Funds – Agency funds are funds that the City holds on behalf of another entity. Currently, there are two Agency funds. One is the Sanitation District fund, which accounts for the receipt and remittance of wastewater processing fees on behalf of the South San Luis Obispo County Sanitation District. The other is the Downtown Parking Fund, which collects assessments from Arroyo Grande Village merchants within the boundaries of the Parking and Business Improvement Area for maintenance of the Village parking lots. The following chart below shows an overview of the City’s fund structure. Legislative & Information Services Fire Protection Impact Fees City Hall Debt Service Sewer Successor Agency to RDA Downtown Parking Administrative Services Public Access Television Sewer Facility Sanitation Distribution Community Development Police Protection Impact Water Police Department Park Development Water Facility Recreation Services Park Improvement Lopez Water Public Works Recreation Community Center Grace Lane Assessment District Parkside Assessment District Street (Gas Tax) Traffic Signalization Traffic Circulation Transportation Facility Impact Transportation In-Lieu Water Neutralization In-Lieu Affordable Housing Tourism Business Improvement Dist. Water Availability CDBG Grant Fund American Rescue Plan Act (ARPA) State COPS Block Grant Agency FundsSpecial Revenue FundsFIDUCIARY FUNDSGOVERNMENTAL FUNDS ALL FUNDS PROPRIETORY FUNDS General FundDebt Service FundsEnterprise FundsPrivate Purpose FundPage 55 of 174 ATTACHMENT 1 Page 3 CURRENT YEAR ACTUALS COMPARED TO PRIOR YEAR Table 1 below reflects revenue and expenditure patterns through the end of the second quarter of FY 2022-23 and compares the current quarter results against the prior year’s results for all Governmental Funds as well as the City’s General Fund. The totals in the table reflect the second quarter actuals for both revenue and expenditures, divided by that fiscal year’s annual budget. Table 1 The following discussion focuses on both the City’s Governmental Funds and the General Fund and provides a comparison between second quarter results for the current and prior year for both revenue and expenditures.. The Governmental Funds category includes Special Revenue Funds, Debt Service Funds, as well as the General Fund. Governmental Funds – At the end of the second quarter of FY 2022-23, Governmental Fund revenue was $118,666 lower than prior year, and expenditures were higher by $1.3 million. The majority of the revenue and expenditure variances in Governmental Funds were attributed to variances within the General Fund and the American Rescue Plan Act (ARPA) Fund, which is separate from the General Fund and not otherwise addressed in this report. The Governmental Funds category includes the General Fund as well as other Special Revenue Funds. The General Fund and ARPA Fund variances are explained as follows: General Fund - The General Fund is the primary operating fund of the City and accounts for resources and services traditionally associated with government. General Fund revenue in the second quarter was $1.5 million lower than the second quarter of the prior year. Expenditures increased by $1.3 million higher than the second quarter of the prior year. The majority of the expenditure variances between the two fiscal quarters is related to increased costs of one time payments for Liability and Property Insurance, CalPERS Unfunded Accrued Liability, and Workers Compensation. Additionally, the Employee Retention Incentive Program increased expenditures in FY 2022-23 compared to the prior year. ARPA Fund – The ARPA Fund was created to help separately track funding provided pursuant to the American Rescue Plan Act. The Act is intended to provide financial aid to families, governments, businesses, schools, non-profits and others impacted by the COVID-19 public health crisis. To date, the City has received the full amount allocated, totaling $4,300,241. In FY 2021-22, ARPA expenditures Second Quarter FY 2022-23 Second Quarter FY 2021-22 Variance Revenue 13,213,458$ 13,332,125$ (118,666)$ Expenditures 12,129,104$ 10,714,033$ 1,415,071$ Second Quarter FY 2022-23 Second Quarter FY 2021-22 Variance Revenue 7,335,181$ 8,844,343$ (1,509,161)$ Expenditures 10,774,789$ 9,467,533$ 1,307,256$ Governmental Funds General Fund Page 56 of 174 ATTACHMENT 1 Page 4 totaled $604,246. The remaining $3,695,996.22 in APRA allocations will be recognized as revenue in FY 2022-23 as projects are completed and funding is allocated based on spending, no revenue was recognized in the first half of the fiscal year. GENERAL FUND IMPACTS The following discussion focuses on the City’s General Fund performance. Chart 1 starts off with a simple overview of General Fund performance compared to the Target. Next are expenditures by category (Table 2). This is followed by a summarized look at FY 2022-23 second quarter actual expenditures compared to the Target (Table 3). Lastly, a discussion of General Fund revenue is included, which compares second quarter actual results to the Target (Table 4). Using the Target as a comparator against actual results provides a simplified method to evaluate performance for quarter. The Target for revenues does not use the 50% Target but a Target of 36% that more accurately reflects the anticipated revenues to be received in the second quarter of the fiscal year. Revenue realization is typically low at the end of the second quarter of the fiscal year due to the timing of receipt of major tax revenues, the time lag involved in billing cycles, and the receipt of reimbursements. The City’s actual second quarter financial results will be compared to both the prior year’s second quarter and the budgeted Target. The Target for expenditures is calculated as one half (50%) of the FY 2022-23 Budget and represents the 6-month period from July 2022 through December 2022, except for the Non- Departmental Annual Payments line that has a Target of the full budget. This approach increased the Target from 50% to 57% for the second quarter. Chart 1 Chart 1 shows a simple comparison of actual second quarter revenue and expenditures to the Target. The actual second quarter General Fund revenue is less than the budgeted Target by $300,000, which is not unusual since revenue realization is typically lower than the Target through the second quarter due to the time lag involved in billing cycles and the receipt of reimbursements. Likewise, actual expenditures through second quarter totaled $10.8 million, or 46% of the full year’s Budget, and are under the Target by $2.6 million. A more detailed discussion on General Fund revenue and expenditure variances is included later in this report. $7.6 $13.4 $7.3 $10.8 REVENUES EXPENDITURESDollars (in millions)FY 2022-23 Second Quarter Target Actual Page 57 of 174 ATTACHMENT 1 Page 5 Table 2 Table 2 reflects major expenditure cost categories within the General Fund. This chart is intended to explain where the City’s resources were spent during the second quarter. Within the total expenditures of $10.7 million, 64.6% of the City’s costs are associated with personnel, 30.6% with operating and maintenance, 2.8% for the City’s debt service, 0.2% for Capital Outlay, and 1.8% with transfers to other funds. Table 3 reflects the second quarter status of all General Fund operating departments. Some departments include multiple divisions. The divisions are consolidated under their respective department, rather than reflected individually within the table. Table 3 – General Fund Expenditures by Department Overall, second quarter expenditures were $2,606,722 under the Target. Though all City departments were under their spending Targets, some of the more significant savings occurred in the Non- Departmental Annual Payments, Police, Public Works, and Community Development Departments. The second quarter Target is based on six months or 50%, except for the Non-Departmental Annual Payments line that has a Target of the full budget. This approach increased the Target from 50% to 57% for the second quarter. This line includes the City’s Unfunded Accrued Liability (UAL) retirement payment and the General and Liability Insurance payment. A more detailed explanation of key expenditure variances by individual department/division is provided below. City Administration 1,355,056$ 677,528$ 463,207$ 214,321$ 16% Legislative & Information Services 496,875 248,438 176,326 72,111 15% Administration Services 6,222,729 3,111,365 2,591,114 520,251 8% Non-Departmental Annual Payments 3,218,631 3,218,631 2,685,301 533,330 17% Community Development 2,099,600 1,049,800 807,839 241,961 12% Police Department 6,543,934 3,271,967 2,593,168 678,799 10% Recreation Services 1,230,500 615,250 544,860 70,390 6% Public Works 2,377,065 1,188,533 912,973 275,559 12% TOTAL EXPEDITURES 23,544,390 13,381,511 10,774,789 2,606,722 11% % Fav/(Unfav) General Fund Department Variances - Second Quarter General Fund Department 2022-23 Budget 2022-23 Q2 Actuals Dollar Fav/(Unfav) 2022-23 Q2 Target FY 2022-23 % of Q2 Acutals Actuals Personnel Costs 6,956,609$ 64.6% Operating Costs 3,298,418 30.6% Debt Service 298,696 2.8% Capital Outlay 25,567 0.2% Transfers Out 195,498 1.8% Total 10,774,789$ Expenditure Category Page 58 of 174 ATTACHMENT 1 Page 6 KEY EXPENDITURE VARIANCES FOR INDIVIDUAL DIVISIONS/DEPARTMENTS FOR FISCAL YEAR 2022-23 The Administrative Services Department includes the City’s Fiscal as well as Information Technology functions. Some of the more significant variances in the Administrative Services Department include:  The annual CalPERS UAL retirement payment was budgeted at $1,856,772 but the actual expenditure was $1,319,522. This budget also includes funding for a true-up payment to the Five Cities Fire Authority (FCFA) totaling an estimated $550,000 ($50,000 per year for 10 years + $50,000 for FY 2022-23) for the City’s share of accrued actuarial liability for employees who worked for the City before the FCFA was formed. No new CalPERS plan was created for the FCFA and instead all FCFA employees have been covered under the City of Arroyo Grande’s CalPERS pension plans. As a result, the City’s CalPERS plans include liabilities for employees and retirees of the City and of FCFA. Since the JPA was formed, FCFA has paid the full costs of the City’s Fire Safety CalPERS plans. As a result, the FCFA has been paying the CalPERS liabilities of City of Arroyo Grande employees that were incurred before the FCFA was formed. The City will be required to pay back these amounts as part of the unwinding process contemplated in the Third Amendment to the JPA.  CIP Fund Transfers of approximately $423,178 is a favorable variance at mid-year related to the pavement management program, corporation yard upgrades, replacement generator at station 1, and fuel management system/dispenser replacement.. These projects are still in process and will remain a variance until expected project completion in Q4 of this fiscal year.  Contractual services of approximately $50,000 is a favorable variance for the Master Fee Study contract beginning in September and Accounting/HR Support contract beginning in December. Police Services includes the functions of Administration, Patrol Services, Support Services and the Office of Traffic Safety (OTS) Grant for Traffic/DUI Enforcement Program. For simplicity, Police Services will be analyzed in total rather than by individual divisions. Some of the more significant variances include:  The Police Department has $247,000 budgeted for vehicle replacement for a Ford Ranger Crew Cab, Ford F250, and Ford Transit Van. With vehicle order delays from the manufacturer, none of these vehicles have arrived, creating a variance of approximately $123,500.  The Police Department currently has one vacancy, one employee on medical leave, and has had filled position vacancies with successive promotional opportunities throughout the first half of the fiscal year resulting in labor savings of approximately $296,000.  The contract with the County Sheriff Department for dispatch services is paid semiannually in the months of February and June. Payments for these services will not be made until the third and fourth quarters, resulting in a second quarter favorable variance to the Target of $220,430. Department: Administrative Services Division: 4120-Administrative Services and 4145-Non Departmental Issue: Overall savings in Contractual Services and CalPERS prepayment Impact to General Fund: $1,053,582 savings Department: Police Services Division: Various (4201, 4203, 4204, 4209) Issue: Overall savings in salaries and benefits Impact to General Fund: $678,799 savings Page 59 of 174 ATTACHMENT 1 Page 7  Under the City’s contract with the County for Animal Control Services, the October through December payment was made in the third quarter, resulting in a second quarter favorable variance to the Target of $22,125 under the Police Administration budget. The Public Works Department includes the functions of Government Buildings, Auto Shop, Administration, Park Maintenance, and Soto Sports Complex Divisions within the General Fund. The majority of the favorable variance in this department can be attributed to salary savings and lower spending in contractual services. For simplicity, Public Works will be analyzed in total rather than by individual divisions. Some of the more significant variances include:  The Government Buildings Division vehicle replacement payment for 3/4 Ton Pickup with Utility Bed will not be paid until the City receives the equipment later this fiscal year, resulting in a favorable variance of $30,500.  The Public Works Administration Division currently has two vacancies, Associate Engineer and Administrative Secretary positions, in the second quarter resulting in labor savings of approximately $100,000.  The December Electricity Payment to PG&E was paid in the third quarter resulting in a second quarter favorable variance of $18,000.  Minimal contractual services for the Public Works Administration Division were incurred through second quarter resulting in $32,758 of favorability to the Target. The following table will summarize where these savings occurred:  The vacancy of the Maintenance Worker position in the Parks Maintenance division in the second quarter resulted in labor savings of approximately $44,700.  The Parks Maintenance Division equipment replacement payment for the Riding Lawn Mower and a portion of the Wood Chipper will not be paid until the City receives the equipment later this fiscal year, resulting in a favorable variance of $35,000. The Community Development Department includes the functions of Planning, Engineering, and Building & Safety Divisions. The majority of the favorable variance in this department can be attributed to salary savings and lower spending in contractual services. Salary PW Administration Services Budget Target Expenditures Variance Street sweeping services 28,800 14,400 9,000 5,400 Traffic signal services 43,000 21,500 8,175 13,325 Facility Dude Annual Fee 1,000 500 - 500 CIP Consultant Services 7,000 3,500 - 3,500 Charter Communication 600 300 267 33 Misc. consultant services 20,000 10,000 - 10,000 100,400 50,200 17,442 32,758 Department: Public Works Division: Various (4213, 4305, 4307, 4420, 4430) Issue: Overall savings in salaries and contractual services Impact to General Fund: $275,559 savings Department: Community Development Division: Various (4301, 4130, 4212) Issue: Overall savings in salaries and contractual services Impact to General Fund: $241,961 savings Page 60 of 174 ATTACHMENT 1 Page 8 savings within Community Development is attributed to a number of staffing variances that occurred through the second quarter of the fiscal year and include:  The Planning Division filled position vacancies with successive promotional opportunities throughout the first half of the fiscal year resulting in labor savings of approximately $125,000.  Minimal contractual services for the Planning Division were incurred through second quarter resulting in $86,938 of favorability to the Target. The following table will summarize where these savings occurred:  The part-time CDD Intern position remained vacant through the second quarter resulting in a favorable variance of $7,500.  A portion of Contractual services for the Engineering Division were incurred through second quarter resulting in a favorable variance of $16,086 to the Target. The following table will summarize where these savings occurred: Budget Target Expenditures Variance 100,000 50,000 - 50,000 50,000 25,000 - 25,000 30,000 15,000 3,063 11,938 180,000 90,000 3,063 86,938 On-Call Planning Services and Misc. Planning Studies On-Call Environmental Review Services Comprehensive General Plan Update Planning Contractual Services Engineering Contractual Services Budget Target Expenditures Variance Stormwater: 2nd Nature Software 9,000 4,500 8,574 (4,074) Annual Water Quality Testing/Report 15,000 7,500 - 7,500 MS4 Permit 7,000 3,500 10,602 (7,102) On-Call Engineering Services 130,000 65,000 45,239 19,761 161,000 80,500 64,414 16,086 Page 61 of 174 ATTACHMENT 1 Page 9 KEY REVENUE VARIANCES BY ACCOUNT FOR THE SECOND QUARTER Table 4 – General Fund Revenue As reflected in Table 4, second quarter actual revenue was short of the Target by $293,396. This table uses a Target of 36% that more accurately reflects the anticipated revenues to be received in the second quarter of the fiscal year. Revenue realization is typically low at the end of the second quarter of the fiscal year due to the time lag involved in billing cycles and the receipt of reimbursements. A more detailed discussion is included below to help explain actual revenue variances through second quarter compared to the Target. Property Tax –The majority of the City’s property tax revenue comes from Secured Property Taxes. This tax is billed on a fiscal year (July 1- June 30) basis and is payable in two (2) annual installments. Property owners typically receive their second property tax bill at the end of September or early October, with a due date of November 1st. The majority of property tax related to the second installment was received in December 2022. The second property tax bill installment is received in April 2023 and will be included in the fourth quarter report. Property tax typically represents around 29% of the City’s annual revenue. The Target is based on one month of Property Tax revenue. Actual revenue received in this category was lower than this conservative Target. Sales Tax – Sales tax realization through second quarter is 5% higher than the Target. Actual sales tax revenue received through second quarter was $1,798,479 and represents five months of payments (Jul – Nov). The Target is also based on five months of revenue, taking into account the timing of anticipated payments. Transient Occupancy Tax (TOT) – TOT revenue is reflecting an $133,317 favorable variance to the Target. The Target and actual TOT revenue represents five months of TOT receipts due to the timing of payments. Lodging facilities have thirty days after the month’s end to make their TOT payments. Property Tax 6,079,509$ 2,026,503$ 1,886,660$ (139,843)$ -2% Sales Tax 4,730,375 1,576,792 1,798,479 221,688 5% Transient Occ. Tax 1,300,000 541,667 674,984 133,317 10% Property Tax in Lieu of VLF 1,933,600 - - - 0% Franchise Fees 703,900 293,292 252,436 (40,856) -6% License & Permit Fees 431,100 215,550 217,758 2,208 1% User Fees 536,800 268,400 209,762 (58,638) -11% Planning Fees 353,700 176,850 185,635 8,785 2% Recreation Fees 822,610 411,305 370,448 (40,857) -5% Transfers In 3,012,700 1,506,350 1,477,350 (29,000) -1% Other Revenue 1,223,738 611,869 261,669 (350,200) -29% TOTAL 21,128,032 7,628,577 7,335,181 (293,396) -1% FY 2022-23 Q2 Target % Fav/(Unfav) General Fund Revenue Variances - Second Quarter REVENUE BY CATEGORY 2022-23 Budget FY 2022-23 Q2 Actuals Dollar (Unfav)/Fav Page 62 of 174 ATTACHMENT 1 Page 10 Property Tax in Lieu of Vehicle License Fees (VLF) – Property tax in lieu of VLF is received in two installments during the fiscal year. Typically, the revenue is received in the months of January (3rd quarter) and June (4th quarter). The Target for this revenue is zero in the first half of the fiscal year. Franchise Fees – Only five months of South County Sanitary (Waste Connection) franchise fees were received through second quarter. In addition, Charter Communications franchise fees earned in the second quarter will not be paid and received until the third quarter. In light of the timing of payments, the Target is based on 5 months of revenue. Without the Charter Communications franchise fee receipts, the actual revenue at the end of the second quarter is lower than the Target by $40,856. License & Permit Fees and Planning Fees– License and permit revenue was slightly above the Target by $2,208. Planning revenue exceeded the Target by $8,785. The Target is based on 50% or 6 months of the fiscal year’s total budget. Revenue in this category is customer driven and fluctuates over the course of a year as well as year over year based on demand. Recreation Fees– Recreation revenue fell short of the Target by $40,857. The Target is based on 6 months of the fiscal year’s total budget. The shortfall is related Play and Learn Summer session revenues which are not anticipated to be received until June 2022. Other Revenues – This revenue category includes business license tax, fines, revenue from other government agencies, charges for services and any other revenues accounts received in the general fund. The largest variance in this category is related to two revenue accounts; expense recovery for police and revenue from other government agencies.  The expense recovery for police vehicles revenue related to the sale of surplus Police Patrol vehicles has not taken place, since the new leased vehicles have not yet been received. This results in a revenue shortfall of approximately $200,000.  The revenue from other government agencies accounts for the SB 1090 funds earmarked for use of the general plan update. Once these funds would be spent for this project the revenue would be recognized at that time. This results in a revenue shortfall of approximately $75,000. Page 63 of 174 ATTACHMENT 1 Page 11 SECTION 2: POSITION CHANGES AND HEADCOUNT NUMBERS POSITION ALLOCATION CHANGES MADE BY THE CITY COUNCIL (2nd Quarter) None made during this quarter. FULL TIME EQUIVALENT (FTE) BY DEPARTMENT – PERMANENT STAFF ONLY The following table reflects FTE staffing by department. The table only includes permanent staff and does not include part-time or temporary staffing. While departments may hire part-time staff on a regular or seasonal basis, they are not included in the analysis below. EMPLOYEE VACANCY RATE The City’s employee vacancy rate at the end of the second quarter of FY 2022-23 was 7.7%. This equates to eight (6) vacant positions. The vacancy rate tracks the number of permanent vacant positions at the end of the quarter in comparison to the total number of permanent positions available. Unlike a turnover rate, which tracks employees that separated during the period, the vacancy rate only looks at vacancies at the end of period. The costs associated with turnover includes the cost of advertising new positions, training, overtime, lowered productivity, and workload balance. Department Adopted Budget Headcount (FTE’s) Vacancies (2nd Qtr) % of Total Staffing Vacant Positions City Manager & Human Resources 3 - 4% Administrative Services 7 1 9%IT Manager Community Development 10 1 13%Permit Tech. Legislative & Info Services 2 - 3% Police Services 29 1 37%Police Officer Public Works 24 3 31%Maintenance Worker, Associate Engineer, Administrative Secretary Recreation Services 3 - 4% Total 78 6 100% Page 64 of 174 ATTACHMENT 1 Page 12 SECTION 3: UPDATE ON COMPLETED CAPITAL PROJECTS This information is provided to keep the Council apprised of the status of the City’s Capital Improvement Projects (CIP). Project Number Project Fund Budget FY 2022-23* Current Status Project Budget Expended 350-5564 Elm St. Park Playground Structure State Grant/Donations/Park 280,703$ Completed 138,172$ 350-5607 Pedestrian Crossing Enhancements HSIP/RSHA 370,977$ Completed 261,606$ 350-5515 Various Park Renovations Park Improvement 43,418$ In Progress -$ 350-5795 Oak Park Boulevard / El Camino Real Storm Drain System ARPA 384,570$ In Progress 14,757$ 612-5821 Trenchless Sewer Rehabilitation - Wood, Sandalwood, Cameron, Woodland Backyards ARPA 246,777$ In Progress 145,111$ 350-5563 Citywide Trash/Recycle Receptacle Replacement Park Improvement 1,582$ In Progress -$ 350-5565 Soto Sports Complex Fencing Repairs Park Improvement 17,952$ In Progress 11,250$ 350-5612 Systematic Safety Analysis Report Program (SSARP)General 2,664$ In Progress -$ 350-5614 Bridge Street Bridge Habitat Mitigation HBP 48,628$ In Progress -$ 350-5620 Swinging Bridge Rehabilitation Sales Tax 1,160,474$ In Progress 15,752$ 350-5658 Sidewalk Repairs and Improvements Sales Tax/CDBG 205,924$ In Progress 42,697$ 350-5679 Traffic Way Bridge Replacement HBP/Sales Tax 629,030$ In Progress 51,515$ 350-5463 Woman's Club Improvements Sales Tax/Donations 4,367$ In Progress 1,345$ 350-5473 Replacement Generator at Station 1 Other Gov Agencies/General/Sales 660,911$ In Progress 32,293$ 350-5474 Fuel Management System/Dispenser Replacement General/Sewer/Water/ Sales Tax 64,350$ In Progress 16,666$ 350-5540 Central Irrigation Controls Park Improvement 15,000$ In Progress 5,253$ 350-5559 ADA Drinking Fountains Park Improvement 12,484$ In Progress -$ 350-5681 Fair Oaks/Halcyon Road Traffic Signal Update Traffic Signalization 40,000$ In Progress 14,137$ 350-5797 Storm Drain System at 251 East Grand Avenue ARPA 14,731$ In Progress 281$ 640-5944 Water Well #11 Facilities Water Availability 42,771$ In Progress -$ 640-5946 Galvanized Service Replacements Water 88,093$ In Progress 20,183$ 640-5975 Central Coast Blue Water Availability 1,774,574$ In Progress 1$ 350-5638 Pavement Management Program USHA/General/SB1/Sale s Tax 5,407,698$ In Progress 499,460$ 612-5852 The Pike Sewer Line Replacement Sewer 24,977$ In Progress -$ 350-5642 Brisco Road / US 101 Interchange RSHA/STIP/MPDG/ Traffic Signalization /Transportation Facility 1,407,468$ In Progress -$ 350-5621 Arroyo Grande Creek Stabilization Sales Tax 40,000$ In Progress -$ 350-5453 Financial Management Software Sewer/Water/Sales Tax 225,000$ In Progress -$ 350-5468 Public Safety Video Cameras COPS/Sales Tax 125,000$ In Progress -$ 350-5472 Network Switch Replacement Sales Tax 24,000$ In Progress 640-5953 SCADA Software/Electronics Upgrade Water 229,900$ In Progress -$ 350-5450 Corporation Yard Renovations General/Sewer/Water/ Sales Tax 80,502$ In Progress -$ 350-5476 City Hall Front Door ADA (CDBG)CDBG 53,341$ In Progress -$ 350-5422 Le Point Street Parking Lot Expansion Sales Tax 85,000$ In Progress -$ 350-5695 Active Transportation Plan ATP/Sales Tax 125,000$ In Progress -$ 350-5794 Corrugated Metal Pipe (CMP) Lining Sales Tax/ARPA 500,000$ In Progress -$ Page 65 of 174 ATTACHMENT 1 Page 13 *includes carryover budget Project Number Project Fund Budget FY 2022-23* Current Status Project Budget Expended 640-5911 Phased Mains Replacement - South Halcyon Road, Cornwall Street to Fair Oaks Avenue Water Facility/ARPA 719,474$ In Progress -$ 350-5566 Various Open Space Fire / Fuel Management Sales Tax 100,000$ In Progress 4,100$ 350-5601 Fair Oaks/Orchard Avenue Intersection Improvements Developer 50,000$ In Progress -$ 350-5470 Report Management System (RMS) Upgrade at PD COPS 150,000$ In Progress -$ 350-5556 Recreation Services / Community Center Building Sales Tax 46,195$ In Progress -$ 350-5796 Storm Water Master Plan Update / Watershed Management Plan ARPA 222,500$ In Progress -$ 612-5849 Maintenance Hole Rehabilitation Developer/Sewer 69,842$ Not Started -$ 350-5629 Guardrail Replacement Sales Tax 55,000$ Not Started -$ 350-5430 Short Street Plaza General 30,000$ Not Started -$ 350-5554 Soto Sports Complex ADA Bleachers Park Improvement 15,000$ Not Started -$ 640-5973 Phased Main Replacement - Highway 101 Crossing Upgrade, El Camino Real to West Branch Street ARPA 291,200$ Not Started -$ 612-5826 Trenchless Sewer Rehabilitation - Woodland Drive and Ash Street Developer/Sewer 132,200$ Not Started -$ Page 66 of 174 ATTACHMENT 1 Page 14 SECTION 4: APPROPRIATION TRANSFERS AND BUDGET ADJUSTMENTS Administrative and Previously-Approved Second Quarter Budget Adjustments The following second quarter budget adjustments were previously approved by Council or are classified as administrative and not requiring Council approval. Administrative Services Department: Appropriated funds for 6 budget adjustments reviewed in the First Quarter Financial Status Report. The overall impact to the budget increased the General Fund expenditures by $17,000, Water Availability expenditures by $6,134, and COPS Fund expenditures by $8,654 as reflected in the following table: Additional Requested Second Quarter Budget Adjustments In addition to adjustments previously-approved by the City Council during the second quarter, two new budget adjustments are proposed for approval along with the review and receipt of this report.  $75,000 Administrative Services Department: The IT Division has had two failed recruitments for IT Manager since the retirement of the City’s long term IT Manager in August 2022. Since that time, the City has used an existing Consultant for staff augmentation support. This budget request would reallocate $75,000 from salary savings in the Administrative Services Department to consultant services within the IT Division budget as staff continue to evaluate the best options for a long-term IT solution.  $100,000 Public Works Department: The Public Works Administrative Divisions has had an employee taking long-term leave. Contractual services will be required in order to continue providing CIP management services to City staff and the community. Additionally, this division has had two current vacancies, its Associate Engineer and Administrative Secretary positions, in the second quarter resulting in labor savings of approximately $100,000. This budget request would reallocate $100,000 from salary savings to consultant services within this division budget to provide CIP Support necessitated by employee leave in the Department. Request Revenue Expenditure General Fund Impact Water Availability Fund Impact COPS Fund Impact Original Budget Carryover OTS Grant for Traffic/DUI Enforcement 11,542 11,542 - - - Carryover Retraining Scholarship Program 25,000 25,000 - - - Cash for Grass Program - 6,134 - 6,134 - Radio Communication System Upgrade 13,346 26,000 - - 8,654 4,000 Steam Clean Village Sidewalks - 17,000 17,000 - - Elm Street Park Holiday Tree Lighting 10,000 10,000 - - - Totals 59,888 95,676 17,000 6,134 8,654 4,000 Page 67 of 174 Item 9.c. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director SUBJECT: Consideration of a Resolution Designating Authorized Agents for the City’s Application(s) for State and Federal Disaster Relief Funds DATE: February 28, 2023 SUMMARY OF ACTION: Approval of the proposed Resolution will authorize the City Manager, Administrative Services Director, and Accounting Manager as authorized agents for the City’s application(s) for state and federal disaster cost recovery assistance . Approval of the Resolution will enable the City to receive relief related to the January 2023 storm events. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no direct fiscal impact from adoption of the Resolution. The impact on personnel resources is unknown at this time. The designation of authorized signatories will provide the City with the opportunity to recover state and federal disaster relief f unds. RECOMMENDATION: 1) Adopt a Resolution authorizing the City’s City Manager, Administrative Services Director, and Accounting Manager as authorized agents for completion of an application(s) for state and federal disaster cost recovery assistance. 2) Make findings that adopting the Resolution Designating Authorized Agents for the City’s Application(s) for State and Federal Disaster Relief Funds is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) BACKGROUND: On January 4, 2023, Governor Newsom issued a Proclamation of a State of Emergen cy 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 th at conditions of extreme peril to the safety of persons and property exist due to these storms, 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 Page 68 of 174 Item 9.c. City Council Consideration of a Resolution Designating Authorized Agents for the City’s Application(s) for State and Federal Disaster Relief Funds February 28, 2023 Page 2 counties, including San Luis Obispo County. Statewide, the storms threatened 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 C ounty 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 the severe winter storms. On January 18, 2023, the City Manager, acting as the Director of Emergency Services, proclaimed the existence of a 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. On January 24, 2023, the City Council adopted a Resolution Proclaiming and Affirming the Existence of a Local Emergency and reaffirmed the emergency proclamation on February 14, 2023. The City experienced significant storm damage related to rising water levels along Arroyo Grande Creek, Tally Ho Creek, and throughout other areas of the City. The City incurred costs associated with tree and debris removal, equipment rentals, damage repairs, and personnel overtime. On Wednesday, February 8, 2023, City staff met with California Governor’s Office of Emergency Services (CalOES) representatives and applied to CalOES for public assistance. In order to apply for and receive state or federal disaster relief funds, the City Council must designate Authorized Agent(s) for the City of Arroyo Grande’s applic ations for cost recovery assistance and to provide certain assurances to CalOES (Attachment 1). Authorized Agents are the City officials authorized by the City Council to execute applications and other documents as required by FEMA and CalOES for public assistance. The State and FEMA may decide that the City is not eligible for disaster relief after reviewing the documentation presented. ANALYSIS OF ISSUES: Staff requests that City Council designate Authorized Agents for processing the City’s application(s) for state and federal disaster relief funds. The authorized agent(s) must be someone other than the governing board, in this case the City Council. It is recommended Page 69 of 174 Item 9.c. City Council Consideration of a Resolution Designating Authorized Agents for the City’s Application(s) for State and Federal Disaster Relief Funds February 28, 2023 Page 3 the Council adopt a Resolution listing the following positions as Authorized Agents for the City for the purposes of applying for state or federal assistance: 1. City Manager 2. Administrative Services Director 3. Accounting Manager The proposed Resolution will apply generally to any event in which the City may be eligible for state or federal disaster relief funds, including but not limited to the January 2023 storm event disaster. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt a Resolution designating authorized agents for completion of the City’s application(s) for State and Federal Disaster Cost Recovery Assistance; or 2. Provide other direction to staff. ADVANTAGES: The City could receive state and/or federal funding to reimburse the City for a portion of the funds expended during the response and clean-up of the January 2023 storm events. DISADVANTAGES: There are no disadvantages to designating authorized agents for this purpose. ENVIRONMENTAL REVIEW: Adopting the Resolution Designating Authorized Agents for the City’s Application(s) for State and Federal Disaster Relief Funds is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Proposed Resolution Page 70 of 174 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DESIGNATING AUTHORIZED AGENTS FOR THE CITY’S APPLICATION(S) FOR STATE AND FEDERAL DISASTER COST RECOVERY ASSISTANCE WHEREAS, the City of Arroyo Grande seeks to apply for state and federal disaster cost recovery assistance, including as an applicant for federal financial assistance for any existing or future grant program through the California Governor’s Office of Emergency Services; and WHEREAS, the California Governor’s Office of Emergency Services (CalOES) requires that the City’s governing body identify Authorized Agents for purposes of applying for such assistance via a Cal OES Form 130 (Exhibit A); and WHEREAS, the Arroyo Grande City Council is the City’s governing body, responsible for appointing and approving the Authorized Agents; and WHEREAS, adopting this Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. That the 1) City Manager; or 2) Administrative Services Director; or 3) Accounting Manager, are all hereby authorized to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services, and execute for and on behalf of the City of Arroyo Grande, California, a public entity established under the laws of the State of California, this application, attached hereto in Exhibit A, and any grants for which it has applied, and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. 2. That the City of Arroyo Grande, a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Page 71 of 174 RESOLUTION NO. PAGE 2 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 28th day of February, 2023. Page 72 of 174 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: ISAAC ROSEN, INTERIM CITY ATTORNEY Page 73 of 174 DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR 12167$7($*(1&,(6 %(,75(62/9('%<7+(2)7+( *RYHUQLQJ%RG\  1DPHRI$SSOLFDQW  7+$725 7LWOHRI$XWKRUL]HG$JHQW  25 7LWOHRI$XWKRUL]HG$JHQW  7LWOHRI$XWKRUL]HG$JHQW  LVKHUHE\DXWKRUL]HGWRH[HFXWHIRUDQGRQEHKDOIRIWKH  1DPHRI$SSOLFDQW  DSXEOLFHQWLW\HVWDEOLVKHGXQGHUWKHODZVRIWKH6WDWHRI&DOLIRUQLDWKLVDSSOLFDWLRQ DQGWRILOHLWZLWKWKH&DOLIRUQLD*RYHUQRU·V2IILFHRI(PHUJHQF\6HUYLFHVIRUWKH SXUSRVHRIREWDLQLQJIHGHUDOILQDQFLDODVVLVWDQFHIRUDQ\H[LVWLQJRUIXWXUHJUDQW SURJUDPLQFOXGLQJEXWQRWOLPLWHGWRDQ\RIWKHIROORZLQJ -Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), XQGHU -3XEOLF/DZDVDPHQGHGE\WKH5REHUW76WDIIRUG'LVDVWHU5HOLHIDQG (PHUJHQF\$VVLVWDQFH$FWRIDQGRUVWDWHILQDQFLDODVVLVWDQFHXQGHUWKH &DOLIRUQLD'LVDVWHU$VVLVWDQFH$FW - Flood Mitigation Assistance Program (FMA)XQGHU6HFWLRQRIWKH1DWLRQDO )ORRG,QVXUDQFH$FWRI - National Earthquake Hazards Reduction Program (NEHRP) 86&RGH E   $  L[ DQG86&RGH E    % 1DWLRQDO(DUWKTXDNH+D]DUGV 5HGXFWLRQ3URJUDPDQGDOVR7KH&RQVROLGDWHG$SSURSULDWLRQV$FW'LY) 'HSDUWPHQWRI+RPHODQG6HFXULW\$SSURSULDWLRQV$FW3XE/1R - California Early Earthquake Warning (CEEW)XQGHU&$*RY&RGH²*RY7LWOH 'LY&KDSWHU$UWLFOH6HFWLRQV 7KDWWKH DSXEOLFHQWLW\HVWDEOLVKHGXQGHUWKH 1DPHRI$SSOLFDQW  ODZVRIWKH6WDWHRI&DOLIRUQLDKHUHE\DXWKRUL]HVLWVDJHQW V WRSURYLGHWRWKH *RYHUQRU·V2IILFHRI(PHUJHQF\6HUYLFHVIRUDOOPDWWHUVSHUWDLQLQJWRVXFKVWDWH GLVDVWHUDVVLVWDQFHWKHDVVXUDQFHVDQGDJUHHPHQWVUHTXLUHG 67$7(2)&$/,)251,$ &$/,)251,$*29(5125 62)),&(2)(0(5*(1&<6(59,&(6 '(6,*1$7,212)$33/,&$17 6$*(175(62/87,21 12167$7($*(1&,(6 2(6)3' 5HY  5(&29(5<',5(&725$7( ),1$1&,$/352&(66,1*',9,6,21 &DO2(6,'1RBBBBBBBBBBBBB OES-)3' Rev. 2022 3DJHRI City Council City of Arroyo Grande City Manager Administrative Services Director Accounting Manager City of Arroyo Grande City of Arroyo Grande EXHIBIT A Page 74 of 174 Please check the appropriate box below 7KLVLVDXQLYHUVDOUHVROXWLRQDQGLVHIIHFWLYHIRUDOORSHQDQGIXWXUH GLVDVWHUVJUDQWVGHFODUHGXSWRWKUHH  \HDUVIROORZLQJWKHGDWHRIDSSURYDO 7KLVLVDGLVDVWHUJUDQWVSHFLILFUHVROXWLRQDQGLVHIIHFWLYHIRURQO\ GLVDVWHUJUDQWQXPEHU V  3DVVHGDQGDSSURYHGWKLV BBGD\RI 1DPHDQG7LWOHRI*RYHUQLQJ%RG\5HSUHVHQWDWLYH  1DPHDQG7LWOHRI*RYHUQLQJ%RG\5HSUHVHQWDWLYH  1DPHDQG7LWOHRI*RYHUQLQJ%RG\5HSUHVHQWDWLYH  CERTIFICATION , GXO\DSSRLQWHGDQG RI 1DPH   7LWOH  GRKHUHE\FHUWLI\WKDWWKHDERYHLVDWUXHDQG 1DPHRI$SSOLFDQW  FRUUHFWFRS\RIDUHVROXWLRQSDVVHGDQGDSSURYHGE\WKH  *RYHUQLQJ%RG\  RIWKH RQWKHGD\RI   1DPHRI$SSOLFDQW  6LJQDWXUH  7LWOH  67$7(2)&$/,)251,$ &$/,)251,$*29(5125 62)),&(2)(0(5*(1&<6(59,&(6 '(6,*1$7,212)$33/,&$17 6$*(175(62/87,21 12167$7($*(1&,(6 2(6)3' 5HY  5(&29(5<',5(&725$7( ),1$1&,$/352&(66,1*',9,6,21 OES-)3'- Rev. 2022 3DJHRI ✔ 28 February 23 Caren Ray Russom, Mayor; Kristen Barneich, Mayor Pro Tem; Lan George, Council Member; Jim Gutherie, Council Member; and Kate Secrest, Council Member Jessica Matson City Clerk City of Arroyo Grande City Council City of Arroyo Grande 28 February 23 City Clerk Page 75 of 174 Cal OES Form 130 Instructions A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. 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MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager BY: Aleah Bergam, Management Analyst SUBJECT: Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the January 2023 Storm Events DATE: February 28, 2023 SUMMARY OF ACTION: Adoption of the Resolution will continue the declared local emergency related to the January 2023 storm events. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no direct fiscal impacts related to the proposed action; 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 January 2023 storm events. RECOMMENDATION: 1) Adopt a Resolution declaring a continued local emergency related to the January 2023 storm events. 2) Make findings that adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indire ct, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) BACKGROUND: As the City Council is aware, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in her capacity as the Director of Emergency Services, proclaimed a local emergency on January 18, 2023, regarding the severe January 2023 winter storms. The City Council ratified the proclamation at its regular meeting on January 24, 2023. Page 78 of 174 Item 9.d. City Council Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the January 2023 Storm Events February 28, 2023 Page 2 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 emergency related to the January 2023 storm events within the required 21-day time period since the ratification of the proclamation at its January 24, 2023 regular meeting. This item is being presented to the City Council to satisfy the requirements of Section 8.12.065(C). Given the current state of emergency proclaimed by the Governor, and the Presidential Major Disaster Declaration declared on January 14, 2023 and Presidential Emergency Declaration declared on January 9, 2023, it is recommended that the City Council adopt the Resolution declaring the need to continue the emergency declaration. City staff continue to dedicate time towards responding to storm recovery efforts and continue to require support from County, State, and federal emergency response resources to support these efforts. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution declaring a continued local emergency related to the January 2023 storm events; 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 January 2023 severe winter storms and support the City’s efforts to obtain assistance from County, State, and federal emergency response resources to recover from the disaster. DISADVANTAGES: No disadvantages have been identified to adopting the Resolution. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Page 79 of 174 Item 9.d. City Council Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the January 2023 Storm Events February 28, 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 80 of 174 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE JANUARY 2023 WINTER STORMS WHEREAS, on January 18, 2023, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in her capacity as the Director of Emergency Services Director, proclaimed 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; and WHEREAS, the City Council ratified the emergency proclamation through adoption of Resolution No. 5259 at its regular meeting on January 24, 2023; 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 a Resolution declaring a continued local emergency related to the January 2023 Storm events on February 14, 2023; and WHEREAS, pursuant to the provisions of Government Code section 8558(b), on January 4, 2023, the Governor of the S tate of California issued a Proclamation of a State of Emergency (“Governor’s Proclamation”) related 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 enabling public agencies in impacted counties that suffered damage or losses from the storms eligible to apply for federal disast er assistance; and WHEREAS, on January 9, 2023, the County Administrative Officer of San Lui s 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, br inging high winds, substantial precipitation, and river, stream and urban flooding; and WHEREAS, adopting this Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potentia l to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.); and Page 81 of 174 RESOLUTION NO. PAGE 2 WHEREAS, on January 17, 2023, the Department of Homeland Security amended the major disaster declaration issued in January 14, 2023 related to the January 2023 storm events to add San Luis Obispo County as an affected county, enabling Arroyo Grande residents who had damage or losses from the storms to apply for Federal Emergency Management Agency (FEMA) disaster assistance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, that: 1. The recitals set forth herein are true, correct and incorporated by reference. 2. A local emergency is declared to continue to exist t hroughout the City of Arroyo Grande, and the City has been undertaking, and will co ntinue through termination of this emergency to undertake necessary measures and incur necessary costs, which are directly related to the damage caused by the severe winter storms and are taken in furtherance of; the Governor’s Proclamation of a State of Emergency on January 4, 2023; the President of the United States’ Declaration of a National Emergency on January 8, 2023; 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 passed and adopted this 28th day of February, 2023. Page 82 of 174 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: ISAAC ROSEN, INTERIM CITY ATTORNEY Page 83 of 174 Item 9.e. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager/Director of Emergency Services Isaac Rosen, Interim City Attorney SUBJECT: Consideration of Adoption of a Resolution Terminating the Local Emergency Related to the COVID-19 Pandemic DATE: February 28, 2023 SUMMARY OF ACTION: Adoption of a Resolution terminating the local emergency related to the COVID-19 pandemic. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no direct fiscal impacts related to the proposed action. RECOMMENDATION: 1) Adopt a Resolution declaring the termination of a local emergency related to the Coronavirus (COVID-19) pandemic. 2) Make findings that the Resolution terminating a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) 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 persisted. As of the date of this report, it is anticipated that Governor Newsom will rescind the State of Emergency Declaration related to COVID-19 on February 28, 2023. The San Luis Obispo County’s Public Health Officer and Director of Emergency Services terminated Page 84 of 174 Item 9.e. City Council Consideration of Adoption of a Resolution Terminating the Local Emergency Related to the COVID-19 Pandemic February 28, 2023 Page 2 the County’s Declaration of Local Public Health Emergency and the Proclamation of Local Emergency as of February 25, 2022. During the COVID-19 pandemic, the State made modifications to the Brown Act to enable the use of teleconferencing/videoconferencing technologies to conduct public meetings that did not require participating public officials post their physical, teleconference location(s) and open that location up to the public, a pre-pandemic requirement under the Brown Act. Under AB 361, a local agency may conduct meetings via teleconference or videoconference if certain findings are made every 30 days. Specifically, the agency must make findings that 1) the Council has reconsidered the circumstances of the state of emergency; and 2) either (a) the state of emergency continues to directly impact the ability of members to meet safely in person; or (b) state or local officials continue to impose or recommend social distancing measures. The City Council first adopted a Resolution making the requisite findings in accordance with AB 361 and Government Code Section 54953(e) at its September 28, 2021 meeting. The Resolution was valid for thirty (30) days. Due to the 30-day requirement, the City Council adopted subsequent Resolutions renewing the authorization to participate in remote teleconferenced meetings which included those findings under AB 361 described above. AB 361 will sunset as of December 31, 2023. In addition to AB 361, new legislation, AB 2449, permits legislative bodies to continue meeting remotely via teleconferencing under a different set of findings. The requirements under AB 2449 include broadly the following, which vary from the AB 361 findings described above: AB 2449 allows the City Council to meet remotely due to either an emergency, or other reasons supported by “just cause.” If a Councilmember will be unable to attend a City Council meeting, for one of the enumerated “just cause” reasons, they must notify the City Council at the earliest opportunity possible, including a general description of the circumstances relating to their need to appear remotely at the meeting. Under State statute, “just cause” is restricted to: (1) childcare or caregiving need for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote participation; (2) contagious illness that prevents in-person attendance; (3) physical or mental disability need; or (4) travel while on official business of the agency or another state or local agency. Alternatively, a Councilmember experiencing an emergency circumstance, which is defined as a physical or family medical emergency that prevents in -person attendance, may request the remainder of the City Council approve their right to participate remotely based on that emergency circumstance. As part of their request, the Councilmember must provide a general description of the circumstances relating to their need to appea r remotely, which the City Council would approve at the start of the meeting. Page 85 of 174 Item 9.e. City Council Consideration of Adoption of a Resolution Terminating the Local Emergency Related to the COVID-19 Pandemic February 28, 2023 Page 3 An agency’s participation in teleconferencing under AB 2449 is voluntary. If the City Council has interest in AB 2449, the City may consider adopting its own AB 2449 policy for how the City will ensure the public receives the same right to participate remotely as a Councilmember pursuant to State law. There are limitations for how frequently a Councilmember may participate remotely under AB 2449. A Councilmember may not participate remotely for “just cause” for more than two (2) meetings a calendar year, and cannot participate remotely under AB 2449 for more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year. In the short-term, adoption of the proposed Resolution terminating the local emergency, means the City Council and City advisory body members may not participate remotely at their next meetings without otherwise complying with AB 2449 or the pre-pandemic Brown Act rules. In any event, members of the public, staff and/or applicant teams may continue to submit comments and participate in meetings remotely – which does not require findings under the Brown Act. 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 emergency related to the COVID-19 pandemic within the required 21-day time period since the ratification of the proclamation at its March 24, 2020 meeting. With the anticipated withdrawal of the State’s Emergency Declaration related to COVID- 19, staff is recommending termination of the local emergency related to COVID -19 in order to be consistent with State and County actions. Following the Governor’s withdrawal of the State’s Emergency Declaration, the City will follow the remote teleconferencing requirements included in the Brown Act. As described above, the public, consultants, and City staff will continue to have the ability to participate in City Council and other advisory body meetings, such as the Planning Commission, using Zoom. Based upon the foregoing, it is recommended that the City Council adopt the Resolution terminating the local emergency related to COVID-19. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution terminating the local emergency related to COVID-19; 2. Do not adopt the Resolution; or 3. Provide other direction to staff. Page 86 of 174 Item 9.e. City Council Consideration of Adoption of a Resolution Terminating the Local Emergency Related to the COVID-19 Pandemic February 28, 2023 Page 4 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 and termination of the local emergency will be consistent with State and County actions. DISADVANTAGES: No disadvantages have been identified to adopting the Resolution. ENVIRONMENTAL REVIEW: Adopting the Resolution terminating a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Proposed Resolution Page 87 of 174 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TERMINATING 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, January 10, January 24, and February 14, 2023; and WHEREAS, the Secretary of Health and Human Services Director issued a Determination that a Public Health Emergency 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 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, subsequently, in March 2020, in response to the COVID -19 pandemic, Governor Newsom issued Executive Orders N-25-20 and N-29-20. These orders suspended certain elements of the Brown Act and specifically allowed for legislative bodies as defined by the Brown Act to hold their meetings entirely electronically with no physical meeting place. On June 11, 2021, Governor Newsom issued Executive Order N - Page 88 of 174 RESOLUTION NO. PAGE 2 08-21 which provided that the provisions in Executive Order N-29-20 suspending certain elements of the Brown Act would continue to apply through September 30, 2021; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361, which added subsection (e) to Government Code section 54953 of the Brown Act, and makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition of initiating AB 361 meetings is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the State caused by conditions as described in Government Code section 8558, and after that time, the City Council regularly make required findings under Government Code section 54953(e)(3); and WHEREAS, the City Council has adopted Resolutions with requisite findings in accordance with AB 361 and Government Code Section 54953(e) authorizing remote teleconference meetings on September 28, October 26, November 23, and December 14, 2021, and on January 25, February 22, March 22, April 12, May 10, June 14, June 28, July 26, August 23, September 27, October 25, November 22 and December 13, 2022, and on January 10, 2023; and WHEREAS, Governor Newsom has announced his intent to rescind the State of Emergency Declaration related to COVID-19 on February 28, 2023; and WHEREAS, pursuant to Arroyo Grande Municipal Code section 8.12.065(D), the City Council is empowered to terminate a local emergency once the situation resulting from the emergency conditions is within the control of the normal protective services, personnel, equipment and facilities of the City. 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. The City Council hereby terminates the local emergency associated with COVID- 19, consistent with the anticipated withdrawal of the State of California Emergency Declaration scheduled for February 28, 2023, and the County of San Luis Obispo’s termination of the Local Public Health Emergency and the Proclamation of Local Emergency as of February 25, 2022. The City Council further finds the situation resulting from the emergency conditions is within the control of the normal protective services, personnel, equipment and facilities of the City. Page 89 of 174 RESOLUTION NO. PAGE 3 3. This Resolution terminating a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) 4. This Resolution shall take effect immediately upon its adoption. On motion of Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was approved this 28th day of February, 2023. Page 90 of 174 RESOLUTION NO. PAGE 4 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: WHITNEY MCDONALD, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, INTERIM CITY ATTORNEY Page 91 of 174 Item 9.f. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Steve Kahn, Interim City Engineer SUBJECT: Consider Adoption of 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: February 28, 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; 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; and 3) Make findings that the continuation of the emergency action and the update of the Emergency generator replacement project at FCFA Station 1 is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located Page 92 of 174 Item 9.f. City Council Consider Adoption of 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 February 28, 2023 Page 2 on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, and where none of the exceptions to the exemption apply. (State CEQA Guidelines, § 15302.) 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 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 Cit y 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, January 10 and 24, and February 14, 2023 the Council adopted Resolution Nos 5225, 5231, 5239, 5243, 5250, 5253, 5262, and 5266 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 24, 2023 City Council meeting, the status of the project is as follows:  On January 25, 2023, two bids were received on the FCFA Station 1 Emergency Generator Replacement Project. The bids were from Electricraft, Inc. for $462,357 and Thoma Electric for $561,889. These bids are below the engineers estimate of the Project costs and there are sufficient funds in the Project budget to move forward on the Project.  Staff has awarded the bid on the Project to Electricraft, Inc. and the Project is starting. The first order of work on the Project is to order the generator and other long lead time equipment. When these are ordered the contractor will let us know the estimated delivery date, but the initial estimate is up to a year away. The next step is to complete the site work at Fire Station #1 and the wait for the generator to arrive for installation. 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 Page 93 of 174 Item 9.f. City Council Consider Adoption of 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 February 28, 2023 Page 3 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 with the necessary findings 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. 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: The continuation of the emergency action and the update of the emergency generator replacement project at FCFA Station 1 is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, and where none of the exceptions to the exemption apply. (State CEQA Guidelines, § 15302.). 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. Page 94 of 174 Item 9.f. City Council Consider Adoption of 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 February 28, 2023 Page 4 Attachment: 1. Proposed Resolution Page 95 of 174 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 schedu led 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, the continuation of the emergency action and the update of the emergency generator replacement project at FCFA Station 1 is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will h ave substantially the same purpose and capacity as the structure replaced, and where none of the exceptions to the exemption apply. (State CEQA Guidelines, § 15302.); and Page 96 of 174 RESOLUTION NO. PAGE 2 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 , that the action is necessary to respond to the emergency, and there is substantial evidence in the record the continued emergency will not permit a delay resulting from a competitive solicitation of bids. BE IT FURTHER RESOLVED, that the recitals are incorporated herein and the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. 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 28th day of February, 2023. Page 97 of 174 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: ___________________________________ ISAAC ROSEN, INTERIM CITY ATTORNEY Page 98 of 174 Item 9.g. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Steve Kahn, Interim City Engineer SUBJECT: Consideration of Acceptance of the 2022 Pedestrian Crossing Improvements Project, PW 2021-08 DATE: February 28, 2023 SUMMARY OF ACTION: Accept the 2022 Pedestrian Crossing Improvements Project and begin the one-year warranty period for defects that may arise. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The final contract and change orders resulted in a total cost of $337,946 to the City; $321,203 for the direct contract amount and $16,743 for contingencies. The Project was included as part of the FY 2021-22 and FY 2022-23 Capital Improvement Program budget and was funded by a blend of funds from the Highway Safety Improvement Program (HSIP), Regional State Highway Account (RSHA), American Rescue Plan Act (ARPA), and Sales Tax. The recommended action will not impact staff resources. RECOMMENDATION: 1) Accept the project improvements as constructed by G. Sosa Construction, Inc. in accordance with the plans and specifications for the 2022 Pedestrian Crossing improvement Project, PW 2021-08; 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) Find the Project improvements and completion of the P roject exempt from the California Environmental Quality Act, under the CEQA Class 3 exemption, for the new construction of small strcutures. (State CEQA Guidelines, § 15303.) BACKGROUND: On September 27, 2022, the City Council awarded a construction contract to perform the 2022 Pedestrian Crossing Improvements Project to G. Sosa Construction, Inc. in the amount of $321,202.75 and authorized the City Manager to approve change orders in the Page 99 of 174 Item 9.g. City Council Consideration of Acceptance of the 2022 Pedestrian Crossing Improvements Project, PW 2021-08 February 28, 2023 Page 2 amount of $32,120.25. The contractor’s final construction cost for the project was $337,946. The general location and scope of work includes: South Halcyon Road Pedestrian Crossing at Sandalwood Avenue  Installation of bulbouts and replacement of the existing rectangular rapid flashing beacons (RRFBs) on each side of South Halcyon Road  Installation of yield to pedestrian signs and yield lines on South Halcyon Road  Installation of ADA curb ramps and yellow continental school crosswalks on South Halcyon Road and on Sandalwood Avenue Farroll Avenue Pedestrian Crossing at South Halcyon Road  Installation of ADA curb ramps and yellow continental school crosswalk on Farroll Avenue South Halcyon Road Sidewalk Gap Closure  Installation of sidewalk, curb and gutter and ADA curb ramps on the east side of South Halcyon Road between Cameron Court and Virginia Drive East Grand Avenue Pedestrian Crossing at Alder Street  Installation of rectangular rapid flashing beacons (RRFBs) on each side of East Grand Avenue  Installation of yield to pedestrian signs, yield lines, and continental crosswalk on East Grand Avenue  Installation of ADA curb ramps and continental crosswalk on Alder Street 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. It is, therefore, recommended that the City Council accept the 2022 Pedestrian Crossing Improvements Project and begin the one-year warranty period for defects that may arise. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. 1) Accept the project improvements as constructed by G. Sosa Construction, Inc. in accordance with the plans and specifications for the 2022 Pedestrian Crossing improvement Project, PW 2021-08; 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 file. 2. Do not accept the Project; Page 100 of 174 Item 9.g. City Council Consideration of Acceptance of the 2022 Pedestrian Crossing Improvements Project, PW 2021-08 February 28, 2023 Page 3 3. Accept the Project but do not authorize release of retention; or 4. Provide other direction to staff. ADVANTAGES: The Project is complete, on-time, and under budget, and accepting the improvements will allow staff to close out the Project. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: The completion of the project is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 3 exemption, which applies to the construction and location of a limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (State CEQA Guidelines, § 15303.) Further, none of the exceptions to the Class 3 exemption set forth in State CEQA Guidelines section 15300.2 apply. 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 101 of 174 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 11, 2022 8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: G. Sosa Construction, Inc. 9. The street address of said property is: Various Locations within the City of Arroyo Grande, CA 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: 2022 Pedestrian Crossing Improvements Project 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 correct. _________________________________________________ Bill Robeson, Public Works Director February 28, 2023, Arroyo Grande, California -- END OF DOCUMENT -- Page 102 of 174 Item 9.h. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: John Benedetti, Associate Engineer Patrick Holub, Associate Planner SUBJECT: Consideration of a Resolution Accepting Public Improvements for Parcel Map PM AG17-0073; Location – 189 Brisco Road DATE: February 28, 2023 SUMMARY OF ACTION: Acceptance of public improvements for Parcel Map PM AG17 -0073 will provide the City with additional infrastructure and will begin the developer’s one -year maintenance period. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The estimated value of the public improvements for PM AG17 -0073 was $125,400. Maintenance of the new public improvements will add to the overall costs of the City infrastructure maintenance program. RECOMMENDATION: 1) Adopt a Resolution accepting public improvements for PM AG17-0073 located at 189 Brisco Road. 2) Make a finding that the acceptance of public improvements for PM AG17 -0073 is not a project under CEQA pursuant to State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378, because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment; or in the alternate, is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).) BACKGROUND: The subject property was originally entitled for the subdivision and development of seven (7) townhomes as Phase II of a phased residential development (Tentative Tract Map 06- 003 and Planned Unit Development 06-003). Phase I was previously constructed at 185 and 187 Brisco Road. Page 103 of 174 Item 9.h. City Council Consideration of a Resolution Accepting Public Improvements for Parcel Map PM AG17-0073; Location – 189 Brisco Road February 28, 2023 Page 2 On May 3, 2016, the Arroyo Grande Planning Commission adopted Resolution 16-2252 approving Tentative Parcel Map (TPM) 15-002 and Planned Unit Development (PUD) 15- 002. During the final map review phase, the map was assigned Parcel Map number PM AG17-0073. The project consists of four (4) townhomes in an attached format, with two (2) buildings of two (2) townhomes connected over a shared property line. The townhomes range in size from approximately 2,015 square-feet to approximately 2,100 square-feet. Garage parking is provided for the residences, with guest parking at the top of the site. As a condition of approval of TPM and PUD 15-002, the applicant was required to construct a number of public improvements, including: new curb, gutter and sidewalk; drive approach; and drainage infrastructure. The engineer of work for this project estimated the cost of the improvements for this project at $125,400. ANALYSIS OF ISSUES: Final Parcel Map PM AG17-0073 was recorded on February 20, 2019, along with Covenants, Conditions and Restrictions (CC&Rs) for the development. Public improvement plans for PM AG17-0073 were issued on June 5, 2019. The public improvements were completed in late November 2022 and “as-built” plans were approved in January 2023. Acceptance of the public improvements begins the one -year maintenance period, during which time the developer will be responsible for maintenance and repair of the public improvements. The developer has provided the necessary ten percent (10%) warranty bond to be held for one year from the time of acceptance of the public improvements. After the one-year maintenance period, the City will take over the maintenance of the public improvements in perpetuity. ALTERNATIVES: 1. Adopt a Resolution accepting public improvements for PM AG17 -0073; 2. Do not adopt a Resolution accepting public improvements for PM AG17 -0073; or 3. Provide other direction to staff. ADVANTAGES: By accepting the public improvements, the City will take ownership of facilities in the public right of way. DISADVANTAGES: Acceptance of the public improvements will add to the City’s annual maintenance costs. ENVIRONMENTAL REVIEW: In compliance with the California Environmental Quality Act (CEQA), the Planning Commission adopted a Mitigated Negative Declaration (MND) on September 19 th, 2006, which included the tentative parcel map and planned unit development. Page 104 of 174 Item 9.h. City Council Consideration of a Resolution Accepting Public Improvements for Parcel Map PM AG17-0073; Location – 189 Brisco Road February 28, 2023 Page 3 The acceptance of the public improvements, which were a required Condition of Approval for the underlying entitlements, is not a project subject to the California Environmental Quality Act (CEQA) because it has no potential to result in either a direct, or reaso nably foreseeable indirect, physical change in the environment. State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Further, and in the alternative, the scope of the public improvements required for the project were studied as part of the Project’s MND, and City Council’s action to now accept those public improvements is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(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 105 of 174 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 FOR PARCEL MAP 17-0073, LOCATED AT 189 BRISCO ROAD BY EDWARD SHAPIRO Page 106 of 174 ATTACHMENT 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING PUBLIC IMPROVEMENTS FOR PARCEL MAP 17-0073, LOCATED AT 189 BRISCO ROAD BY EDWARD SHAPIRO WHEREAS, the Planning Commission approved Tentative Parcel Map 15-002 and Planned Unit Development 15-002 on May 3, 2016; and WHEREAS, the project was conditioned to complete certain public improvements pursuant to Planning Commission Resolution on No. 16-2252 adopted by the Arroyo Grande Planning Commission on May 3, 2016; and WHEREAS, the developer has constructed the improvements required by the conditions of approval for Parcel Map 17-0073 in November 2022; and WHEREAS, staff has inspected the improvements in January 2023 and find they are constructed in accordance with the approved plans for the project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande hereby accepts public improvements for Parcel Map 17-0073, located at 189 Brisco Road, including public curb, gutter, storm drain facilities, drive approach, water lines and sewer lines. The City Council finds the acceptance of the public improvements, which were a required Condition of Approval for the underlying entitlements, is not a project subject to the California Environmental Quality Act (CEQA) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Further, and in the alternative, the scope of the public improvements required for the project were studied as part of the Project’s MND, and City Council’s action to now accept those public improvements is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).). 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 28th day of February, 2023. Page 107 of 174 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: ISAAC ROSEN, INTERIM CITY ATTORNEY Page 108 of 174 Item 9.i. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shane Taylor, Utilities Manager SUBJECT: Monthly Water Supply and Demand Update DATE: February 28, 2023 SUMMARY OF ACTION: The update reports the City’s total water supply and demand for January 2023. 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 monthly 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 January 2023, the City’s water use was 124.4 acre-feet with a per capita use of 73 gallons per day/per person. The residential per capita use was 58 gallons per day/person. There was a total of 6.72 inches of rainfall in the City in January 2023. ANALYSIS OF ISSUES: The United States Drought Monitor, as of February 16, 2023, shows Coastal San Luis Obispo County as abnormally dry. Rainfall to date for the period of July 1, 2022 through January 31, 2023 is 16.42 at the Corporation Yard rain gauge. Lopez Lake, as of February 17, 2023, is at 55% capacity (27,167). The new water year began on April 1, 2022, and the City’s annual Lopez Lake contract supply had been reduced to 10% on August 24, 2021, by the enactment of the Low Reservoir Response Plan (LRRP). On July 21, 2022, the Zone III Advisory Board approved the Technical Advisory Committee’s recommendation to reduce contract Page 109 of 174 Item 9.i. City Council Monthly Water Supply and Demand Update February 28, 2023 Page 2 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 compared to the normal flow of 2.2 million gallons per day. On January 19, 2023, the Advisory Board approved the action of ending the Low Reservoir Response Plan (LLRP). Current deliveries are at 1.3 million gallons per day from the Water Treatment Plant. The contract water supply has returned to the normal supply of 2,290 acre-feet per year. The deep well index for the First Quarter of 2023 was completed on February 7th and is 10.58-feet above sea level, which is 3.08 feet above the 7.5 threshold value. The current deep well index is 4.70 feet higher than October 2022 and 1.22 feet higher than January 2022. The predicted use for water year 2022/23 is 2,213 acre-feet based on average rainfall. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Receive and file the report; or 2. Provide other direction to staff. 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 January 2023 2. Lopez Reservoir Storage Projection 3. Yearly Water Use Comparison 4. Monthly Monitoring Report for January 2023 Page 110 of 174 3Page 111 of 174 ATTACHMENT 2Page 112 of 174 131.3124.478730204060801001201401/1/2022 1/1/2023Yearly Water Use ComparisonAcre FeetUsage (gpcd)ATTACHMENT 3Page 113 of 174 ATTACHMENT 4     Below is the information you have submitted for the month of January 2023. 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 0123  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 124.4 AF  Commercial Agricultural Water 0 AF  Residential Use Percentage 80 %  CII Water 13.7 AF  Recycled Water 0 AF  Non‐revenue Water AF  Estimated R‐GPCD 58.24  Qualification   Emergency Response Section Revealed? Yes    State Water Resources Control Board Office of Research, Planning & Performance  Page 114 of 174 Item 12.a. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager BY: Aleah Bergam, Management Analyst SUBJECT: Receive an Update Regarding the Five Cities Fire Authority (FCFA) Wind-Down Process and Organizational Assessment DATE: February 28, 2023 SUMMARY OF ACTION: Receive an update on the wind-down process as defined by the Third Amendment to the FCFA Joint Exercise of Powers Agreement (JPA) and receive a presentation from Baker Tilly on the Organizational Assessment conducted of the FCFA. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Significant staff time will continue to be required to assist during the wind-down process and the development of a new agreement governing fire services through the FCFA. The financial implications of the new agreement are yet to be determined but are likely to be significant, as described in the Organizational Assessment completed by the consultant retained by the Cities of Grover Beach and Arroyo Grande, Baker Tilly. RECOMMENDATION: Receive an Update Regarding the Five Cities Fire Authority (FCFA) Wind-Down Process and Organizational Assessment. BACKGROUND: The Five Cities Fire Authority (FCFA) was formed on July 9, 2010, through a Joint Exercise of Powers Agreement (JPA) entered into by the City of Arroyo Grande (City), the City of Grover Beach, and the Oceano Community Services District (OCSD). The FCFA is a consolidation of three individual fire departments, operating out of the three existing member community fire stations. Together, the FCFA provides integrated and efficient fire and emergency medical services to the three communities, serving approximately 40,000 residents. In 2017, the FCFA Board of Directors adopted a five -year Strategic Plan. The Strategic Plan outlines the investments that were deemed necessary to replace obsolete capital Page 115 of 174 Item 12.a. City Council Receive an Update Regarding the Five Cities Fire Authority (FCFA) Wind-Down Process and Organizational Assessment February 28, 2023 Page 2 equipment, including fire engines and self -contained breathing apparatus, and to provide staffing levels needed to ensure appropriate levels of service for the three member agencies. In June 2019, an amendment to the Joint Exercise of Powers Agreement (Second Amendment1) was approved that altered the funding formula used to determine each member community’s share of the FCFA’s costs and ensure funding consistent with the Strategic Plan. These alterations would go into effect if OCSD was successful in passing a special tax measure in 2020 to raise additional revenue for its fire and emergency service costs. The Second Amendment also identified a defined “wind -down” process and timeline should the OCSD ballot measure fail or should a member community leave the JPA or the JPA be dissolved. As required under the Second Amendment, OCSD placed a special tax measure on the March 2020 ballot. Although over 66% of Oceano voters supported the measure, it fell 10 votes short of the 66.67% necessary to enact the special tax and the measure failed. As proposed, the special tax measure would have raised approximately $422,000 annually for the OCSD to use for emergency and fire services to the Oceano community. This amount would have increased up to 2% annually. Following the outcome of the OCSD’s 2020 ballot measure, the parties approved a Third Amendment to the JPA in July 2020. Under the terms of the Third Amendment, costs to the City of Arroyo Grande for fire service were to remain the same, $2,580,955 per fiscal year, through at least June 30, 2022. The Third Amendment also required the OCSD to place a new special tax measure on the ballot for the primary election occurring in 2022. If the measure passed, the new funding formula set forth in the Second Amendment to the JPA would take effect on July 1, 2022. If the 2022 ballot measure failed, the City’s costs would remain at their current levels through a one -year wind down period (and related work program) that would result in the OCSD no longer being a part of the JPA, effective June 30, 2023. Measure A-22 was placed on the ballot in Oceano by OCSD in June 2022, as required under the Third Amendment. Measure A-22 failed to gather a two-thirds majority vote, with the final results certified on July 7, 2022, as follows: YES 775 57.75% NO 567 42.25% With the failure of Measure A-22, the Third Amendment states that the OCSD will cease to be a member of the JPA effective June 30, 2023. The period between certification of 1 The First Amendment was a Memorandum of Agreement approved in May 2018, which was intended to facilitate a negotiation of the existing cost sharing methodology in light of the increased investment called for in the Strategic Plan. Page 116 of 174 Item 12.a. City Council Receive an Update Regarding the Five Cities Fire Authority (FCFA) Wind-Down Process and Organizational Assessment February 28, 2023 Page 3 the June 2022 election results and June 30, 2023 is defined as the wind-down period. During this time, the Cities of Arroyo Grande and Grover Beach will negotiate a new, or modified, JPA and maintain the right to use the trademark name of “Five Cities Fire Authority.” The work program elements of the wind down process include:  A determination as to the distribution of equipment and physical assets by October 1, 2022 (effective June 30, 2023).  An estimate as to the distribution of debt, employment liability, pension/PERS and other post-employment obligations by February 1, 2023 (effective June 30, 2023).  An estimate as to the distribution of all other assets by March 1, 2023 (effective June 30, 2023). ANALYSIS OF ISSUES: A summary of the wind down process was shared with the FCFA Board of Directors on July 15, 2022, and with the City Council on August 9, 2022 (Attachment 2). The FCFA staff report (Attachment 1) includes the list of work program tasks, flow chart of decision making, and the Third Amendment. The FCFA Managers Group, comprised of the Fire Chief, the City Managers of Arroyo Grande and Grover Beach, and the OCSD General Manager, has been meeting regularly to oversee the implementation of the wind -down process. FCFA staff has completed much of the required inventory identification and equipment valuation and has engaged an actuary to carry out the necessary analysis of pension liabilities. To date, a list of equipment and assets has been developed and the FCFA’s actuary has determined the estimated post -employment obligations of the member agencies. The OCSD has elected to engage its own actuary to evaluate the FCFA’s actuarial report. It is anticipated that any assets of the FCFA otherwise attributable to OCSD will be used to offset the total liabilities that OCSD owes to the FCFA for its share of post-retirement benefits. The OCSD has submitted an application to the Local Area Formation Commission (LAFCo) to divest itself of its fire and emergency service powers effective June 30, 2023 (Attachment 3). Through the LAFCo process, OCSD is requesting that the County of San Luis Obispo (County) take over fire and emergency service responsibilities to the Oceano community, which will require an agreement between the OCSD and the County . Due to the shortness of time before OCSD is required to leave the FCFA, it is possible that the FCFA may be approached to continue to provide services to Oceano during the completion of the LAFCo process. However, without an extension of the Third Amendment, a separate contract would be required between the FCFA and Oceano in order for the FCFA to continue to serve the Oceano community past June 30, 2023. In addition to the wind down process, there has been a separate process underway between the remaining FCFA member agencies (cities of Grover Beach and Arroyo Grande) at the staff level to evaluate the desired level of fire and emergency medical services and funding needs in the respective communities. These discussions are being led by the City Managers of the two cities and initially involved work sessions with FCFA Page 117 of 174 Item 12.a. City Council Receive an Update Regarding the Five Cities Fire Authority (FCFA) Wind-Down Process and Organizational Assessment February 28, 2023 Page 4 staff and treasurer about current and projected FCFA call volume and staffing and equipment needs. The FCFA budget has not changed since FY 2019 -20 pursuant to the terms of the Third Amendment, which locked in member contributions in June 2020. These member contributions are $2,580,955 for Arroyo Grande, $2,015,115 for Grover Beach, and $1,138,148 for Oceano. Given the significance of this issue and potential costs involved, the Arroyo Grand e and Grover Beach City Managers engaged an outside consultant (Baker Tilly) in October 2022 to conduct an analysis of fire services for the two cities and provide service and funding recommendations. The Baker Tilly team working on this project has extens ive experience in fire services and was led by Rick Haydon, former City Manager in Santa Maria. Mr. Haydon is familiar with the local area and is also completing an organizational assessment of Grover Beach services. There were several other members of the Baker Tilly team, including Larry Waterhouse, a former fire chief in several cities in Southern California. Baker Tilly was chosen given their work with service reviews elsewhere within the Central Coast and their ability to complete this study by early 2023 to inform decisions by the two cities. Baker Tilly’s scope included a service level analysis, staffing deployment options, fiscal analysis, and review of alternative service models and governance structure. This work included reviewing the financial impacts of OCSD’s departure from FCFA, including its current funding contribution and whether it would be beneficial for FCFA to provide fire service to Oceano under a contractual fee -for-service arrangement. Baker Tilly interviewed numerous individuals including former FCFA Board members, City Managers/OCSD General Manager, FCFA command staff, FCFA firefighters’ union representatives, and others. The consulting team also reviewed numerous documents , including the Joint Powers Agreement, FCFA strategic planning materials, budgets and CalPERS information, service call data, budget information from the two cities, and other documents. Baker Tilly has completed its assessment and is prepared to provide a presentation to the City Council summarizing its recommendations for sustainable and responsive fire and emergency medical services, as well as the anticipated costs of service for both Grover Beach and Arroyo Grande. Baker Tilly will provide a similar presentation to the Grover Beach City Council on February 27, 2023. The recommendations are intended to be implemented beginning in FY 2023-24 to coincide with the withdrawal of the OCSD from the FCFA. Staff is seeking questions and comments from the City Council to inform the next steps in this work effort. Following the presentation, Baker Tilly will prepare a written report that will be available for consideration as part of the negotiations of a future agreement for fire and emergency services between Grover Beach and Arroyo Grande. Staff for Grover Beach and Arroyo Grande will then develop proposed terms for a new agreement utilizing the information Page 118 of 174 Item 12.a. City Council Receive an Update Regarding the Five Cities Fire Authority (FCFA) Wind-Down Process and Organizational Assessment February 28, 2023 Page 5 presented in the Baker Tilly report and will present those proposed terms at a future City Council meeting this Spring. Information provided by Baker Tilly will also be used to develop the City’s upcoming biennial budget for Fiscal Years 2023 -25. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Receive an Update Regarding the Five Cities Fire Authority (FCFA) Wind-Down Process and Organizational Assessment conducted by Baker Tilly; or 2. Provide other direction to staff. ADVANTAGES: A completed organizational assessment of the FCFA equips the remaining FCFA member agencies of Arroyo Grande and Grover Beach with valuable da ta to aid the respective Councils in decision making regarding potential modification or dissolution of the JPA and various options for consideration of service delivery. DISADVANTAGES: There are no disadvantages to receiving a presentation on the FCFA Organizational assessment completed by consultants, Baker Tilly. 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. July 15, 2022 FCFA Staff Report with Third Amendment 2. August 9, 2022 Staff Report and Presentation 3. OCSD Divestiture Application to LAFCo Page 119 of 174 1'.i � ·t,\l tHtfid'"'' STAFF REPORT TO: Chair and Board Members MEETING DATE: July 15, 2022 FROM: Stephen Lieberman, Fire Chief/Executive Officer SUBJECT: Status Update -Oceano Measure A-22 & Wind Down Period RECOMMENDATION It is recommended that the Board of Directors (Board) receive an update summarizing the results of the July 2022 election, and the process for a wind down period as defined by the Third Amendment to the Five Cities Fire Authority (FCFA) Joint Exercise of Powers Agreement. BACKGROUND The third amendment to the FCFA JPA was executed by the member communities in 2020 following the narrow failure of Oceana Community Services District (OCSD) Measure A-20, along with the economic uncertainty associated with a global pandemic (COVID-19). The Third Amendment to the JPA directed Oceana to attempt to pass a similar revenue measure in June 2022, locked community contributions for the FCFA operating budget at FY 2019-2020 levels for a 3-year period, and defined a process should the 2022 revenue measure pass or fail. OCSD Measure A-22 Measure A-22 failed to gather a two-thirds majority vote. Final results were certified on July 7, 2022 and reflect: YES 775 NO 567 57.75% 42.25% Wind Down Period With the failure of the ballot measure, the agreement states that the OCSD will cease to be a member of the JPA effective June 30, 2023. The period between certification of the election (July 7, 2022) and June 30, 2023 is defined as the "Wind Down Period." During this time, Arroyo Grande and Grover Beach may negotiate a new or modified JPA and ATTACHMENT 1 Page 120 of 174 Page 121 of 174 Page 122 of 174 Page 123 of 174 Page 124 of 174 Page 125 of 174 Page 126 of 174 Page 127 of 174 Page 128 of 174 Page 129 of 174 Page 130 of 174 Page 131 of 174 Page 132 of 174 MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager SUBJECT: Receive an Update Regarding the Five Cities Fire Authority (FCFA), the Results of the Oceano Fire Tax Measure A-22, and the Process for a Wind-Down Period as Defined by the Third Amendment to the FCFA Joint Exercise of Powers Agreement DATE: August 9, 2022 SUMMARY OF ACTION: Receive an update on the results of the Oceano Fire Tax Measure A-22 from the June 2022 election and the process for a wind-down period as defined by the Third Amendment to the FCFA Joint Exercise of Powers Agreement (JPA). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Significant staff time will be required to assist during the wind-down process and the development of a new agreement governing fire service through the FCFA. RECOMMENDATION: Receive an update on the results of the Oceano Fire Tax Measure A-22 from the June 2022 election and the process of the wind-down period as defined by the Third Amendment to the Five Cities Fire Authority Joint Exercise of Powers Agreement. BACKGROUND: The Five Cities Fire Authority (FCFA) was formed on July 9, 2010, through a Joint Exercise of Powers Agreement (JPA) entered into by the City of Arroyo Grande (City), the City of Grover Beach, and the Oceano Community Services District (OCSD). The FCFA is a consolidation of three individual fire departments, operating out of the three existing member community fire stations. Together, the FCFA provides integrated and efficient fire and emergency medical services to the three communities, serving approximately 40,000 residents. In 2017, the FCFA Board of Directors adopted a five-year Strategic Plan. The Strategic Plan outlines the investments that were deemed necessary to replace obsolete capital equipment, including fire engines and self-contained breathing apparatus, and to provide ATTACHMENT 2 Page 133 of 174 City Council Receive an Update Regarding the Five Cities Fire Authority (FCFA), the Results of the Oceano Fire Tax Measure A-22, and the Process for a Wind-Down Period as Defined by the Third Amendment to the FCFA Joint Exercise of Powers Agreement August 9, 2022 Page 2 staffing levels needed to ensure appropriate levels of service for the three member agencies. In June 2019, an amendment to the Joint Exercise of Powers Agreement (Second Amendment1) was approved that altered the funding formula used to determine each member community’s share of the FCFA’s costs and ensure funding consistent with the Strategic Plan. These alterations would go into effect if OCSD was successful in passing a special tax measure in 2020 to raise additional revenue for its fire and emergency service costs. The Second Amendment also identified a defined “wind -down” process and timeline should the OCSD ballot measure fail or should a member community leave the JPA or the JPA be dissolved. As required under the Second Amendment, OCSD placed a special tax measure on the March 2020 ballot. Although over 66% of Oceano voters supported the measure, it fell 10 votes short of the 66.67% necessary to enact the special tax and the measure failed. As proposed, the special tax measure would have raised approximately $422,000 annually for the OCSD to use for emergency and fire services to the Oceano community. This amount would increase up to 2% annually. Following the outcome of the OCSD’s 2020 ballot measure, the parties approved a Third Amendment to the JPA in July 2020. Under these terms of the Third Amendment, costs to the City of Arroyo Grande for fire service were to remain the same, $2,580,955 per fiscal year, through at least June 30, 2022. The Third Amendment also required the OCSD to place a new special tax measure on the ballot for the primary election occurring in 2022. If the measure passed, the new funding formula set forth in the Second Amendment to the JPA would take effect on July 1, 2022. If the 2022 ballot measure failed, the City’s costs would remain at their current levels through a one-year wind down period (and related work program) that would result in the OCSD no longer being a part of the JPA, effective June 30, 2023. Measure A-22 was placed on the ballot in Oceano by OCSD in June 2022, as required under the Third Amendment. Measure A-22 failed to gather a two-thirds majority vote, with the final results certified on July 7, 2022, as follows: YES 775 57.75% NO 567 42.25% 1 The First Amendment was a Memorandum of Agreement approved in May 2018, which was intended to facilitate a negotiation of the existing cost sharing methodology in light of the increased investment called for in the Strategic Plan. Page 134 of 174 City Council Receive an Update Regarding the Five Cities Fire Authority (FCFA), the Results of the Oceano Fire Tax Measure A-22, and the Process for a Wind-Down Period as Defined by the Third Amendment to the FCFA Joint Exercise of Powers Agreement August 9, 2022 Page 3 ANALYSIS OF ISSUES: With the failure of Measure A-22, the Third Amendment states that the OCSD will cease to be a member of the JPA effective June 30, 2023. The period between certification of the June 2022 election results and June 30, 2023 is defined as the wind-down period. During this time, the Cities of Arroyo Grande and Grover Beach may negotiate a new, or modified, JPA and maintain the right to use the trademark name of “Five Cities Fire Authority.” The work program elements of the wind down process include: A determination as to the distribution of equipment and physical assets by October 1, 2022 (effective June 30, 2023). An estimate as to the distribution of debt, employment liability, pension/PERS and other post-employment obligations by February 1, 2023 (effective June 30, 2023). An estimate as to the distribution of all other assets by March 1, 2023 (effective June 30, 2023). A summary of the wind down process was shared on July 15, 2022, with the FCFA Board of Directors and separately with the FCFA Managers Group, comprised of the City/General Managers of the three member agencies. The FCFA staff report (Attachment 1) includes the list of work program tasks, flow chart of decision making, and the Third Amendment. The Managers Group will meet regularly during the fiscal year to oversee the implementation of the wind-down process and the expected dates of completion for each work program task. FCFA staff has completed much of the required inventory identification and equipment valuation and has engaged an actuary to carry out the necessary analysis of pension liabilities. In addition, a separate process will occur between the remaining FCFA member agencies of Arroyo Grande and Grover Beach to determine the desired level of fire and emergency medical services and funding needs for the respective communities. The discussions, led by the City Managers of the two cities, will include negotiations regarding potential modification or dissolution of the JPA and various options for consideration of contract service delivery. Staff will share regular updates with the City Council and will bring an agenda item on the status of this process to the Council this fall for input and direction, with an anticipated completion in early 2023, before completion of the wind down process required by the Third Amendment. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1.Receive an update on the results of the Oceano Fire Tax Measure A-22 and the wind down process as defined by the Third Amendment to the Five Cities Fire Authority Joint Exercise of Powers Agreement; or 2.Provide other direction to staff. Page 135 of 174 City Council Receive an Update Regarding the Five Cities Fire Authority (FCFA), the Results of the Oceano Fire Tax Measure A-22, and the Process for a Wind-Down Period as Defined by the Third Amendment to the FCFA Joint Exercise of Powers Agreement August 9, 2022 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.July 15, 2022 FCFA Staff Report with Third Amendment Page 136 of 174 CITY COUNCIL Page 137 of 174 Page 138 of 174 Page 139 of 174 Page 140 of 174 Page 141 of 174 Page 142 of 174 Page 143 of 174 Page 144 of 174 Page 145 of 174 Page 146 of 174 Page 147 of 174 Page 148 of 174 Page 149 of 174 Page 150 of 174 Page 151 of 174 ATTACHMENT 3Page 152 of 174 Page 153 of 174 Page 154 of 174 Page 155 of 174 Page 156 of 174 Page 157 of 174 Page 158 of 174 Page 159 of 174 Page 160 of 174 Page 161 of 174 Page 162 of 174 Page 163 of 174 Item 12.b. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Andrew Perez, Planning Manager SUBJECT: Discussion of a Draft Safe Parking Ordinance DATE: February 28, 2023 SUMMARY OF ACTION: The purpose of this study session is to provide the City Council an opportunity to review and provide further direction regarding a potential ordinance that would allow Safe Parking sites for the unhoused under certain circumstances on Public Facility zoned property, and any paved lot within the Industrial Mixed Use zone. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Development of the ordinance requires staff time to review the ordinance internally and with stakeholders, prepare staff reports, and present the ordinance to Council. The ordinance does not commit any City funding to support safe parking sites. RECOMMENDATION: Review staff’s proposed ordinance, receive public comment, and provide direction to staff. BACKGROUND: Rising costs of living and lack of affordable housing units have contributed to housing instability throughout the State. In response, cities, counties, non-profit organizations, and faith-based organizations have sought to establish safe parking sites to provide a level of security and stability for those living in their vehicles. The needs of individuals living in their vehicles are different from the chronically unhoused in that they face uniq ue legal, social, and economic challenges. Safe parking programs aim to meet the basic needs of security and hygiene for those living in their vehicles while also mitigating potential impacts to surrounding neighborhoods. On two occasions, City staff met with a group of faith leaders from the community and homeless advocates that had expressed interest in hosting safe parking sites. The safe parking model described by the participating members of the faith community consisted of providing a limited number of spaces in parking lots at existing church properties for Page 164 of 174 Item 12.b. City Council Discussion of a Draft Safe Parking Ordinance February 28, 2023 Page 2 use by individuals living out of their vehicles to park overnight. Those lots would be monitored by volunteers and church resources would be used to cover expenses and provide essentials for those staying at the site. Safe parking sites are not well defined as a land use by the Municipal Code, so initially staff considered a safe parking program to be an expansion of the existing church use, and therefore, warranted an amendment of the church’s conditional use permit to establish a permanent safe parking site. The faith leaders expressed that an amendment to the CUP was too onerous for the churches and would deter organizations from establishing these programs. At the same time, there are health and safety standards that need to be regulated for the well -being of safe parking operators, guests, and neighbors that apply uniformly to qualifying properties, however the City Council sets that eligibility. As a result of those discussions with community stakeholders, staff developed the attached draft ordinance for Council consideration and comment. It provides for a safe parking permit approval process, that addresses City’s health and safety concerns while ensuring those standards do not make these kinds of programs too difficult to operate. It is meant to provide a starting point in advance of staff initiating the formal ordinance approval process. On September 18, 2020, Temporary Use Permit 20-024 was approved for the establishment of a temporary safe parking program at St. John’s Lutheran Church located at 959 Valley Road. The permit authorized four (4) parking spaces in the church’s parking lot for this program. St. John’s pastor and staff provided portable restrooms, a handwashing station, trash receptacles, and fire extinguisher for use of its guests. Involvement in active case management with the 5Cities Homeless Coalition is a condition of entry into the site. In its application, St. John’s committed to monitor the site for at least the first 30 days to verify the program was operating as intended. The initial approval authorized the program to operate for six (6) months. At the end of that time period, staff had not received any complaints about the use, therefore staff approved a six (6) month extension to the program. Again, no complaints were received during the final six (6) months. ANALYSIS OF ISSUES: While Section 16.16.090 of the Municipal Code authorizes the Community Development Director to approve minor use permits for temporary uses, including temporary safe parking, the intent in drafting this ordinance was to craft a permanent, codified entitlement authority for a safe parking use. The draft ordinance presented for discussion defines the use, identifies eligible locations, outlines permit requirements, establishes performance standards for the operation of a site, and provide allowances for the City to inspect the site for compliance with those performance standards. The attached draft ordinance is presented to the City Council as one potential option. If the City Council is not in favor of the way this draft ordinance is structured, City staff could consider a different framework for the safe parking permit. For instance, City staff could instead prepare an ordinance with a ministerially-approved safe parking permit, based on objective, defined criteria specified in the ordinance. Such an alternative would allow the Page 165 of 174 Item 12.b. City Council Discussion of a Draft Safe Parking Ordinance February 28, 2023 Page 3 permit to be approved without a subjective determination by the City, provided it had sufficient procedural safeguards in place. Under that alternate, the City could mimic some of the existing standards applicable to a Public Safety Welfare Permit. Definition The draft ordinance defines a Safe Parking Site as: “A paved parking lot outside of the public right-of-way that provides unhoused individuals and/or families who are living in a vehicle a dedicated, safe place to park overnight. No rent shall be exchanged between a host and occupants. The occupancy of a vehicle at a safe parking site operated in compliance with this Section shall not constitute a violation of AGMC 9.22.” Properties will be eligible to host a Safe Parking Site on a paved lot in the Public Facility zone or a paved lot on properties within the Industrial Mixed Use Zone. The zoning eligibility ensures a number of established religious facilities located in the City, the most interested City stakeholders for this potential program, would be able to apply to establish a safe parking site. Permit Requirements Staff is presenting an ordinance to the City Council for its consideration that requires an applicant to obtain a Safe Parking Permit (SPP), a new permit type that would be processed similar to a Minor Use Permit – Plot Plan Review (PPR). The processing fee for the PPR is $756 which reflects the City’s projected, actual costs of issuance of such a permit. The Community Development Director would be authorized to approve SPPs through a discretionary approval process. Approved SPPs would be reported to the Planning Commission on its agenda, which is posted at City Hall and on the City’s website for public viewing. Due to the sensitivity surrounding this land use, the attached ordinance for discussion purposes establishes unique findings for approval, provisions for appeal and permit revocation, and limits the duration of the entitlement. Existing procedures for appeals and revocation may be sufficient for other Minor Use Permits, but SPPs involve unhoused individuals who will rely on these programs in determining where to sleep at night. Thus, the draft ordinance includes a more rigorous procedure before such a permit is revoked. This draft version of the ordinance limits the duration of the entitlement to 18 months. The approval would automatically extend for another 18 -month period if the Director finds no violations of any of the permit conditions occurred during the previous 18-month operating period. AGMC Section 16.12.130 specifies that all permits and licenses, with the exception of Home Occupation Permits and Business Licenses, run with the land even in the event of change of ownership on the site or structure. Although it is uncommon for a religious facility to sell its property for a non-religious use, the provision within the draft ordinance that limits the length of the entitlement would prevent the SPP permit from Page 166 of 174 Item 12.b. City Council Discussion of a Draft Safe Parking Ordinance February 28, 2023 Page 4 transferring to the new property owner that may want to continue th e safe parking use, but lacks the resources to successfully operate the site. If the City Council would like to see a different approach for its Safe Parking ordinance, an alternative option would involve a ministerial approval process, meaning the application would be approved if it meets certain defined, objective standards. If Council provides direction that this alternative is desired, then staff will draft an ordinance with objective criteria for administrative approval with procedural safeguards for revocation or modification of the permit. Performance Standards An application to establish a Safe Parking Site, regardless of the permit requirement, must include a site plan showing locations and number of parking spaces allocated to the use, restrooms, trash and recycling facilities, and exterior lighting. It is through the application that an applicant demonstrates compliance with certain performance standards required by the ordinance. In addition to the site plan, an application must include an operations and management plan that communicates the operational details about the site to give the City a high level of certainty that the site will be ope rated in a safe manner that is harmonious with the surrounding neighborhood. The operations plan will need to identify the number of spaces allocated to the program and the days and hours of operation. It will also need to identify the operators of the site, their qualifications for managing the site, and any training or experience in providing social services. Perhaps the most important aspect of the management plan is the details of the security plan. For a safe parking site to serve its purpose for those living in their vehicles, the site must operate in a safe and orderly manner. An applicant must commit to monitoring the site during the hours of operation, identify the manner in which it will do the monitoring, and include procedures for addressing issues at the site as well as any complaints. Additionally, the applicant must furnish evidence of liability insurance for the overnight parking use. These standards will assure those that reside in the areas near a safe parking site that it will operate safely and without adversely impacting the adjacent neighborhood. Many of the performance standards are addressed in the initial application. One of those standards requires that the applicant coordinate with a social services provider that will offer support services and case management for those occupying the site. Due to liability issues, a social service provider will need assurance that the safe parking site will have the necessary level of security before referring people to the site. Th e applicant must therefore develop and implement a security plan that provides protection for the occupants as an initial step to operation of a program onsite Additional performance standards are included in the draft ordinance for the purposes of maintaining a safe environment for guests to the site and to mitigate potential impacts on surrounding neighborhoods. For example, a safe parking site may only operate between Page 167 of 174 Item 12.b. City Council Discussion of a Draft Safe Parking Ordinance February 28, 2023 Page 5 the hours of 6:00pm and 7:00am, and may not conflict with the hours of operation of the site’s primary use. Additionally, a site may not host more than six (6) vehicles at any time to minimize potential impacts. The draft ordinance also establishes definite standards for noise, a prohibition of campfires, adequate lighting, and maintenance of emergency access to ensure guests are provided with a safe environment. Next Steps Feedback obtained from the City Council at the study session will dictate whether an ordinance will proceed through the regular consideration and adoption process . In the event that Council is supportive of the presented ordinance, staff will refine and present the draft ordinance to Planning Commission at a future meeting for a recommendation to Council for adoption. If Council instead prefers an ordinance based on an administrative, non-discretionary approval, staff will prepare a new safe parking ordinance based on that direction. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Identify a preferred version of the draft ordinance and direct staff to proceed in refining and presenting to the Planning Commission for a recommendation hearing; or 2. Request that staff revise the draft ordinance as directed or draft an ordinance which uses a ministerial approval process, then proceed to Planning Commission for a recommendation hearing; or 3. Do not direct staff to proceed with a Safe Parking ordinance at this time; or 4. Provide other direction to staff . ADVANTAGES: The ordinance will establish a process for permitting safe parking sites, which provide basic hygienic needs and safety for those living out of their vehicles. T he ordinance includes performance standards that are anticipated to prevent the safe parking use from having adverse impacts on surrounding properties. DISADVANTAGES: The safe parking site ordinance requires participation from a social services provider that may face challenges in serving multiple sites in the City. ENVIRONMENTAL REVIEW: No environmental review is required for the study session discussion. Adoption of a safe parking ordinance will require environmental review at the time it is considered formally, and will be noticed accordingly. PUBLIC NOTIFICATION AND COMMENTS: Leaders of local faith-based organizations, the 5 Cities Homeless Coalition, and San Luis Obispo County Homeless Services staff were notified of this agenda item due to Page 168 of 174 Item 12.b. City Council Discussion of a Draft Safe Parking Ordinance February 28, 2023 Page 6 expressed stakeholder interest. The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Draft Ordinance Page 169 of 174 65501.00001\41035851.1 ATTACHMENT 1 16.52.270 Safe Parking (draft) A. Purpose. This Section establishes criteria and procedures for the consideration and review of Safe Parking Site applications, and standards for the operation of Safe Parking Sites. Vehicles parked overnight have been a source of potential environmental hazards when waste is discharged. Such waste may include gas, oil, or human waste. These discharges create unsanitary conditions, public health risks, and potential environmental impacts. Additionally, vehicles parked overnight can accumulate and discharge trash and debris in and around areas where vehicles are parked. The city wishes to provide for designated areas for unhoused individuals to park their vehicles overnight and ensure that unhoused individuals receive social services as part of these programs. The programs will help provide assistance to households using vehicles as their residence by providing a safe place to park, restroom facilities, access to social services programs, and other support needed to help transition households toward permanent, stable housing. B. Definitions. 1. “Safe Parking Site” means a paved parking lot outside of the public right-of-way that provides unhoused individuals and/or families who are living in a vehicle a dedicated, safe place to park overnight. No rent shall be exchanged between host and occupants. The occupancy of a vehicle at a safe parking site operated in compliance with Section shall not constitute a violation of AGMC 9.22.020. 2. “Safe Parking Operator” means an agency or organization that facilitates, administers, oversees, and provides staffing for safe parking uses in the permitted area of the Safe Parking Site. 3. “Guest” means a person who stays overnight in the permitted area of the Safe Parking Site. 4. “Director” means the Community Development Director C. Locations. The following locations are eligible to host a Safe Parking Site: 1. Paved parking lots on properties located in the Public Facility zone; 2. Paved parking lots on properties within the Industrial Mixed Use zone. D. Permit Requirements. 1. No person shall operate, allow, permit a Safe Parking Site without approval of a Safe Parking Permit through the authority granted in the Arroyo Grande Municipal Code (AGMC). 2. All applications shall be filed with the director in the form prescribed by the director. The application form shall contain a list of information that must be submitted in order for the application to be deemed complete. 3. Establishment of a Safe Parking Site at an eligible location shall obtain a Safe Parking Permit. The site shall comply with all existing conditions of approval for the entitled use, the Performance Standards of this Section, and any conditions of approval for the Safe Parking Permit. E. Application Requirements. An application to establish a Safe Parking Site shall include: 1. Completed application form and payment of the required fee. Page 170 of 174 65501.00001\41035851.1 2. A site plan indicating the location of the designated overnight parking spaces trash and recycling facilities, water, restroom facilities, exterior lighting fixtures, location of and distances to surrounding residential properties. 3. A written statement from a social service provider assuring its participation in the operation of the Safe Parking Site. 4. Management Plan. A management plan shall be submitted with the application to establish a Safe Parking Site. The plan shall address the following items, at a minimum: i. Number of spaces allocated ii. Proposed days and hours of operation iii. Staff qualifications and training iv. Security, including the number of people per shift, length of shifts, and description how the site is monitored and how the performance standards will be enforced v. Pet policy, including provisions for cleanliness, noise, and use of leashes vi. Facility and parking lot maintenance vii. Prohibition of campfires viii. Procedures for addressing complaints in a timely manner ix. An anti-discrimination policy x. Copy of liability insurance for the use of the property as a safe parking site. 5. Any other information the Director may determine is necessary to ensure compliance with the provisions of this Section. F. Decision and Appeal. Notwithstanding Section 16.16.080, safe parking permits shall be subject to the decision and review process provided herein. 1. Authority and findings. The director may approve a safe parking permit only after finding that: i. The Safe Parking Operator has met the application requirements in subsection E of this section. ii. The proposed location is adequate in size and shape to accommodate the proposed Safe Parking Site. iii. The Safe Parking Site meets the standards in subsection G of this section. 2. Director Decision i. The director shall prepare a written decision to approve, approve with conditions, or deny the application. ii. Notice of the director’s decision approving or denying a Safe Parking Site permit shall be given by mail to owners and residents of property within 300’ of the proposed Safe Parking Site. The notice shall include the address of the property, a brief description of the proposed use, the director’s decision, and a description of the appeal process. iii. The director’s decision shall become final fourteen (14) days after the date the notice is mailed unless an appeal is filed. 3. Appeal i. The applicant or property owners within 300’ of the proposed Safe Parking Site may file an appeal of the director’s decision by making a written request of appeal to the city clerk before the date the director’s decision becomes final. Page 171 of 174 65501.00001\41035851.1 ii. At any time prior to the hearing, the person requesting the hearing may withdraw the appeal request. If the hearing request is withdrawn and 14 days have lapsed from the mailing date of the notice under (F)(2) above, the decision of the director shall become final. 4. City Council Review on Appeal. i. If there is proper appeal of the director’s decision, the city council shall decide the appeal on consent within 60 days. The decision of the City Council shall be final. ii. The city council may: 1. Adopt the findings and recommendation of the director; or 2. Remove the recommendation from the consent calendar by three votes in favor. Such removal will result in the city council adopting its own findings and action on the application. G. Performance Standards 1. Hours of Operation. The Safe Parking Program’s hours of operations shall not conflict with the hours of operation of the primary use of the location, nor shall it operate outside of the hours of 6:00pm and 7:00am. 2. Facilities. The Safe Parking Operator shall ensure that occupants of vehicles parked overnight shall have access to restrooms, drinking water, and trash receptacles. The restrooms may by located in an existing building on-site, or in mobile bathrooms. 3. Social Services. The Safe Parking Operator of the site shall coordinate with a social service provider that will screen occupants as they enter the safe parking site, offer support services, and case management. Social service provider, for purposes of this Section is defined as an organization that provides assistance applying for benefits, mental health and substance use services, outpatient health services, information and referral services, child care, education, life skills training, employment assistance and job training, housing search and counseling services, legal services, outreach services, transportation, food assistance, risk assessment and safety planning (particularly for individuals and families experiencing domestic violence), and case management services such as counseling, finding and coordinating services, and monitoring and evaluating progress in a program 4. Lighting. All source of lighting shall be shielded and focused away from adjoining properties in accordance with AGMC Section 16.48.090. 5. Capacity. A maximum number of six (6) parking spaces may be allocated for overnight use in a Safe Parking Program. 6. Distance/Screening. The Safe Parking Operator shall provide screening from residential structures through the use of fencing or other physical barrier and locate the parking spaces no closer than 300’ from neighboring residential structures. The designated parking spaces shall be located as far as possible from neighboring residential structures. 7. Noise. No noise, music, or other audio may be played in the vehicle at a volume which exceeds 50 decibels, the standards established by AGMC 9.16.040. Any guest who creates noise exceeding the standards in AGMC 9.16.040 will first be warned, and if the noise does not cease, be asked to leave. In addition, the guest and/or the Safe Parking Operator may be penalized based on AGMC 9.16.080. Page 172 of 174 65501.00001\41035851.1 8. Recreational Vehicles. Recreational vehicles are prohibited from safe parking sites. 9. Emergency Access. All driveways must remain clear to provide access to the site by emergency vehicles. H. Guests. Guests of the safe parking site must provide proof of vehicle registration, insurance and the vehicle must be driven by someone with a valid driver’s license. I. Duration. The permit issued through this section shall be valid for 18 months, unless suspended or revoked as described in this section. At the end of the 18-month period, if the director finds that there have been no violations of any of the permit conditions, the permit shall be automatically extended for an additional 18-month period. J. Assignment. A Safe Parking Operator may only transfer or assign a permit issued through this section with the written permission of the director. Transfer of the permit granted in this section without such permission shall be grounds for the suspension or termination of the permit. K. City’s Right to Inspect. 1. The Safe Parking Operator shall allow City representatives to enter and inspect the program site during business hours to ensure compliance with this Section, all applicable County, State, and Federal regulations, and compliance with all applicable Building and Fire Codes. L. Penalty. Violation of any of the standards and regulations of this section shall result in revocation or suspension of the permit through procedures described below. 1. The director may suspend, revoke, or modify a permit if the director finds that: i. Operation of the Safe Parking Program violates any provision of this section, other applicable provision of this code, or state law; or ii. Operation of the Safe Parking Program is detrimental to public health, safety or the general welfare. 2. Procedure for suspension, revocation, or modification. i. Opportunity to Cure. Whenever the director believes that the permit holder is in violation of this section, conditions of approval, or other law, the director shall provide the Safe Parking Operator a written notice describing the violations and provide a reasonable opportunity for the Safe Parking Operator to cure the violations. ii. Failure to Cure. If the Safe Parking Operator fails to cure the violations specified by the director, the director shall set a date for hearing on whether the permit should be suspended revoked or modified. The director shall provide notice to the Safe Parking Operator 10 days in advance of the date set for hearing to the most recent home or business address on file with the city for the Safe Parking Operator. The notice shall state the reasons the director proposes to revoke, suspend, or modify the permit. iii. Public Notice. Notice of the hearing regarding the permit shall be given at least 10 days in advance of the hearing to all residents and owners of property within 300’ of the subject property. iv. Director Decision. Within 10 days of the hearing, the director shall prepare a written record of its decision, stating the grounds for such decision and the evidence supporting the decision. Page 173 of 174 65501.00001\41035851.1 v. Notice of Decision. Notice of the director’s decision shall be mailed to the permit holder at the most recent business or home address on file with the city. Additionally, the notice shall be posted to the city’s website and provided by email to any other person who requested notice of such decision with the city clerk. vi. The director’s decision shall become final 10 days after the notice is mailed to the permit holder unless a timely appeal is filed. Appeal of the director’s decision shall occur through the same process described in subsection (F), (3-4) of this section. The decision of the city council shall be mailed to the permit holder and shall become final and effective five days following the date postmarked on the mailing. Page 174 of 174