CC 2023-04-11 Agenda Package_v1CITY COUNCIL MEETING
AGENDA SUMMARY
Tuesday, April 11, 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
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
KNIGHTS OF COLUMBUS
5.AGENDA REVIEW
5.a Closed Session Announcements
Announcement of reportable actions taken, if any, from the following meeting:
Regular Meeting of March 28, 2023
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to
Government Code Section 54956.9(d)(1):
Name of Case: Oak Park Estates, HOA v. City of Arroyo Grande, et al. and related
actions
5.b Ordinances read in title only
None.
6.SPECIAL PRESENTATIONS
6.a Honorary Proclamation Declaring April 2023 as National Sexual Assault Awareness Month
6.b Honorary Proclamation Declaring April 28, 2023 as Arbor Day
6.c City Manager Communications
(McDONALD)
Recommended Action:
Receive correspondence/comments as presented by the City Manager and Provide
direction, as necessary.
7.CITY COUNCIL REPORTS
None.
Reports are made during the Second Council Meeting each month.
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)
Recommended Action:
1) Ratify the attached listing of cash disbursements for the period of March 1 through March
15, 2023; 2) Determine that ratifying the cash disbursements is not a project subject to the
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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 Statement of Investment Deposits
(VALENTINE)
Recommended Action:
1) Receive and file the attached report listing investment deposits of the City of Arroyo
Grande as of February 28, 2023, as required by Government Code Section 53646(b); 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.c Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report
for the Transportation Development Act Transportation Fund Reports
(VALENTINE)
Recommended Action:
1) Receive and file the Annual Comprehensive Financial Report (ACFR), Single Audit, and
Audit Report for the Transportation Development Act Transportation Fund for the fiscal year
ended June 30, 2022. 2) Determine that ratifying the cash disbursements and filing of the
reports 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 Consider Awarding a Contract to Tyler Technologies, Tyler Enterprise ERP Software as a
Service, for a Replacement Financial System and Authorize the City Manager to Execute
Contractual Agreements with Tyler Technologies
(VALENTINE)
Recommended Action:
1) Award a Contract to Tyler Technologies, Tyler Enterprise ERP Software as a Service, for
a Replacement Financial System and authorize the City Manager to Execute Contractual
Agreements with Tyler Technologies. 2) Determine that awarding a contract to Tyler
Technologies 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 Declaring a Continued Local Emergency Related
to the Ongoing Storm Events
(McDONALD)
Recommended Action:
1) Adopt a Resolution declaring a continued local emergency related to the ongoing storm
events, beginning in December 2022 and continuing through the present. 2) Make findings
that adopting the Resolution continuing a local emergency is not a project subject to the
California Environmental Quality Act (“CEQA”) because the continued declaration in itself
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 Consideration of Agreement with Best Best & Krieger for City Attorney Services and
Page 3 of 390
Appointment of Isaac Rosen as the Arroyo Grande City Attorney
(McDONALD)
Recommended Action:
Approve the Agreement with Best Best & Krieger for City Attorney Services and appoint
Isaac Rosen as the City Attorney.
9.g Consider Opting into Settlement Agreements with Distributors of Opioids; Walgreens Co.,
Walmart Inc., CVS Health Corporation/CVS Pharmacy Inc., and Opioid Manufacturers Teva
Pharmaceuticals Industries LTD and Allergan Finance LLC/Allergan Limited
(McDONALD)
Recommended Action:
1) Opt into settlement agreement with opioid distributor, Walgreens Co., and direct the City
Manager to execute any documents necessary to implement the action; 2) Opt into
settlement agreement with opioid distributor, Walmart, Inc. and direct the City Manager to
execute any documents necessary to implement the action; 3) Opt into settlement
agreement with opioid distributor, CVS Health Corporation/CVS Pharmacy, Inc. and direct
the City Manager to execute any documents necessary to implement the action; 4) Opt into
settlement agreement with opioid manufacturer, Teva Pharmaceutical Industries Ltd., and
direct the City Manager to execute any documents necessary to implement the action; 5)
Opt into settlement agreement with opioid manufacturer, Allergan Finance, LLC/Allergan
Limited and direct the City Manager to execute any documents necessary to implement the
action; and 6) Make findings that adopting the Resolution opting-into the settlement
agreements is not a project subject to the California Environmental Quality Act (“CEQA”)
because the adoption in itself 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.h Consideration of Cancellation of July 11, 2023 City Council Meeting
(McDONALD)
Recommended Action:
Cancel the regularly scheduled Council meeting of July 11, 2023.
9.i Annual Update on Military Equipment Pursuant to California AB 481
(MARTINEZ)
Recommended Action:
Receive and file the “Military Equipment Use Inventory Report” in accordance with
California Assembly Bill 481 and make a motion to approve the renewal of Ordinance No.
714.
9.j Consider Adoption of Resolutions Ordering the Preparation and Filing of Annual Engineer’s
Reports for the Parkside Village Assessment District, Grace Lane Assessment District, and
Landscaping and Lighting District No. 1, Within Tract 1769, for Fiscal Year
(ROBESON)
Recommended Action:
1) Adopt Resolutions ordering the preparation and filing of Annual Engineer’s Reports for
the Parkside Village Assessment District, Grace Lane Assessment District, and
Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2023-24. 2)
Determine that adopting the resolutions ordering the Engineer’s reports 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
Page 4 of 390
environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
9.k Consideration of a Resolution for Funding Road Repair Consistent with the Road Repair
and Accountability Act of 2017 (SB1) for Fiscal Year 2023-24
(ROBESON)
Recommended Action:
1) Adopt a Resolution approving use of funding from SB1 for the 2023 Pavement
Management Program in Fiscal Year 2023-24; 2) Authorize the Director of Administrative
Services to submit the Resolution to the California Transportation Commission (CTC); and
3) Make findings that adopting the Resolution is not a project subject to the California
Environmental Quality Act (“CEQA”) because the adoption in itself 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.)
10.PUBLIC HEARINGS
10.a Consideration of Architectural Review 23-006; Painting of a New Wall Mural; Location –
101 West Branch Street; Applicant – Alyssa Manno, Visit SLO CAL
(PEDROTTI)
Recommended Action:
Receive public comment and make a recommendation to the Arroyo Grande Public Art
Review Panel.
11.OLD BUSINESS
11.a Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022-05
(ROBESON)
Recommended Action:
1) Approve the construction plans & specifications for Strategies 2 through 4 of the 2022
Street Repairs Project, with Strategy 2 identified as an additive alternative in the request
for bids; 2) Approve the construction plans & specifications for Strategy 1 of the 2022
Street Repairs Project as a separate request for bids; 3) Authorize the City Clerk to
advertise for construction bids; and 4) Find that the project is categorically exempt from the
California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c) and
direct the City Clerk to file a Notice of Exemption.
12.NEW BUSINESS
None.
13.COUNCIL COMMUNICATIONS
Any Council Member may ask a question for clarification, make an announcement, or report briefly
on his or her activities. In addition, subject to Council policies and procedures, Council Members
may request staff to report back to the Council at a subsequent meeting concerning any matter or
request that staff place a matter of business on a future agenda. Any request to place a matter of
business for original consideration on a future agenda requires the concurrence of at least one other
Council Member.
14.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 5 of 390
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 6 of 390
Item 6.a.Page 7 of 390
Item 6.b.Page 8 of 390
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: April 11, 2023
SUMMARY OF ACTION:
Review and ratify cash disbursements.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is a $1,128,423.25 fiscal impact that includes the following items:
Accounts Payable Checks $719,732.09
Payroll & Benefit Checks $408,691.16
RECOMMENDATION:
1) Ratify the attached listing of cash disbursements for the period of March 1 through
March 15, 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.
ANALYSIS OF ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are a ccounted for in the FY 2022-23
budget.
Page 9 of 390
Item 9.a.
City Council
Consideration of Cash Disbursement Ratification
April 11, 2023
Page 2
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendation;
2. Do not approve staff’s recommendation; or
3. Provide other direction to staff.
ADVANTAGES:
The Administrative Services Department monitors payments of invoices for
accountability, accuracy, and completeness using standards approved by the City
Council.
Invoices are paid in a timely manner to establish goodwill with merchants.
Discounts are taken where applicable.
DISADVANTAGES:
There are no disadvantages identified in this recommendation.
ENVIRONMENTAL REVIEW:
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.)
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s websit e in accordance with
Government Code Section 54954.2.
Attachments:
1. March 1 – March 15, 2023 – Accounts Payable Check Register
2. March 10, 2023 – Payroll and Benefit Check Registers
Page 10 of 390
CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name1 03/03/2023 296740 $ 3,921.64 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP2 03/03/2023 296740 11,884.00 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP3 03/03/2023 296740 866.66 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP4 03/03/2023 296740 400.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP5 03/03/2023 296740 177.07 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP6 03/03/2023 296741 36,316.32 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT7 03/03/2023 296741 45,353.89 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT8 03/03/2023 296741 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT9 03/03/2023 296741 1,068.06 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT10 03/03/2023 296741 137.07 RETRO FIRE PEPRA 011.0000.2106 PERS - RETIREMENT11 03/03/2023 296742 30.00 ASH ST MAIN SHUTDOWN BACTI SAMPLES 640.4710.5310 ABALONE COAST ANALYTICAL INC12 03/03/2023 296743 175.00 CH HEAT PUMP ISSUES 010.4213.5303 ALPINE REFRIGERATION13 03/03/2023 296744 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES14 03/03/2023 296744 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES15 03/03/2023 296744 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES16 03/03/2023 296744 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES17 03/03/2023 296744 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES18 03/03/2023 296744 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES19 03/03/2023 296744 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES20 03/03/2023 296744 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES21 03/03/2023 296744 15.91 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES22 03/03/2023 296744 15.91 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES23 03/03/2023 296744 15.91 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES24 03/03/2023 296744 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES25 03/03/2023 296744 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES26 03/03/2023 296744 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES27 03/03/2023 296744 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES28 03/03/2023 296744 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES29 03/03/2023 296744 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES30 03/03/2023 296744 7.50 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES31 03/03/2023 296744 7.50 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES32 03/03/2023 296744 7.50 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES33 03/03/2023 296744 24.44 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES34 03/03/2023 296744 24.44 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES35 03/03/2023 296744 24.44 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES36 03/03/2023 296745 9.80 PARKS DEPARTMENT MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES37 03/03/2023 296746 1,340.94 CITY HALL PANACAST CONFERENCING 010.4140.5303 A-TOWN AUDIO VIDEO38 03/03/2023 296746 2,403.48 COUNCIL CHAMBERS PANACAST CONFERENCING 010.4140.5303 A-TOWN AUDIO VIDEO39 03/03/2023 296746 286.02 PD SQUAD ROOM SCV CALL 010.4140.5303 A-TOWN AUDIO VIDEOPage 11 of 390
CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name40 03/03/2023 296746 $ 339.98 COUNCIL CHAMBERS SVC CALL 010.4140.5303 A-TOWN AUDIO VIDEO41 03/03/2023 296747 50.00 REFUND SECURITY DEPOSIT 010.0000.2206 NICOLE BUCZYNSKI42 03/03/2023 296748 107.04 (30) DOGEAR CEDAR, (8) 2x4x8 220.4303.5613 BURKE AND PACE OF AG, INC43 03/03/2023 296749 93.00 LIVESCAN/FINGERPRINTING PD 010.4204.5329 CA ST DEPT OF JUSTICE44 03/03/2023 296749 32.00 LIVESCAN/FINGERPRINTING-PW 010.4307.5316 CA ST DEPT OF JUSTICE45 03/03/2023 296750 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 AMANDA CANO46 03/03/2023 296750 96.00 REFUND PARK RENTAL LESS ADMIN 010.0000.4354 AMANDA CANO47 03/03/2023 296750 27.00 REFUND BOUNCE HOUSE FEE 010.0000.4354 AMANDA CANO48 03/03/2023 296751 81.84 (5) FRAM ANT GREEN 50/50 220.4303.5603 CARQUEST AUTO PARTS49 03/03/2023 296752 327.16 ACCT#8245100960216667 WOMENS CENTER 010.4145.5401 CHARTER COMMUNICATIONS50 03/03/2023 296752 987.20 ACCT#8245100960223598-PD DARK 010.4145.5401 CHARTER COMMUNICATIONS51 03/03/2023 296752 185.15 ACCT#8245100960223572 PD TV 010.4145.5401 CHARTER COMMUNICATIONS52 03/03/2023 296752 736.80 ACCT#8245100960211288 PW TV, VOICE 010.4145.5401 CHARTER COMMUNICATIONS53 03/03/2023 296752 1,349.00 ACCT#8245100960301246 COUNCIL CHAMBER 211.4101.5330 CHARTER COMMUNICATIONS54 03/03/2023 296753 148.56 PW-383 TRASH PUMP FUEL & OIL 612.4610.5603 COASTLINE EQUIPMENT(DBA)55 03/03/2023 296754 50.00 REFUND SECURITY DEPOSIT 010.0000.2206 AMANDA CURIEL56 03/03/2023 296755 11,350.00 VACATION RENTAL ADMIN 010.4130.5303 DECKARD TECHNOLOGIES INC57 03/03/2023 296756 4,700.00 TALLY HO ROAD WIDENING 010.4301.5303 EARTH SYSTEMS PACIFIC58 03/03/2023 296756 1,035.00 TALLY HO ROAD WIDENING 010.4301.5303 EARTH SYSTEMS PACIFIC59 03/03/2023 296756 3,000.00 SLOPE STABILIZATION WORK 350.5621.7701 EARTH SYSTEMS PACIFIC60 03/03/2023 296757 4,909.91 ASH ST WATER MAIN REPAIR 6" VALVES & FITTINGS 640.4712.5610 FAMCON PIPE AND SUPPLY INC61 03/03/2023 296758 27,309.55 OAK PARK DRAINAGE REPAIR PROJECT PW 2020-04 350.5795.7301 FILIPPIN ENGINEERING62 03/03/2023 296759 931.95 LIFT STN#1 LEVEL TRANSDUCER 612.4610.5610 FLOW N CONTROL INC63 03/03/2023 296760 14.06 (2) KEYS & LOCK010.4305.5255 FRANK'S LOCK & KEY64 03/03/2023 296761 300.00 ONGOING SURVEY WORK010.4301.5303 GARING TAYLOR & ASSOCIATES INC65 03/03/2023 296762 66.81 DESK SIGN-FACE PLATE, PHOTO NAME PLATE 010.4001.5201 GRAND AWARDS, INC66 03/03/2023 296762 172.40 (5) PLAQUES-OUTGOING COMMISSIONERS 010.4001.5504 GRAND AWARDS, INC67 03/03/2023 296762 72.19 PLAQUE-T CARMEL 010.4001.5504 GRAND AWARDS, INC68 03/03/2023 296763 4,114.74 PREPARATION OF THE NCMA 2022 ANNUAL REPORT 640.4710.5303 GSI WATER SOLUTIONS69 03/03/2023 296764 370.23 TOILET RENTAL AND SERIVCES010.4424.5353 HARVEY'S HONEY HUTS70 03/03/2023 296764 275.16 TOILET RENTAL AND SERVICES010.4424.5353 HARVEY'S HONEY HUTS71 03/03/2023 296764 106.08 1375 ASH TRAILER MOUNT 220.4303.5552 HARVEY'S HONEY HUTS72 03/03/2023 296765 216.42 MARKING PAINT/RAIN GEAR 612.4610.5255 ICONIX WATERWORKS (US) INC73 03/03/2023 296765 216.42 MARKING PAINT/RAIN GEAR 640.4712.5255 ICONIX WATERWORKS (US) INC74 03/03/2023 296766 50.00 REFUND SECURITY DEPOSIT 010.0000.2206 TERRA KISSINGER75 03/03/2023 296767 50.00 REFUND SECURITY DEPOSIT 010.0000.2206 BARBARA MADDOX76 03/03/2023 296768 50.00 REFUND SECURITY DEPOSIT 010.0000.2206 MONIQUE MARTINEZ77 03/03/2023 296769 50.00 REFUND SECURITY DEPOSIT 010.0000.2206 DEBORAH MEDRANO78 03/03/2023 296769 60.00 REFUND RGP RENTAL 010.0000.4354 DEBORAH MEDRANOPage 12 of 390
CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name79 03/03/2023 296770 $ 61.35 ROOF CEMENT,PRY BAR, ELBOW & DOWNSPOUT 010.4213.5604 MINER'S ACE HARDWARE, INC80 03/03/2023 296770 88.30 SHOWER VLV SOCKET SET, FLEX SEAL 010.4213.5604 MINER'S ACE HARDWARE, INC81 03/03/2023 296770 108.80 CLEANING CLOTH, LED BULB 010.4213.5604 MINER'S ACE HARDWARE, INC82 03/03/2023 296770 17.23 123 A BATTERY FOR FLASH LIGHT 010.4305.5255 MINER'S ACE HARDWARE, INC83 03/03/2023 296770 116.35 SOCKET SET, HAMMER 010.4420.5273 MINER'S ACE HARDWARE, INC84 03/03/2023 296770 106.64 (3) TREE & SHRUB PROTECT 010.4420.5274 MINER'S ACE HARDWARE, INC85 03/03/2023 296770 43.04 (3) 2X4X8 PT, FASTENERS 010.4430.5605 MINER'S ACE HARDWARE, INC86 03/03/2023 296770 90.99 S HOOK, PLIERS, TWINE, CHAIN COIL 010.4430.5605 MINER'S ACE HARDWARE, INC87 03/03/2023 296770 9.78 SUPERWELD ADHESIVE 010.4430.5605 MINER'S ACE HARDWARE, INC88 03/03/2023 296770 74.29 SOCKET SET, 2X4 PT LUMBER, FASTENERS 010.4430.5605 MINER'S ACE HARDWARE, INC89 03/03/2023 296770 28.00 WATER METER KEY 220.4303.5613 MINER'S ACE HARDWARE, INC90 03/03/2023 296771 65.00 REFUND RECALL TRAINING 010.0000.4605 BECKY MULARONI91 03/03/2023 296772 400.00 LIFT ST N=7 PUMP FAIL TROUBLES 612.4610.5610 NVIRO92 03/03/2023 296773 580.51 ENCASE FORENSICS SUPPORT RENEWAL 010.4204.5607 OPEN TEXT INC93 03/03/2023 296774 543.12 PRE-EMPLOYMENT MEDICAL TESTING 010.4201.5315 PACIFIC CENTRAL COAST HEALTH94 03/03/2023 296774 150.00 DOT PHYSICAL EXAM-PW AUTO SHOP 010.4305.5315 PACIFIC CENTRAL COAST HEALTH95 03/03/2023 296775 16,587.98 ELECTRIC-STREETLIGHTS 010.4307.5402 PACIFIC GAS & ELECTRIC CO96 03/03/2023 296776 311.35 K-RAIL PICKUP 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA97 03/03/2023 296776 300.00 01/23 K-RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA98 03/03/2023 296777 1,300.00 DOGGIE BAGS 10 CASES 010.4420.5605 PET PICK-UPS99 03/03/2023 296777 219.82 FREIGHT 010.4420.5605 PET PICK-UPS100 03/03/2023 296778 56.00 PRIVATE LESSONS TENNIS 010.4424.5351 SUZANNE M PETRIE101 03/03/2023 296779 8,175.86 TRAFFIC WAY BRIDGE 350.5679.7501 QUINCY ENGINEERING INC102 03/03/2023 296780 225.00 QTRLY INSPECTION-CITY HALL GENERATOR010.4140.5303 SAN LUIS POWERHOUSE103 03/03/2023 296781 729.78 LOF SERVICE & NEW TIRES & BALANCE 010.4301.5601 SANTA MARIA TIRE, INC104 03/03/2023 296782 4,500.00 STREET SWEEPING JULY-DEC 2022 220.4303.5303 SCA105 03/03/2023 296782 2,700.00 STREET SWEEPING JAN-JUN 2023 220.4303.5303 SCA106 03/03/2023 296782 1,200.00 STREET SWEEPING JAN-JUN 2023 010.4307.5303 SCA107 03/03/2023 296782 1,500.00 STREET SWEEPING JULY-DEC 2022 010.4307.5303 SCA108 03/03/2023 296783 1,715.95 AUTOREAD SOFTWARE SUPPORT RENEWAL 640.4710.5303SENSUS METERING SYSTEMS INC109 03/03/2023 296784 85.62 NITRILE GLOVES, WORK GLOVES 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC110 03/03/2023 296784 30.67 STRAW WATTLE RGP 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC111 03/03/2023 296785 141.82 GAS SERVICES-111 S MASON ST 010.4145.5401 SOCALGAS112 03/03/2023 296785 88.15 GAS SERVICES-215 E BRANCH 010.4145.5401 SOCALGAS113 03/03/2023 296785 258.47 GAS SERVICES-211 VERNON ST 010.4145.5401 SOCALGAS114 03/03/2023 296785 18.51 GAS SERVICES-1500 W BRANCH 010.4145.5401 SOCALGAS115 03/03/2023 296786 171.18 3/4" PRV & PRESSURE GAUGE-472 226.4306.5303 STREATOR PIPE & SUPPLY116 03/03/2023 296787 65.00 D2 EXAM MAINTENANCE WORKER II 640.4712.5501 SWRCB-DWOCP117 03/03/2023 296788 65.00 T2 EXAM MAINTENANCE WORKER II 640.4712.5501 SWRCB-DWOCPPage 13 of 390
CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name118 03/03/2023 296789 $ 65.00 D2 EXAM MAINTENANCE WORKER II 640.4712.5501 SWRCB-DWOCP119 03/03/2023 296790 65.00 T2 EXAM MAINTENANCE WORKER II 640.4712.5501 SWRCB-DWOCP120 03/03/2023 296791 65.00 D-2 EXAM MAINTENANCE WORKER I 640.4712.5501 SWRCB-DWOCP121 03/03/2023 296792 65.00 T2 EXAM MAINTENANCE WORKER I 640.4712.5501 SWRCB-DWOCP122 03/03/2023 296793 50.00 D1 EXAM MAINTENANCE WORKER III 640.4712.5501 SWRCB-DWOCP123 03/03/2023 296794 50.00 T1 EXAM MAINTENANCE WORKER III 640.4712.5501 SWRCB-DWOCP124 03/03/2023 296795 422.84 REPLACE BRAKE, ROTORS ON PW-14 640.4712.5601 TOM'S AUTO SERVICE125 03/03/2023 296796 637.75 (2) 1100 3/4" FILL SAND, 2200 RECYCLE 220.4303.5613 TROESH RECYCLING, INC126 03/03/2023 296796 186.40 1100 3/4" FILL SAND 220.4303.5613 TROESH RECYCLING, INC127 03/03/2023 296797 9,000.00 TOTAL COMPENSATION STUDY PROJECT 010.4110.5303 UNCOMPLICATE HR INC128 03/03/2023 296798 2,580.71 FATS, OILS AND GREASE PROGRAM612.4610.5303 WALLACE GROUP A CALIF CORP129 03/03/2023 296799 412.25 ASH TOILET TROUBLE SHOOT, URINAL 010.4213.5303 WATERBOYS PLUMBING130 03/03/2023 296799 364.35 ASH HOSE BIBS AND FITTINGS, QUART CALCISOLVE 010.4213.5303 WATERBOYS PLUMBING131 03/03/2023 296799 356.50 RETROFIT - 329 TIGER TAIL 226.4306.5303 WATERBOYS PLUMBING132 03/03/2023 296800 678.00 CASH FOR GRASS-678 SQ FT226.4306.5554 RICK WETMORE133 03/03/2023 296801 1,031.60 BRISCO & HALCYON-REPLACE LED STREETLIGHT 220.4303.5303 LEE WILSON ELECTRIC COMPANY INC134 03/03/2023 296801 1,440.00 01/23 SIGNAL MAINT 12 INTERSECTIONS 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC135 03/03/2023 296801 60.00 OAK PARK & JAMES WAY 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC136 03/03/2023 296801 60.00 OAK PARK & ECR 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC137 03/03/2023 296801 75.00 OAK PARK & W BRANCH 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC138 03/03/2023 296802 50.00 REFUND SECURITY DEPOSIT 010.0000.2206 CRYSTAL YOUNG139 03/10/2023 296803 400.00 WOMEN'S CLUB DEPOSIT REFUND 010.0000.2206 ACBL UNIT 540140 03/10/2023 296804 1,000.00 FY22/23 SB90 CLAIMS PREP & SUBMISSION 010.4145.5303 AK & COMPANY141 03/10/2023 296805 22.82 BAN#9391033186 CC MACHINE 010.4145.5403 AT&T142 03/10/2023 296806 175.00 02/23 DESIGNATED OP INSPECTION 010.4305.5303 B & T SVC STN CONTRACTORS, INC143 03/10/2023 296806 175.00 01/23 DESIGNATED OP INSPECTION 010.4305.5303 B & T SVC STN CONTRACTORS, INC144 03/10/2023 296807 168.62 P-59 BATTERY 010.4420.5601 BATTERY SYSTEMS145 03/10/2023 296808 704.00 DOGGIE CLASSES WINTER SESSION010.4424.5351 IRINA BEATTY146 03/10/2023 296809 550.00 REIMBURSE FOR COUNCIL GOAL SET 010.4001.5504 ALEAH BERGAM147 03/10/2023 296810 2,890.50 01/23 PROF LEGAL SVCS 010.4003.5304 BEST BEST & KRIEGER LLP148 03/10/2023 296810 2,070.50 01/23 LITIGATION & RELATED MATTERS 010.4003.5327 BEST BEST & KRIEGER LLP149 03/10/2023 296811 255.91 CITY MGR LETTERHEAD 010.4102.5255 BOONE PRINTING & GRAPHICS INC150 03/10/2023 296811 824.29 ADMIN SVC & UTILITY ENVELOPES 010.4102.5255 BOONE PRINTING & GRAPHICS INC151 03/10/2023 296811 57.09 BUSINES CARDS-HR OFFICER 010.4102.5255 BOONE PRINTING & GRAPHICS INC152 03/10/2023 296811 1,478.55 ADMIN SVCS, UTILITY, BUS LIC ENVELOPES 010.4102.5255 BOONE PRINTING & GRAPHICS INC153 03/10/2023 296812 165.00 PEST CONTROL: PW 010.4213.5303 BREZDEN PEST CONTROL, INC154 03/10/2023 296812 146.00 PEST CONTROL: REC010.4213.5303 BREZDEN PEST CONTROL, INC155 03/10/2023 296813 705.04 BASEBALL BASES, ANCHORS, DIGGER 010.4430.5605 BSN SPORTS, LLC156 03/10/2023 296814 197.82 POSTER, PROGRAMS -VOLUNTEER NIGHT 010.4424.5252 BURDINE PRINTING (DBA)Page 14 of 390
CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name157 03/10/2023 296814 $ 12.93 PICKLEBALL POSTER 010.4424.5252 BURDINE PRINTING (DBA)158 03/10/2023 296815 32.06 (3) BAGS FAST SET CONCRETE 220.4303.5613 BURKE AND PACE OF AG, INC159 03/10/2023 296816 2,491.00 2022 USE TAX 010.0000.2014 CA DEPT OF TAX & FEE ADMIN160 03/10/2023 296817 185.00 PW SCV CALL 1/19/23 010.4213.5303 CAME SECURITY ALARMS161 03/10/2023 296818 28.08 WIRE BRUSH, RED PAINT, SANDPAPER010.4305.5255 CARQUEST AUTO PARTS162 03/10/2023 296819 31.45 EXCHANGE BOOTS- PW EMPLOYEE 220.4303.5148 CARR'S BOOTS & WESTERN163 03/10/2023 296820 319.98 TONER FOR FINANCE PRINTER 010.4120.5201 CARTRIDGE WORKS INC164 03/10/2023 296821 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 ELISA CECCHI165 03/10/2023 296822 761.32 ACCT#8245100960211791-REC TV & VOICE 010.4145.5401 CHARTER COMMUNICATIONS166 03/10/2023 296822 122.12 ACCT#8245100960129431 COUNCIL 010.4145.5401 CHARTER COMMUNICATIONS167 03/10/2023 296822 59.73 ACCT#8245100960221923 PW TV 010.4307.5303 CHARTER COMMUNICATIONS168 03/10/2023 296823 366.35 (10) 50# BAGS FERTILIZER 010.4430.5605 CHERRY LANE NURSERY LLC169 03/10/2023 296824 178.40 02/23 CLOGGING 010.4424.5351 KATHLEEN J CINOWALT170 03/10/2023 296825 2,179.36 MUNICODE PAGES 010.4140.5303 CIVICPLUS171 03/10/2023 296825 825.00 MUNICODE SUBSCRIPTION RENEWAL 010.4140.5303 CIVICPLUS172 03/10/2023 296826 562.50 GIS SUPPORT SERVICES 010.4130.5303 CK CONSULTING173 03/10/2023 296827 1,443.80 OFFICE SUPPLIES-COLOR TONERS 010.4102.5602 COAST TO COAST174 03/10/2023 296828 419.93 PW-383 (2) FUEL FILTERS 220.4303.5603 COASTLINE EQUIPMENT(DBA)175 03/10/2023 296829 234.14 2022 CONCRETE & ST REPAIR PLAN 350.5638.7301 CRISP IMAGING176 03/10/2023 296830 403.20 02/23 SR FITNESS 010.4424.5351 GAYLE CUDDY177 03/10/2023 296831 372.59 ACCT#2901-1271650-01 METRO INTERNET 010.4140.5303 DIGITAL WEST NETWORKS INC178 03/10/2023 296832 50.00 PARK DEPOSIT REFUND-RGP 010.0000.2206 ERIN DORSEY179 03/10/2023 296832 50.00 PARK RENTAL REFUND-RGP LESS ADMIN FEE 010.0000.4354 ERIN DORSEY180 03/10/2023 296832 27.00 REFUND BOUNCE HOUSE FEE-RGP 010.0000.4354 ERIN DORSEY181 03/10/2023 296833 1,225.00 02/23 BRIDGE GAMES & CLASSES010.4424.5351 FIVE CITIES DUPLICATE BRIDGE182 03/10/2023 296834 1,215.50 STRIPING PLAN 010.4301.5303 GHD INC183 03/10/2023 296834 11,325.64 GIS SERVICES 010.4301.5303 GHD INC184 03/10/2023 296834 536.25 HALCYON COMPLETE STREETS 010.4301.5303 GHD INC185 03/10/2023 296834 4,016.13 GIS SERVICES 010.4301.5303 GHD INC186 03/10/2023 296835 492.20 PW-50 SCR RESET 220.4303.5601 GIBBS INTERNATIONAL TRUCKS INC187 03/10/2023 296836 41.31 03/23 AETNA RESOURCES EAP-FCFA 010.0000.1111 HEALTH AND HUMAN RESOURCE CTR188 03/10/2023 296836 165.24 03/23 AETNA RESOURCES EAP 010.4145.5147 HEALTH AND HUMAN RESOURCE CTR189 03/10/2023 296837 1,007.25 SHORETEL PHONE CHRGS-CITY HALL 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC190 03/10/2023 296837 1,003.08 SHORETEL PHONE CHRGS-PD 010.4201.5403 LEVEL 3 COMMUNICATIONS LLC191 03/10/2023 296838 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 NELSON LIBBY192 03/10/2023 296839 510.00 01/23 FACILITY USAGE-OCC ZUMBA 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST193 03/10/2023 296839 330.00 12/22 FACILITY USE-OCC ZUMBA & 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST194 03/10/2023 296839 75.00 12/22 FACILITY USAGE-PAULDING 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST195 03/10/2023 296839 1,237.50 11/22 FACILITY USAGE-BASKETBAL010.4424.5257 LUCIA MAR UNIFIED SCHOOL DISTPage 15 of 390
CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name196 03/10/2023 296839 $ 60.00 12/22 FACILITY USAGE CIM WINTER CAMP 2 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST197 03/10/2023 296839 30.00 01/23 FACILITY USAGE-WINTER CAMP 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST198 03/10/2023 296840 1,474.90 02/23 ZUMBA & BARRE 010.4424.5351 HEIDY MANGIARDI199 03/10/2023 296841 623.28 MAP CHECKING SERVICES 010.4301.5303 MNS ENGINEERS INC200 03/10/2023 296842 1,000.00 2022 AUDIT TO DATE 010.4120.5303 MOSS, LEVY & HARTZHEIM LLP201 03/10/2023 296842 1,000.00 2022 AUDIT TO DATE 612.4610.5303 MOSS, LEVY & HARTZHEIM LLP202 03/10/2023 296842 1,000.00 2022 AUDIT TO DATE 640.4710.5303 MOSS, LEVY & HARTZHEIM LLP203 03/10/2023 296843 1,808.37 PW-10 REPAIR DRIVESHAFT, STEERING 640.4712.5601 MULLAHEY FORD204 03/10/2023 296844 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 JAZMIN NAVARRO205 03/10/2023 296845 188.80 02/23 YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON206 03/10/2023 296846 50.59 BELTS, EDGER BLADES 010.4420.5603 NOBLE SAW, INC207 03/10/2023 296847 55.16 OFFICE SUPPLIES 010.4120.5201 ODP BUSINESS SOLUTIONS LLC208 03/10/2023 296847 193.09 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC209 03/10/2023 296848 5,982.10 ELECTRIC 010.4145.5401 PACIFIC GAS & ELECTRIC CO210 03/10/2023 296848 11.95 ELECTRIC 217.4460.5355 PACIFIC GAS & ELECTRIC CO211 03/10/2023 296848 2,066.75 ELECTRIC 612.4610.5402 PACIFIC GAS & ELECTRIC CO212 03/10/2023 296848 1,898.21 ELECTRIC 640.4711.5402 PACIFIC GAS & ELECTRIC CO213 03/10/2023 296848 3,700.00 ELECTRIC 640.4712.5402 PACIFIC GAS & ELECTRIC CO214 03/10/2023 296848 1,416.99 ELECTRIC 010.4307.5402 PACIFIC GAS & ELECTRIC CO215 03/10/2023 296849 357.70 POSTAGE MACHINE SUPPLIES-RED INK 010.4102.5602 PITNEY BOWES216 03/10/2023 296850 484.37 03/23 GRACE LANE LANDSCAPE MAINT 216.4460.5304 RAINSCAPE217 03/10/2023 296850 1,201.41 03/23 PARKSIDE LANDSCAPE MAINT 219.4460.5304 RAINSCAPE218 03/10/2023 296851 5.38 COUNCIL CHAMBERS WATER 010.4213.5303 READYREFRESH BY NESTLE219 03/10/2023 296852 1,395.00 CASH FOR GRASS-1395 SQFT 226.4306.5554 SALLY ROSE220 03/10/2023 296853 1,721.50 CROSS CONNECTION PROGRAM FY 2022/23 640.4710.5303 SLO COUNTY ENVIRONMENTAL221 03/10/2023 296854 204.32 DUMPSTERS -STROTHER PARK 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC222 03/10/2023 296854 313.84 DUMPSTERS -FCFA 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC223 03/10/2023 296854 204.32 DUMPSTERS -STROTHER 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC224 03/10/2023 296854 160.61 DUMPSTERS -PD 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC225 03/10/2023 296854 102.16 DUMPSTERS -PW RECYCLE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC226 03/10/2023 296854 88.46 CITY HALL TRASH, RECYCLE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC227 03/10/2023 296854 555.40 DUMPSTER-268 TALLY HO STORM DEBRIS 220.4303.5307 SOUTH COUNTY SANITARY SVC, INC228 03/10/2023 296855 50.00 REFUND-PARENTS NIGHT OUT (2) 010.0000.4602 CARINA TRUJILLO229 03/10/2023 296856 1,500.00 02/23 TOTAL COMP STUDY PROJECT 010.4110.5303 UNCOMPLICATE HR INC230 03/10/2023 296857 1,126.10 FORKLIFT RENTAL FOR K-RAIL REMOVAL 220.4303.5552 UNITED RENTALS INC231 03/10/2023 296858 408.20 PAYROLL FOR:W/E 02/19 OFFICE ASSISTANT 612.4610.5303 UNITED STAFFING ASSOC.232 03/10/2023 296858 272.13 PAYROLL FOR:W/E 02/12 OFFICE ASSISTANT 612.4610.5303 UNITED STAFFING ASSOC.233 03/10/2023 296858 408.21 PAYROLL FOR:W/E 02/19 OFFICE ASSISTANT 640.4710.5303 UNITED STAFFING ASSOC.234 03/10/2023 296858 272.14 PAYROLL FOR:W/E 02/12 OFFICE ASSISTANT 640.4710.5303 UNITED STAFFING ASSOC.Page 16 of 390
CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name235 03/10/2023 296859 $ 332.80 02/23 ART CLASSES:ADULT ART PARTY 010.4424.5351 PEGGY VALKO236 03/10/2023 296860 884.25 ACCT#208620661-00002 PD CELL PHONES 010.4201.5403 VERIZON WIRELESS237 03/10/2023 296860 73.13 ACCT#808089883-00003 CIM CELL 010.4425.5255 VERIZON WIRELESS238 03/10/2023 296861 131.25 SSMP 5 YR UPDATE 2019 612.4610.5303 WALLACE GROUP A CALIF CORP239 03/10/2023 296862 1,574.41 STAFF EXTENSION SERVICES FOR FY 2022/23 NCMA 640.4710.5303 WATER SYSTEMS CONSULTING INC240 03/10/2023 296863 165.00 ASH ST RESTROOM-REPLACE ACTUATOR 010.4213.5303 WATERBOYS PLUMBING241 03/10/2023 296863 3,200.00 SOTO MENS RESTROOM-REPLACE 2 URINALS 010.4213.5303 WATERBOYS PLUMBING242 03/10/2023 296864 4,518.00 01/23 PROF LEGAL FEES-SM WATER 640.4710.5575 WHITE BRENNER LLP243 03/10/2023 296865 95.00 PW-USED OIL PICKUP 010.4305.5303 WORLD OIL ENVIROMENTAL SVCS244 03/10/2023 296866 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 CHRISTINA YBARRA245 03/10/2023 296866 96.00 PARK RENTAL REFUND-ELM ST LESS ADMIN FEE 010.0000.4354CHRISTINA YBARRA246 03/10/2023 296867 180.00 UB Refund Cst #00019441 640.0000.2301 JUAN BLAZQUEZ247 03/10/2023 296868 147.01 UB Refund Cst #00028357 640.0000.2301 TAMMY ANN BROWN248 03/10/2023 296869 56.83 UB Refund Cst #00028640 640.0000.2301 MARIANNE L BYRD249 03/10/2023 296870 101.41 UB Refund Cst #00028205 640.0000.2301 JACQUELINE GOTTWALD250 03/10/2023 296871 94.85 UB Refund Cst #00028846 640.0000.2301KEVIN GREEN251 03/10/2023 296872 7.85 UB Refund Cst #00026961 640.0000.2301 GARY HECKAMN252 03/10/2023 296873 63.16 UB Refund Cst #00027303 640.0000.2301 KYLE KOHL253 03/10/2023 296874 355.36 UB Refund Cst #00027989 640.0000.2301 JEFFREY STEPHEN MACIE254 03/10/2023 296875 142.14 UB Refund Cst #00027140 640.0000.2301 NORMAN MCGILL255 03/10/2023 296876 80.75 UB Refund Cst #00024580 640.0000.2301 DONALD PRESTWOOD256 03/10/2023 296877 166.89 UB Refund Cst #00028706 640.0000.2301 REAL PROPERTY MGMT257 03/10/2023 296878 90.00 UB Refund Cst #00023608 640.0000.2301 TRACEY STETTLER258 03/10/2023 296879 48.07 UB Refund Cst #00027762 640.0000.2301 KATIE VOGEL259 03/10/2023 296880 211.70 UB Refund Cst #00026052 640.0000.2301 WHITE CT LLC260 03/10/2023 296881 46,537.71 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE261 03/10/2023 296881 52,898.92 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE262 03/10/2023 296881 13,176.00 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE263 03/10/2023 296882 17,972.44 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT264 03/10/2023 296882 1,983.89 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT265 03/10/2023 296883 565.60 DEPT OF CHILD SUPPORT SERVICES 011.0000.2114 CA STATE DISBURSEMENT UNIT266 03/10/2023 296884 7,817.28 DENTAL INSURANCE: Payment 011.0000.2110 DELTA DENTAL267 03/10/2023 296884 2,375.84 DENTAL INSURANCE: Payment 010.4099.5132 DELTA DENTAL268 03/10/2023 296885 4,045.96 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP269 03/10/2023 296885 12,134.00 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP270 03/10/2023 296885 866.66 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP271 03/10/2023 296885 400.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP272 03/10/2023 296885 177.07 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP273 03/10/2023 296886 2,431.32 HMO ANTHEM TRADITIONAL - SEIU: Payment 011.0000.2109 PERS - ACTIVE MEDPage 17 of 390
CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name274 03/10/2023 296886 $ 4,200.00 PORAC MED INSURANCE: Payment 011.0000.2109 PERS - ACTIVE MED275 03/10/2023 296886 11,134.92 PPO PERS GOLD - MANAGEMENT: Payment 011.0000.2109 PERS - ACTIVE MED276 03/10/2023 296886 16,841.54 PPO PERS GOLD - POLICE: Payment 011.0000.2109 PERS - ACTIVE MED277 03/10/2023 296886 14,526.27 PPO PERS GOLD - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED278 03/10/2023 296886 1,977.86 BLUE SHIELD TRIO HMO - MGMT: Payment 011.0000.2109 PERS - ACTIVE MED279 03/10/2023 296886 2,738.58 BLUE SHIELD TRIO HMO - POLICE: Payment 011.0000.2109 PERS - ACTIVE MED280 03/10/2023 296886 1,977.86 BLUE SHIELD TRIO HMO - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED281 03/10/2023 296886 17,142.43 HMO-UNITED HEALTHCARE-MGMT: Payment 011.0000.2109 PERS - ACTIVE MED282 03/10/2023 296886 8,095.06 HMO UNITED HEALTHCARE-POLICE: Payment 011.0000.2109 PERS - ACTIVE MED283 03/10/2023 296886 18,729.70 HMO UNITED HEALTHCARE-SEIU: Payment 011.0000.2109 PERS - ACTIVE MED284 03/10/2023 296886 1,809.42 PERS GOLD - FIRE MANAGEMENT: Payment 011.0000.2109 PERS - ACTIVE MED285 03/10/2023 296886 4,668.08 PPO PERS PLATINUM - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED286 03/10/2023 296886 11,830.84 PPO PERS GOLD - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED287 03/10/2023 296886 1,521.44 BLUE SHIELD TRIO HMO - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED288 03/10/2023 296886 7,777.58 HMO UNITED HEALTHCARE-FIRE: Payment 011.0000.2109 PERS - ACTIVE MED289 03/10/2023 296886 6,190.32 HMO-UNITED HEALTH FIRE-MGMT: Payment 011.0000.2109 PERS - ACTIVE MED290 03/10/2023 296886 6,907.48 RETIREE HEALTH INSURANCE 010.4099.5136 PERS - ACTIVE MED291 03/10/2023 296886 765.96 RETIREE HEALTH INSURANCE 220.4303.5136 PERS - ACTIVE MED292 03/10/2023 296886 769.74 RETIREE HEALTH INSURANCE 010.0000.1111 PERS - ACTIVE MED293 03/10/2023 296886 106.52 ACTIVE HEALTH ADMIN FEE-FCFA 010.0000.1111 PERS - ACTIVE MED294 03/10/2023 296886 334.30 ACTIVE HEALTH ADMIN FEE 010.4145.5131 PERS - ACTIVE MED295 03/10/2023 296887 3,455.30 ACTIVE HEALTH INS-PT NONPERS 011.0000.2109 PERS - ACTIVE MED296 03/10/2023 296887 11.40 ACTIVE HEALTH ADMIN FEE-PT NON 010.4145.5131 PERS - ACTIVE MED297 03/10/2023 296888 35,859.55 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT298 03/10/2023 296888 45,914.21 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT299 03/10/2023 296888 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT300 03/10/2023 296888 1,157.57 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT301 03/10/2023 296888 (0.08) ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT302 03/10/2023 296889 1,140.58 STANDARD INSURANCE COMPANY: Payment 011.0000.2113 STANDARD INSURANCE CO303 03/10/2023 296889 469.12 STANDARD INSURANCE COMPANY: Payment 011.0000.2113 STANDARD INSURANCE CO304 03/10/2023 296889 23.50 STANDARD LIFE TAXABLE DEDUCT: Payment 011.0000.2113 STANDARD INSURANCE CO305 03/10/2023 296889 1,438.70 STANDARD LTD/STD INSURANCE: Payment 011.0000.2113 STANDARD INSURANCE CO306 03/10/2023 296890 1,594.16 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA307 03/10/2023 296891 2,116.82 VISION CARE INSURANCE: Payment 011.0000.2119 VISION SERVICE PLAN308 03/10/2023 296891 635.35 03/23 VSP RETIREE PREMIUM 010.4099.5133 VISION SERVICE PLAN309 03/15/2023 296892 150.00 03/16-03/17 PER DIEM 010.4204.5501 DAVID CULVER $ 719,732.09 Page 18 of 390
ATTACHMENT 2
.
General Fund 360,967.47 5101 Salaries Full time 214,355.73
Streets Fund 15,718.44 5101 Volunteer Employee Retirement -
American Rescue Plan Act - 5102 Salaries Part-Time - PPT 4,635.60
Sewer Fund 9,587.84 5103 Salaries Part-Time - TPT 20,243.25
Water Fund 22,417.41 5105 Salaries OverTime 11,828.95
408,691.16 5106 Salaries Strike Team OT -
5107 Salaries Standby 1,786.50
5108 Holiday Pay 24,142.49
5109 Sick Pay 5,149.18
5110 Annual Leave Buyback -
Administrative Services - 5111 Vacation Buyback -
Information Services - 5112 Sick Leave Buyback -
Community Development - 5113 Vacation Pay 5,086.26
Police 11,298.09 5114 Comp Pay 2,890.08
Public Works - Maintenance 530.86 5115 Annual Leave Pay 6,828.50
Public Works - Enterprise - 5116 Salaries - Police FTO 298.62
Recreation - Administration - 5121 PERS Retirement 30,579.92
Recreation - Special Events - 5122 Social Security 21,405.68
Children In Motion - 5123 PARS Retirement 307.33
11,828.95 5126 State Disability Ins. 876.82
5127 Deferred Compensation 741.66
5131 Health Insurance 49,651.62
5132 Dental Insurance 2,934.48
5133 Vision Insurance 807.68
5134 Life Insurance 396.12
5135 Long Term Disability 1,436.14
5137 Leave Payouts -
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 837.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 203.55
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 1,117.50
408,691.16
OVERTIME BY DEPARTMENT:
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
02/17/2023 - 03/02/2023
3/10/2023
BY FUND BY ACCOUNT
Page 19 of 390
Item 9.b.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director
BY: Lynda Horejsi, Accounting Manager
SUBJECT: Consideration of Statement of Investment Deposits
DATE: April 11, 2023
SUMMARY OF ACTION:
Presentation of the City’s investment deposits as of February 28, 2023.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no funding impact to the City related to these reports. However, the City does
receive interest revenue based on the interest rate of the investments. No or minimal
future staff time is projected.
RECOMMENDATION:
1) Receive and file the attached report listing investment deposits of the City of Arroyo
Grande as of February 28, 2023, as required by Government Code Section 53646(b); 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:
The Administrative Services department has historically submitted to the City Council a
monthly report, providing the following information:
1. Type of investment.
2. Financial institution (bank, savings and loan, broker, etc).
3. Date of maturity.
4. Principal amount.
5. Rate of interest.
Page 20 of 390
Item 9.b.
City Council
Consideration of Statement of Investment Deposits
April 11, 2023
Page 2
6. Current market value for all securities having a maturity of more than 12 months.
7. Relationship of the monthly report to the annual statement of investment policy.
ANALYSIS OF ISSUES:
This report represents the City’s investments as of February 28, 2023. It includes all
investments managed by the City, the investment institution, investment type, book value,
maturity date, and rate of interest. As of February 28, 2023, the investment portfolio was
in compliance with all State laws and the City’s investment policy.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendation to receive and file the attached report listing the
investment deposits;
2. Do not approve staff’s recommendation; or
3. Provide other direction to staff.
ADVANTAGES:
Safety of principal is the foremost objective of the City. Investments are undertaken in a
manner that seeks to ensure the preservation of capital in the overall portfolio.
DISADVANTAGES:
Some level of risk is present in any investment transaction. Losses could be incurred due
to market price changes, technical cash flow complications such as the need to withdraw
a non-negotiable Time Certificate of Deposit early, or even the default of an issuer. To
minimize such risks, diversifications of the investmen t portfolio by institution and by
investment instruments are being used as much as is practical and prudent.
ENVIRONMENTAL REVIEW:
The Statement of Investment Deposits 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. Portfolio Summary: February 28, 2023
Page 21 of 390
ATTACHMENT 1City of Arroyo Grande300 E. Branch St.Arroyo Grande, CA 93420Phone: (805) 473-5400CITY OF ARROYO GRANDEPortfolio ManagementPortfolio SummaryFebruary 28, 2023Investments Principal ValueCurrent Market Value Interest Rate Date of PurchaseTerm Maturity Date% of PortfolioLocal Agency Investment Fund15,266,500.24$ 15,266,500.24$ 2.624% 48.941%Certificates of DepositPacific Premier Bank 249,000.00 249,000.00 0.100% February 21, 2023 12 mos February 21, 2024 0.798%1st Security Bank Washington 249,000.00 249,000.00 1.700% October 4, 2019 42 mos April 4, 2023 0.798%Morgan Stanley Private Bank 247,000.00 247,000.00 2.250% July 11, 2019 45 mos July 11, 2023 0.792%Merrick Bank 249,000.00 249,000.00 1.800% October 16, 2019 48 mos October 16, 2023 0.798%BMW Bank North America 249,000.00 249,000.00 0.500% July 16, 2021 36 mos July 16, 2024 0.798%Mountain America Federal Credit Union 249,000.00 249,000.00 4.750% October 14, 2022 24 mos October 15, 2024 0.798%Enerbank USA 247,000.00 247,000.00 1.850% October 25, 2019 60 mos October 25, 2024 0.792%Wells Fargo Bank 249,000.00 249,000.00 4.600% October 28, 2022 24 mos October 28, 2024 0.798%Beal Bk Plano TX 247,000.00 247,000.00 1.350% March 26, 2022 36 mos March 26, 2025 0.792%Beal Bk Las Vegas NV 247,000.00 247,000.00 1.250% March 26, 2022 36 mos March 26, 2025 0.792%Flagstar Bank 245,000.00 245,000.00 0.850% May 15, 2020 60 mos May 15, 2025 0.786%American Express National Bank 246,000.00 246,000.00 3.100% May 25, 2022 36 mos May 25, 2025 0.789%New York Community Bank 249,000.00 249,000.00 0.550% July 1, 2021 48 mos July 1, 2025 0.798%Chief Financial Federal Credit Union 249,000.00 249,000.00 4.600% October 12, 2022 36 mos October 14, 2025 0.798%Live Oak Bank 249,000.00 249,000.00 3.150% May 25, 2022 48 mos May 26, 2026 0.798%UBS Bank USA 249,000.00 249,000.00 0.900% July 21, 2021 60 mos July 21, 2026 0.798%Toyota Financial Savings Bank 248,000.00 248,000.00 0.950% July 22, 2021 60 mos July 22, 2026 0.795%Bank United NA 249,000.00 249,000.00 1.350% December 8, 2021 60 mos December 8, 2026 0.798%Capital One Bank USA 248,000.00 248,000.00 1.250% December 8, 2021 60 mos December 8, 2026 0.795%Discover Bank 246,000.00 246,000.00 3.200% May 18, 2022 60 mos May 19, 2027 0.789%Total Certificates of Deposit4,960,000.00 4,960,000.00 15.900%Agency BondsFederal Farm Credit Bank 2,500,000.00 2,439,870.00 1.600% November 1, 2019 48 mos November 1, 2023 8.014%Federal Farm Credit Bank 1,999,314.00 1,884,394.00 0.350% December 4, 2020 42 mos May 16, 2024 6.409%Federal Home Loan Bank 499,252.43 489,432.83 1.000% July 19, 2022 29 mos December 20, 2024 1.600%Federal Farm Credit Bank 998,431.00 916,255.00 0.430% March 17, 2021 48 mos March 3, 2025 3.201%Federal Natl Mortgage Assn 1,000,000.00 894,245.00 0.500% October 20, 2020 60 mos October 20, 2025 3.206%Federal Home Loan Bank 999,500.00 888,857.00 0.800% March 17, 2021 60 mos March 10, 2026 3.204%Federal Home Loan Bank 994,396.00 915,968.00 2.400% March 17, 2021 72 mos March 29, 2027 3.188%Federal Home Loan Bank 500,000.00 474,339.00 3.375% May 17, 2022 60 mos May 17, 2027 1.603%Total Agency Bonds9,490,893.43 8,903,360.83 30.425%Page 22 of 390
ATTACHMENT 1City of Arroyo Grande300 E. Branch St.Arroyo Grande, CA 93420Phone: (805) 473-5400CITY OF ARROYO GRANDEPortfolio ManagementPortfolio SummaryFebruary 28, 2023Investments Principal ValueCurrent Market Value Interest Rate Date of PurchaseTerm Maturity Date% of PortfolioMunicipal BondsCalifornia State GO Various Purp Bond 491,810.00$ 469,765.00$ 3.100% May 12, 2022 47 mos April 1, 2026 1.577%Total Municipal Bonds491,810.00 469,765.00 1.577%Treasury ObligationsU.S. Treasury Z-2026 Series 984,728.00 888,789.00 1.100% December 6, 2021 53 mos May 31, 2026 3.157%Total Treasury Obligations984,728.00 888,789.00 3.157%TOTAL INVESTMENTS31,193,931.67$ 30,488,415.07$ 100.000%Page 23 of 390
Item 9.c.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director
BY: Lynda Horejsi, Accounting Manager
SUBJECT: Acceptance of the Annual Comprehensive Financial Report, Single
Audit, and Audit Report for the Transportation Development Act
Transportation Fund Reports
DATE: April 11, 2023
SUMMARY OF ACTION:
Receive and file the Annual Comprehensive Financial Report (ACFR), Single Audit, and
Audit Report for the Transportation Development Act Transportation Fund for the fiscal
year ended June 30, 2022.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Preparation of the City’s financial reports requires approximately 250 hours per year of
personnel resources and auditing services costing approximately $28,000 annually.
RECOMMENDATION:
1) Receive and file the Annual Comprehensive Financial Report (ACFR), Single Aud it,
and Audit Report for the Transportation Development Act Transportation Fund for the
fiscal year ended June 30, 2022. 2) Determine that ratifying the cash disbursements and
filing of the reports 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:
State law requires that every general-purpose local government publish an annual report
on its financial position and activity, and that the report be audited by an independent firm
of certified public accountants (the “Annual Comprehensive Financial Report”). The goal
of the independent audit is to provide a reasonable assurance that the City’s financial
statements are free of material misstatements. In addition, the auditing firm is responsible
for providing an independent review of the City’s internal financial controls. The City’s
financial statements, internal documents, and financial controls have been audited by the
Page 24 of 390
Item 9.c.
City Council
Acceptance of the Annual Comprehensive Financial Report, Single Audit, and
Audit Report for the Transportation Development Act Transportation Fund Reports
April 11, 2023
Page 2
certified public accountant firm of Moss, Levy & Hartzheim, LLP for the fiscal year ending
June 30, 2022.
The Single Audit is an organization-wide audit of a non-federal entity that expends
$750,000 or more in federally-awarded funds in one year. In fiscal year 2020-21, the City
expended $6.3 million in federal funds. The majority of the $6.3 million was funding for
the Bridge Street Bridge project totaling $5.5 million. For the 2021-22 fiscal year, the City
expended $844,750in federal funds. As a result, the City has completed a Single Audit
for the fiscal year ending June 30, 2022, which is included with this report.
The Transportation Development Act (TDA) provides a state funding source for use by
local jurisdictions at the county level to improve existing public transportation and to
encourage regional public transportation coordination. It also provides some funding for
bicycle and pedestrian projects and, when certain conditions are met, streets and roads.
The main purpose and priority of TDA, however, is to provide funding for public
transportation. The Local Transportation Fund (LTF) is a local fund into which the State
deposits sales tax revenue to be used for transportation purposes defined by TDA. The
State Department of Tax and Fee Administration, based on sales tax collected in each
county, returns the general sales tax revenues to each county’s LTF. The City has
completed the TDA Audit report every year and posts the reports on the City’s website.
Though not formally presented to the City Council in some prior years, this audit report
contains the results of the TDA audit for Council’s information and review.
ANALYSIS OF ISSUES:
Annual Comprehensive Financial Report (ACFR)
Generally accepted accounting principles (GAAP) provide the criteria for judging whether
a financial report is presented fairly. In defining the minimum standard of acceptable basic
financial reporting for state and local governments, GAAP mandates a complete set of
basic financial statements, including accompanying note disclosures, as well as the
presentation of certain required supplementary information. GAAP encourages
government agencies to present this information within the Annual Comprehensive
Financial Report (ACFR).
The ACFR provides a more detailed financial report beyond the basic financial
statements. The ACFR is made up of three sections:
• The introductory section: provides general information on the City which includes
the letter of transmittal, list of principal officials, and organizational chart.
• The financial section: provides the overall financial information of the City which
includes the report of the independent auditor, management’s discussion and
analysis (a narrative of the City finances), the basic financial statements, required
supplementary information and other supplementary schedules and statements.
Page 25 of 390
Item 9.c.
City Council
Acceptance of the Annual Comprehensive Financial Report, Single Audit, and
Audit Report for the Transportation Development Act Transportation Fund Reports
April 11, 2023
Page 3
• The statistical section: provides a broad range of operational, economic, and
historical data that provides a context for assessing the City’s economic condition.
This section provides information about the City’s general financial trends, revenue
capacity, debt capacity, economic and demographic trends, and operating
information.
The City’s external auditors at Moss, Levy & Hartzheim, LLP conducted testing of the
City’s internal financial controls in July 2022, October 2022, and January 2023. The
testing included reviewing the City’s procedures for receiving and disbursing cash, the
accounting methodology used to record transactions, the separation of duties to avert
collusion, and the City’s asset securities. As a result of this testing, there were no internal
control issues/events noted by the auditors.
An audit was also conducted on the net position of the City for the financial period ending
June 30, 2022. Documentation in support of the assets, liabilities, and fund balance of all
the funds in the City were examined and verified. This process assures an impartial review
and substantiation of the City’s net position. The result of this review is documented in
the City’s ACFR. The City’s ACFR complies with newly effective Government Accounting
Standards Board (GASB) pronouncements, as detailed in the Notes to the Financial
Statements.
Auditors may issue three different types of opinions at the conclusion of an audit; an
unmodified, modified, or adverse opinion. An unmodified opinion assures the reader that
the information presented in the ACFR fairly represents the financial position of the City.
A modified opinion states that the information is fairly presented except for a particular
issue. An adverse opinion indicates that the agency has major accounting and/or internal
control issues and no reliance may be placed on the financial statements. The
Administrative Services Department staff is proud to report that for the fiscal year ende d
June 30, 2022, the City of Arroyo Grande received an unmodified opinion, reflecting that
the information presented in the ACFR fairly represents the financial position of the City.
As presented in the ACFR, the City’s combined net position at June 30, 2022, increased
by $3.4 million or 3.54% from $95.9 million to $99.3 million. This overall increase is due
to an increase in governmental activities ($4.8 million) offset by a smaller decrease in
business-type activities ($1.4 million). The largest portion of the City’s net position, $81
million, reflects investments in capital assets net of depreciation (e.g. land, buildings,
infrastructure, and machinery & equipment). The City uses these capital assets to provide
services to the public; consequently, these assets are not available for future spending.
Page 26 of 390
Item 9.c.
City Council
Acceptance of the Annual Comprehensive Financial Report, Single Audit, and
Audit Report for the Transportation Development Act Transportation Fund Reports
April 11, 2023
Page 4
The description of the City’s net position of all funds reflects all the assets and liabilities
of the City. It includes the City’s investment in capital assets such as parks, bridges, and
roads as well as the liabilities or obligations to pay vendors, employees, and debt service
payments. The net position is the mathematical difference between assets and liabilities,
but it does not necessarily reflect the economic health of an organization. In the City’s
case, about 84% of the total net position reflects capital assets. While these assets are
important, they cannot be used to fund the day-to-day operations of the City and,
therefore, may not be the most useful measure of the City’s liquidity.
For financial reporting purposes, the half percent Local Sales Tax revenue approved by
voters in 2006 and Other Post-Employee Benefits funds (OPEB) are combined with the
General Fund in the ACFR. However, the City’s quarterly and year-end reporting is based
on the General Fund exclusively and does not include the Local Sales Tax or OPEB
funds. The combined funds, as shown in the table on the following page, reports total
revenues of $24.3 million and expenditures of $20.5 million. As a result, there was an
overall increase to the fund balance of $3.8 million during the 2021-22 fiscal year.
Page 27 of 390
Item 9.c.
City Council
Acceptance of the Annual Comprehensive Financial Report, Single Audit, and
Audit Report for the Transportation Development Act Transportation Fund Reports
April 11, 2023
Page 5
The ACFR reports a General Fund total fund balance of $17.8 million. However, a small
amount of the fund balance is considered non -spendable because it is held as inventory
($37,020). Additionally, $4.5 million is designated for completing capital projects or
meeting other commitments in the future, including post -employment benefits. This
leaves an unassigned balance of $10.8 million in the General Fund and $2.4 million in the
Local Sales Tax fund. Of the $10.8 million in unassigned General Fund, Council assigned
$1.35 million at the June 14, 2022, meeting for additional 2022 Sidewalk Repairs project
utilization and for the Employee Retention Incentive Program . The City’s Fiscal Policy
establishes the maintenance of a fund balance reserve goal of 20% of expenditures with
a minimum of 15% in the General Fund. At the conclusion of Fiscal Year 2021-22, the
reserve, based on available General Funds, was 57% and exceeded the City’s reserve
goal.
Single Audit
The City’s independent auditor, Moss, Levy & Hartzheim, LLP, completed the Single Audit
of federal awards for fiscal year ended June 30, 2022. The auditors opined that the City
complied, in all material respects, with requirements that could have a direct and material
effect on each of its major federal programs for the fiscal year ended June 30, 2022.
The City provided the following list of federal funding expenditures as of June 30, 2022:
General Fund
Local Sales
Tax Fund OPEB Total
Beginning Fund Balance 7/1/21 7,972,786$ 4,761,493$ 914,777$ 10,462,750$
Revenues 21,397,622 2,840,596 96,757 24,334,975
Expenditures (18,845,646) (1,634,948) - (20,480,594)
Net Change in Fund Balance 2,551,977$ 1,205,648$ 96,757$ 3,854,381$
Fund Balance:
Nonspendable 37,020$ -$ -$ 37,020$
Assigned for capital projects - 3,522,243 - 3,522,243
Assigned for post employment benefits - - 1,011,630 1,011,630
Unassigned 10,786,172 2,444,897 - 13,231,069
Ending Fund Balance, 6/30/22 10,823,192$ 5,967,140$ 1,011,630$ 17,801,962$
Project Name Total Expenditures
Bridge Street Habitat 52,411.15
Traffic Way Bridge 188,094.74
AMERICAN RESCUE PLAN ACT (ARPA)604,245.78
844,751.67$
City of Arroyo Grande
List of Federal funding of expenditures
As of June 30, 2022
Page 28 of 390
Item 9.c.
City Council
Acceptance of the Annual Comprehensive Financial Report, Single Audit, and
Audit Report for the Transportation Development Act Transportation Fund Reports
April 11, 2023
Page 6
Audit Report for the Transportation Development Act Transportation Fund
The City’s independent auditor, Moss, Levy & Hartzheim, LLP also completed the Audit
Report for the Transportation Development Act Transportation Fund Report (the “TDA
Transportation Fund Report”). The auditors opined that the City complied, in all material
respects, with requirements that could have a direct and material effect on each of its
major federal programs for the year ended June 30, 2022. There were no findings issued
or questioned costs.
The TDA Transportation Fund Report is for the Transportation Fund, which is a special
revenue fund of the City. The California Code of Regulations, Title 21, sections 6661 and
6751, required Local Transportation Fund and State Transit Assistance Fund recipients
such as the City to submit a fiscal audit report to the State Controller’s Office annually.
The Transportation Fund Audit reflected that the City’s allocations under Article 8, Section
99400(a), which relates to projects for local streets and other multimodal transportation,
for the fiscal year ended June 30, 2022, was $653,702. The City’s allocations under Public
Utilities Code Article 3, Section 99233.3, which relates to funding facilities for use of
pedestrians and bicycles or other local transportation projects, for the fiscal year ended
June 30, 2022, was $17,869. The City's allocation of the TDA Funds are used to support
the Streets program that maintains all city streets, rights-of-way, and sidewalks.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Receive and file the Annual Comprehensive Financial Report, Single Audit, and
Audit Report for the Transportation Development Act Transportation Fund Report
2. Provide other direction to staff.
ADVANTAGES:
By receiving and filing these reports, the City will be accepting the auditors’ unqualified
opinion. As mentioned above, an unqualified opinion assures the reader that the
information presented in the reports fairly represents the financial position of the City.
DISADVANTAGES:
There are no disadvantages in relation to the recommended action.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item. Ratifying the cash disbursements and
filing of the reports 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 29 of 390
Item 9.c.
City Council
Acceptance of the Annual Comprehensive Financial Report, Single Audit, and
Audit Report for the Transportation Development Act Transportation Fund Reports
April 11, 2023
Page 7
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. Annual Comprehensive Financial Report and Independent Auditors’ Report on
Internal Control over Financial Reporting and on Compliance and Other Matters
Based on an Audit of Financial Statements Performed in Accordance with
Government Auditing Standards
2. Single Audit
3. Transportation Development Act (TDA) Transportation Fund Report
Page 30 of 390
ATTACHMENTS 1 - 3
Attachment 1 is available as a link: FY 2021-22 Annual Comprehensive Financial Report (PDF)
Attachment 2 is available as a link: FY 2021-22 Single Audit Report (PDF)
Attachment 3 is available as a link: FY 2021-22 TDA Audit Report (PDF)
Page 31 of 390
Item 9.d.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director
SUBJECT: Consider Awarding a Contract to Tyler Technologies, Tyler Enterprise
ERP Software as a Service, for a Replacement Financial System and
Authorize the City Manager to Execute Contractual Agreements with
Tyler Technologies
DATE: April 11, 2023
SUMMARY OF ACTION:
Approve an agreement with Tyler Technologies, Inc. for an initial three -year term for
implementation of a new Enterprise Resource Planning (ERP) system and for ongoing
Software as a Service (SaaS).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The cost of training and implementing the new Tyler Enterprise ERP system is $413,349
and will be billed as incurred over the life of the project. The contract also includes a
separate annual SaaS services of $114,535, for the 3-year contract period during
implementation. The total contract summary is $780,244 as shown in the table below:
*The proposed contract includes approximately $23,290 for estimated travel expenses
for Tyler staff to provide onsite training and support if or when needed by the City.
Fee Category One Time Fees Annual SaaS Fees
Tyler Enterprise ERP Implementation Fees
Implementation 413,349
On Site Training*23,290
Annual SaaS fees
Year 1 114,535
Year 2 114,535
Year 3 114,535
Total Costs 436,639 343,605
780,244
Page 32 of 390
Item 9.d.
City Council
Consider Awarding a Contract to Tyler Technologies, Tyler Enterprise ERP
Software as a Service, for a Replacement Financial System and Authorize the City
Manager to Execute Contractual Agreements with Tyler Technologies
April 11, 2023
Page 2
The FY 2022-23 budget currently includes $225,000 for implementation of the new ERP
system, with additional funding included in FY 2023-24 of the CIP 5-year plan. If
approved, staff will incorporate the associated costs in the FY 2023-24 and FY 2024-25
budgets. With a July 1, 2023 anticipated start date for the implementation of the new ERP
system, no expenditures will occur in FY 2022-23. If approved, the proposed FY 2023-25
Biennial Budget will include an allocation of the FY 2022-23 and future FY 2023-24 budget
into FY 2023-24 in the amount of $413,349. Additionally, staff will propose adjusting the
IT software line item to include the additional SaaS costs in future budget years. The
current Eden software support is approximately $50,000 annually, an est imated increase
to the general fund operating budget totaling $64,535 is anticipated for future fiscal years.
Significant staff time within the Administrative Services Department will be anticipated to
be spent on this project during the next 36 months.
RECOMMENDATION:
1) Award a Contract to Tyler Technologies, Tyler Enterprise ERP Software as a Service,
for a Replacement Financial System and authorize the City Manager to Execute
Contractual Agreements with Tyler Technologies. 2) Determine that awarding a contract
to Tyler Technologies 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 Guide lines, §§ 15060, subd.
(b)(2)-(3), 15378.)
BACKGROUND:
The City purchased the Dos-based Eden Command Financial Management System in
April 1997. Though the computer system served the City well, computer technology made
great strides between 1997 and 2000. As the prevailing computer technology moved
toward Windows-based systems and away from Dos-based systems, Eden Computer
Systems found supporting two types of financial management systems unwieldy. In the
spring of 2000, the City was notified that migration to the W indows-based system of
lnforum Gold was encouraged and support for the Command System would cease in
December 2001 for non-migrating entities.
On July 24, 2001, the City Council approved the recommendation to migrate to the
lnforum Gold System, an Eden Systems product, and to fund the acquisition with lease
purchase financing. Implementation of the lnforum Gold system began in January 2003.
On December 3, 2003, Tyler Technologies, Inc. (Tyler) acquired Eden Systems, including
Inforum Gold Financials systems. Tyler Eden is the current Financial System the City
continues to operate.
Page 33 of 390
Item 9.d.
City Council
Consider Awarding a Contract to Tyler Technologies, Tyler Enterprise ERP
Software as a Service, for a Replacement Financial System and Authorize the City
Manager to Execute Contractual Agreements with Tyler Technologies
April 11, 2023
Page 3
Technology has progressed considerably since 2003 and Tyler Eden has not stayed at
the forefront of such progress. In fact, Tyler Eden is being phased out as an available
technology, and Tyler will no longer provide support for Tyler Eden, effective March 1,
2027.
On April 20, 2022, the Administrative Services Department issued a Request for
Proposals (RFP) for Enterprise Resource Planning (ERP) System and Implementation
Services. Three proposals were received by the RFP closing date of June 15, 2022. The
selection process was performed by the City’s Administrative Services Department and
Human Resources Officer and was based on the following criteria:
Quality, clarity, and responsiveness of proposal
Ability to meet the needs of the City
Well thought out timeline and roadmap for “go live” that includes an agreed upon
phased approach (to be finalized during contract negotiations)
Proven technical ability to design, install, and support the proposed system
Demonstrated ability to work in a cooperative and collaborative manner with
clients
Anticipated value and price
Perceived risk or lack thereof
Company financial stability
References
Results of Proof-of-Capabilities (POC) sessions
Ability to prepare and execute a contract in a timely manner
Commitment to continually evolve the system to remain current with legal
requirements, such as reporting, as well as operational best practices
All three submissions were reviewed and provided a Proof-of-Capabilities (POC) session
to provide scripted demonstration using scenarios developed by the City to evaluate
product functionality rather than a generic demonstration of the product. These POC
sessions were held in person during the months of September and October 2022,
providing each submission one to two days of presentation time.
The results of POC sessions led staff to recommend awarding the City’s ERP for
Replacement of the Financial System contract to Tyler Enterprise ERP (formerly known
as Tyler Munis), Software as a Service. Tyler Enterprise ERP is the platform that Tyler is
supporting as its flagship product to replace Tyler Eden.
ANALYSIS OF ISSUES:
The City has utilized the Tyler Eden system as its primary financial software program
since 2003, and the system has provided the necessary basic s ervices that the City has
Page 34 of 390
Item 9.d.
City Council
Consider Awarding a Contract to Tyler Technologies, Tyler Enterprise ERP
Software as a Service, for a Replacement Financial System and Authorize the City
Manager to Execute Contractual Agreements with Tyler Technologies
April 11, 2023
Page 4
needed as the City has grown and developed since that time. The City is currently using
the following modules:
Accounts Receivable
Accounts Payable
Payroll
Purchasing
General Ledger
Utility Billing
The City’s current human resources software, NeoGov, is the primary software that
supports the human resources function. The City is currently using the following NeoGov
modules:
Online government jobs recruitment
Employee Onboarding
Electronic Forms Document Repository
Employee Evaluations
Staff Development Training
Tyler Enterprise ERP’s Statement of Work (SOW) (Attachment 1) summarized the
implementation stages, activities, roles and responsibilities, and project scope listed in
the Investment Summary. Under the proposed contract, Tyler Enterprise ERP will
complete all conversions of current Tyler Eden records for up to 5 years.
The proposed contract with Tyler Enterprise ERP includes the current Tyler Eden
Modules identified above, as well as the following additional modules:
Budgeting
Cash Management
Contract Management
Project & Grant Accounting
Business Licenses
Cashiering
Utility Billing Meter Interface
Forms for workflow approvals within Accounts Payable
Additionally, Tyler Enterprise ERP has Human Resources functionalities integrated within
financial and payroll applications. If approved, the Tyler Enterprise ERP contract will
provide the current NeoGov Modules, minus the online government jobs recruitment
module, as well as:
Employee Self Service Portal, including Mobile Access
Employee Time and Attendance, including Electronic Timesheets
Talent Management
Page 35 of 390
Item 9.d.
City Council
Consider Awarding a Contract to Tyler Technologies, Tyler Enterprise ERP
Software as a Service, for a Replacement Financial System and Authorize the City
Manager to Execute Contractual Agreements with Tyler Technologies
April 11, 2023
Page 5
It is recommended that the City continue to use NeoGov for online government jobs
recruitment, as it is the industry leader in the public sector for recruitment through the
governmentjobs.com website. However, having all other aspects of Human Resources
modules integrated into Tyler Enterprise ERP will consolidate all information into a single
system to provide more accurate data, standardized reporting, and a single data entry
point. This will help streamline processes and create an easier database for accounting
and human resources staff as well as for employees to access their data.
Cost Proposal
When the City purchased Tyler Eden, the City purchased it under Tyler’s Evergreen
licensing model, which allowed for upgrades to other Tyler products without having to pay
for the licensing. However, Tyler Technologies has now abandoned that model and has
moved to the SaaS (software as a service) model, which is offered as a subscription and
does not require the purchase of licensing. With that in mind and knowing that the City
had paid for licensing previously, staff negotiated with Tyler to secure reasonable price
points for the products the City will be using. The total contract summary is $780,244 as
shown in the table below:
Tyler Enterprise ERP is the leading product being used in a significant number of cities
throughout the Country and it provides a fully-integrated-system that will allow the City to
increase productivity, gain efficiencies, and improve overall operational effectiveness.
The new system will allow the City to automate many of its manual workflows and
business processes as well as move toward a paperless environment by taking
advantage of the system’s built-in document management system. The current reporting
capabilities with Tyler Eden are limited and are not easily customized for reports or
queries. The new system has several reporting options which will allow the City to make
more timely and accurate decisions as well as provide staff with the ability to share
information more easily with citizens and City personnel.
Page 36 of 390
Item 9.d.
City Council
Consider Awarding a Contract to Tyler Technologies, Tyler Enterprise ERP
Software as a Service, for a Replacement Financial System and Authorize the City
Manager to Execute Contractual Agreements with Tyler Technologies
April 11, 2023
Page 6
Completing the conversion from one ERP system to another is always an arduous and
time-consuming project, which creates a much more difficult workload for all City staff
who are involved in the process. Therefore, it will be important to factor that observation
into the expectations of staff during this approximately three-year project.
If this agreement is approved by the City Council, staff will work closely with the Tyler
representatives to schedule the timing for the implementation of the various modules that
are being proposed for approval in the agreement. However, the tentative schedule calls
for the kick-off of the conversion to take place in early July 2023. The City in consultation
with the City Attorney’s office has been in active negotiation with Tyler to make the terms
more equitable for the City.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Award a Contract to Tyler Technologies, Tyler Enterprise ERP Software as a Service,
for a Replacement Financial System and authorize the City Manager to Execute
Contractual Agreements with Tyler Technologies; or
2. Provide other direction to staff.
ADVANTAGES:
Updating the accounting software will update a 20-year-old accounting platform that
requires staff to complete many duplicated work items and will replace the current Eden
product that will no longer be supported by the vendor as of March 1, 2027.
DISADVANTAGES:
Significant staff time within the Administrative Services Department will be needed to
implement the new ERP system during the next 36 months.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item. Awarding a contract to Tyler
Technologies 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.
Page 37 of 390
Item 9.d.
City Council
Consider Awarding a Contract to Tyler Technologies, Tyler Enterprise ERP
Software as a Service, for a Replacement Financial System and Authorize the City
Manager to Execute Contractual Agreements with Tyler Technologies
April 11, 2023
Page 7
Attachments:
1. Proposed Tyler Technologies Agreement - Evergreen Migration
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SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and the City of Arroyo
Grande, a California public entity (“Client”).
WHEREAS, Client seeks certain services ands products from Tyler as set forth in the Investment
Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler
desires to provide such products and services under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth
in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
“Agreement” means this Software as a Services Agreement.
“Business Travel Policy” means our business travel policy. A copy of our current Business Travel
Policy is attached as Schedule 1 to Exhibit B.
“Client” means City of Arroyo Grande, California.
“Data” means your data necessary to utilize the Tyler Software.
“Data Storage Capacity” means the contracted amount of storage capacity for your Data
identified in the Investment Summary.
“Defect” means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you, or their functional equivalent. Future
functionality may be updated, modified, or otherwise enhanced through our maintenance and
support services, and the governing functional descriptions for such future functionality will be
set forth in our then-current Documentation.
“Defined Users” means the number of users that are authorized to use the SaaS Services. The
Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A
contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum
number of named users that are authorized to use the Enterprise Permitting & Licensing labeled
modules as indicated in the Investment Summary.
“Developer” means a third party who owns the intellectual property rights to Third Party
Software.
“Documentation” means any online or written documentation related to the use or
functionality of the Tyler Software that we provide or otherwise make available to you, including
instructions, user guides, manuals and other training or self-help documentation.
“Effective Date” means the date by which both your and our authorized representatives have
signed the Agreement.
“Force Majeure” means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other
cause that could not with reasonable diligence be foreseen or prevented by you or us.
“Investment Summary” means the agreed upon cost proposal for the products and services
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attached as Exhibit A.
“Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
“Order Form” means an ordering document that includes a quote or investment summary and
specifying the items to be provided by Tyler to Client, including any addenda and supplements
thereto.
“SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary.
“SaaS Services” means software as a service consisting of system administration, system
management, and system monitoring activities that Tyler performs for the Tyler Software, and
includes the right to access and use the Tyler Software, receive maintenance and support on the
Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and
archiving. SaaS Services do not include support of an operating system or hardware, support
outside of our normal business hours, or training, consulting or other professional services.
“SLA” means the service level agreement. A copy of our current SLA is attached hereto as
Exhibit C.
“Statement of Work” means the industry standard implementation plan describing how our
professional services will be provided to implement the Tyler Software, and outlining your and
our roles and responsibilities in connection with that implementation. The Statement of Work is
attached as Exhibit E.
“Support Call Process” means the support call process applicable to all of our customers who
have licensed the Tyler Software. A copy of our current Support Call Process is attached as
Schedule 1 to Exhibit C.
“Third Party Hardware” means the third party hardware, if any, identified in the Investment
Summary.
“Third Party Products” means the Third Party Software and Third Party Hardware.
“Third Party SaaS Services” means software as a service provided by a third party, if any,
identified in the Investment Summary.
“Third Party Services” means the third party services, if any, identified in the Investment
Summary.
“Third Party Software” means the third party software, if any, identified in the Investment
Summary.
“Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the
Third Party Products or other parties’ products or services, as applicable, and attached or
indicated at Exhibit D.
“Tyler” means Tyler Technologies, Inc., a Delaware corporation.
“Tyler Software” means our proprietary software, including any integrations, custom
modifications, and/or other related interfaces identified in the Investment Summary and
licensed by us to you through this Agreement.
“we”, “us”, “our” and similar terms mean Tyler.
“you” and similar terms mean Client.
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SECTION B –SAAS SERVICES
1. Rights Granted.
1.1 We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely
for your internal business purposes, including by your third-party consultants and contractors
who have agreed in writing to be bound by the applicable terms of this Agreement, for the
number of Defined Users only. The Tyler Software will be made available to you according to
the terms of the SLA. You acknowledge that we have no delivery obligations and we will not
ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to
access updates and enhancements to the Tyler Software, as further described in Section C(9).
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our
Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount
of Data Storage Capacity. You may add additional users or additional data storage capacity on the
terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined
Users or Data Storage Capacity of 1 TB of storage for Content Manager SE and 32 concurrent users,
we reserve the right to charge you additional fees commensurate with the overage, on prior written
notice.
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software,
and anything developed by us under this Agreement. You do not acquire under this Agreement
any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for
internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize
that except to the extent necessary to carry out our obligations contained in this Agreement, we
do not endorse any of your Data created or used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS
Services available in any manner to any third party for use in the third party’s business operations;
(b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of
the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a
third party in building or supporting, products or services competitive to us; or (d) license, sell, rent,
lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service
bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or
Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the
term of this Agreement. If the Tyler Software does not perform as warranted, we will use all
reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the
maintenance and support process set forth in Section C(9), below, the SLA and our then current
Support Call Process.
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6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on
Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain,
SOC 1 and SOC 2 compliance, or its equivalent. The scope of audit coverage varies for some
Tyler Software solutions. Upon request and execution of a mutually agreeable Non-Disclosure
Agreement (“NDA”), we will provide you with a summary of our compliance report(s) or its
equivalent. If our SaaS Services are provided using a 3rd party data center, we will provide
available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In
either event, databases containing your Data will be dedicated to you and inaccessible to our
other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and
the required hardware to provide access to the Tyler Software in the event of a disaster or
component failure. In the event of a data center failure, we reserve the right to employ our
disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a
Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24
hours. RPO represents the maximum duration of time between the most recent recoverable
copy of your hosted Data and subsequent data center failure. RTO represents the maximum
duration of time following data center failure within which your access to the Tyler Software
must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web
application to be performed. We will maintain industry standard intrusion detection and
prevention systems to monitor malicious activity in the network and to log and block any such
activity. We will provide you with a written or electronic record of the actions taken by us in the
event that any unauthorized access to your database(s) is detected as a result of our security
protocols. We will undertake an additional security audit, on terms and timing to be mutually
agreed to by the parties, at your written request. You may not attempt to bypass or subvert
security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and
unauthorized vulnerability and penetration test scanning of our network and systems (hosted or
otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule
and execute such a test on a mutually agreeable schedule. At your written request, we will
provide test results to you within a commercially reasonable timeframe after receipt of the
request.
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be
responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
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6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other
visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to
ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we
are responsible for the security of cardholder data that we possess, including functions relating
to storing, processing, and transmitting of the cardholder data and affirm that, as of the
Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and
have performed the necessary steps to validate compliance with the PCI DSS. We agree to
supply the current status of our PCI DSS compliance program in the form of an official
Attestation of Compliance, which can be found at https://www.tylertech.com/about-
us/compliance, and in the event of any change in our status, will comply with applicable notice
requirements.
7. License Rights Terminate Upon Migration. When Tyler makes Tyler Software identified in the
Investment Summary (the “Evergreen Modules”) and licensed pursuant to this Agreement available
to the Client for use in live production, the license to the Tyler software listed in Exhibit A, Schedule
1 (hereafter, “Migration Modules”) terminates, as do Tyler’s maintenance, support, and/or update
obligations for such software.
SECTION C –PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in
the Investment Summary and described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set
forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and
Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith
estimates of the amount of time and materials required for your implementation. We will bill you
the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the
total values set forth in the Investment Summary will be resolved by multiplying the applicable
hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the
scope of services and related costs (including programming and/or interface estimates) required for
the project based on our understanding of the specifications you supplied. If additional work is
required, or if you use or request additional services, we will provide you with an addendum or
change order, as applicable, outlining the costs for the additional work. The price quotes in the
addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. Subject to Section C(9.5), we make all reasonable efforts to schedule our personnel for
travel, including arranging travel reservations, at least two (2) weeks in advance of commitments.
Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or
breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf,
and (b) daily fees associated with cancelled professional services if we are unable to reassign our
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personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within
two (2) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent
with industry standards. In the event we provide services that do not conform to this warranty, we
will re-perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with access to your
personnel, facilities, and equipment as may be reasonably necessary for us to provide
implementation services, subject to any reasonable security protocols or other written policies
provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone
criminal background checks prior to hire. No employee that has not gone through such background
checks shall provide onsite services under this Agreement. All employees sign our confidentiality
agreement and security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
process requiring the time and resources of your personnel. You agree to use all reasonable efforts
to cooperate with and assist us as may be reasonably required to meet the agreed upon project
deadlines and other milestones for implementation. This cooperation includes at least working with
us to schedule the implementation-related services outlined in this Agreement. We will not be
liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or
to the failure by your personnel to provide such cooperation and assistance (either through action
or omission).
9. Maintenance and Support. In addition to the terms set forth in the SLA and the Support Call
Process, we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike
manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to
any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third
Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements)
that we make generally available without additional charge to customers who have a
maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with
any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-
party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore,
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you agree to maintain a high-speed internet connection capable of connecting us to your PCs and
server(s). You agree to provide us with a login account and local administrative privileges as we may
reasonably require to perform remote services. We will, at our option, use the secure connection to
assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols.
If we cannot resolve a support issue remotely, we may be required to provide onsite services. In
such event, we will be responsible for our travel expenses, unless it is determined by us in our
reasonable discretion that the reason onsite support was required was a reason outside our control.
We agree to provide you with written notice of our travel where we believe you should be
responsible for travel expeneses, and will not make such travel plans until we receive written
consent from you that you agree to pay for travel expenses. Either way, you agree to provide us
with reasonable access to the Tyler Software, working space, adequate facilities within a reasonable
distance from the equipment, and use of machines, attachments, features, or other equipment
reasonably necessary for us to provide the maintenance and support services, all at no charge to us.
We strongly recommend that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support
(unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b)
application design; (c) other consulting services; or (d) support outside our normal business hours as
listed in our then-current Support Call Process. Requested services such as those outlined in this
section will be billed to you on a time and materials basis at our then current rates. You must
request those services with at least one (1) weeks’ advance notice.
10. Support of Migration Modules. Beginning on the commencement of the initial term as set forth in
Section F (1) of this Agreement, and contingent upon Client’s timely payment of annual SaaS Fees
for Tyler Evergreen Modules, Client is entitled to receive, at no additional charge, maintenance and
support for the Migration Modules until Tyler makes the Tyler Evergreen Modules available for use
in live production.
SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have
purchased any, for the price set forth in the Investment Summary. Those amounts are payable in
accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party
Software and related documentation for internal business purposes only. Your rights to the Third
Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive
free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not
warrant or guarantee the performance of the Third Party Products. However, we grant and pass
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through to you any warranty that we may receive from the Developer or supplier of the Third
Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided
independent of Tyler by such third-party at the rates set forth in the Investment Summary and in
accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in
the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the
warranties in this Agreement, you will provide us with written notice within thirty (30) days of your
receipt of the applicable invoice. The written notice must contain reasonable detail of the issues
you contend are in dispute so that we can confirm the issue and respond to your notice with either a
justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues
presented in your notice. We will work with you as may be necessary to develop an action plan that
outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we
complete the action items outlined in the plan. If we are unable to complete the action items
outlined in the action plan because of your failure to complete the items agreed to be done by you,
then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS
Services, including maintenance and support services, if you fail to pay an invoice not disputed as
described above within thirty (30) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement equal to the number of years indicated for SaaS Services in
Exhibit A, commencing on the first day of the first month following the Effective Date, unless earlier
terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one (1) year.
Upon expiration of the initial term, this Agreement will renew automatically for additional one (1)
year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at
least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use
the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination,
you will pay us for all undisputed fees and expenses related to the software, products, and/or
services you have received, or we have incurred or delivered, prior to the effective date of
termination. We shall provide you with a pro-rata refund of any prepaid but unused fees, no later
than thirty (30) days following the termination. Disputed fees and expenses in all terminations other
than your termination for cause must have been submitted as invoice disputes in accordance with
Section E(2).
2.1 Failure to Pay SaaS Fees. We reserve the right to suspend delivery of all SaaS Services,
including maintenance and support services, if you fail to pay undisputed SaaS Fees within thirty
(30) days of notice of our intent to do so. We may also terminate this Agreement if you don’t
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cure such failure to pay within forty-five (45) days of receiving written notice of our intent to
terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the
Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause
in the event we do not cure, or create a mutually agreeable action plan to address, a material
breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event
suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds
sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty
(30) days written notice to us. You will not be entitled to a refund or offset of previously paid,
but unused SaaS Fees. You agree not to use termination for lack of appropriations as a
substitute for termination for convenience.
2.5 Termatination for Convience. You may terminate this Agreement for convenience upon sixty
(60) days advance written notice. In addition to your other payment obligations upon
termination of this Agreement, you will also pay the following early termination fees:
(a) if you terminate during the first year of the initial term, 100% of the SaaS Fees
through the effective date of termination plus 25% of the SaaS Fees then due for the
remainder of the initial term;
(b) if you terminate during the second year of the initial term, 100% of the SaaS Fees
through the effective date of termination plus 15% of the SaaS Fees then due for the
remainder of the initial term; and
(c) if you terminate after the second year of the initial term, 100% of the SaaS Fees
through the effective date of termination plus 10% of the SaaS Fees then due for the
remainder of the initial term or the applicable renewal term.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend, indemnify and hold you harmless against any third party claim(s) that the Tyler
Software or Documentation infringes that third party’s intellectual property rights, including
patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of
any resulting adverse final judgment (or settlement to which we consent). You must notify us
promptly in writing of the claim and give us sole control over its defense or settlement provided
we will not settle any claim without your written consent where the settlement includes any
statement as to any admission of fault, culpability on your part, or a failure to act by or on your
behalf.
1.2 You agree to provide us with reasonable assistance, cooperation, and information in defending
the claim at our expense.
1.3 Our obligations under this Section G(1) will be reduced in proportion to and to the extent the
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claim or adverse final judgment is based on your use of the Tyler Software in contradiction of
this Agreement, or your willful infringement.
1.4 If we receive information concerning an infringement or misappropriation claim related to the
Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for
you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a
functional equivalent, in which case you will stop running the allegedly infringing Tyler Software
immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you
may continue to use the Tyler Software consistent with the terms of this Agreement.
1.5 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software
is enjoined by a court of competent jurisdiction, in addition to paying any adverse final
judgment (or settlement to which we consent), we will, at our option, either: (a) procure the
right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional
equivalent.
1.6 This section provides your exclusive remedy for third party copyright, patent, or trademark
infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will defend, indemnify and hold harmless you and your agents, officials, and employees
from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses
(including reasonable attorney's fees and costs) for (a) personal injury or property damage, to
the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS
requirements or any law applicable to our performance under this Agreement, including
applicable State and Federal data privacy laws. You must notify us promptly in writing of the
claim and give us sole control over its defense or settlementprovided we will not settle any
claim without your written consent where the settlement includes any statement as to any
admission of fault, culpability on your part, or a failure to act by or on your behalf. You agree to
provide us with reasonable assistance, cooperation, and information in defending the claim at
our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our
agents, officials, and employees from and against any and all third-party claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for
personal injury or property damage only in proportion to and to the extent caused by your
negligence or willful misconduct; or (b) your violation of a law applicable to your performance
under this Agreement. We will notify you promptly in writing of the claim and will give you sole
control over its defense or settlement. We agree to provide you with reasonable assistance,
cooperation, and information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER
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DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH
IN SECTION F(1), TWO (2) TIMES THE TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B)
DURING ANY RENEWAL TERM, TWO (2) TIMES THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE
IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH
IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE
MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES,
AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY
REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE
SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain
the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b)
Automobile Liability of at least $1,000,000; (c) Professional Liability (including Cyber) of at least
$2,000,000 (with a $1,000,000 sublimit for cyber protection; (d) Workers Compensation complying
with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We
will add you as an additional insured to our Commercial General Liability and Automobile Liability
policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability
policy as well. We will provide you with copies of certificates of insurance upon your written
request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates
set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a
mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12)
months have expired, you may purchase additional products and services at our then-current list
price, also by executing a mutually agreed addendum. The terms of this Agreement will control any
such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will
be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming
aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in
good faith negotiations with our appointed senior representative. Senior representatives will
convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings
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and discussions between senior representatives will be deemed confidential settlement discussions
not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If
we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort
to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may
assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this
section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution
procedures. Nothing in this section shall prevent either party from filing suit prior to or during the
dispute resolution process to preserve its rights under applicable statute of limitations.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation,
sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt
certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will
reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a
copy. For clarity, we are responsible for paying our income taxes, both federal and state, as
applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for
employment concerning the performance of our responsibilities under this Agreement. This
discrimination prohibition will apply to all matters of initial employment, tenure, and terms of
employment, or otherwise with respect to any matter directly or indirectly relating to employment
concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that
is unrelated to the individual's ability to perform the duties of a particular job or position, height,
weight, marital status, or political affiliation. We will post, where appropriate, all notices related to
nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your
project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior
written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, your consent is not
required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or
purchase of substantially all of our assets.
9. Force Majeure. Neither party will be liable for delays in performing its obligations under this
Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within
ten (10) business days of the Force Majeure event, the party whose performance is delayed provides
the other party with written notice explaining the cause and extent thereof, as well as a request for
a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you
and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have
the right to make any claim or assert any right under this Agreement. This provision does not affect
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the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and
us with respect to the subject matter hereof, and supersedes any prior agreements, understandings,
and representations, whether written, oral, expressed, implied, or statutory. Purchase orders
submitted by you, if any, are for your internal administrative purposes only, and the terms and
conditions contained in those purchase orders will have no force or effect. This Agreement may
only be modified by a written amendment signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement will be considered valid and enforceable to the fullest extent
permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced
by either party, such non-enforcement will not act as or be deemed to act as a waiver or
modification of this Agreement, nor will such non-enforcement prevent such party from enforcing
each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as
notice of an alleged material breach for a termination for cause or a dispute that must be submitted
to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the
following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail,
return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of
proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United
States Postal Service authorized mail center with proper postage (certified mail, return receipt
requested) affixed and addressed to the other party at the address set forth on the signature page
hereto or such other address as the party may have designated by proper notice. The consequences
for the failure to receive a notice due to improper notification by the intended receiving party of a
change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, and with your prior written
consent, marketing presentations and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of
such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be
confidential and includes, without limitation, personal identifying information (e.g., social security
numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will
not disclose any confidential information of the other party and further agrees to take all reasonable
and appropriate action to prevent such disclosure by its employees or agents. The confidentiality
covenants contained herein will survive the termination or cancellation of this Agreement. This
obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of
this Agreement by a party or its employees or agents;
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(b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or
(d) is the subject of a legitimate disclosure request under the open records laws or similar
applicable public disclosure laws governing this Agreement or a Court order; provided,
however, that in the event you receive an open records or other similar applicable request,
you will give us prompt notice and otherwise perform the functions required by applicable
law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your
Data. In the event we detect malware or other conditions associated with your Data that are
reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the
absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment
to an isolated “quarantined” environment without advance notice. We will make commercially
reasonable efforts to provide written notice to you of such measures. Your Data will remain in such
quarantine for a period of at least six (6) months during which time we will review the Data, and all
traffic associated with the Data, for signs of malware or other similar issues. If no issues are
detected through such reviews during the six (6) month period of quarantine, we will coordinate
with you the restoration of your Data to a non-quarantined environment. In the event your Data
must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve
the right to require payment of additional fees for the extended duration of quarantine. We will
provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services
hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact
information so that we may timely obtain such license.
20. Governing Law and Venue. This Agreement will be governed by and construed in accordance with
the laws of your state of domicile, without regard to its rules on conflicts of law. Venue for any
actions arising out of this Agreement shall be in the courts of competnent jurisdiction in San Luis
Obispo County, State of California. Tyler reserves the right to seek removal of the litigation to the
US Federal Court serving San Luis Obispo County, California.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple
originals, any of which will be independently treated as an original document. Any electronic, faxed,
scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment
hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that
party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve
the right to negotiate and customize the terms and conditions set forth herein, including but not
limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights
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data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights
data platform is subject to the Data & Insights SaaS Services Terms of Service, available at
https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler
Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the
linked terms, you certify that you have reviewed, understand, and agree to said terms.
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24. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Schedule 1: Migration Modules
Schedule 2: Tyler Sales Quote
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Schedule 1: Hyperlinked Terms
Schedule 2: DocOrigin Terms
Exhibit E Statement of Work
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as
of the date(s) set forth below.
Tyler Technologies, Inc. City of Arroyo Grande
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Arroyo Grande
One Tyler Drive 300 E. Branch St.
Yarmouth, ME 04096 Arroyo Grande, California 93420
Attention: Chief Legal Officer Attention: Administrative Services Director
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Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under
the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration
date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not
otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of
conflict between the Agreement and terms in the Comments section of this Investment Summary, the
language in the Agreement will prevail.
Tyler sales quotation inserted on the following pages.
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Exhibit A
Schedule 1
1
Exhibit A
Schedule 1
Migration Modules
Accounts Receivable Support
Budget Preparation Support
Cash Register Interface Support
Data Dictionaries Support
Fixed Assets Support
GL/AP Support
Handhelds Support
Payroll Support
Position Budgeting Support
Purchasing Support
Utility Billing Support
Executime time and attendance
Executime time and attendance mobile access
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Exhibit A
Schedule 2
1
Exhibit A
Schedule 2
Tyles Sales Quote
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Exhibit A
Schedule 2
2
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Exhibit A
Schedule 2
3
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Exhibit A
Schedule 2
4
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Exhibit A
Schedule 2
5
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Exhibit A
Schedule 2
6
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Exhibit A
Schedule 2
7
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Exhibit A
Schedule 2
8
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Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the
Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in
the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as
set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the
initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial
term are set forth in the Investment Summary. Upon expiration of the initial term, your annual
SaaS fees will be at our then-current rates. Notwithstanding anything to the contrary herein,
SaaS Fees shall not be increased by more than three percent (3%) per year in years four (4) and
five (5). Beginning on the commencement of the initial term, Client shall no longer be required
to pay annual support fees for the Migration Modules.
2. Other Tyler Software and Services.
2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN.
2.2 Implementation and Other Professional Services (including training): Implementation and
other professional services (including training) are billed and invoiced as delivered, at the
rates set forth in the Investment Summary.
2.3 Consulting Services: If you have purchased any Business Process Consulting services, if they
have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of
the best practice recommendations, by module, and 50% upon your acceptance of custom
desktop procedures, by module. If you have purchased any Business Process Consulting
services and they are quoted as an estimate, then we will bill you the actual services
delivered on a time and materials basis.
2.4 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted
Data, by conversion option, and 50% upon Client acceptance to load the converted Data into
Live/Production environment, by conversion option. Where conversions are quoted as
estimated, we will bill you the actual services delivered on a time and materials basis.
2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler
Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the
applicable modification. You must report any failure of the modification to conform to the
specifications within thirty (30) days of delivery; otherwise, the modification will be deemed
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to be in compliance with the specifications after the 30-day window has passed. You may
still report Defects to us as set forth in this Agreement.
2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates
set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning
Services” are provided, payment will be due upon delivery of the Implementation Planning
document.
2.7 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due
annually, in advance, commencing on the availability of the service. Your annual fees for the
initial term are set forth in the Investment Summary. Upon expiration of the initial term,
your annual fees will be at our then-current ratesNotwithstanding anything to the contrary
herein, SaaS Fees shall not be increased by more than three percent (3%) per year in years
four (4) and five (5).
3. Third Party Products.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced
when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software
is invoiced when we make it available to you for downloading.
3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along
with applicable expenses, at the rates set forth in the Investment Summary.
3.5 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance,
commencing with availability of the respective Third Party SaaS Services. Pricing for the first
year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for
subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction
(call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in Exhibit A and
may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our
then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current
Business Travel Policy is attached to this Exhibit B as Schedule 1. We will provide you with PDF
copies of non-per diem expense receipts on your written request at no additional charge.
Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.
6. Credit for Prepaid Maintenance and Support Fees for Migration Modules. Client will receive a
credit for the maintenance and support fees prepaid for the Migration Modules for the time
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period commencing on the first day of the initial term, as set forth in Section F (1) of this
Agreement. Migration Modules are listed at Exhibit A, Schedule 1.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We
prefer to receive payments electronically. Our electronic payment information is available by contacting
AR@tylertech.com.
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Schedule 1
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Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight
within two hours before or after the requested departure time, assuming that flight does not add
more than three hours to the employee’s total trip duration and the fare is within $100 (each way)
of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a
connecting flight that is within two hours before or after the requested departure time and that
does not add more than three hours to the employee’s total trip duration, the connecting flight
should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least
two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is
mandatory. When booking less than seven (7) days in advance, management approval will be
required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more
consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall
not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have
many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
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2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the
current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated
by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience,
and the specific situation reasonably require their use. When renting a car for Tyler business,
employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when
three or more employees are traveling together. Tyler carries leased vehicle coverage for business
car rentals; except for employees traveling to Alaska and internationally (excluding Canada),
additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and
from airports when less expensive means of transportation are unavailable or impractical. The
actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the
airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in
days as opposed to hours. Park and fly options located near some airports may also be used. For
extended trips that would result in excessive parking charges, public transportation to/from the
airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently
located in relation to the traveler's work assignment. Typical hotel chains include Courtyard,
Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local
hotel, the hotel reservation should note that discount and the employee should confirm the lower
rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be
noted in their travel profiles so that the employee can take advantage of any lower club rates.
“No shows” or cancellation fees are not reimbursable if the employee does not comply with the
hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed
separately.
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Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO,
and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in
accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel
expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided
separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a
trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch
Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem
as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim
lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the
event they return home after 7:00 p.m.*
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Exhibit B
Schedule 1
4
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high
speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If
an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for
internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be
reserved through TMC using the “lowest practical coach fare” with the exception of flights that are
six (6) or more consecutive hours in length. In such event, the next available seating class above
coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees,
application fees, and execution fees when obtaining a new passport book, but fees related to
passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure
taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the
U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
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Exhibit C
1
Exhibit C
Service Level Agreement
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It
outlines the information technology service levels that we will provide to you to ensure the availability of
the application services that you have requested us to provide. This SLA does not apply to any Third Party
SaaS Services. All other support services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the
Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar quarter,
calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or
the acts or omissions of any of your service users or third-party providers over whom we exercise no
control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch,
login, search or save primary data in the Tyler Software. Downtime does not include those instances in
which only a Defect is present.
Emergency Maintenance: (1) maintenance that is required to patch a critical security vulnerability; (2)
maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance
that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar quarter that the Tyler Software is capable
of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents,
denial of service attacks and Force Majeure.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard
Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined
in the Support Call Process. You will receive a support case number.
b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work
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2
with you to identify the cause of the Downtime (including whether it may be the result of Planned
Downtime, a Client Error Incident, Denial of Service attack or Force Majeure). We will also work with you
to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief
Schedule found below. Your relief credit is calculated as a percentage of the SaaS fees paid for the
calendar quarter.
In order to receive relief credits, you must submit a request through one of the channels listed in our
Support Call Process within fifteen days (15) of the end of the applicable quarter. We will respond to your
relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such
credit does not relieve us of our obligations under the Agreement to correct the problem which created
the service interruption.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 99.50% Remedial action will be taken
99.49% - 98.50% 2%
98.49% - 97.50% 4%
97.49% - 96.50% 6%
96.49% - 95.50% 8%
Below 95.50% 10%
* Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably
low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will
provide advance written notice of those windows and will coordinate to the greatest extent possible
with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that
activities during a Standard or Emergency Maintenance window may make the Tyler Software
unavailable, we will provide advance written notice, as reasonably practicable that the Tyler Software
will be unavailable during the maintenance window.
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Exhibit C
Schedule 1
1
Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create
support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most “how-to” and configuration-
based questions through a simplified search interface with machine learning, potentially
eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support
group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software
support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support
experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other
information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources
simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to
collaborate with one another, share best practices and resources, and access documentation.
(4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday –
Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is
outlined below. There will be no support coverage on these days.
New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting
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Schedule 1
2
support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of
such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets
set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of
each month to assist your IT staff with applying patches and release upgrades, as well as consulting with
them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a
unique case number. This system tracks the history of each incident. The case number is used to track
and reference open issues when clients contact support. Clients may track incidents, using the case
number, through Tyler’s Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client
will reasonably set the priority of the incident per the chart below. This chart is not intended to address
every type of support incident, and certain “characteristics” may or may not apply depending on
whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is
to help guide the Client towards clearly understanding and communicating the importance of the issue
and to describe generally expected response and resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the Client have successfully validated
the reported Defect/support incident.
Priority
Level Characteristics of Support Incident Resolution Targets*
1
Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level
1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non-hosted customers, Tyler’s responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
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Schedule 1
3
Priority
Level Characteristics of Support Incident Resolution Targets*
2
High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level
2 incidents within four (4) business hours of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s
responsibility for loss or corrupted data is limited to
assisting the Client in restoring its last available
database.
3
Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level
3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall
occur at least quarterly. For non-hosted customers,
Tyler’s responsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
4
Non-
critical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level
4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*Response and Resolution Targets may differ by product or business need
Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has
elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each
product support team. The corresponding resource will meet with you and any Tyler staff to establish a
mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose
a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote
support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and
view the site’s setup, diagnose problems, or assist with screen navigation. More information about the
remote support tool Tyler uses is available upon request.
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Exhibit D
1
Exhibit D
Third Party Terms
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Exhibit D
Schedule 1
1
Exhibit D
Schedule 1
Hyperlinked Terms
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License
Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found
here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or
accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood,
and agree to such terms.
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Schedule 2
1
Exhibit D
Schedule 2
DocOrigin Terms
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Schedule 2
2
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Schedule 2
3
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Schedule 2
4
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Schedule 2
5
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Schedule 2
6
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Exhibit E
Statement of Work
Statement of Work inserted on the following pages.
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Arroyo Grande, CA
SOW from Tyler Technologies, Inc.
1/17/2023
Presented to:
PO Box 550
Arroyo Grande, CA 93421-0550
Contact:
Richard Boven
Email: richard.boven@tylertech.com
One Tyler Drive, Yarmouth, ME 04096
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Table of Contents
PART 1: EXECUTIVE SUMMARY ............................................................................................................... 1
Project Overview ............................................................................................................................. 1
Introduction ........................................................................................................................................ 1
Project Goals ....................................................................................................................................... 1
Methodology ....................................................................................................................................... 1
PART 2: PROJECT FOUNDATION ............................................................................................................. 3
Project Governance ......................................................................................................................... 3
Project Scope Control ...................................................................................................................... 4
Managing Scope and Project Change ................................................................................................. 4
Change Control ................................................................................................................................... 4
Change Request Management ............................................................................................................ 4
Acceptance Process ......................................................................................................................... 6
Roles and Responsibilities ................................................................................................................ 6
Tyler Roles & Responsibilities ............................................................................................................. 6
Tyler Executive Manager ............................................................................................................. 7
Tyler Implementation Manager .................................................................................................. 7
Tyler Project Manager ................................................................................................................. 7
Tyler Implementation Consultant ............................................................................................... 8
Tyler Sales ................................................................................................................................... 8
Tyler Technical Services .............................................................................................................. 8
City Roles & Responsibilities ............................................................................................................... 9
City Executive Sponsor ................................................................................................................ 9
City Steering Committee ............................................................................................................. 9
City Project Manager .................................................................................................................. 9
City Functional Leads ................................................................................................................ 11
City Power Users ....................................................................................................................... 11
City End Users ........................................................................................................................... 12
City Technical Lead .................................................................................................................... 12
City Change Management Lead ................................................................................................ 13
PART 3: PROJECT PLAN ........................................................................................................................... 14
Project Stages ................................................................................................................................. 14
Initiate and Plan ................................................................................................................................ 15
Initial Coordination ................................................................................................................... 15
Project/Phase Planning ............................................................................................................. 16
Infrastructure Planning ............................................................................................................. 17
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Stakeholder Meeting ................................................................................................................. 18
GIS Preparation ......................................................................................................................... 19
Control Point 1: Initiate & Plan Stage Acceptance .................................................................... 20
Assess & Define ................................................................................................................................. 20
Solution Orientation.................................................................................................................. 20
Current & Future State Analysis ................................................................................................ 21
Data Assessment ....................................................................................................................... 22
Conversion Assessment ............................................................................................................ 23
Intentionally left blank. ............................................................................................................. 25
Intentionally left blank. ............................................................................................................. 25
Control Point 2: Assess & Define Stage Acceptance ................................................................. 25
Prepare Solution ............................................................................................................................... 25
Initial System Deployment ........................................................................................................ 25
Configuration ............................................................................................................................ 26
Process Refinement .................................................................................................................. 27
Conversion Delivery .................................................................................................................. 29
Intentionally left blank. ............................................................................................................. 30
Intentionally left blank. ............................................................................................................. 30
Control Point 3: Prepare Solution Stage Acceptance ................................................................ 30
Production Readiness ....................................................................................................................... 31
Solution Validation .................................................................................................................... 31
Go-Live Readiness ..................................................................................................................... 32
End User Training ...................................................................................................................... 33
Control Point 4: Production Readiness Stage Acceptance ........................................................ 34
Production ......................................................................................................................................... 34
Go-Live ...................................................................................................................................... 34
Transition to Client Services ...................................................................................................... 36
Post Go-Live Activities ............................................................................................................... 37
Control Point 5: Production Stage Acceptance ......................................................................... 37
Close .................................................................................................................................................. 38
Phase Closeout .......................................................................................................................... 38
Project Closeout ........................................................................................................................ 39
Control Point 6: Close Stage Acceptance .................................................................................. 40
General Assumptions ...................................................................................................................... 40
Project ............................................................................................................................................... 40
Organizational Change Management ............................................................................................... 41
Resources and Scheduling ................................................................................................................ 41
Data ................................................................................................................................................... 41
Facilities............................................................................................................................................. 42
Glossary ......................................................................................................................................... 43
PART 4: APPENDICES ............................................................................................................................... 46
Conversion ..................................................................................................................................... 46
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Enterprise ERP Conversion Summary ............................................................................................... 46
Accounting COA ........................................................................................................................ 46
Accounting - Budgets ................................................................................................................ 46
Accounting - Actuals.................................................................................................................. 46
Accounts Payable Master .......................................................................................................... 46
Accounts Payable - Checks ........................................................................................................ 46
Accounts Payable - Invoices ...................................................................................................... 46
Business License Master ........................................................................................................... 46
Business License - Bills .............................................................................................................. 46
Capital Assets Master ................................................................................................................ 47
General Billing CID ..................................................................................................................... 47
General Billing – Recurring Invoices .......................................................................................... 47
General Billing – Bills ................................................................................................................. 47
Inventory – Commodity Codes.................................................................................................. 47
Purchase Orders ........................................................................................................................ 47
Utility Billing .............................................................................................................................. 47
Utility Billing –Backflow............................................................................................................. 47
Utility Billing –Balance Forward AR ........................................................................................... 47
Utility Billing –Budget Billing ..................................................................................................... 48
Utility Billing –Consumption History ......................................................................................... 48
Utility Billing –Flat Inventory/Containers .................................................................................. 48
Utility Billing –Assessments ...................................................................................................... 48
Utility Billing –Services .............................................................................................................. 48
Utility Billing – Work Orders ..................................................................................................... 48
Payroll ....................................................................................................................................... 48
Payroll – Certifications .............................................................................................................. 48
Payroll – Education ................................................................................................................... 49
Payroll – PM Action History ...................................................................................................... 49
Payroll – Recruiting ................................................................................................................... 49
Payroll – Position Control .......................................................................................................... 49
Payroll – Accrual Balances......................................................................................................... 49
Payroll – Accumulators ............................................................................................................. 49
Payroll – Check History ............................................................................................................. 49
Payroll - Deductions .................................................................................................................. 49
Payroll – Earning/Deduction Hist. ............................................................................................. 49
Payroll – State Retirement Tables ............................................................................................. 49
Additional Appendices ................................................................................................................ 51
Intentionally left blank. ..................................................................................................................... 51
Project Timeline ........................................................................................................................... 1
ERP Project Timeline ........................................................................................................................... 1
Intentionally left blank. ....................................................................................................................... 1
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Part 1: Executive Summary
Project Overview
Introduction
Tyler Technologies (“Tyler”) is the largest and most established provider of integrated software and
technology services focused solely on the public sector. Tyler’s end-to-end solutions empower public sector
entities including local, state, provincial and federal government, to operate more efficiently and connect
more transparently with their constituents and with each other. By connecting data and processes across
disparate systems, Tyler’s solutions transform how clients gain actionable insights that solve problems in their
communities.
Project Goals
This Statement of Work (“SOW”) documents the methodology, implementation stages, activities, and roles
and responsibilities, and project scope listed in the Investment Summary of the Agreement between Tyler
and the City (collectively the “Project”).
The overall goals of the project are to:
Successfully implement the contracted scope on time and on budget
Increase operational efficiencies and empower users to be more productive
Improve accessibility and responsiveness to external and internal customer needs
Overcome current challenges and meet future goals
Methodology
This is accomplished by the City and Tyler working as a partnership and Tyler utilizing its depth of
implementation experience. While each Project is unique, all will follow Tyler’s six-stage methodology. Each
of the six stages is comprised of multiple work packages, and each work package includes a narrative
description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix.
Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance
Control Points throughout each Phase to ensure adherence to scope, budget, timeline controls, effective
communications, and quality standards. Clearly defined, the project methodology repeats consistently across
Phases, and is scaled to meet the City’s complexity and organizational needs.
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The methodology adapts to both single-phase and multiple-phase projects.
To achieve Project success, it is imperative that both the City and Tyler commit to including the necessary
leadership and governance. During each stage of the Project, it is expected that the City and Tyler Project
teams work collaboratively to complete tasks. An underlying principle of Tyler’s Implementation process is to
employ an iterative model where the City’s business processes are assessed, configured, validated, and
refined cyclically in line with the project budget. This approach is used in multiple stages and work packages
as illustrated in the graphic below.
The delivery approach is systematic, which reduces variability and mitigates risks to ensure Project success. As
illustrated, some stages, along with work packages and tasks, are intended to be overlapping by nature to
complete the Project efficiently and effectively.
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Part 2: Project Foundation
Project Governance
Project governance is the management framework within which Project decisions are made. The role of
Project governance is to provide a decision-making approach that is logical, robust, and repeatable. This
allows organizations to have a structured approach for conducting its daily business in addition to project
related activities.
This section outlines the resources required to meet the business needs, objectives, and priorities for the
Project, communicate the goals to other Project participants, and provide support and guidance to
accomplish these goals. Project governance defines the structure for escalation of issues and risks, Change
Control review and authority, and Organizational Change Management activities. Throughout the Statement
of Work Tyler has provided RACI Matrices for activities to be completed throughout the implementation
which will further outline responsibilities of different roles in each stage. Further refinement of the
governance structure, related processes, and specific roles and responsibilities occurs during the Initiate &
Plan Stage.
The chart below illustrates an overall team perspective where Tyler and the City collaborate to resolve Project
challenges according to defined escalation paths. If project managers do not possess authority to determine a
solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City Steering
Committee become the escalation points to triage responses prior to escalation to the City and Tyler
executive sponsors. As part of the escalation process, each Project governance tier presents
recommendations and supporting information to facilitate knowledge transfer and issue resolution. The City
and Tyler executive sponsors serve as the final escalation point.
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Project Scope Control
Managing Scope and Project Change
Project Management governance principles contend that there are three connected constraints on a Project:
budget, timeline, and scope. These constraints, known as the “triple constraints” or project management
triangle, define budget in terms of financial cost, labor costs, and other resource costs. Scope is defined as the
work performed to deliver a product, service or result with the specified features and functions, while time is
simply defined as the schedule. The Triple Constraint theory states that if you change one side of the triangle,
the other two sides must be correspondingly adjusted. For example, if the scope of the Project is increased,
cost and time to complete will also need to increase. The Project and executive teams will need to remain
cognizant of these constraints when making impactful decisions to the Project. A simple illustration of this
triangle is included here, showing the connection of each item and their relational impact to the overall
Scope.
A pillar of any successful project is the ability to properly manage scope while allowing the appropriate level
of flexibility to incorporate approved changes. Scope and changes within the project will be managed using
the change control process outlined in the following section.
Change Control
It may become necessary to change the scope of this Project due to unforeseeable circumstances (e.g., new
constraints or opportunities are discovered). This Project is being undertaken with the understanding that
Project scope, schedule, and/or cost may need to change to produce optimal results for stakeholders.
Changes to contractual requirements will follow the change control process specified in the final contract,
and as described below.
Change Request Management
Should the need for a change to Project scope, schedule, and/or cost be identified during the Project, the
change will be brought to the attention of the Steering Committee and an assessment of the change will
occur. While such changes may result in additional costs and delays relative to the schedule, some changes
may result in less cost to the City; for example, the City may decide it no longer needs a deliverable originally
defined in the Project. The Change Request will include the following information:
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The nature of the change.
A good faith estimate of the additional cost or associated savings to the City, if any.
The timetable for implementing the change.
The effect on and/or risk to the schedule, resource needs or resource responsibilities.
The City will use its good faith efforts to either approve or disapprove any Change Request within ten (10)
Business Days (or other period as mutually agreeable between Tyler and the City). Any changes to the Project
scope, budget, or timeline must be documented and approved in writing using a Change Request form. These
changes constitute a formal amendment to the Statement of Work and will supersede any conflicting term in
the Statement of Work.
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Acceptance Process
The implementation of a Project involves many decisions to be made throughout its lifecycle. Decisions will
vary from higher level strategy decisions to smaller, detailed Project level decisions. It is critical to the success
of the Project that each City office or department designates specific individuals for making decisions on
behalf of their offices or departments.
Both Tyler and the City will identify representative project managers. These individuals will represent the
interests of all stakeholders and serve as the primary contacts between the two organizations.
The coordination of gaining City feedback and approval on Project deliverables will be critical to the success of
the Project. The City project manager will strive to gain deliverable and decision approvals from all authorized
City representatives. Given that the designated decision-maker for each department may not always be
available, there must be a designated proxy for each decision point in the Project. Assignment of each proxy
will be the responsibility of the leadership from each City department. The proxies will be named individuals
that have the authorization to make decisions on behalf of their department.
The following process will be used for accepting Deliverables and Control Points:
The City shall have five (5) business days from the date of delivery, or as otherwise mutually agreed
upon by the parties in writing, to accept each Deliverable or Control Point. If the City does not
provide acceptance or acknowledgement within five (5) business days, or the otherwise agreed upon
timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as
accepted.
If the City does not agree the Deliverable or Control Point meets requirements, the City shall notify
Tyler project manager(s), in writing, with reasoning within five (5) business days, or the otherwise
agreed-upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable.
Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The City shall then
have two (2) business days from receipt of the redelivered Deliverable or Control Point to accept or
again submit written notification of reasons for rejecting the milestone. If the City does not provide
acceptance within two (2) business days, or the otherwise agreed upon timeframe, not to be
unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for the City and Tyler. Roles and
responsibilities may not follow the organizational chart or position descriptions at the City, but are roles
defined within the Project. It is common for individual resources on both the Tyler and City project teams to
fill multiple roles. Similarly, it is common for some roles to be filled by multiple people.
Tyler Roles & Responsibilities
Tyler assigns a project manager prior to the start of each Phase of the Project (some Projects may only be one
Phase in duration). Additional Tyler resources are assigned as the schedule develops and as needs arise.
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Tyler Executive Manager
Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation
process. This team member offers additional support to the Project team and collaborates with other Tyler
department managers as needed to escalate and facilitate implementation Project tasks and decisions.
Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying
the City ’s overall organizational strategy.
Authorizes required Project resources.
Resolves all decisions and/or issues not resolved at the implementation management level as part of
the escalation process.
Acts as the counterpart to the City ’s executive sponsor.
Tyler Implementation Manager
Tyler implementation management has indirect involvement with the Project and is part of the Tyler
escalation process. The Tyler project managers consult implementation management on issues and
outstanding decisions critical to the Project. Implementation management works toward a solution
with the Tyler Project Manager or with City management as appropriate. Tyler executive
management is the escalation point for any issues not resolved at this level.
Assigns Tyler Project personnel.
Provides support for the Project team.
Provides management support for the Project to ensure it is staffed appropriately and staff have
necessary resources.
Monitors Project progress including progress towards agreed upon goals and objectives.
Tyler Project Manager
The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources
between departments, management of the Project budget and schedule, effective risk, and issue
management, and is the primary point of contact for all Project related items. As requested by the
City, the Tyler Project Manager provides regular updates to the City Steering Committee and other
Tyler governance members. Tyler Project Manager’s role includes responsibilities in the following
areas:
Contract Management
Validates contract compliance throughout the Project.
Ensures Deliverables meet contract requirements.
Acts as primary point of contact for all contract and invoicing questions.
Prepares and presents contract milestone sign-offs for acceptance by the City project manager(s).
Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance.
Planning
Delivers project planning documents.
Defines Project tasks and resource requirements.
Develops initial Project schedule and Project Management Plan.
Collaborates with the City project manager(s) to plan and schedule Project timelines to achieve on-
time implementation.
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Implementation Management
Tightly manages Scope and budget of Project to ensure Scope changes and budget planned versus
actual are transparent and handled effectively and efficiently.
Establishes and manages a schedule and Tyler resources that properly support the Project Schedule
and are also in balance with Scope/budget.
Establishes risk/issue tracking/reporting process between the City and Tyler and takes all necessary
steps to proactively mitigate these items or communicate with transparency to the City any items
that may impact the outcomes of the Project.
Collaborates with the City ’s project manager(s) to establish key business drivers and success
indicators that will help to govern Project activities and key decisions to ensure a quality outcome of
the project.
Collaborates with the City ’s project manager(s) to set a routine communication plan that will aide all
Project team members, of both the City and Tyler, in understanding the goals, objectives, status, and
health of the Project.
Resource Management
Acts as liaison between Project team and Tyler manager(s).
Identifies and coordinates all Tyler resources across all applications, Phases, and activities including
development, forms, installation, reports, implementation, and billing.
Provides direction and support to Project team.
Manages the appropriate assignment and timely completion of tasks as defined in the Project
Schedule, task list, and Go-Live Checklist.
Assesses team performance and adjusts as necessary.
Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks.
Tyler Implementation Consultant
Completes tasks as assigned by the Tyler project manager(s).
Documents activities for services performed by Tyler.
Guides the City through software validation process following configuration.
Assists during Go-Live process and provides support until the City transitions to Client Services.
Facilitates training sessions and discussions with the City and Tyler staff to ensure adequate
discussion of the appropriate agenda topics during the allotted time.
May provide conversion review and error resolution assistance.
Tyler Sales
Supports Sales to Implementation knowledge transfer during Initiate & Plan.
Provides historical information, as needed, throughout implementation.
Participates in pricing activities if additional licensing and/or services are needed.
Tyler Technical Services
Maintains Tyler infrastructure requirements and design document(s).
Involved in system infrastructure planning/review(s).
Provides first installation of licensed software with initial database on servers.
Supports and assists the project team with technical/environmental issues/needs.
Deploys Tyler products.
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Conducts GIS Planning.
Reviews GIS data and provides feedback to the City.
Loads City provided GIS data into the system.
City Roles & Responsibilities
City resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to
multiple Project roles.
City Executive Sponsor
The City executive sponsor provides support to the Project by providing strategic direction and
communicating key issues about the Project and its overall importance to the organization. When called
upon, the executive sponsor also acts as the final authority on all escalated Project issues. The executive
sponsor engages in the Project, as needed, to provide necessary support, oversight, guidance, and escalation,
but does not participate in day-to-day Project activities. The executive sponsor empowers the City steering
committee, project manager(s), and functional leads to make critical business decisions for the City.
Champions the project at the executive level to secure buy-in.
Authorizes required project resources.
Actively participates in organizational change communications.
City Steering Committee
The City steering committee understands and supports the cultural change necessary for the Project and
fosters an appreciation for the Project’s value throughout the organization. The steering committee oversees
the City project manager and Project through participation in regular internal meetings. The City steering
committee remains updated on all Project progress, Project decisions, and achievement of Project
milestones. The City steering committee also serves as primary level of issue resolution for the Project.
Works to resolve all decisions and/or issues not resolved at the project manager level as part of the
escalation process.
Attends all scheduled steering committee meetings.
Provides support for the project team.
Assists with communicating key project messages throughout the organization.
Prioritizes the project within the organization.
Ensures the project staffed appropriately and that staff have necessary resources.
Monitors project progress including progress towards agreed upon goals and objectives.
Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
o Schedule
o Project Goals
o City Policies
o Needs of other client projects
City Project Manager
The City shall assign project manager(s) prior to the start of this project with overall responsibility and
authority to make decisions related to Project Scope, scheduling, and task assignment. The City Project
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Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and
efficient manner. When the City project manager(s) do not have the knowledge or authority to make
decisions, he or she engages the necessary resources to participate in discussions and make decisions in a
timely fashion to avoid Project delays. The City project manager(s) are responsible for reporting to the City
steering committee and determining appropriate escalation points.
Contract Management
Validates contract compliance throughout the project.
Ensures that invoicing and Deliverables meet contract requirements.
Acts as primary point of contact for all contract and invoicing questions. Collaborates on and
approves Change Requests, if needed, to ensure proper scope and budgetary compliance.
Planning
Reviews and accepts project planning documents.
Defines project tasks and resource requirements for the City project team.
Collaborates in the development and approval of the project schedule.
Collaborates with Tyler project manager(s) to plan and schedule project timelines to achieve on-time
implementation.
Implementation Management
Tightly manages project budget and scope.
Collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure that
scope changes and budget (planned versus actual) are transparent and handled effectively and
efficiently.
Collaborates with Tyler project manager to establish and manage a schedule and resource plan that
properly supports the project schedule as a whole and is also in balance with scope and budget.
Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting process
between the City and Tyler and takes all necessary steps to proactively mitigate these items or
communicate with transparency to Tyler any items that may impact the outcomes of the project.
Collaborates with Tyler project manager(s) to establish key business drivers and success indicators
that will help to govern project activities and key decisions to ensure a quality outcome of the project.
Routinely communicates with both the City staff and Tyler, aiding in the understanding of goals,
objectives, current status, and health of the project by all team members.
Manages the requirements gathering process and ensure timely and quality business requirements
are being provided to Tyler.
Resource Management
Acts as liaison between project team and stakeholders.
Identifies and coordinates all City resources across all modules, phases, and activities including data
conversions, forms design, hardware and software installation, reports building, and satisfying
invoices.
Provides direction and support to project team.
Builds partnerships among the various stakeholders, negotiating authority to move the project
forward.
Manages the appropriate assignment and timely completion of tasks as defined.
Assesses team performance and takes corrective action, if needed.
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Provides guidance to City technical teams to ensure appropriate response and collaboration with
Tyler Technical Support Teams to ensure timely response and appropriate resolution.
Owns the relationship with in-Scope 3rd party providers and aligns activities with ongoing project
tasks.
Ensures that users have appropriate access to Tyler project toolsets as required.
Conducts training on proper use of toolsets.
Validates completion of required assignments using toolsets.
City Functional Leads
Makes business process change decisions under time sensitive conditions.
Communicates existing business processes and procedures to Tyler consultants.
Assists in identifying business process changes that may require escalation.
Contributes business process expertise for Current & Future State Analysis.
Identifies and includes additional subject matter experts to participate in Current & Future State
Analysis.
Validates that necessary skills have been retained by end users.
Provides End Users with dedicated time to complete required homework tasks.
Acts as an ambassador/champion of change for the new process and provide business process
change support.
Identifies and communicates any additional training needs or scheduling conflicts to the City project
manager.
Actively participates in all aspects of the implementation, including, but not limited to, the following
key activities:
o Task completion
o Stakeholder Meeting
o Project Management Plan development
o Schedule development
o Maintenance and monitoring of risk register
o Escalation of issues
o Communication with Tyler project team
o Coordination of City resources
o Attendance at scheduled sessions
o Change management activities
o Modification specification, demonstrations, testing and approval assistance
o Data analysis assistance
o Decentralized end user training
o Process testing
o Solution Validation
City Power Users
Participate in project activities as required by the project team and project manager(s).
Provide subject matter expertise on the City business processes and requirements.
Act as subject matter experts and attend Current & Future State Analysis sessions as needed.
Attend all scheduled training sessions.
Participate in all required post-training processes as needed throughout project.
Test all application configuration to ensure it satisfies business process requirements.
Become application experts.
Participate in Solution Validation.
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Adopt and support changed procedures.
Complete all deliverables by the due dates defined in the project schedule.
Demonstrate competency with Tyler products processing prior to Go-live.
Provide knowledge transfer to the City staff during and after implementation.
Participate in conversion review and validation.
City End Users
Attend all scheduled training sessions.
Become proficient in application functions related to job duties.
Adopt and utilize changed procedures.
Complete all deliverables by the due dates defined in the project schedule.
Utilize software to perform job functions at and beyond Go-live.
City Technical Lead
Coordinates updates and releases with Tyler as needed.
Coordinates the copying of source databases to training/testing databases as needed for training
days.
Coordinates and adds new users, printers and other peripherals as needed.
Validates that all users understand log-on process and have necessary permission for all training
sessions.
Coordinates interface development for City third party interfaces.
Develops or assists in creating reports as needed.
Ensures on-site system meets specifications provided by Tyler.
Assists with software installation as needed.
Extracts and transmits conversion data and control reports from the City’s legacy system per the
conversion schedule set forth in the project schedule.
City GIS
Participates in GIS planning activities.
Responsible for management and maintenance of City GIS infrastructure and data.
Ensures GIS data/service endpoints are in alignment with Tyler software requirements.
Provides Tyler implementation team with GIS data/service access information.
City Upgrade Coordination
Becomes familiar with the software upgrade process and required steps.
Becomes familiar with Tyler’s releases and updates.
Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest
helpful tools to manage the City’s software upgrade process.
Assists with the software upgrade process during implementation.
Manages software upgrade activities post-implementation.
Manages software upgrade plan activities.
Coordinates software upgrade plan activities with City and Tyler resources.
Communicates changes affecting users and department stakeholders.
Obtains department stakeholder acceptance to upgrade production environment.
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City Change Management Lead
Validates that users receive timely and thorough communication regarding process changes.
Provides coaching to supervisors to prepare them to support users through the project changes.
Identifies the impact areas resulting from project activities and develops a plan to address them
proactively.
Identifies areas of resistance and develops a plan to reinforce the change.
Monitors post-production performance and new process adherence.
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Part 3: Project Plan
Project Stages
Work Breakdown Structure
The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into
smaller, more manageable components. The top-level components are called “Stages” and the second level
components are called “Work Packages”. The work packages, shown below each stage, contain the high-level
work to be done. The detailed Project Schedule, developed during Project/Phase Planning and finalized during
subsequent stages, lists the tasks to be completed within each work package. Each stage ends with a “Control
Point”, confirming the work performed during that stage of the Project has been accepted by the City.
*Items noted with an asterisk in the graphic above relate to specific products and services. If those products and services are not included in the scope of
the contract, these specific work packages will be noted as “Intentionally Left Blank” in Section 6 of the Statement of Work.
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Initiate and Plan
The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a
foundation for the Project by identifying and establishing sequence and timing for each Phase as well as
verifying scope for the Project. This stage will be conducted at the onset of the Project, with a few unique
items being repeated for the additional Phases as needed.
Initial Coordination
Prior to Project commencement, Tyler management assigns project manager(s). Additional Project resources
will be assigned later in the Project as a Project schedule is developed. Tyler provides the City with initial
Project documents used to gather names of key personnel, their functional role as it pertains to the Project,
as well as any blackout dates to consider for future planning. the City gathers the information requested by
the provided deadline ensuring preliminary planning and scheduling can be conducted moving the Project
forward in a timely fashion. Internally, the Tyler Project Manager(s) coordinate with sales to ensure transfer
of vital information from the sales process prior to scheduling a Project Planning Meeting with the City’s
team. During this step, Tyler will work with the City to establish the date(s) for the Project and Phase Planning
session.
Objectives:
Formally launch the project.
Establish project governance.
Define and communicate governance for Tyler.
Identify City project team.
STAGE 1 Initial Coordination
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Tyler project team is assigned A R C I I I I I I
City project team is assigned A I R I I I
Provide initial project
documents to the City A R C C I I
Gather preliminary information
requested I A R C C C C
Sales to implementation
knowledge transfer A R I I I I I
Create Project Portal to store
project artifacts and facilitate
communication
A R I
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Inputs Contract documents
Statement of Work
Outputs/Deliverables Working initial project documents
Project portal
Work package assumptions:
Project activities begin after the agreement has been fully executed.
Project/Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions and
services purchased, identify applications to implement in each Phase (if applicable), and discuss
implementation timeframes.
During this work package Tyler will work with the City to coordinate and plan a formal Project planning
meeting(s). This meeting signifies the start of the Project and should be attended by all City Project team
members and the Tyler Project Manager. The meeting provides an opportunity for Tyler to introduce its
implementation methodology, terminology, and Project management best practices to the City’s Project
Team. This will also present an opportunity for project managers and Project sponsors to begin to discuss
Project communication, metrics, status reporting and tools to be used to measure Project progress and
manage change.
Tyler will work with the City Project Team to prepare and deliver the Project Management Plan as an output
of the planning meeting. This plan will continue to evolve and grow as the Project progresses and will
describe how the project will be executed, monitored, and controlled.
During project planning, Tyler will introduce the tools that will be used throughout the implementation. Tyler
will familiarize the City with these tools during project planning and make them available for review and
maintenance as applicable throughout the project. Some examples are Solution validation plan, issue log, and
go-live checklist.
STAGE 1 Project/Phase Planning
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Schedule and
conduct planning
session(s)
A R I C C I
Develop Project
Management Plan A R I C C I
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Develop initial
project schedule A R I I I I I I C C I I C I
Inputs Contract documents
Statement of Work
Guide to Starting Your Project
Outputs / Deliverables Acceptance Criteria [only] for Deliverables
Project Management Plan Delivery of document
Project Operational Plan Delivery of document
Initial Project Schedule City provides acceptance of schedule based
on resource availability, project budget, and
goals.
Work package assumptions:
City has reviewed and completed the Guide to Starting Your Project document.
Infrastructure Planning
Procuring required hardware and setting it up properly is a critical part of a successful implementation. This
task is especially important for Tyler-hosted/SaaS deployment models. Tyler will be responsible for building
the environments for a hosted/SaaS deployment, unless otherwise identified in the Agreement. Tyler will
install Licensed Software on application server(s) or train the City to install License Software. The City is
responsible for the installation and setup of all peripheral devices.
Objectives:
Ensure the City’s infrastructure meets Tyler’s application requirements.
Ensure the City’s infrastructure is scheduled to be in place and available for use on time.
STAGE 1 Infrastructure Planning
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide Infrastructure
Requirements and Design
Document
A R C C I I
Initial Infrastructure
Meeting A R C C C C
*Schedule SaaS
Environment Availability A R C I
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*Schedule Hardware to
be Available for
Installation
I I A R C
Schedule Installation of
All Licensed Software A R C I I
Infrastructure Audit A R C I C
*if applicable, please review the contract/investment summary for details
Inputs Initial Infrastructure Requirements and Design Document
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Completed Infrastructure Requirements and
Design Document
Delivery of Document
Infrastructure Audit System Passes Audit Criteria
Stakeholder Meeting
Communication of the Project planning outcomes to the City Project team, executives and other key
stakeholders is vital to Project success. The Stakeholder meeting is a strategic activity to inform, engage, gain
commitment, and instill confidence in the City team. During the meeting, the goals and objectives of the
Project will be reviewed along with detail on Project scope, implementation methodology, roles and
responsibilities, Project timeline and schedule, and keys to Project success.
Objectives:
Formally present and communicate the project activities and timeline.
Communicate project expectations.
STAGE 1 Stakeholder Meeting
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Create Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I
Inputs Agreement
SOW
Project Management Plan
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Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Stakeholder Meeting Presentation
Work package assumptions:
None
GIS Preparation
GIS data is a core part of many Tyler applications. Other City offices/products may also use this data and have
different GIS requirements. A key focus of this preparation will be the process for developing the GIS data for
use with Tyler applications. This can be an iterative process, so it is important to begin preparation early.
Objectives:
Identify all City GIS data sources and formats.
Tyler to understand the City’s GIS needs and practices.
Ensure the City’s GIS data meets Tyler product requirements.
STAGE 1 GIS Preparation
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Initial GIS Planning
Meeting A R C C C
Determine all GIS Data
Sources I I A R C
Provide Source GIS Data I I A R C
Review GIS Data and
Provide Feedback A R C I C
Inputs GIS Requirements Document
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Production Ready Map Data Meets Tyler GIS Requirements.
Work package assumptions:
GIS data provided to Tyler is accurate and complete.
GIS data provided to Tyler is current.
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City is responsible for maintaining the GIS data.
Control Point 1: Initiate & Plan Stage Acceptance
Acceptance criteria for this stage includes completion of all criteria listed below.
Note: Advancement to the Assess & Define stage is not dependent upon Tyler’s receipt of this stage
acceptance.
Initiate & Plan Stage Deliverables:
Project Management Plan
Initial Project Schedule
Initiate & Plan stage acceptance criteria:
All stage deliverables accepted based on acceptance criteria previously defined
Project governance defined
Project portal made available to the City
Stakeholder meeting complete
GIS Data Production Ready
Completed Infrastructure Requirements and Design Document
System Passes Infrastructure Audit (as applicable)
Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current City business
processes. This information will be used to identify and define business processes utilized with Tyler software.
The City collaborates with Tyler providing complete and accurate information to Tyler staff and assisting in
analysis, understanding current workflows and business processes.
Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution
functionality prior to beginning the current and future state analysis. The primary goal is to establish a
foundation for upcoming conversations regarding the design and configuration of the solution.
Tyler utilizes a variety of tools for the Solution Orientation, focusing on City team knowledge transfer such as:
eLearning, documentation, or walkthroughs. The City team will gain a better understanding of the major
processes and focus on data flow, the connection between configuration options and outcome, integration,
and terminology that may be unique to Tyler’s solution.
Objectives:
Provide a basic understanding of system functionality.
Prepare the City for current and future state analysis.
STAGE 2 Solution Orientation
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide pre-requisites A R I I I I I
Complete pre-requisites A R C C
Conduct orientation A R I I I I I
Inputs Solution orientation materials
Training Plan
Current & Future State Analysis
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process
changes that will be achieved with the new system.
The City and Tyler will evaluate current state processes, options within the new software, pros and cons of
each based on current or desired state and make decisions about the future state configuration and
processing. This may occur before or within the same timeframe as the configuration work package. The
options within the new software will be limited to the scope of this implementation and will make use of
standard Tyler functionality.
The City will adopt the existing Tyler solution wherever possible to avoid project schedule and quality risk
from over customization of Tyler products. It is the City’s responsibility to verify that in-scope requirements
are being met throughout the implementation if functional requirements are defined as part of the contract.
The following guidelines will be followed when evaluating if a modification to the product is required:
A reasonable business process change is available.
Functionality exists which satisfies the requirement.
Configuration of the application satisfies the requirement.
An in-scope modification satisfies the requirement.
Requirements that are not met will follow the agreed upon change control process and can have impacts on
the project schedule, scope, budget, and resource availability.
STAGE 2 Current & Future State Analysis
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Current State process
review A R I I I C C C C C
Discuss future-state
options A R C C C C C C C C
Make future-state
decisions (non-COTS) C C C C C A R I C C
Document anticipated
configuration options
required to support
future state
A R C C C I I I I I
Inputs City current state documentation
Solution Orientation completion
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Documentation that describes future-state
decisions and configuration options to support
future-state decisions.
Delivery of document
Work package assumptions:
City attendees possess sufficient knowledge and authority to make future state decisions.
The City is responsible for any documentation of current state business processes.
The City can effectively communicate current state processes.
Data Assessment
Given the completion of the Current & Future State Analysis, the Data Assessment will provide the
implementation team the design for data delivery prior to configuration. The data Assessment will also allow
the Tyler and the City teams to identify the data that will be configured within the Tyler System. The team will
develop and map out dataset structures to ensure that data is structured in a way that allows maximum
utility.
The teams will review any existing data publish and metadata standards for the City’s current data program to
determine any necessary adjustments or configuration needs. Finally, the implementation team develops
data workflows to map data from the source system(s) into the Tyler system, discussing any additional data
requirements as needed.
Objectives:
Communicate a common understanding of the project goals with respect to data.
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Ensure complete and accurate source data is available for review/transfer.
If source data is a Tyler legacy system, Tyler will perform the data mappings. If source data is from a
third party, client is responsible for mapping the data from the source to the Tyler system.
Document the data conversion/loading approach.
STAGE 2 Data Conversion Assessment
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Extract Data from Source
Systems I C A R
Complete Data
Analysis/Mapping A R C C I C C I
Review and Scrub Source
Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs City Source data
City Source data Documentation (if available)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated (if
applicable}
City Acceptance of Data Conversion Plan, if
Applicable
City acceptance of Solution Design
Document
Work package assumptions:
If the source data is a Tyler system Tyler's Conversion Engineers extract and map the data into the
standard Munis conversion format. If the source data is from a third-party the client will provide
Tyler with the data in a mutually agreed upon format.
Tyler will work with the City representatives to identify business rules before writing the conversion.
City subject matter experts and resources most familiar with the current data will be involved in the
data conversion planning effort.
Conversion Assessment
Data Conversions are a major effort in any software implementation. Tyler’s conversion tools facilitate the
predictable, repeatable conversion process that is necessary to support a successful transition to the Tyler
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system. The first step in this process is to perform an assessment of the existing (“legacy”) system(s), to
better understand the source data, risks, and options available. Once the data has been analyzed, the plan for
data conversion is completed and communicated to the appropriate stakeholders.
Objectives:
Communicate a common understanding of the project goals with respect to data.
Ensure complete and accurate source data is available for review/transfer.
Map the data from the source to the Tyler system.
Document the data conversion/loading approach.
STAGE 2 Data Conversion Assessment
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Extract Data from
Source Systems I C A R
Review and Scrub
Source Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs City Source data
City Source data Documentation (if available)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated City Acceptance of Data Conversion Plan, if
Applicable
Work package assumptions:
Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format.
Tyler will work with the City representatives to identify business rules before writing the conversion.
City subject matter experts and resources most familiar with the current data will be involved in the
data conversion planning effort.
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Intentionally left blank.
Intentionally left blank.
Control Point 2: Assess & Define Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Note: Advancement to the Prepare Solution Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Assess & Define Stage Deliverables:
Documentation of future state decisions and configuration options to support future state decisions.
Modification specification document.
Assess & Define Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined.
Solution Orientation is delivered.
Conversion data extracts are received by Tyler.
Data conversion plan built.
Prepare Solution
During the Prepare Solution stage, information gathered during the Initiate & Plan and Assess & Define stages
will be used to install and configure the Tyler software solution. Software configuration will be validated by
the City against future state decisions defined in previous stages and processes refined as needed to ensure
business requirements are met.
Initial System Deployment
The timely availability of the Tyler Solution is important to a successful Project implementation. The success
and timeliness of subsequent work packages are contingent upon the initial system deployment of Tyler
Licensed Software on an approved network and infrastructure. Delays in executing this work package can
affect the project schedule.
Objectives:
All licensed software is installed and operational.
The City can access the software.
STAGE 3 Initial System Deployment (Hosted/SaaS)*
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Prepare hosted
environment A R I C
Install Licensed
Software with
Initial Database on
Server(s) for
Included
Environments
A R I C
Install Licensed
Software on City
Devices (if
applicable)
I C A R
Tyler System
Administration
Training (if
applicable)
A R I C
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Licensed Software is Installed on the Server(s) Software is accessible
Licensed Software is Installed on City Devices
(if applicable)
Software is accessible
Installation Checklist/System Document System meets prescribed checklist
Infrastructure Design Document (C&J – If
Applicable)
Work package assumptions:
The most current available version of the Tyler Licensed Software will be installed.
The City will provide network access for Tyler modules, printers, and Internet access to all applicable
City and Tyler Project staff.
Configuration
The purpose of Configuration is to prepare the software product for validation.
Tyler staff collaborates with the City to complete software configuration based on the outputs of the future
state analysis performed during the Assess and Define Stage. The City collaborates with Tyler staff iteratively
to validate software configuration.
Objectives:
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Software is ready for validation.
Educate the City Power User how to configure and maintain software.
Prepare standard interfaces for process validation (if applicable).
STAGE 3 Configuration
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct configuration
training A R I C C
Complete Tyler
configuration tasks
(where applicable)
A R I I I
Complete City
configuration tasks
(where applicable)
I C A R C
Standard interfaces
configuration and
training (if applicable)
A R C I C C C
Updates to Solution
Validation testing plan C C A R C C
Inputs Documentation that describes future state decisions and configuration options to support future
state decisions.
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Configured System
Work package assumptions:
Tyler provides guidance for configuration options available within the Tyler software. The City is
responsible for making decisions when multiple options are available.
Process Refinement
Tyler will educate the City users on how to execute processes in the system to prepare them for the
validation of the software. The City collaborates with Tyler staff iteratively to validate software configuration
options to support future state.
Objectives:
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Ensure that the City understands future state processes and how to execute the processes in the
software.
Refine each process to meet the business requirements.
Validate standard interfaces, where applicable.
Validate forms and reports, where applicable.
STAGE 3 Process Refinement
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct process
training A R I C I C
Confirm process
decisions I C A R C I C
Test configuration I C A R C
Refine
configuration (City
Responsible)
I C A R C
Refine
configuration (Tyler
Responsible)
A R I I I
Validate interface
process and results I C C A R C C
Update City-
specific process
documentation (if
applicable)
I C A R C
Updates to
Solution Validation
testing plan
C C A R C C
Inputs Initial Configuration
Documentation that describes future state decisions and configuration options to support
future state decisions.
Solution validation test plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated solution validation test plan
Completed City-specific process
documentation (completed by City)
Work package assumptions:
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None
Conversion Delivery
The purpose of this task is to transition the City’s data from their source (“legacy”) system(s) to the Tyler
system(s). The data will need to be mapped from the legacy system into the new Tyler system format. A well-
executed data conversion is key to a successful cutover to the new system(s).
With guidance from Tyler, the City will review specific data elements within the system and identify / report
discrepancies. Iteratively, Tyler will collaborate with the City to address conversion discrepancies. This process
will allow for clean, reconciled data to transfer from the source system(s) to the Tyler system(s). Reference
Conversion Appendix for additional detail.
Objectives:
Data is ready for production (Conversion).
STAGE 3 Data Delivery & Conversion
Tyler City
RACI MATRIX
KEY:
R = Responsible
A = Accountable
C = Consulted
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Provide data
crosswalks/code
mapping tool
A C R I I I
Populate data
crosswalks/code
mapping tool
I C C A R C
Iterations:
Conversion
Development
A C R I I
Iterations:
Deliver
converted data
A R I I I
Iterations:
Proof/Review
data and
reconcile to
source system
C C C A R C C
Inputs
Data Conversion Plan
Configuration
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Code Mapping Complete / Validated
Conversion Iterations / Reviews Complete Conversion complete, verified, and ready for
final pass
Work package assumptions:
The City will provide a single file layout per source system as identified in the investment summary.
The City subject matter experts and resources most familiar with the current data will be involved in
the data conversion effort.
The City project team will be responsible for completing the code mapping activity, with assistance
from Tyler.
Intentionally left blank.
Intentionally left blank.
Control Point 3: Prepare Solution Stage Acceptance
Acceptance criteria for this Stage includes all criteria listed below in each Work Package.
Note: Advancement to the Production Readiness Stage is dependent upon Tyler’s receipt of the Stage
Acceptance.
Prepare Solution Stage Deliverables:
Licensed software is installed.
Installation checklist/system document.
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Conversion iterations and reviews complete.
Prepare Solution Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined.
Software is configured.
Solution validation test plan has been reviewed and updated if needed.
Production Readiness
Activities in the Production Readiness stage will prepare the City team for go-live through solution validation,
the development of a detailed go-live plan and end user training. A readiness assessment will be conducted
with the City to review the status of the project and the organizations readiness for go-live.
Solution Validation
Solution Validation is the end-to-end software testing activity to ensure that the City verifies all aspects of the
Project (hardware, configuration, business processes, etc.) are functioning properly, and validates that all
features and functions per the contract have been deployed for system use.
Objectives:
Validate that the solution performs as indicated in the solution validation plan.
Ensure the City organization is ready to move forward with go-live and training (if applicable).
STAGE 4 Solution Validation
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Update Solution
Validation plan A R C C C C
Update test scripts (as
applicable) C C C A R C
Perform testing C C C A R C
Document issues from
testing C C C A R C
Perform required follow-
up on issues A R C C C C
Inputs Solution Validation plan
Completed work product from prior stages (configuration, business process, etc.)
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Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Solution Validation Report City updates report with testing results
Work package assumptions:
Designated testing environment has been established.
Testing includes current phase activities or deliverables only.
Go-Live Readiness
Tyler and the City will ensure that all requirements defined in Project planning have been completed and the
Go-Live event can occur, as planned. A go-live readiness assessment will be completed identifying risks or
actions items to be addressed to ensure the City has considered its ability to successfully Go-Live. Issues and
concerns will be discussed, and mitigation options documented. Tyler and the City will jointly agree to move
forward with transition to production. Expectations for final preparation and critical dates for the weeks
leading into and during the Go-Live week will be planned in detail and communicated to Project teams.
Objectives:
Action plan for go-live established.
Assess go-live readiness.
Stakeholders informed of go-live activities.
STAGE 4 Go-Live Readiness
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Perform Readiness
Assessment I A R C C I C I I I I I I
Conduct Go-Live planning
session A R C C C C C C C
Order peripheral
hardware (if applicable) I A R C
Confirm procedures for
Go-Live issue reporting &
resolution
A R I I I I C C I I I I I
Develop Go-Live checklist A R C C C C I C C
Final system
infrastructure review
(where applicable)
A R C C
Inputs Future state decisions
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Go-live checklist
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated go-live checklist Updated Action plan and Checklist for go-live
delivered to the City
Work package assumptions:
None
End User Training
End User Training is a critical part of any successful software implementation. Using a training plan previously
reviewed and approved, the Project team will organize and initiate the training activities.
Train the Trainer: Tyler provides one occurrence of each scheduled training or implementation topic. City
users who attended the Tyler sessions may train additional users. Additional Tyler led sessions may be
contracted at the applicable rates for training.
Tyler will provide standard application documentation for the general use of the software. It is not Tyler’s
responsibility to develop City specific business process documentation. City-led training labs using City
specific business process documentation if created by the City can be added to the regular training
curriculum, enhancing the training experiences of the end users.
Objectives:
End users are trained on how to use the software prior to go-live.
The City is prepared for on-going training and support of the application.
STAGE 4 End User Training
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Update training plan A R C C I C
End User training (Tyler-
led) A R C C C I C C C
Train-the-trainer A R C C C I C
End User training (City-
led) C C A R I C C C
Inputs Training Plan
List of End Users and their Roles / Job Duties
Configured Tyler System
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Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
End User Training City signoff that training was delivered
Work package assumptions:
The City project team will work with Tyler to jointly develop a training curriculum that identifies the
size, makeup, and subject-area of each of the training classes.
Tyler will work with the City as much as possible to provide end-user training in a manner that
minimizes the impact to the daily operations of City departments.
The City will be responsible for training new users after go-live (exception—previously planned or
regular training offerings by Tyler).
Control Point 4: Production Readiness Stage Acceptance
Acceptance criteria for this stage includes all criteria listed below. Advancement to the Production stage is
dependent upon Tyler’s receipt of the stage acceptance.
Production Readiness stage deliverables:
Solution Validation Report.
Update go-live action plan and/or checklist.
End user training.
Production Readiness stage acceptance criteria:
All stage deliverables accepted based on criteria previously defined.
Go-Live planning session conducted.
Production
Following end user training the production system will be fully enabled and made ready for daily operational
use as of the scheduled date. Tyler and the City will follow the comprehensive action plan laid out during Go-
Live Readiness to support go-live activities and minimize risk to the Project during go-live. Following go-live,
Tyler will work with the City to verify that implementation work is concluded, post go-live activities are
scheduled, and the transition to Client Services is complete for long-term operations and maintenance of the
Tyler software.
Go-Live
Following the action plan for Go-Live, defined in the Production Readiness stage, the City and Tyler will
complete work assigned to prepare for Go-Live.
The City provides final data extract and Reports from the Legacy System for data conversion and Tyler
executes final conversion iteration, if applicable. If defined in the action plan, the City manually enters any
data added to the Legacy System after final data extract into the Tyler system.
Tyler staff collaborates with the City during Go-Live activities. The City transitions to Tyler software for day-to
day business processing.
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Some training topics are better addressed following Go-Live when additional data is available in the system or
based on timing of applicable business processes and will be scheduled following Go-Live per the Project
Schedule.
Objectives:
Execute day to day processing in Tyler software.
City data available in Production environment.
STAGE 5 Go-Live
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide final source data
extract, if applicable C C A R
Final source data pushed
into production
environment, if
applicable
A C R I C C C
Proof final converted
data, if applicable C C C A R C
Complete Go-Live
activities as defined in
the Go-Live action plan
C C C A R C I C
Provide Go-Live
assistance A R C C I C C I C I C
Inputs Comprehensive Action Plan for Go-Live
Final source data (if applicable)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data is available in production environment City confirms data is available in production
environment
Work package assumptions:
The City will complete activities documented in the action plan for Go-Live as scheduled.
External stakeholders will be available to assist in supporting the interfaces associated with the Go-
Live live process.
The City business processes required for Go-Live are fully documented and tested.
The City Project team and subject matter experts are the primary point of contact for the end users
when reporting issues during Go-Live.
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The City Project Team and Power User’s provide business process context to the end users during Go-
Live.
The Tyler Go-Live support team is available to consult with the City teams as necessary.
The Tyler Go-Live support team provides standard functionality responses, which may not be tailored
to the local business processes.
Transition to Client Services
This work package signals the conclusion of implementation activities for the Phase or Project with the
exception of agreed-upon post Go-Live activities. The Tyler project manager(s) schedules a formal transition
of the City onto the Tyler Client Services team, who provides the City with assistance following Go-Live,
officially transitioning the City to operations and maintenance.
Objectives:
Ensure no critical issues remain for the project teams to resolve.
Confirm proper knowledge transfer to the City teams for key processes and subject areas.
STAGE 5 Transition to Client Services
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Transfer City to Client
Services and review
issue reporting and
resolution processes
I I A I I R I I C C C
Review long term
maintenance and
continuous
improvement
A R C C C
Inputs Open item/issues List
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Client Services Support Document
Work package assumptions:
No material project issues remain without assignment and plan.
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Post Go-Live Activities
Some implementation activities are provided post-production due to the timing of business processes, the
requirement of actual production data to complete the activities, or the requirement of the system being
used in a live production state.
Objectives:
Schedule activities that are planned for after Go-Live.
Ensure issues have been resolved or are planned for resolution before phase or project close.
STAGE 5 Post Go-Live Activities
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Schedule contracted
activities that are
planned for delivery
after go-live
A R C C C C I C C I C C
Determine resolution
plan in preparation for
phase or project close
out
A R C C C I C C I C
Inputs List of post Go-Live activities
Outputs /
Deliverables
Acceptance Criteria [only] for
Deliverables
Updated issues log
Work package assumptions:
System is being used in a live production state.
Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
Advancement to the Close stage is not dependent upon Tyler’s receipt of this Stage Acceptance.
Converted data is available in production environment.
Production Stage Acceptance Criteria:
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All stage deliverables accepted based on criteria previously defined.
Go-Live activities defined in the Go-Live action plan completed.
Client services support document is provided.
Close
The Close stage signifies full implementation of all products purchased and encompassed in the Phase or
Project. The City transitions to the next cycle of their relationship with Tyler (next Phase of implementation or
long-term relationship with Tyler Client Services).
Phase Closeout
This work package represents Phase completion and signals the conclusion of implementation activities for
the Phase. The Tyler Client Services team will assume ongoing support of the City for systems implemented in
the Phase.
Objectives:
Agreement from Tyler and the City teams that activities within this phase are complete.
STAGE 6 Phase Close Out
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Reconcile project budget
and status of contract
Deliverables
I A R I I C
Hold post phase review
meeting A R C C C C C C C C C
Release phase-
dependent Tyler project
resources
A R I I
Participants Tyler City
Project Leadership Project Manager
Project Manager Project Sponsor(s)
Implementation Consultants Functional Leads, Power Users,
Technical Leads
Technical Consultants (Conversion, Deployment,
Development)
Client Services
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Inputs Contract
Statement of Work
Project artifacts
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Final action plan (for outstanding items)
Reconciliation Report
Post Phase Review
Work package assumptions:
Tyler deliverables for the phase have been completed.
Project Closeout
Completion of this work package signifies final acceptance and formal closing of the Project.
At this time the City may choose to begin working with Client Services to look at continuous improvement
Projects, building on the completed solution.
Objectives:
Confirm no critical issues remain for the project teams to resolve.
Determine proper knowledge transfer to the City teams for key processes and subject areas has
occurred.
Verify all deliverables included in the Agreement are delivered.
STAGE 6 Project Close Out
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct post project
review A R C C C C C C C C C
Deliver post project
report to City and Tyler
leadership
I A R I I C
Release Tyler project
resources A R I I
Inputs Contract
Statement of Work
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Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Post Project Report City acceptance; Completed report indicating
all project Deliverables and milestones have
been completed
Work package assumptions:
All project implementation activities have been completed and approved.
No critical project issues remain that have not been documented and assigned.
Final project budget has been reconciled and invoiced.
All Tyler deliverables have been completed.
Control Point 6: Close Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Close Stage Deliverables:
Post Project Report.
Close Stage Acceptance Criteria:
Completed report indicating all Project deliverables and milestones have been completed.
General Assumptions
Tyler and the City will use this SOW as a guide for managing the implementation of the Tyler Project as
provided and described in the Agreement. There are a few assumptions which, when acknowledged and
adhered to, will support a successful implementation. Assumptions related to specific work packages are
documented throughout the SOW. Included here are general assumptions which should be considered
throughout the overall implementation process.
Project
Project activities will begin after the Agreement has been fully executed.
The City Project Team will complete their necessary assignments in a mutually agreed upon
timeframe to meet the scheduled go-live date, as outlined in the Project Schedule.
Sessions will be scheduled and conducted at a mutually agreeable time.
Additional services, software modules and modifications not described in the SOW or Agreement will
be considered a change to this Project and will require a Change Request Form as previously
referenced in the definition of the Change Control Process.
Tyler will provide a written agenda and notice of any prerequisites to the City project manager(s) ten
(10) business days or as otherwise mutually agreed upon time frame prior to any scheduled on-site or
remote sessions, as applicable.
Tyler will provide guidance for configuration and processing options available within the Tyler
software. If multiple options are presented by Tyler, the City is responsible for making decisions
based on the options available.
Implementation of new software may require changes to existing processes, both business and
technical, requiring the City to make process changes.
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The City is responsible for defining, documenting, and implementing their policies that result from
any business process changes.
Organizational Change Management
Unless otherwise contracted by Tyler, City is responsible for managing Organizational Change. Impacted City
resources will need consistent coaching and reassurance from their leadership team to embrace and accept
the changes being imposed by the move to new software. An important part of change is ensuring that
impacted City resources understand the value of the change, and why they are being asked to change.
Resources and Scheduling
City resources will participate in scheduled activities as assigned in the Project Schedule.
The City team will complete prerequisites prior to applicable scheduled activities. Failure to do so
may affect the schedule.
Tyler and the City will provide resources to support the efforts to complete the Project as scheduled
and within the constraints of the Project budget.
Abbreviated timelines and overlapped Phases require sufficient resources to complete all required
work as scheduled.
Changes to the Project Schedule, availability of resources or changes in Scope will be requested
through a Change Request. Impacts to the triple constraints (scope, budget, and schedule) will be
assessed and documented as part of the change control process.
The City will ensure assigned resources will follow the change control process and possess the
required business knowledge to complete their assigned tasks successfully. Should there be a change
in resources, the replacement resource should have a comparable level of availability, change control
process buy-in, and knowledge.
The City makes timely Project related decisions to achieve scheduled due dates on tasks and prepare
for subsequent training sessions. Failure to do so may affect the schedule, as each analysis and
implementation session is dependent on the decisions made in prior sessions.
The City will respond to information requests in a comprehensive and timely manner, in accordance
with the Project Schedule.
The City will provide adequate meeting space or facilities, including appropriate system connectivity,
to the project teams including Tyler team members.
For on-site visits, Tyler will identify a travel schedule that balances the needs of the project and the
employee.
Data
Data will be converted as provided and Tyler will not create data that does not exist.
The City is responsible for the quality of legacy data and for cleaning or scrubbing erroneous legacy
data.
Tyler will work closely with the City representatives to identify business rules before writing the
conversion. The City must confirm that all known data mapping from source to target have been
identified and documented before Tyler writes the conversion.
All in-scope source data is in data extract(s).
Each legacy system data file submitted for conversion includes all associated records in a single
approved file layout.
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The City will provide the legacy system data extract in the same format for each iteration unless
changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget and
resource availability may occur and/or data in the new system may be incorrect.
The City Project Team is responsible for reviewing the converted data and reporting issues during
each iteration, with assistance from Tyler.
The City is responsible for providing or entering test data (e.g., data for training, testing interfaces,
etc.)
Facilities
The City will provide dedicated space for Tyler staff to work with City resources for both on-site and
remote sessions. If Phases overlap, City will provide multiple training facilities to allow for
independent sessions scheduling without conflict.
The City will provide staff with a location to practice what they have learned without distraction.
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Glossary
Word or Term Definition
Acceptance Confirming that the output or deliverable is suitable and
conforms to the agreed upon criteria.
Accountable The one who ultimately ensures a task or deliverable is
completed; the one who ensures the prerequisites of the
task are met and who delegates the work to those
responsible. [Also see RACI]
Application A computer program designed to perform a group of
coordinated functions, tasks, or activities for the benefit of
the user.
Application Programming Interface
(API)
A defined set of tools/methods to pass data to and
received data from Tyler software products
Agreement This executed legal contract that defines the products and
services to be implemented or performed.
Business Process The practices, policy, procedure, guidelines, or functionality
that the client uses to complete a specific job function.
Business Requirements Document A specification document used to describe Client
requirements for contracted software modifications.
Change Request A form used as part of the Change Control process
whereby changes in the scope of work, timeline, resources,
and/or budget are documented and agreed upon by
participating parties.
Change Management Guides how we prepare, equip and support individuals to
successfully adopt change in order to drive organizational
success & outcomes
Code Mapping [where applicable] An activity that occurs during the data conversion process
whereby users equate data (field level) values from the old
system to the values available in the new system. These
may be one to one or many to one. Example: Old System
[Field = eye color] [values = BL, Blu, Blue] maps to New
Tyler System [Field = Eye Color] [value = Blue].
Consulted Those whose opinions are sought, typically subject matter
experts, and with whom there is two-way communication.
[Also see RACI]
Control Point This activity occurs at the end of each stage and serves as a
formal and intentional opportunity to review stage
deliverables and required acceptance criteria for the stage
have been met.
Data Mapping [where applicable] The activity determining and documenting where data
from the legacy system will be placed in the new system;
this typically involves prior data analysis to understand how
the data is currently used in the legacy system and how it
will be used in the new system.
Deliverable A verifiable document or service produced as part of the
Project, as defined in the work packages.
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Go-Live The point in time when the Client is using the Tyler
software to conduct daily operations in Production.
Informed Those who are kept up-to-date on progress, often only on
completion of the task or deliverable, and with whom there
is just one-way communication. [Also see RACI]
Infrastructure The composite hardware, network resources and services
required for the existence, operation, and management of
the Tyler software.
Interface A connection to and potential exchange of data with an
external system or application. Interfaces may be one way,
with data leaving the Tyler system to another system or
data entering Tyler from another system, or they may be
bi-directional with data both leaving and entering Tyler and
another system.
Integration A standard exchange or sharing of common data within the
Tyler system or between Tyler applications
Legacy System The software from which a client is converting.
Modification Custom enhancement of Tyler’s existing software to
provide features or functions to meet individual client
requirements documented within the scope of the
Agreement.
On-site Indicates the work location is at one or more of the client’s
physical office or work environments.
Organizational Change The process of changing an organization's strategies,
processes, procedures, technologies, and culture, as well as
the effect of such changes on the organization.
Output A product, result or service generated by a process.
Peripheral devices An auxiliary device that connects to and works with the
computer in some way. Some examples: scanner, digital
camera, printer.
Phase A portion of the Project in which specific set of related
applications are typically implemented. Phases each have
an independent start, Go-Live and closure dates but use
the same Implementation Plans as other Phases of the
Project. Phases may overlap or be sequential and may have
different Tyler resources assigned.
Project The delivery of the software and services per the
agreement and the Statement of Work. A Project may be
broken down into multiple Phases.
RACI A matrix describing the level of participation by various
roles in completing tasks or Deliverables for a Project or
process. Individuals or groups are assigned one and only
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one of the following roles for a given task: Responsible (R),
Accountable (A), Consulted (C), or Informed (I).
Remote Indicates the work location is at one or more of Tyler’s
physical offices or work environments.
Responsible Those who ensure a task is completed, either by
themselves or delegating to another resource. [Also see
RACI]
Scope Products and services that are included in the Agreement.
Solution The implementation of the contracted software product(s)
resulting in the connected system allowing users to meet
Project goals and gain anticipated efficiencies.
Stage The top-level components of the WBS. Each Stage is
repeated for individual Phases of the Project.
Standard Software functionality that is included in the base software
(off-the-shelf) package; is not customized or modified.
Statement of Work (SOW) Document which will provide supporting detail to the
Agreement defining Project-specific activities, services, and
Deliverables.
System The collective group of software and hardware that is used
by the organization to conduct business.
Test Scripts The steps or sequence of steps that will be used to validate
or confirm a piece of functionality, configuration,
enhancement, or Use Case Scenario.
Training Plan Document(s) that indicate how and when users of the
system will be trained relevant to their role in the
implementation or use of the system.
Validation (or to validate) The process of testing and approving that a specific
Deliverable, process, program, or product is working as
expected.
Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken
down into smaller, more manageable components.
Work Package A group of related tasks within a project.
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Part 4: A ppendices
Conversion
Enterprise ERP Conversion Summary
Accounting COA
Chart of Accounts segments, objects, character codes, project codes (if applicable), organization
codes (if applicable), control accounts budget rollups, fund attributes, due to/due from accounts
Requires the use of a Tyler provided spreadsheet for design and entry of the data to be converted
Accounting - Budgets
Original budget, budget adjustments, revised budget summaries for accounts
Up to 3 years
Accounting - Actuals
Summary account balances
Up to 3 years
Accounts Payable Master
Vendor Master file including names, addresses, SSN/FID, contacts, phone numbers
Multiple remittance addresses
Year-to-date 1099 amounts
Accounts Payable - Checks
Check header data including vendor, warrant, check number, check date, overall check amount, GL
cash account and clearing information
Check detail data including related document and invoice numbers for each check
Up to 5 years
Accounts Payable - Invoices
Invoice header data containing general information for the invoice
Invoice detail data containing line-specific information for the invoice
Up to 5 years
Business License Master
Businesses, licenses and permits, charges and receipts, and classification codes
Business License - Bills
Receivable amounts associated with license detail
Up to 5 years
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Capital Assets Master
Asset description, status, acquisition quantity, date and amount, codes for asset class, subclass,
department, custodian, flags for capitalization and depreciation, estimated life, serial number, model,
model year, depreciation method, life-to-date depreciation amount, last depreciation date, disposal
information (if any), purchase information, if any (vendor, PO, Invoice)
General Billing CID
Customer information
General Billing – Recurring Invoices
General Billing Invoices that are sent on a regular basis
Header records with general information about the invoice
Detail records with line-specific information
General Billing – Bills
5 years of open and closed invoices
General Ledger information so open invoices can be processed in Enterprise ERP
Inventory – Commodity Codes
Commodity master information, including codes and descriptions, commodity type, acquisition type,
unit of measure, vendor, buyer, approver, and various other codes and flags
Purchase Orders
Open purchase orders header data including vendor, buyer, date, accounting information, etc.
Open purchase orders detail data including line item descriptions, quantities, amounts, etc.
Utility Billing
Account Master data including previous and current customer owner information- address info,
phone, fax, SSN number, FID number, account status, parcel number, location street, apartment, city,
state, zip, book number, read sequence, account start and end date, EFT bank information
Utility Billing –Backflow
Account information, backflow device information, backflow type, and backflow violations
Utility Billing –Balance Forward AR
Account balance forward information converted as total amount due. If the City’s business practices
require current due and past due bills this can be broken into three balance forward bills (current
balance due and up to two past due balance bills). These can be converted to one balance forward
charge code or separate balance forward charge codes, and converted to the account/customer if the
City’s legacy data contains this information.
If late penalties will be applied in Enterprise ERP after the conversion, balance forward amounts must
be converted by charge code
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Utility Billing –Budget Billing
Converts information for budget average billing by account, customer and service. Legacy data must
include: calculated budget amount by service; number of periods remaining until plan renews;
budget plan balance/credit amount, broken out by service/customer; additional amortized amount by
service.
Utility Billing –Consumption History
History of meter readings, usage, read dates, usage days, bill amounts, bill dates, read codes
Up to 5 years
Utility Billing –Flat Inventory/Containers
Inventory for non-metered items tied to recurring service billing – flat rate is tied to inventory
item(s)/item type(s) (vs consumption/usage). Trash/recycling containers, dumpsters, roll off
containers, light poles, cable/internet equipment.
Utility Billing –Assessments
Assessments are improvement costs that are spread across to property owner
Utility Billing conversion option 4 (balance forward AR) must also be purchased in order to convert
assessments
Utility Billing –Services
Current service codes, service status, type, factor, condo units, bill cycle codes, , current deposits
held on account including unpaid deposit amounts, winter usage, current meter(s) associated with
service, meter readings( current and previous), meter usage (current and previous) and sales tax
information.
Utility Billing – Work Orders
Work Orders data associated with accounts, including meter repairs, checks for leaky meter, reread a
meter due to high reading
Payroll
Payroll Employee Master data including data such as name, address, SSN, legacy employee ID, date of
birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), e-
address, marital status, gender, race, personnel status (such as full-time, part-time, etc.), highest
degree, advice-delivery (print/email/both) and check location, plus primary group, job, location, and
account information
Payroll – Certifications
Certification area and certification type codes, certification number and effective date, expiration
date, and required-by date, codes for certification level and subjects
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Payroll – Education
Codes, for institution, type of degree, and area(s) of study
Payroll – PM Action History
A variety of Personnel actions, such as job or salary changes and dates these events occurred.
Up to 5 years
Payroll – Recruiting
Application requisition applicant master data, plus applicant references, certifications, education,
skills, tests, work history, and interviews
Payroll – Position Control
Position, description, status, job code, bargaining group, location, number of employees allowed for
each, FTE percentage, GL account, and max/min grade and step
Payroll – Accrual Balances
Employee Accrual Balances including Vacation, Holiday, and other Leave balances
Start of year balance, earned to date, used to date
Payroll – Accumulators
YTD, QTD, MTD amounts for employee pay and deductions
Needed for mid-calendar-year go-live
May not be needed if converting earnings/deductions history
Up to 5 years
Payroll – Check History
Up to 5 years, additional years must be quoted. We convert amounts for earnings and deductions in
employee check history, check number and date.
Payroll - Deductions
Employee Deductions - including employee ID, deduction codes, tax information, and direct deposit
information
Payroll – Earning/Deduction Hist.
Up to 5 years, additional years must be quoted. Earning and deduction history broken down my
individual codes (earnings and deduction) and amounts per pay period, the detail of these lines, sums
the check history in opt 4.
Payroll – State Retirement Tables
Specific state-required data, plus related service years information, when appropriate
Needed for some states
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Additional Appendices
Intentionally left blank.
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Exhibit E
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Project Timeline
ERP Project Timeline
The Project Timeline establishes a target duration for each phase of the project. The timeline needs to account for
resource availability, business goals, size and complexity of the project, and task duration requirements. These will
be reviewed and adjusted, if needed, during the Initiate and Plan Stage. Refer to the Project Stages section of this
SOW for information on work packages associated with each stage of the implementation. Durations may be
revised when the Agreement is signed and further refined during the project.
Eden to Enterprise ERP project start dates are dependent on wave availability. Waves are a common
implementation start month for a group of Eden clients. Each wave has a designated number of slots available for
clients to sign up – once those slots are full you must choose an alternate wave with availability. A signed
agreement is required to reserve a spot in a specific wave.
Phase Functional Areas Software Modules Duration
1
Enterprise ERP Financial Management
Accounting
Accounts Payable
Budgeting
Capital Assets
Cash Management
Contract Management
Project & Grant Accounting
Purchasing
Accounts Receivable
General Billing
Cashiering
12 months
Enterprise ERP Productivity Enterprise Forms Processing
Content Manager Core
Enterprise Analytics and
Reporting w Executive Insights
Included in Phase 1
2 Enterprise ERP Human Resources
Management
Payroll with Employee Access
Human Resources & Talent
Management
Time & Attendance
Time & Attendance Mobile
Access
12 months
3 Enterprise ERP Business Licensing Business Licenses 9 months
4 Enterprise ERP Utility Billing Utility Billing CIS
Utility Billing Meter Interface
12 months
Intentionally left blank.
Page 141 of 390
Item 9.e.
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 Ongoing Storm Events
DATE: April 11, 2023
SUMMARY OF ACTION:
Adoption of the Resolution will continue the two declared and ratified local emergencies
related to the ongoing storm events, beginning in December 2022, and continuing through
the present.
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
storm events.
RECOMMENDATION:
1) Adopt a Resolution declaring a continued local emergency related to the ongoing storm
events, beginning in December 2022 and continuing through the present. 2) Make
findings that adopting the Resolution continuing a local emergency is not a project subject
to the California Environmental Quality Act (“CEQA”) because the continued declaration
in itself 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.)
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 Janua ry 2023
winter storms. The City Council ratified the emergency proclamation at its regular meeting
on January 24, 2023.
Page 142 of 390
Item 9.e.
City Council
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency
Related to the Ongoing Storm Events
April 11, 2023
Page 2
Multiple additional atmospheric river systems again struck the Central Coast beginning
on March 9, 2023, and the City Manager, again in her capacity as the Director of
Emergency Services, proclaimed a local emergency on March 11, 2023 , to account for
the impacts and potential damage incurred subsequent to the declaration of the first local
emergency. The City Council ratified the emergency proclamation at its regular meeting
on March 14, 2023.
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, to
date, the City Council has adopted the appropriate Resolutions declaring a continued
local emergency related to both the January 2023 storm events and subsequent storm
events within the required 21-day time period. Moving forward, provided there is adoption
of this Resolution consistent with the prior ratification of the emergency proclamat ions at
the City Council’s January 24, 2023, February 14, 2023, February 28, 2023, March 14,
2023, and March 28, 2023 regular meetings, respectively, the City will remain in
compliance with its Municipal Code.
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 the
Presidential Emergency Declaration declared on March 10, 2023, it is recommended that
the City Council adopt the attached Resolution declaring the need to continue the
emergency declarations made to date in response to the storm events beginning
December 27, 2022. The County of San Luis Obispo issued a similar emergency
declaration, which remains in effect. Federal, State and County emergency declarations
associated with the January 2023 storm events, and resulting damage, continue to remain
in effect.
Since the initial emergency declarations, multiple additional atmospheric river systems
continued to strike the Central Coast beginning on March 9, 2023. On March 10, 2023,
the Emergency Services Director for the County of San Luis Obispo issued a
Proclamation of a Local Emergency related to severe winter storms and a series of
atmospheric rivers systems that struck California beginning on December 27, 2022, and
have been ongoing since that date. On March 1, 2023, Governor Newsom issued an
emergency proclamation related to the severe winter storms impacting San Luis Obispo
and other counties throughout the State.
City staff continue to dedicate time towards responding to numerous storm recovery
efforts and continue to require support from County, State, and Federal emergency
response resources to support these efforts.
Page 143 of 390
Item 9.e.
City Council
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency
Related to the Ongoing Storm Events
April 11, 2023
Page 3
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution declaring a continued local emergency related to the ongoing
storm events, beginning in December 2022 and continuing through the present; 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 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 that declaration in itself 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 acc ordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Resolution
Page 144 of 390
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE DECLARING A CONTINUED
LOCAL EMERGENCY WITHIN THE CITY OF ARROYO
GRANDE (MARCH 2023 AND ONGOING STORM EVENTS
BEGINNING DECEMBER 27, 2022)
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 Resolution s declaring a continued local
emergency related to the ongoing storm events on February 14, 2023, February 28,
2023, March 14, 2023, March 28, 2023; and
WHEREAS, pursuant to the provisions of Government Code section 8558(b), on
January 4, 2023, the Governor of the State of California issued a Proclamation of a
State of Emergency (“Governor’s Proclamation”) 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 disaster
assistance; and
WHEREAS, on January 9, 2023, the County Administrative Officer of San Luis Obispo
issued a Proclamation of Local Emergency relating to severe winter storms and a series
of atmospheric river systems that struck San Luis Obispo County, bringing high winds,
substantial precipitation, and river, stream and urban flooding; and
Page 145 of 390
RESOLUTION NO.
PAGE 2
WHEREAS, on January 17, 2023, the Department of Homeland Securit y 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; and
WHEREAS, on March 11, 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 March 9, 2023, in response to the latest series of atmospheric river systems and
the damage to the City 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. 5273 at its regular meeting on March 14, 2023; and
WHEREAS, the City Manager’s March 11, 2023 proclamation followed a County of San
Luis Obispo issued Proclamation of Local Emergency on March 10, 2023 for the entire
County due to severe storms; and
WHEREAS, on March 10, 2023, President Biden approved a California Emergency
Declaration beginning on March 9, 2023, ordering Federal assistance to supplement
State, tribal and local response efforts; and
WHEREAS, the ongoing atmospheric rivers are causing significant flooding of City
infrastructure and streets, as well as homes in Arroyo Grande; and
WHEREAS, adopting this Resolution continuing a local emergency is not a project
subject to the California Environmental Quality Act (“CEQA”) because the continued
declaration in itself 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.); and
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 continues to exist throughout the City of Arroyo
Grande (see Resolution No. 5259), and the City has been undertaking, and will
continue through termination of this emergency to undertake necessary
measures and incur necessary costs, which are directly related to the 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
Page 146 of 390
RESOLUTION NO.
PAGE 3
President of the United States’ Declaration of a National Emergency on January
8, 2023; and related orders and directives.
3. A local emergency is declared to continue to exist throughout the City of Arroyo
Grande (see Resolution Nos. 5269 and 5273) resulting from subsequent storm
events, and the City has been undertaking, and will continue in effect 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’
approval of a California Emergency Declaration beginning January 8, 2023; the
County of San Luis Obispo’s Proclamation of a Local Emergency on March 10,
2023; and related orders and directives.
On motion of Council Member___________, s econded by Council Member
________, and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 11th day of April, 2023.
Page 147 of 390
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 148 of 390
Item 9.f.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Aleah Bergam, Management Analyst
SUBJECT: Consideration of Agreement with Best Best & Krieger for City Attorney
Services and Appointment of Isaac Rosen as the Arroyo Grande City
Attorney
DATE: April 11, 2023
SUMMARY OF ACTION:
Appointment of Isaac Rosen, of Best Best & Krieger, as the City Attorney.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The services provided by Best Best & Krieger will be within the scope of the adopted FY
2022-23 budget of $290,000.
RECOMMENDATION:
Approve the Agreement with Best Best & Krieger for City Attorney Services and appoint
Isaac Rosen as the City Attorney.
BACKGROUND:
The City Attorney is the City’s chief legal officer and is responsible for the proper
administration and coordination of all City legal affairs. The City Council directly appoints
the City Attorney, which has been a contract-City Attorney since the City’s incorporation.
The law firm of Carmel & Naccasha, LLP, had contracted with the City to provide its City
Attorney services from 2004 – January 24, 2023. On January 24, 2023, the City Council
approved an agreement with Best Best & Krieger for interim City Attorney Services until
a Request for Proposals process could be completed and a new permanent City Attorney
appointed by the City Council.
Page 149 of 390
Item 9.f.
City Council
Consideration of Agreement with Best Best & Krieger for City Attorney Services
and Appointment of Isaac Rosen as the Arroyo Grande City Attorney
April 11, 2023
Page 2
ANALYSIS OF ISSUES:
On January 3, 2023, City staff published a Request for Proposals (RFP) (Attachment 2)
for a permanent City Attorney. After reviewing a competitive pool of proposals, the top
three firms were invited to participate in an interview with the City Council at a Special
Council Meeting on March 20, 2023. Best, Best & Krieger was selected as the preferred
appointee and an agreement for City Attorney services (Attachment 1) is ready for
approval by Council.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve the agreement and appoint Isaac Rosen, of Best Best & Krieger, as the
City Attorney; or
2. Provide other direction to staff.
ADVANTAGES:
Appointing a City Attorney ensures the City has the necessary legal expertise required to
conduct City business.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
Appointing Isaac Rosen of Best Best & Krieger as City Attorney 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 Agreement
2. Request for Proposals for City Attorney Services
Page 150 of 390
65501.00001\41118060.2
ATTACHMENT 1
- 1 -
LEGAL SERVICES AGREEMENT
AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES
BETWEEN
CITY OF ARROYO GRANDE
AND
BEST BEST & KRIEGER LLP
1. PARTIES AND DATE
This Agreement is made and entered into as of the day of April, 2023, by and
between the City of Arroyo Grande, a California municipal corporation (“Client”) and Best Best
& Krieger LLP, a limited liability partnership engaged in the practice of law (“BB&K”).
2. RECITALS
2.1 Client wishes to engage the services of BB&K as its City Attorney to perform all
necessary legal services for the Client on the terms set forth below.
3. TERMS.
3.1 Term. The term of this Agreement shall commence on April ____, 2023 and shall
continue in full force and effect until terminated in accordance with Section 3.12.
3.2 Scope of Services. BB&K shall serve as City Attorney and shall perform legal
services (“Services”) as may be required from time to time by the Client as set forth b y this
Agreement, unless otherwise agreed to by the Client and BB&K. As part of the Services to be
performed hereunder, BB&K shall be responsible for the following:
3.2.1 Preparation for, and attendance at, regular meetings of the Client;
3.2.2 Provision of legal counsel at such other meetings as directed by the Client;
3.2.3 Preparation or review of Client ordinances and resolutions, together with
such staff reports, orders, agreements, forms, notices, declarations, certificates, deeds, leases and
other documents as requested by the Client;
3.2.4 Rendering to the officers and employees of the Client legal advice and
opinions on all legal matters affecting the Client, including new legislation and court decisions, as
directed by the Client;
3.2.5 Researching and interpreting laws, court decisions and other legal
authorities in order to prepare legal opinions and to advise the Client on legal matters pertaining
to Client operations, as directed by the Client;
3.2.6 Performing legal work pertaining to property acquisition, property disposal,
public improvements, public rights-of-way and easements, as directed by the Client;
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3.2.7 Responding to inquiries and review for legal sufficiency ordinances,
resolutions, contracts, and administrative and personnel matters, as directed by the Client;
3.2.8 Representing and assisting on litigation matters, as directed by the Client.
Such services shall include, but shall not be limited to, the preparation for and making of
appearances, including preparing pleadings and petitions, making oral presentations, and preparing
answers, briefs or other documents on behalf of the Client, and any officer or employee of the
Client, in all federal and state courts of this State, and alternative dispute resolution officer, and
before any governmental board or commission, including reviewing, defending or assisting any
insurer of the Client or its agents or attorneys with respect to any lawsuit filed against the Client
or any officer or employee thereof, for money or damages.
ADDITIONAL SERVICES FOR AN ADDITIONAL FEE
3.2.9 BB&K’s Project 5 Program. Provides participants with memoranda
summarizing new changes in case law under the California Environmental Quality Act (“CEQA”),
an annually updated set of CEQA notices and forms to aid participants in meeting CEQA’s
requirements, an annually updated set of Local CEQA Guidelines and a draft Resolution for
adopting Local CEQA Guidelines, memoranda summarizing pending and recently passed CEQA
legislation, and other CEQA resources and materials. Memoranda, forms, and guidelines are
provided to participating agencies via the CEQA Guidelines Client Portal, a secure website
providing an on-demand and continually updating library of CEQA resources. By providing our
Project 5 Program updates to a large pool of participants, BB&K is able to divide the overall cost
of the products among all participants and charge only a fraction of the total costs to the individual
client agencies.
3.2.10 BB&K’s Advanced Records Center Services. Through its new Advanced
Records Center (“ARC”), BB&K combines its legal acumen and experience with cutting-edge
technology to provide comprehensive and cost-effective support for non-routine records-related
matters. Specifically, at the Client’s option, the ARC team will assist Client with non-routine
Public Records Act Processing and Policy Drafting, if needed.
3.2.11 BB&K Trainings. Best Best & Krieger LLP offers a variety of trainings
to public agency and private business leadership and staff on topics required by law, as well as
preventative and educational legal topics. The trainings are interactive and can be given onsite, via
live webinar or virtual on-demand. Some of our most popular trainings include AB 1234 Ethics,
Workplace Civility and Sexual Harassment Avoidance Training, The Brown Act “Open Meetings
Law,” Crystalizing Your Agency’s CPRA Policies & Procedures and SB 1343 Sexual Harassment
Avoidance Training for Non-Supervisors.
3.2.12 BB&K’s Election Law Center Subscription Services. Participants in
BB&K’s Election Law Center will be given access to up-to-date election document templates,
including resolutions and other mandatory election documents. The annual subscription also gives
participants access to BB&K’s Election Law Center hotline, which participants can use for
guidance on day-to-day election law questions that arise during campaign and election season.
3.3 Designated City Attorney. Isaac Rosen shall be designated as City Attorney, and
shall be responsible for the performance of all Services under this Agreement, including the
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supervision of Services performed by other members of BB&K. To the extent Isaac Rosen is
unable to attend meetings required of the City Attorney, including City Council meetings, a BB&K
team member of equivalent or additional experience shall serve temporarily for Isaac Rosen. Scott
Shapses shall be designated as Assistant City Attorney to provide back-up support to Isaac Rosen.
. No change in these assignments shall be made without the consent of the Client.
3.4 Time of Performance. The Services of BB&K shall be performed expeditiously in
the time frames and as directed by the Client.
3.5 Assistance. The Client agrees to provide all information and documents necessary
for the attorneys at BB&K to perform their obligations under this Agreement.
3.6 Independent Contractor. BB&K shall perform all legal services required under this
Agreement as an independent contractor of the Client and shall remain, at all times as to the Client,
a wholly independent contractor with only such obligations as are required under this Agreement.
Neither the Client, nor any of its employees, shall have any control over the manner, mode or
means by which BB&K, its agents or employees, render the legal services required under this
Agreement, except as otherwise set forth. The Client shall have no voice in the selection,
discharge, supervision or control of BB&K’s employees, representatives or agents, or in fixing
their number, compensation, or hours of service.
3.7 Fees and Costs. BB&K shall render and bill for legal services in the following
categories and at rates set forth in Exhibit “A” and in accordance with the BB&K Billing Policies
set forth in Exhibit “D”, both of which are attached hereto and incorporated herein by reference.
In addition, the Client shall reimburse BB&K for reasonable and necessary expenses incurred by
it in the performance of the Services under this Agreement. Authorized reimbursable expenses
shall include, but are not limited to, printing and copying expenses, mileage expenses at the rate
allowed by the Internal Revenue Service, toll road expenses, long distance telephone and facsimile
tolls, computerized research time (e.g. Lexis or Westlaw), research services performed by BB&K’s
library staff, extraordinary mail or delivery costs (e.g. courier, overnight and express delivery),
court fees and similar costs relating to the Services that are generally chargeable to a client.
However, no separate charge shall be made by BB&K for secretarial or word processing services.
3.8 Billing. BB&K shall submit monthly to the Client a detailed statement of account
for Services. The Client shall review BB&K’s monthly statements and pay BB&K for Services
rendered and costs incurred, as provided for in this Agreement, on a monthly basis.
3.9 Annual Reviews. The Client and BB&K agree that a review of performance and
the compensation amounts referenced in this Agreement should occur at least annually.
3.10 Insurance. BB&K carries errors and omissions insurance with Lloyd’s of London.
After a standard deductible, this insurance provides coverage beyond what is required by the State
of California. A declaration page containing information about BB&K’s errors and omissions
insurance policy is available upon Client’s request.
3.11 Attorney-Client Privilege. Confidential communication between the Client and
BB&K shall be covered by the attorney-client privilege. As used in this article, “confidential
communication” means information transmitted between the Client and BB&K in the course of
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the relationship covered by this Agreement and in confidence by a means that, so far as the Client
is aware, discloses the information to no third persons other than those who are present to further
the interests of the Client in the consultation or those to whom disclosure is reasonably necessary
for the transmission of the information or the accomplishment of the purpose for which BB&K is
consulted, and includes any legal opinion formed and advice given by BB&K in the course of this
relationship.
3.12 Termination of Agreement and Legal Services. This Agreement and the Services
rendered under it may be terminated at any time upon thirty (30) days’ prior written notice from
either party, with or without cause. In the event of such termination, BB&K shall be paid for all
Services authorized by the Client and performed up through and including the effective date of
termination. BB&K shall also be reimbursed for all costs associated with transitioning any files
or other data or documents to a new law firm or returning them to the Client.
3.13 Entire Agreement. This Agreement contains the entire Agreement of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements.
3.14 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in San Luis Obispo County.
3.15 Amendment; Modification. No supplement, modification or amendment of this
Agreement shall be binding unless executed in writing and signed by both parties.
3.16 Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a party shall give the other party any contractual rights
by custom, estoppel, or otherwise.
3.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
3.19 Delivery of Notices. All notices permitted or required under this Agreement notices
shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after
deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable
address. Actual notice shall be deemed adequate notice on the date actual notice occurred,
regardless of the method of service. All notices permitted or required under this Agreement shall
be given to the respective parties at the following address, or at such other address as the respective
parties may provide in writing for this purpose:
Client: City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
Attention: Ms. Whitney McDonald
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BB&K: Best Best & Krieger LLP
300 S. Grand Ave., 25th Floor
Los Angeles, CA 90071
Attention: Isaac Rosen
3.20 Indemnification.
(A) BB&K agrees to indemnify City / Agency, its officers, employees and agents
against, and will hold and save each of them harmless from, any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities
(herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising
from the negligent acts or omissions of BB&K hereunder, or arising from BB&K’s negligent
performance of any term, provision, covenant or condition of this Agreement, except to the extent
such claims or liabilities arise from the negligence or willful misconduct of City, its officers, agents
or employees.
(B) City acknowledges BB&K is being appointed as City Attorney pursuant to the
authority of Government Code Section 36505, and has the authority of that office. Accordingly,
the City is responsible pursuant to Government Code Section 825 for providing a defense for the
City Attorney for actions within the scope of its engagement hereunder. Therefore, City agrees to
undertake its statutory duty and indemnify BB&K, its officers, employees and agents against and
will hold and save each of them harmless from, any and all claims or liabilities that may be asserted
or claims by any person, firm or entity arising out of or in connection with the work, operations or
activities of BB&K within the course and scope of its performance hereunder, but nothing herein
shall require City to indemnify BB&K for liability arising from its own negligence or alleged
negligence. In connection herewith:
(i) City will promptly provide a defense and pay any judgment rendered against
the City, its officers, agency or employees for any such claims or liabilities arising out of or in
connection with such work, operations or activities of City hereunder; and
(ii) In the event BB&K, its officers, agents or employees is made a party to any
action or proceeding filed or prosecuted against City for such damages or other claims solely
arising out of or in connection with the work operation or activities of City hereunder, City agrees
to pay to BB&K, its officers, agents or employees any and all costs and expenses incurred by
attorney, its officers, agents or employees in such action or proceeding, including, but not limited
to, legal costs and attorneys’ fees.
IN WITNESS WHEREOF, the Client and BB&K have executed this Agreement for City
Attorney Legal Services as of the date first written above.
(SIGNATURES CONTAINED ON FOLLOWING PAGE)
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SIGNATURE PAGE TO
AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES
BETWEEN
CITY OF ARROYO GRANDE
AND
BEST BEST & KRIEGER LLP
CITY OF ARROYO GRANDE:
By:
CAREN RAY RUSSOM
MAYOR
Date: April , 2023
ATTEST:
By:
JESSICA MATSON
CITY CLERK
Date: April___, 2023
BEST BEST & KRIEGER LLP:
By:
ISAAC ROSEN
OF COUNSEL
Date: April , 2023
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A-1
EXHIBIT A
TO
AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES
BETWEEN
CITY OF ARROYO GRANDE
BEST BEST & KRIEGER LLP
BILLING ARRANGEMENTS
1. Basic Legal Services - Description. Basic legal services shall include all services provided
to Client that are not otherwise specifically identified below as either Special Legal Services, Third
Party Reimbursable Legal Services, or Public Finance Legal Services (“Basic Legal Services”).
2. Basic Legal Services – Rates. The Client shall pay for Basic Legal Services at the
following rates:
Attorneys $205
Paralegals, Law Clerks, Analysts $155
Other titles may be used in our legal services. Please refer to section 6 of this Exhibit for those
other personnel titles and rates.
3. Special Legal Services - Description. Special Legal Services shall include the following
types of services:
A. Litigation and formal administrative or other adjudicatory hearing matters
B. Labor relations and employment matters
C. Non-routine real estate matters (e.g. CC&R’s, deed or title work)
D. Land acquisition and disposal matters (including pre-condemnation)
E. Successor Agency and housing matters
F. Taxes, fees and charges matters (e.g. Prop. 218 & Mitigation Fee Act)
G. Public construction disputes
H. Non-routine contract negotiation matters (including non-BB&K model agreements
and franchise agreements)
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I. Non-routine land use and development matters (including general plan updates,
Williamson Act issues, annexations and development agreements)
J. Environmental matters (e.g. CEQA, NEPA, endangered species)
K. Water law matters
L. Tax and ERISA related matters
M. Toxic substances matters (e.g. CERCLA, RCRA)
N. Complex public utility matters (e.g. electric, natural gas, telecommunications,
water, rail or transit that involve state or federal regulatory issues)
O. Renewable energy and energy efficiency project contracts and power purchase
agreements
P. Intergovernmental Relations and Advocacy efforts (e.g. legislative and regulatory
representation) at the federal and state level.
Q. Non-routine election law matters, including election law litigation.
R. PRA Policy drafting including reviewing, assessing, and updating records -related
policies to reflect current legal standards and best practices.
S. Other matters mutually agreed upon between BBK and the City Manager.
4. Special Legal Services – Rates. The Client shall pay for Special Legal Services at the
following rates:
Attorneys $325
Paralegal, Law Clerks, Analysts $165
Other titles may be used in our legal services. Please refer to section 6 of this Exhibit for those
other personnel titles and rates.
5. Agreement Regarding Rate Categories. If BB&K believes that a matter falls within the
Special Legal Services, Third Party Reimbursable Legal Services, or Public Finance Legal
Services rate categories, BB&K shall seek approval from the City Manager or his/her designee.
The City Manager’s or her designee’s approval of such a request from BB&K shall not be
unreasonably withheld.
6. Other Billing Personnel. Additional billing personnel may be employed in the provision
of legal services by BB&K. If, as, and when BB&K employs additional or different billing
personnel, BB&K shall do so with prior written approval from the City Manager. The titles of
other billing personnel include, but are not limited to the following:
Government Affairs/Advocacy
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Consultants
Administrative Assistants
(for docketing and audit letter responses)
If, as, and when BB&K employs additional or different billing personnel, this Agreement may be
supplemented by written administrative memoranda, providing for the categories and billing rates
for such personnel, which memoranda may be approved by the City Manager.
7. Annual Adjustments.
The above rates and retainer amounts will be adjusted annually using the cost of living
index. At the start of the Client’s fiscal year, July 1, 2024, and every July thereafter during the
term of this Agreement, rates and amounts shall be increased for the change in the cost of living
for the most recently published twelve (12) month period, as shown by the U.S. Department of
Labor in its All Urban Consumers Index set forth in the Los Angeles-Long Beach-Anaheim, CA,
area provided, however, that such adjustment shall never be lower than zero percent (0%) nor more
than four percent (4%). In addition to the automatic rate increases, either BB&K or the Client may
initiate consideration of a rate increase at any time.
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B-1
EXHIBIT B
TO
AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES
BETWEEN
CITY OF ARROYO GRANDE
AND
BEST BEST & KRIEGER LLP
THIRD PARTY REIMBURSABLE BILLING POLICIES
1. Third Party Reimbursable Legal Services - Description. Third Party Reimbursable Legal
Services shall include legal services provided to the City for which the City receives
reimbursement from a developer or other third party. These reimbursable legal services include,
but are not limited to, negotiation and review of development agreements, planning entitlements,
review of CC&Rs; establishment of financing districts (i.e., Community Facilities Districts;
Assessment Districts; Landscape and Lighting Maintenance Districts); the processing of land
use/environmental projects for which the City is entitled to reimbursement, as well as defending
any challenges to project entitlements or any dispute or litigation related to such reimbursable legal
services.
2. Third Party Reimbursable Legal Services - Rates. The Client shall pay for Third Party
Reimbursable Legal Services at BB&K’s then current published standard private client rates,
minus ten percent (10%). Upon execution of this Agreement, BB&K shall provide a copy of its
published rate schedule to the Client. BB&K shall also provide annual written updates to the
Client when changes are made to the published rate schedule.
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EXHIBIT C
TO
AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES
BETWEEN
CITY OF ARROYO GRANDE
AND
BEST BEST & KRIEGER LLP
PUBLIC FINANCE & BOND BILLING POLICIES
1. Public Finance & Bond Rates. BB&K will provide bond counsel, special counsel or
disclosure counsel services at the request of the Client. Such bond counsel and special counsel
services include the preparation of all legislative approvals and legal documentation relating to the
appropriate sale and delivery of the bonds, notes or other obligations. BB&K will also prepare
such closing certificates and legal opinions necessary for the delivery of the bonds. As disclosure
counsel, we will prepare the disclosure documents for the Client and conduct the necessary due
diligence related to the transaction. Our fees will be determined based upon the type of financing
and the expected involvement of the attorneys involved. We will provide the Client with a detailed
description of our services and our fees and reimbursable costs upon the Client’s request.
Notwithstanding the foregoing, in those cases where the fees are reimbursable by a third party, at
BB&K’s option it may proceed on an hourly basis and utilize the Third Party Reimbursable Legal
Services category provided for in this Amendment, including with respect to services rendered for
the formation of, or annexation to, a CFD (of either the City or other local public agency), as well
as the negotiation and preparation of funding agreements and joint financing agreements. Legal
services related to the Client’s compliance with its continuing disclosure covenants and provide
such necessary advice on the Client’s compliance shall be billed as Special Legal Services, above.
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D-1
EXHIBIT D
TO
AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES
BETWEEN
CITY OF ARROYO GRANDE
AND
BEST BEST & KRIEGER LLP
BB&K BILLING POLICIES
Our century of experience has shown that the attorney-client relationship works best when
there is mutual understanding about fees, expenses, billing and payment terms. Therefore, this
statement is intended to explain our billing policies and procedures. Clients are encouraged to
discuss with us any questions they have about these policies and procedures. Clients may direct
specific questions about a bill to the attorney with whom the client works or to our Accounts
Receivable Department (accounts.receivable@bbklaw.com). Any specific billing arrangements
different from those set forth below will be confirmed in a separate written agreement between the
client and the firm.
INVOICE AND PAYMENT OPTIONS
Best Best & Krieger strives to meet our clients’ needs in terms of providing a wide variety
of invoice types, delivery and payment options. Please indicate those needs including the preferred
method of invoice delivery (Invoice via Email; or USPS). In addition,
accounts.receivable@bbklaw.com can provide a W-9 upon request and discuss various accepted
payment methods.
FEES FOR ELECTRONICALLY STORED INFORMATION (“ESI”) SUPPORT AND
STORAGE
BBK provides Electronically Stored Information (“ESI”) services for matters requiring ESI
support – typically litigation or threatened litigation matters. BBK provides services for basic
ESI processing and storage at the following rates per month based on the number of gigabytes of
data (“GB”) processed and stored:
1GB -250GB: $10 per GB
251GB - 550GB: $8 per GB
551GB - 750GB: $6 per GB
751GB - 1TB: $4 per GB
The amount BBK charges for basic processing and storage of ESI allows BBK to recover
the costs of providing such services, plus a net profit for BBK. BBK believes that the rates it
charges for processing and storage are lower than comparable services available from third party
vendors in the market. If you wish to contract separately with a third party vendor for processing
and storage costs, please notify BBK in writing. BBK also provides advanced ESI processing
services at hourly rates for personnel in its Litigation Support Group. A copy of BBK ’s current
rates for such services will be provided upon request. BBK shall not incur costs for ESI support
on a particular matter without first confirming by email or written correspondence with the client
that the client agrees such services are necessary for the matter at hand.
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D-2
FEES FOR PROFESSIONAL SERVICES
Unless a flat fee is set forth in our engagement letter with a client, our fees for the legal
work we will undertake will be based in substantial part on time spent by personnel in our office
on that client’s behalf. In special circumstances which will be discussed with the client and agreed
upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time or other
special limitations imposed by the client.
Hourly rates are set to reflect the skill and experience of the attorney or other legal
personnel rendering services on the client’s behalf. All legal services are billed in one-tenth of an
hour (0.10/hour) or six-minute increments. Our attorneys are currently billed at rates from $235
to $895 per hour, and our administrative assistants, research assistants, municipal analysts,
litigation analysts, paralegals, paraprofessionals and law clerks are billed at rates from $175 to
$315 per hour for new work. These rates reflect the ranges in both our public and our private rates.
These hourly rates are reviewed annually to accommodate rising firm costs and to reflect changes
in attorney status as lawyers attain new levels of legal experience. Any increases resulting from
such reviews will be instituted automatically and will apply to each affected client, after advance
notice.
Non-Attorney Personnel: BBK may employ the services of non-attorney personnel under
the supervision of a BBK attorney in order to perform services called for in the legal services
agreement. The most common non-attorney personnel utilized are paralegals. Other types of non-
attorney personnel include, but are not limited to, case clerks, litigation analysts, and specialty
consultants. The client agrees that BBK may use such non-attorney personnel to perform its
services when it is reasonably necessary in the judgment of the responsible BBK attorney. Hourly
fees for non-attorney personnel will be charged at the rate then in effect for such personnel. A
copy of BBK’s current rates and titles for non-attorney personnel will be provided upon request.
FEES FOR OTHER SERVICES, COSTS AND EXPENSES
We attempt to serve all our clients with the most effective support systems available.
Therefore, in addition to fees for professional legal services, we also charge separately for some
other services and expenses to the extent of their use by individual clients. These charges include
but are not limited to, mileage at the current IRS approved rate per mile, extraordinary telephone
and document delivery charges, copying charges, computerized research, court filing fees and
other court-related expenditures including court reporter and transcription fees. No separate
charge is made for secretarial or word processing services; those costs are included within the
above hourly rates.
We may need to advance costs and incur expenses on your behalf on an ongoing basis.
These items are separate and apart from attorneys’ fees and, as they are out-of-pocket charges, we
need to have sufficient funds on hand from you to pay them when due. We will advise the client
from time to time when we expect items of significant cost to be incurred, and it is required that
the client send us advances to cover those costs before they are due.
ADVANCE DEPOSIT TOWARD FEES AND COSTS
Because new client matters involve both a substantial undertaking by our firm and the
establishment of client credit with our accounting office, we require an advance payment from
clients. The amount of this advance deposit is determined on a case-by-case basis discussed first
with the client, and is specified in our engagement letter.
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Upon receipt, the advance deposit will be deposited into the firm’s client trust account.
Our monthly billings will reflect such applications of the advance deposit to costs and not to
attorney’s fees (unless otherwise noted in our accompanying engagement letter). At the end of
engagement, we will apply any remaining balance first to costs and then to fees. We also reserve
the right to require increases or renewals of these advanced deposits.
By signing the initial engagement letter, each client is agreeing that trust account balances
may be withdrawn and applied to costs as they are incurred and to our billings, when we issue our
invoice to the client. If we succeed in resolving your matter before the amounts deposited are
used, any balance will be promptly refunded.
MONTHLY INVOICES AND PAYMENT
Best Best & Krieger LLP provides our clients with monthly invoices for legal services
performed and expenses incurred. Invoices are due and payable upon receipt.
Each monthly invoice reflects both professional and other fees for services rendered
through the end of the prior month, as well as expenses incurred on the client’s behalf that have
been processed by the end of the prior month. Processing of some expenses is delayed until the
next month and billed thereafter.
Our fees are not contingent upon any aspect of the matter and are due upon receipt. All
billings are due and payable within ten days of presentation unless the full amount is covered by
the balance of an advance held in our trust account.
It is our policy to treat every question about a bill promptly and fairly. It is also our policy
that if a client does not pay an invoice within 60 days of mailing, we assume the client is, for
whatever reason, refusing to pay. We reserve the right to terminate our engagement and withdraw
as attorney of record whenever our invoices are not paid. If an invoice is 60 days late, however,
we may advise the client by letter that the client must pay the invoice within 14 days or the firm
will take appropriate steps to withdraw as attorney of record. If the delay is caused by a problem
in the invoice, we must rely upon the client to raise that with us during the 14-day period. This
same policy applies to fee arrangements which require the client to replenish fee deposits or make
deposits for anticipated costs.
From time to time clients have questions about the format of the bill or description of work
performed. If you have any such questions, please ask them when you receive the bill so we may
address them on a current basis.
CHANGES IN FEE ARRANGEMENTS AND BUDGETS
It may be necessary under certain circumstances for a client to increase the size of required
advances for fees after the commencement of our engagement and depending upon the scope of
the work. For example, prior to a protracted trial or hearing, the firm may require a further advance
payment to the firm’s trust account sufficient to cover expected fees. Any such changes in fee
arrangements will be discussed with the client and mutually agreed in writing.
Because of the uncertainties involved, any estimates of anticipated fees that we provide at
the request of a client for budgeting purposes, or otherwise, can only be an approximation of
potential fees.
BEST BEST & KRIEGER LLP
Page 164 of 390
REQUEST FOR PROPOSAL
FOR
CITY ATTORNEY SERVICES
DEADLINE FOR PROPOSALS: February 6, 2023
Attachment 2
Page 165 of 390
City of Arroyo Grande
RFP: City Attorney Services
Page 1
Contents
GENERAL INFORMATION..........................................................................................................................2
Schedule of Proposal activities (ALL TIMES PACIFIC)................................................................................2
DISCRETION AND LIABILITY WAIVER......................................................................................................3
OUTLINE OF SERVICES TO BE PROVIDED.............................................................................................4
FORMAT OF PROPOSAL............................................................................................................................5
EVALUATION OF PROPOSALS..................................................................................................................8
FINAL COMMENTS......................................................................................................................................8
ATTACHMENT A - SAMPLE CITY CONTRACT..........................................................................................9
Page 166 of 390
City of Arroyo Grande
RFP: City Attorney Services
Page 2
GENERAL INFORMATION
The City of Arroyo Grande is located on California’s central coast,approximately half way
between Los Angeles and San Francisco,and has a population of approximately 18,441.The
City is a General Law city,operating under the City Council/City Manager form of government.
Arroyo Grande is a full-service city,with police,streets,engineering,planning,building,parks,
recreation,water,and sewer services.Fire services are provided through the Five Cities Fire
Authority,a joint powers authority established between the City of Arroyo Grande,the City of
Grover Beach, and the Oceano Community Services District.
The City Attorney is appointed by and serves at the will and pleasure of the City Council.The
City
Manager,who is also appointed by the City Council,is responsible for the day-to-day
operations, as well as establishing and maintaining effective operations.
The City’s budget for FY 2022-23 is $48.3 million,of which $23.3 million represents the City’s
General Fund.Actual expenditures for legal services,including special legal services,for FY
2020-21 was $250,625 and for FY 2021-22 was $262,145.The City’s FY 2022-23 Annual
Budget includes an appropriation of $290,000 for legal services.The City is represented in
water law and labor matters, as well as tort defense, by special counsel.
The City of Arroyo Grande is requesting interested full-service law firms with experience
advising and representing California municipalities to submit proposals to provide legal services
to the City of Arroyo Grande.An individual from the firm will be designated as the City Attorney,
with other firm attorneys to be available as appropriate.The firm must possess a broad
knowledge of municipal law,including open meetings laws,contracts,planning and land use,
real estate,revenue laws,the Public Records Act,and code enforcement.Familiarity with labor
law,state and federal court practice,tort defense,workers’compensation,and water law is also
expected, although the City retains the right to continue retaining specialized counsel.
The City will select and negotiate with the qualified firm(s)whose competitive proposals are
responsive to this RFP and are in the best interest of the City.Any competitive proposal
submitted in response to this RFP must provide sufficient detail and information to complete an
evaluation of its merits.The instructions contained herein must be followed in order for
competitive proposals to be considered responsive to this RFP.The City reserves the right to
reject any, or all proposals.
Schedule of Proposal activities (ALL TIMES PACIFIC)
Schedule
Distribution of RFP January 3, 2023
Deadline for submission of questions to be
addressed at the Pre-Proposal Zoom meeting
January 20, 2023
Optional Pre-Proposal Zoom meeting January 23, 2023 1:00 pm
Proposal submission February 6, 2023 5:00 pm
Proposal review February 7 – February 17, 2023
Notification to all proposers By February 22, 2023
Oral presentations, as needed Week of February 27, 2023
Contract approval by City Council March 28, 2023
Services to commence By April 1, 2023
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The City has made every effort to include sufficient information within this Request for Proposal
for a firm to prepare a responsive,comprehensive proposal.In order to achieve an equitable
dissemination of information,a pre-proposal zoom meeting will be held to allow all interested
firms/consultants to ask questions for the mutual benefit of all involved.The timing of the
proposal process is subject to change,depending on the needs of the City,but is anticipated as
follows:
a)Distribution of Request for Proposals: January 3, 2023
b)Optional Pre-proposal Zoom meeting:City staff will meet collectively with firm/
representatives seeking additional information about the proposal process and the RFP.All
firms interested in submitting a proposal are encouraged to attend the pre-proposal
teleconference.The Zoom is scheduled for January 23,2023,beginning at 1:00 pm (PST).
Zoom log in information can be obtained by contacting Aleah Bergam at
abergam@arroyogrande.org no later than January 22, 2023.Additionally,any questions to
be addressed at the zoom meeting should be submitted via email to Aleah Bergam at
abergam@arroyogrande.org no later than January 20, 2023.
c)Proposal Submission:Proposals must be clearly marked and delivered directly to the City
Manager’s Office no later than 5:00 pm, February 6, 2023.Late submissions after the
deadline will not be accepted.A total of one (1) hard copy and an electronic version of the
identical proposal must be submitted and labeled as follows:
City of Arroyo Grande
Attention: Whitney McDonald, City Manager
City Attorney Services RFP
300 East Branch Street
Arroyo Grande, CA 93420
For the electronic submission, email Aleah Bergam at abergam@arroyogrande.org no later
than February 1, 2023 to receive a Dropbox invitation for the electronic proposal upload.
d)Proposal Review:A review committee will evaluate each proposal submitted.It is
anticipated that the review process will be completed by February 17, 2023.
e)Notification to all proposers:We anticipate sending written notification to all firms
regarding the outcome of the review and contract award process by February 22, 2023.
f)Oral Presentations,as needed:During the notification to all proposers,finalists will be
notified to schedule an oral interview during the week of February 27-March 3,2023.Oral
Interviews will take place either in person or via Zoom.
g)Notification to finalists:All finalists will be notified of final decision by March 28,2023.
Upon written request,we will provide a copy of the successful proposal once the contract is
executed.
DISCRETION AND LIABILITY WAIVER
The City reserves the right to exercise discretion,and apply its judgment with respect to all
proposals submitted.
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The City reserves the right to reject all proposals,either in part or in its entirety,or to request
and obtain,from one or more of the consulting firms submitting proposals,supplementary
information as may be necessary for City staff to analyze the proposals.
The consultant,by submitting a response to this RFP,waives all right to protest or seek any
legal remedies whatsoever regarding any aspect of this RFP.Although,it is the City’s intent to
choose only a small number of most qualified legal teams to interview with the City,the City
reserves the right to choose any number of qualified finalists.
This RFP does not commit the City to award a contract,to defray any costs incurred in the
preparation of a proposal pursuant to this RFP, or to procure or contract for work.
All proposals submitted in response to this RFP become the property of the City and public
records and,as such,may be subject to public review.The City reserves the right to cancel,in
part or in its entirety,this RFP including,but not limited to:selection procedures,submittal date,
and submittal requirements.If the City cancels or revises the RFP,all interested firms will be
notified using email.
OUTLINE OF SERVICES TO BE PROVIDED
Basic Services
Basic services,for the purpose of this proposal,shall include those legal services generally
understood within the field of municipal law to fall within the category of “general counsel”work,
and shall include, but not necessarily limited to, the following:
1.Routine legal advice,telephone,and personal consultations with the City Council,City
Manager, and department heads, or authorized representatives.
2.Assistance in the preparation and review of ordinances,resolutions,agreements,contracts,
forms, notices, certificates, deeds, and other documents required by the City.
3.Attendance at all City Council regular and special meetings,study sessions,and closed
sessions.Regular City Council meetings are held on the second and fourth Tuesday of each
month,beginning at 6:00 p.m.and may be preceded by a closed session typically beginning
at 5:00 p.m.
4.Serve as legal counsel to the Successor Agency and other such bodies as may be created
and represented by or for the City Council,and which meet regularly or periodically or on an
as-needed basis.
5.Attendance at Planning Commission regular meetings,special meetings,and study
sessions,as needed.The Planning Commission meets the first and third Tuesday of each
month, beginning at 6:00 p.m.
6.Attendance at all other board, commission, and committee meetings upon request.
7.Attendance at weekly executive staff meetings,and other meetings with City staff upon
request.
8.Legal advice and opinions concerning legal matters that affect the City.
9.Guidance on City personnel matters, including employee disciplinary and grievance matters.
10.Legal work pertaining to property acquisitions,property disposals,public improvements,
easement dedications, and right-of-way abandonments.
11.Legal advice and opinions concerning municipal revenue issues,including Proposition 218,
Mitigation Fee Act, and general and special tax matters.
12.Enforcement of City codes,zoning regulations,and building standards through
administrative and judicial actions.
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13.Monitoring of pending and current state and federal legislation and court decisions,as
appropriate.
14.Perform City prosecutor functions on the Arroyo Grande Municipal Code violations and code
enforcement operations.
15.Coordination,monitoring,and reporting of outside legal counsel work,as needed,and as
directed by the City Council and City Manager.
16.Provide established regular office hours at City Hall,preferably once a week for
approximately three (3) hours.
Special Services
The law firm selected by the City will also be required to furnish special legal services on an “as-
needed” basis when directed by the City Manager. The City retains the right to use the services
of separate legal counsel for special services as it has historically, including water law and labor
counsel.
Special services may include,but are not limited to:research,preparation and follow-through on
various matters including public financing,public contracts and construction,law enforcement,
including Pitchess motions,and matters involving litigation affecting the City,such as California
Environmental Quality Act litigation.This may also include collection of performance bonds on
construction contracts and pursuing litigation to collect damages due to the City.Additionally,
this may include litigation related to general liability and land use decisions.
FORMAT OF PROPOSAL
Transmittal Letter:The letter should provide a summary of the proposal,concisely describing
the services provided. The letter should be addressed to Whitney McDonald.
Firm Profile: Please respond to the following questions:
1)Please describe your firm’s qualifications for providing City legal services.Include in your
Response:
a)The overall capabilities,qualifications,training,and areas of expertise for each of the
partners/principals and associates that may be assigned to work with the City,including
but not limited to:
i)Name of individual(s) with resumes;
ii)Length of employment with firm;
iii)Specialization;
iv)Legal training;
v)Scholastic honors and professional affiliations;
vi)Date of admittance to California Bar;
vii)Years of practice;
viii)Municipal or other local public sector experience;
ix)Knowledge of, and experience with California Municipal Law;
x)Years and statement of other types of clientele represented;
xi)Litigation experience and track record;
xii)Knowledge and practice of law relating to land use and planning,California
Environmental Quality Act (CEQA),National Environmental Protection Act (NEPA),
general plans,real estate,environmental issues,hazardous waste,and other related
law;
xiii)Experience in the area of personnel,workers’compensation,general liability,and
employee relations;
xiv)Experience in the area of contracts and franchises;
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xv)Experience in the area of municipal revenue generation,including Proposition 218,
Mitigation Fee Act, and tax mechanisms;
xvi)Experience in the preparation and review of ordinances and resolutions;
xvii)Experience in the area of the Public Records Act,the Brown Act,Political Reform
Act and the Elections Code; and
xviii)If the firm,or any of the attorneys employed by the firm,have ever been
successfully sued for malpractice,been the subject of complaints filed with the State
Bar,or had discipline imposed by the State Bar,please provide information on the
nature of the incident,the dates on which the matter began and was concluded,and
the results of the situation.
b)Specify the individual that you propose for appointment as City Attorney and reasons for
recommendation.
c)Specify the individual(s),if any,that you would propose as Assistant or Deputy City
Attorney,and/or who would be designated as competent,substitute/backup legal
representation for the City in the event of the absence or unavailability of the City
Attorney.
d)Describe how you would structure the working relationship between the City Attorney
and the City Council, City Manager, Department Heads, and other members of staff.
e)Specify intended office location and accessibility to the City’s needs,including proposal
for hours and day(s) of week for regular established office hours at City Hall.
f)Describe systems/mechanisms that would be established to ensure timeliness of
response to City Council and City Staff.
g)Define the standard time frames for response by the City Attorney to direction and/or
inquiry from the City Council/City Manager.
h)Describe systems/mechanisms that would be established for monthly reporting of status
of projects, requests, and litigation.
i)Describe the process for transmittal of requests and other material to City Attorney.
j)Describe the staffing of your office.Include any changes you would propose,now or in
the future, should you be awarded a contract to provide legal services to the City.
k)Describe your preference for method of payment and your procedure for billing of work
and expenses and any other accounting requirements.
l)It is anticipated that the City will contractually require monthly-itemized statements for all
services and will subject these statements to audit at least annually.Describe how you
would provide for this reporting.
m)Describe the computer resources currently utilized within your office.It will be a
requirement that the City Attorney utilize Microsoft Word for word-processing for all
documents.
n)The City will require the firm with which a contract is established,prior to
commencement of work,to provide evidence of appropriate professional liability
insurance,errors and omissions insurance,and workers compensation insurance
coverage as needed.Describe how you would provide same and in what coverage
amounts.Such coverage must be provided by an insurance company(ies)authorized to
do business in the State of California.Certificates must name the City as an Additional
Insured and shall provide that contractor's policy is primary over any insurance carried
by the City and that the policy will not be cancelled or materially changed without thirty
(30)days prior notice in writing to the City.The successful firm must agree,if awarded a
contract as a result of its proposal,to indemnify and hold harmless the City,its officers,
agents,and employees from any and all claims and losses accruing or resulting to
persons engaged in the work contemplated by its proposal,or to persons who may be
injured or damaged by the firm,or its agents in the performance of the work.Prior to
commencement of any work,these and other provisions will be established
contractually.
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2)Additionally,please describe your firm’s qualifications and individual(s),if any,which you
would propose to provide the following special legal services:
a)Code enforcement, including prosecution of Municipal Code citations;
b)Labor and employment,including disability law rights and obligations,workers’
compensation, employee relations and negotiations and employee discrimination claims;
c)Public financing;
d)Public contracts and construction.
3)Specify the individual(s),if any,that you would propose as serving as a police
liability/litigation specialist.This will include Pitchess motions.Please describe your range of
experience in these matters.
Current Practices/Conflict of Interest
1.Please list any political contributions of money,in-kind services,or loans made to any
member of a City Council within the last three years by the applicant law firm and all of its
attorneys (including the attorney being proposed to represent the City of Arroyo Grande).
2.Please list all public clients for which you or your firm currently provide services,or are
under retainer.
3.Please list all public clients for which you or your firm previously provided services for over
the last five years.
4.Please list all current or former clients residing in,having an interest in a business,or
owning an interest in property within the City of Arroyo Grande within the past three years.
5.For the firm,and/or the proposed City Attorney,please specify current or known future
professional commitments so the City may evaluate your continuing availability for providing
legal services to the City.
Additional Information:Describe any other information not previously mentioned that the
consultant believes should be given consideration.This could include any additional tasks not
included in the Required Services section above.
References:Please provide three (3)professional and three (3)personal references for the
individual recommended for appointment as the City Attorney.Include with each,the name,
address, and work telephone number of the reference.
Pricing:Provide a fee schedule for providing legal services within the scope of work as outlined
in the proposal and beyond. The fee schedule should include the following:
i.The proposed hourly rate for Basic Services,which,for the purpose of this proposal,
shall include those legal services generally understood within the field of municipal law
to fall within the category of “general counsel”work as described in the Basic Services
section above.
ii.The proposed hourly rates for Special Services,which,for the purpose of this proposal,
shall include those legal services generally understood within the field of municipal law
to fall within the category of special municipal services,also described above under the
Special Services section.
iii.Type and unit rates for reimbursement of expenses;for example,rate for mileage,
reproduction of documents or word processing charges.
Addenda
The City may modify,clarify or interpret the Request for Proposals by sending an addendum to
each Firm/Individual(s)that has been issued a proposal package.Any such addendum shall
become a part of the package and of any contract awarded.The City is not responsible for any
other explanation or interpretation.
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EVALUATION OF PROPOSALS
Proposals will be evaluated based on the following criteria:
1.Depth and breadth of experience and expertise in the practice of law, most specifically in
those areas most often encountered in municipal government operations;
2.Capability to perform legal services promptly and in a manner that permits the City Council
and staff to meet established deadlines and to operate in an effective and efficient manner;
3.Degree of availability for quick response to inquiries that arise out of day-to-day operating
questions or problems;
4.Degree to which firm and individual attorneys stay current through continued professional
development and active communication with practitioners in the municipal law field;
5.Communication skills;
6.Cost of services; and
7.Other qualifications/criteria as deemed appropriate by the City Council.
Proposals will be screened and ranked by the City staff and/or City Council Subcommittee.
During the evaluation process,the City reserves the right,where it may serve the City’s best
interest,to request additional information or clarification from proposing firms,or to allow
corrections of errors or omissions.References and qualifications of the top firms will be verified.
The City Council will conduct interviews of the top candidates and make the final selection.
The successful Proposer will be required to enter into a Consultant Services Agreement with the
City of Arroyo Grande.Please provide a proposed form of agreement for the services.For
reference,the City’s currently used Consultant Services Agreement (Attachment A)is included
with this RFP.The contract will require that the law firm selected as City Attorney maintain
general liability,automobile,workers’compensation and errors and omissions insurance.The
contract will also contain provisions requiring the selected law firm to indemnify the City and
providing that the City Attorney is an independent contractor serving at the will and pleasure of
the City Council.Provisions will also be included in the contract allowing the City Council to
terminate the agreement, at its sole and entire discretion, upon the provision of notice.
FINAL COMMENTS
The City reserves the right to reject any and all proposals,cancel all or part of this RFP,waive
any minor irregularities and to request additional information from proposing firms.By
requesting proposals,the City is in no way obligated to award a contract or pay expenses of the
proposing consultant in connection with the preparation or submission of a proposal.
The City’s decision to award a contract will be based many factors including but not limited to
service,cost,experience,and quality.No single factor,such as cost,will determine the final
decision to award.
The City of Arroyo Grande appreciates the efforts all the consultants have put forth in
responding to the Request for Proposal.
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ATTACHMENT A - SAMPLE CITY CONTRACT
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT FOR CONSULTANT SERVICES (“Agreement”),is made and
effective as of _________________2023,between ____________________
(“Consultant”),and the CITY OF ARROYO GRANDE,a Municipal Corporation (“City”).
In consideration of the mutual covenants and conditions set forth herein,the parties
agree as follows:
1.TERM
This Agreement shall commence on ____________________,2023 and shall
remain and continue in effect until ____________________________,2023,unless
sooner terminated pursuant to the provisions of this Agreement.
2.SERVICES
Consultant shall perform the tasks described and comply with all terms and
provisions set forth in Exhibit “A”,attached hereto and incorporated herein by this
reference.
3.PERFORMANCE
Consultant shall at all times faithfully,competently and to the best of his/her
ability,experience and talent,perform all tasks described herein.Consultant shall
employ,at a minimum generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4.AGREEMENT ADMINISTRATION
City’s ____________________shall represent City in all matters pertaining to
the administration of this Agreement.____________________shall represent
Consultant in all matters pertaining to the administration of this Agreement.
5.PAYMENT
The City agrees to pay the Consultant in accordance with the payment rates and
terms set forth in Exhibit “B”, attached hereto and incorporated herein by this reference.
6.SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a)The City may at any time,for any reason,with or without cause,suspend
or terminate this Agreement,or any portion hereof,by serving upon the Consultant at
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least ten (10)days prior written notice.Upon receipt of said notice,the Consultant shall
immediately cease all work under this Agreement,unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
(b)In the event this Agreement is terminated pursuant to this Section,the City
shall pay to Consultant the actual value of the work performed up to the time of
termination,provided that the work performed is of value to the City.Upon termination
of the Agreement pursuant to this Section,the Consultant will submit an invoice to the
City pursuant to Section 5.
7.TERMINATION ON OCCURRENCE OF STATED EVENTS
This Agreement shall terminate automatically on the occurrence of any of the
following events:
(a)Bankruptcy or insolvency of any party;
(b)Sale of Consultant’s business; or
(c)Assignment of this Agreement by Consultant without the consent of City.
(d)End of the Agreement term specified in Section 1.
8.DEFAULT OF CONSULTANT
(a)The Consultant’s failure to comply with the provisions of this Agreement
shall constitute a default.In the event that Consultant is in default for cause under the
terms of this Agreement,City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Consultant.If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant’s control,and without fault or negligence of the Consultant,it
shall not be considered a default.
(b)If the City Manager or his/her delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement,he/she
shall cause to be served upon the Consultant a written notice of the default.The
Consultant shall have ten (10)days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance.In the event that the Consultant
fails to cure its default within such period of time,the City shall have the right,
notwithstanding any other provision of this Agreement to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
9.LAWS TO BE OBSERVED. Consultant shall:
(a)Procure all permits and licenses,pay all charges and fees,and give all
notices which may be necessary and incidental to the due and lawful prosecution of the
services to be performed by Consultant under this Agreement;
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(b)Keep itself fully informed of all existing and proposed federal,state and
local laws,ordinances,regulations,orders,and decrees which may affect those
engaged or employed under this Agreement,any materials used in Consultant’s
performance under this Agreement,or the conduct of the services under this
Agreement;
(c)At all times observe and comply with,and cause all of its employees to
observe and comply with all of said laws,ordinances,regulations,orders,and decrees
mentioned above;
(d)Immediately report to the City’s Contract Manager in writing any
discrepancy or inconsistency it discovers in said laws,ordinances,regulations,orders,
and decrees mentioned above in relation to any plans,drawings,specifications,or
provisions of this Agreement.
(e) The City,and its officers,agents and employees,shall not be liable at law
or in equity occasioned by failure of the Consultant to comply with this Section.
10.OWNERSHIP OF DOCUMENTS
(a)Consultant shall maintain complete and accurate records with respect to
sales,costs,expenses,receipts,and other such information required by City that relate
to the performance of services under this Agreement.Consultant shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services.All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible.Consultant
shall provide free access to the representatives of City or its designees at reasonable
times to such books and records;shall give City the right to examine and audit said
books and records;shall permit City to make transcripts therefrom as necessary;and
shall allow inspection of all work,data,documents,proceedings,and activities related to
this Agreement.Such records,together with supporting documents,shall be maintained
for a period of three (3) years after receipt of final payment.
(b)Upon completion of,or in the event of termination or suspension of this
Agreement,all original documents,designs,drawings,maps,models,computer files,
surveys,notes,and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used,reused,or otherwise disposed of by the City without the permission of the
Consultant.With respect to computer files,Consultant shall make available to the City,
at the Consultant’s office and upon reasonable written request by the City,the
necessary computer software and hardware for purposes of accessing,compiling,
transferring, and printing computer files.
11.INDEMNIFICATION
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(a)Indemnification for Professional Liability.When the law establishes a
professional standard of care for Consultant’s Services,to the fullest extent permitted by
law,Consultant shall indemnify,protect,defend and hold harmless City and any and all
of its officials,employees and agents (“Indemnified Parties”)from and against any and
all losses,liabilities,damages,costs and expenses,including attorney’s fees and costs
to the extent same are caused in whole or in part by any negligent or wrongful act,error
or omission of Consultant,its officers,agents,employees or subContractors or any
entity or individual that Consultant shall bear the legal liability thereof)in the
performance of professional services under this agreement.
(b)Indemnification for Other Than Professional Liability.Other than in the
performance of professional services and to the full extent permitted by law,Consultant
shall indemnify,defend and hold harmless City,and any and all of its employees,
officials and agents from and against any liability (including liability for claims,suits,
actions,arbitration proceedings,administrative proceedings,regulatory proceedings,
losses,expenses or costs of any kind,whether actual,alleged or threatened,including
attorneys fees and costs,court costs,interest,defense costs,and expert witness fees),
where the same arise out of,are a consequence of,or are in any way attributable to,in
whole or in part,the performance of this Agreement by Consultant or by any individual
or entity for which Consultant is legally liable,including but not limited to officers,
agents, employees or subContractors of Consultant.
(c)General Indemnification Provisions.Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section
from each and every subContractor or any other person or entity involved by,for,with or
on behalf of Consultant in the performance of this agreement.In the event Consultant
fails to obtain such indemnity obligations from others as required here,Consultant
agrees to be fully responsible according to the terms of this section.Failure of City to
monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder.This obligation to indemnify
and defend City as set forth here is binding on the successors,assigns or heirs of
Consultant and shall survive the termination of this agreement or this section.
12.INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit “C”attached hereto and
incorporated herein as though set forth in full.
13.INDEPENDENT CONSULTANT
(a)Consultant is and shall at all times remain as to the City a wholly
independent Consultant.The personnel performing the services under this Agreement
on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control.Neither City nor any of its officers,employees,or agents shall have control over
the conduct of Consultant or any of Consultant’s officers,employees,or agents,except
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as set forth in this Agreement.Consultant shall not at any time or in any manner
represent that it or any of its officers,employees,or agents are in any manner officers,
employees,or agents of the City.Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatever against City, or bind City in any manner.
(b)No employee benefits shall be available to Consultant in connection with
performance of this Agreement.Except for the fees paid to Consultant as provided in
the Agreement,City shall not pay salaries,wages,or other compensation to Consultant
for performing services hereunder for City.City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
14.UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is
used against or in concert with any officer or employee of the City of Arroyo Grande in
connection with the award,terms or implementation of this Agreement,including any
method of coercion,confidential financial arrangement,or financial inducement.No
officer or employee of the City of Arroyo Grande will receive compensation,directly or
indirectly,from Consultant,or from any officer,employee or agent of Consultant,in
connection with the award of this Agreement or any work to be conducted as a result of
this Agreement.Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at law or in equity.
15.NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member,officer,or employee of City,or their designees or agents,and no
public official who exercises authority over or responsibilities with respect to the project
during his/her tenure or for one year thereafter,shall have any interest,direct or indirect,
in any agreement or sub-agreement,or the proceeds thereof,for work to be performed
in connection with the project performed under this Agreement.
16.RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a)All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City’s prior
written authorization.Consultant,its officers,employees,agents,or subContractors,
shall not without written authorization from the City Manager or unless requested by the
City Attorney,voluntarily provide declarations,letters of support,testimony at
depositions,response to interrogatories,or other information concerning the work
performed under this Agreement or relating to any project or property located within the
City.Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
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(b)Consultant shall promptly notify City should Consultant,its officers,
employees,agents,or subContractors be served with any summons,complaint,
subpoena,notice of deposition,request for documents,interrogatories,request for
admissions,or other discovery request,court order,or subpoena from any person or
party regarding this Agreement and the work performed thereunder or with respect to
any project or property located within the City.City retains the right,but has no
obligation,to represent Consultant and/or be present at any deposition,hearing,or
similar proceeding.Consultant agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Consultant.
However,City’s right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
17.NOTICES
Any notice which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i)personal service,(ii)
delivery by a reputable document delivery service,such as but not limited to,Federal
Express,which provides a receipt showing date and time of delivery,or (iii)mailing in
the United States Mail,certified mail,postage prepaid,return receipt requested,
addressed to the address of the party as set forth below or at any other address as that
party may later designate by notice:
To City:City of Arroyo Grande
City Manager
300 E. Branch Street
Arroyo Grande, CA 93420
To Consultant:_____________________________
_____________________________
_____________________________
_____________________________
18. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement,nor any part
thereof, without the prior written consent of the City.
19.GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of
California shall govern the rights,obligations,duties,and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement.Any litigation
concerning this Agreement shall take place in the superior or federal district court with
jurisdiction over the City of Arroyo Grande.
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20.ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement.All prior or contemporaneous
agreements,understandings,representations,and statements,or written,are merged
into this Agreement and shall be of no further force or effect.Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each
party’s own independent investigation of any and all facts such party deems material.
21.TIME
City and Consultant agree that time is of the essence in this Agreement.
22.CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the City’s Request for Proposal,Exhibit
“D”,attached hereto and incorporated herein by this reference,and the contents of the
proposal submitted by the Consultant,Exhibit “E”,attached hereto and incorporated
herein by this reference.In the event of conflict,the requirements of City’s Request for
Proposals and this Agreement shall take precedence over those contained in the
Consultant’s proposals.
23.CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review
this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto.The captions of the sections are for
convenience and reference only,and are not intended to be construed to define or limit
the provisions to which they relate.
24.AMENDMENTS
Amendments to this Agreement shall be in writing and shall be made only with
the mutual written consent of all of the parties to this Agreement.
25.AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
its obligations hereunder.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE CONSULTANT
By:__________________________By:____________________________
Caren Ray Russom, Mayor
Its:____________________________
Attest:(Title)
_____________________________
Jessica Matson, City Clerk
Approved As To Form:
_____________________________
Timothy J. Carmel, City Attorney
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EXHIBIT A
SCOPE OF WORK
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EXHIBIT B
PAYMENT SCHEDULE
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EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work,Consultant will
maintain insurance in conformance with the requirements set forth below.Consultant
will use existing coverage to comply with these requirements.If that existing coverage
does not meet the requirements set forth here,Consultant agrees to amend,
supplement or endorse the existing coverage to do so.Consultant acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required.Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “Commercial
General Liability”policy from CG 00 01 or the exact equivalent.Defense costs must be
paid in addition to limits.There shall be no cross liability exclusion for claims or suits by
one insured against another.Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including
symbol 1 (Any Auto)or the exact equivalent.Limits are subject to review,but in no
event to be less than $1,000,000 per accident.If Consultant owns no vehicles,this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above.If Consultant or Consultant’s employees will use personal autos
in any way on this project,Consultant shall provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary)if used to meet limit
requirements,shall provide coverage at least as broad as specified for the underlying
coverages.Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a “pay on behalf”basis,with defense costs payable in
addition to policy limits.Policy shall contain a provision obligating insurer at the time
insured’s liability is determined,not requiring actual payment by the insured first.There
shall be no cross liability exclusion precluding coverage for claims or suits by one
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insured against another.Coverage shall be applicable to City for injury to employees of
Consultant,subContractors or others involved in the Work.The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein.Limits are subject to review but in no event less than $_____________per
occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designated to protect against acts,errors or
omissions of the Consultant and “Covered Professional Services”as designated in the
policy must specifically include work performed under this agreement.The policy limit
shall be no less than $1,000,000 per claim and in the aggregate.The policy must “pay
on behalf of”the insured and must include a provision establishing the insurer’s duty to
defend.The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurer that are
admitted carriers in the state California and with an A.M.Bests rating of A-or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1.Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City,its officials
employees and agents,using standard ISO endorsement No.CG 2010 with an edition
prior to 1992.Consultant also agrees to require all Consultants,and subContractors to
do likewise.
2.No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant,or Consultant’s employees,or agents,from waiving the right of
subrogation prior to a loss.Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds,and to require all Consultants
and subContractors to do likewise.
3.All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4.None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
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5.No liability policy shall contain any provision or definition that would serve
to eliminate so-called “third party action over”claims,including any exclusion for bodily
injury to an employee of the insured or of any Consultant or subcontractor.
6.All coverage types and limits required are subject to approval,modification
and additional requirements by the City,as the need arises.Consultant shall not make
any reductions in scope of coverage (e.g.elimination of contractual liability or reduction
of discovery period) that may affect City’s protection without City’s prior written consent.
7.Proof of compliance with these insurance requirements,consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant’s general liability policy,shall be delivered to City at
or prior to the execution of this Agreement.In the event such proof of any insurance is
not delivered as required,or in the event such insurance is canceled at any time and no
replacement coverage is provided,City has the right,but not the duty,to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium.Any premium so paid by City shall be charged to and promptly
paid by Consultant or deducted from sums due Consultant, at City option.
8.Certificate(s)are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage.Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation,or that any party will
“endeavor”(as opposed to being required)to comply with the requirements of the
certificate.
9.It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subContractor,is intended to
apply first and on a primary,noncontributing basis in relation to any other insurance or
self insurance available to City.
10.Consultant agrees to ensure that subContractors,and any other party
involved with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.Consultant
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section.Consultant agrees that upon request,all agreements with subContractors and
others engaged in the project will be submitted to City for review.
11.Consultant agrees not to self-insure or to use any self-insured retentions
or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any Consultant,subContractor,Architect,Engineer or other entity or
person in any way involved in the performance of work on the project contemplated by
this agreement to self-insure its obligations to City.If Consultant’s existing coverage
includes a deductible or self-insured retention,the deductible or self-insured retention
must be declared to the City.At the time the City shall review options with the
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Consultant,which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solutions.
12.The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Consultant ninety
(90)days advance written notice of such change.If such change results in substantial
additional cost to the Consultant,the City will negotiate additional compensation
proportional to the increase benefit to City.
13.For purposes of applying insurance coverage only,this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
14.Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance requirements
in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15.Consultant will renew the required coverage annually as long as City,or
its employees or agents face an exposure from operations of any type pursuant to this
agreement.This obligation applies whether or not the agreement is canceled or
terminated for any reason.Termination of this obligation is not effective until City
executes a written statement to that effect.
16.Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage.Proof that such coverage has been
ordered shall be submitted prior to expiration.A coverage binder or letter from
Consultant’s insurance agent to this effect is acceptable.A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
17.The provisions of any workers’compensation or similar act will not limit
the obligations of Consultant under this agreement.Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City,its
employees, officials and agents.
18.Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage,limits or other requirements nor as
a waiver of any coverage normally provided by any given policy.Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
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19.These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
20.The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
21.Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City.It is not the intent of City to
reimburse any third party for the cost of complying with these requirements.There shall
be no recourse against City for payment of premiums or other amounts with respect
thereto.
22.Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement.City
assumes no obligation or liability by such notice,but has the right (but not the duty)to
monitor the handling of any such claim or claims if they are likely to involve City.
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Item 9.g.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Isaac Rosen, Interim City Attorney
SUBJECT: Consider Opting into Settlement Agreements with Distributors of
Opioids; Walgreens Co., Walmart Inc., CVS Health Corporation/CVS
Pharmacy Inc., and Opioid Manufacturers Teva Pharmaceuticals
Industries LTD and Allergan Finance LLC/Allergan Limited
DATE: April 11, 2023
SUMMARY OF ACTION:
Consideration of opting into settlement agreements with distributors of opioids and opioid
manufacturers to provide funding to the City to support opioid-related issues within the
City.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
California is to receive approximately $1.8 billion from the settlements and is required to
distribute these funds pursuant to intrastate allocation agreements for the new
settlements. The City of Arroyo Grande has been allocated 0.024% of the 70% of the
approximate $1,800,000,000. The City can opt into these five settlements and potentially
receive up to $302,400 in direct funding. This amount will be disbursed over a period of
15 years, with payments decreasing as each settlement finishes paying out. The first
payments are scheduled to occur in the latter half of 2023.
RECOMMENDATION:
1) Opt into settlement agreement with opioid distributor, Walgreens Co., and direct the
City Manager to execute any documents necessary to implement the action; 2) Opt into
settlement agreement with opioid distributor, Walmart, Inc. and direct the City Manager
to execute any documents necessary to implement the action; 3) Opt into settlement
agreement with opioid distributor, CVS Health Corporation/CVS Pharmacy, Inc. and direct
the City Manager to execute any documents necessary to implement the action; 4) Opt
into settlement agreement with opioid manufacturer, Teva Pharmaceutical Industries Ltd.,
and direct the City Manager to execute any documents necessary to implement the
action; 5) Opt into settlement agreement with opioid manufacturer, Allergan Finance,
LLC/Allergan Limited and direct the City Manager to execute any documents necessary
Page 189 of 390
Item 9.g.
City Council
Consider Opting into Settlement Agreements with Distributors of Opioids;
Walgreens Co., Walmart Inc., CVS Health Corporation/CVS Pharmacy Inc., and
Opioid Manufacturers Teva Pharmaceuticals Industries LTD and Allergan Finance
LLC/Allergan Limited
April 11, 2023
Page 2
to implement the action; and 6) Make findings that adopting the Resolution opting-into the
settlement agreements is not a project subject to the California Environmental Quality Act
(“CEQA”) because the adoption in itself 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:
Last year, litigation brought by states and cities across the United States against the three
largest pharmaceutical distributors of opioid painkillers, Amerisource Bergen, Cardinal
Health, and McKesson (the “Distributors”), and the opioid painkiller manufacturer,
Janssen (owned by Johnson & Johnson) (“J&J”), resulted in two proposed settlements
totaling approximately $26 billion dollars. The City has previously opted into the
Distributors and the J&J Settlements and has started receiving payments.
Between November and December 2022, five additional parties (the “New Parties”) have
entered into National Opioid Settlements with terms identical to the Distributors/J&J
Settlements. The deadline to opt into the settlements with the New Parties is April 18,
2023.
ANALYSIS OF ISSUES:
A. Allocation of Funds
Additional litigation brought by states and cities across the United States against the New
Parties has resulted in a proposed settlement totaling approximately $20.2 billion dollars.
The proposed settlement is broken into five separate deals: (1) the Walgreens Settlement
(Exhibit A); (2) the Walmart Settlement (Exhibit B); (3) the CVS Settlement (Exhibit C);
(4) the Teva Settlement (Exhibit D); and the Allergan Settlement (Exhibit E). The
estimated total nationwide payout and payment schedule are outlined below:
Defendant Estimated Max Payout
(100% Participation)
Years
Walgreens $5,522,528,766 15 years
Walmart $3,011,242,061 Primarily paid within 3
years, but if participation
levels are not met until
Page 190 of 390
Item 9.g.
City Council
Consider Opting into Settlement Agreements with Distributors of Opioids;
Walgreens Co., Walmart Inc., CVS Health Corporation/CVS Pharmacy Inc., and
Opioid Manufacturers Teva Pharmaceuticals Industries LTD and Allergan Finance
LLC/Allergan Limited
April 11, 2023
Page 3
later, payment can extend
over 6 years
CVS $5,002,083,578 10 years
Teva $4,246,567,371.76 6 years
Allergan $2,372,972,184.12 7 years
Of the amounts above, California is to receive approximately $1.8 billion and is to
distribute these funds pursuant to intrastate allocation agreements for the new
settlements.
As outlined in the Intrastate Allocation Agreements, Settlement Fund payments due to
the State of California are allocated as follows: 15% to the State Fund; 70% to the
California Abatement Accounts Fund; and 15% to the California Subdivision Fund. This
results in the State receiving 15% of the payments allocated to California and local
subdivisions receiving the remaining 85%. The percentages paid out to the California
Subdivision Fund is reserved for entities that participated in the litigation of the claims
giving rise to the settlement agreements. The percentages paid out to local subdivisions
that did not litigate but choose to opt into the settlements comes from the share of the
settlement proceeds that are placed in the California Abatement Account s Fund (70% of
the total allocated to the State). Essentially, this means that the City of Arroyo Grande, if
it chooses to opt into the settlement, is entitled to receive a percentage share from the
California Abatement Accounts Fund.
The City of Arroyo Grande has been allocated 0.024% of the 70% of the approximate
$1,800,000,000 total settlement amount, which is equal to $302,400.00. It should be
noted that this amount is the maximum amount that the City can receive from these
settlements. In order to encourage maximum participation, the amount of funds to be
paid to each government entity is tied to the overall amount of government entities that
opt into the settlements. The more government entities opt in, the higher the amount that
the City will receive. The final amount to be received by the City will be finalized after the
April 18th deadline when the total participation in the settlements can be determined. This
total amount will be disbursed over a period of 15 years, with payments decreasing as
each settlement finishes paying out. The first payments are scheduled to occur in the
latter half of 2023. After the receipt of these initial payments, further payments will be
received annually thereafter.
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Item 9.g.
City Council
Consider Opting into Settlement Agreements with Distributors of Opioids;
Walgreens Co., Walmart Inc., CVS Health Corporation/CVS Pharmacy Inc., and
Opioid Manufacturers Teva Pharmaceuticals Industries LTD and Allergan Finance
LLC/Allergan Limited
April 11, 2023
Page 4
The default distribution of funds in the settlement agreements provides that the funds will
go directly to the county in which a city is located. A city can elect to have its funds
delivered directly to the city by providing notice in the settlement agreements. Additionally,
a city within a county may opt in or out of direct payment at any time, and it may also elect
direct payment of only a portion of its share, with the remainder going to the county, by
providing notice to the settlement fund administrators at least sixty days prior to a payment
date.
In deciding whether to allow a city’s funds to go directly to the county in which a city is
located, a city should consider the following: (1) whether the amount of money is
substantial enough for the city to handle it on its own; (2) whether the city offe rs the
services and has the employees to spend the money in accordance with its prescribed
uses; and (3) whether the city wants to engage in the reporting requirements over the
course of the next sixteen years (fifteen years of distribution and an addition al year
following final distribution).
B. Use of Received Funds
Similar to the Distributor and J&J Settlements, funds received from these additional
settlements must be used for future opioid remediation or abatement . For instance,
participating subdivisions may use funds for areas such as services to treat opioid use
disorder; support people in treatment and recovery; connect people to care; address
needs of criminal justice-involved persons; address the needs of pregnant or parenting
women and their families, including babies with neonatal abstinence syndrome; prevent
over-prescribing and ensure appropriate prescribing and dispensing of opioids; prevent
misuse of opioids; prevent overdose deaths and other harms; provide leadership,
planning, and coordination of programs; provide training; and conduct research.
The Intrastate Allocation Agreements (Exhibit F) also provide spending limitations in
addition to those provided in the settlement agreements. Under the Intrastate Allocation
Agreements, no less than 50% of the funds received in each calendar year must be used
for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use
disorder facilities within the Behavioral Health Continuum Infrastructure
Program;
(2) creating new or expanded Substance Use Disorder (“SUD”) treatment
infrastructure;
Page 192 of 390
Item 9.g.
City Council
Consider Opting into Settlement Agreements with Distributors of Opioids;
Walgreens Co., Walmart Inc., CVS Health Corporation/CVS Pharmacy Inc., and
Opioid Manufacturers Teva Pharmaceuticals Industries LTD and Allergan Finance
LLC/Allergan Limited
April 11, 2023
Page 5
(3) addressing the needs of communities of color and vulnerable
populations (including sheltered and unsheltered homeless populat ions)
that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment,
including by providing training and resources to first and early responders
(sworn and non-sworn) and implementing best practices for outreach,
diversion and deflection, employability, restorative justice, and harm
reduction; and/or
(5) interventions to prevent drug addiction in vulnerable youth.
In addition to these requirements, there is also a time limit on the spending of receive d
funds. If funds are not expended or encumbered within five years of receipt and in
accordance with the settlement agreements and the Intrastate Allocation Agreements,
the funds are required to be transferred back to the State.
C. Management of Funds
Each county and city that receives payment of funds from the settlements must prepare
written reports at least annually regarding the use of those funds until the funds are fully
expended and for one year thereafter. Each county and city will need to track all deposits
and expenditures. These reports will also include a certification that all funds received
have been used in compliance with the allocation agreements. The California Department
of Healthcare and Services (“DHCS”) may review these reports in order to determine
compliance with the settlement agreements and the Intrastate Allocation Agreement.
If the DHCS determines that a participating subdivision’s use of abatement funds is
inconsistent with the settlement agreements or Intrastate Allocation Agre ements, the
parties are required to meet and confer. If the meet and confer process does not provide
a resolution, the DHCS may conduct an audit, which can lead to a court action if the
matter is still not resolved after an audit.
D. Opting In
The City must opt into the settlements by April 18, 2023, which requires the City to release
its claims against the New Parties. If the City takes no action, it will have opted out of the
settlements and its designated funds will flow to the State. The City would st ill have the
opportunity to bring its own action against the New Parties.
Page 193 of 390
Item 9.g.
City Council
Consider Opting into Settlement Agreements with Distributors of Opioids;
Walgreens Co., Walmart Inc., CVS Health Corporation/CVS Pharmacy Inc., and
Opioid Manufacturers Teva Pharmaceuticals Industries LTD and Allergan Finance
LLC/Allergan Limited
April 11, 2023
Page 6
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Opt into the settlements and elect to receive the payments directly (subject to the
use and reporting requirements);
2. Opt into the settlements, but allow the County to receive the payments (City
would not be responsible for any use/reporting requirements and the money
would stay within the County); Provide other direction to staff;
3. Do not opt-into the settlements; or
4. Provide other direction to staff.
ADVANTAGES:
Approval of the settlement agreements will provide funding for training, programs, and
interventions to avoid drug overdoses and addiction in the City.
DISADVANTAGES:
Approval of the settlement agreements will increase reporting requirements for the City
elects to retain the funding rather than allocate it to the County. However, should reporting
requirements prove to become too onerous, the City may allocate its funding to the
County to support its addiction programs.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item . Adopting the Resolution opting-into the
settlement agreements is not a project subject to the California Environmental Quality Act
(“CEQA”) because the adoption in itself 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
2. Exhibit A – Walgreens Settlement Agreement
3. Exhibit B – Walmart Settlement Agreement
4. Exhibit C – CVS Settlement Agreement
5. Exhibit D – Teva Settlement Agreement
6. Exhibit E – Allergan Settlement Agreement
7. Exhibit F – Sample CA Allocation Agreement
8. Exhibit G – Sample Participation Agreement
Page 194 of 390
ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE CALIFORNIA AUTHORIZING THE
CITY MANAGER TO ENTER INTO THE SETTLEMENT
AGREEMENTS WITH WALGREENS CO., WALMART, INC.,
CVS HEALTH CORPORATION/CVS PHARMACY INC.,
TEVA PHARMACEUTICAL INDUSTRIALS LTD., AND
ALLERGAN FINANCE LLC/ALLERGAN LIMITED, AGREE
TO THE TERMS OF THE STATE-SUBDIVISION
AGREEMENTS, AND AUTHORIZE ENTRY INTO THE
STATE-SUBDIVISION AGREEMENTS WITH THE
ATTORNEY GENERAL
WHEREAS, the United States is facing an ongoing public health crisis of opioid
abuse, addiction, overdose, and death, forcing the State of California and California
counties and cities to spend billions of dollars each year to address the direct
consequences of this crisis; and,
WHEREAS, pending in the U.S. District Court for the Northern District of Ohio is a
multidistrict litigation (“MDL”) being pursued by numerous public entity plaintiffs against
the manufacturers and distributors of various opioids based on the allegation that the
defendants’ unlawful conduct caused the opioid epidemic; and,
WHEREAS on or about November 14, 2022, a proposed nationwide tentative
settlement was reached between the plaintiffs in the MDL and Walmart Inc. (“Walmart”);
and,
WHEREAS on or about November 22, 2022, a proposed n ationwide tentative
settlement was reached between the plaintiffs in the MDL and Teva Pharmaceutical
Industries Ltd. and all of its respective past and present direct or indirect parents,
subsidiaries, divisions, affiliates, joint ventures, predecessors, successors, assigns,
including but not limited to Teva Pharmaceuticals USA, Inc., Actavis LLC (f/k/a Actavis
Inc.), Actavis Elizabeth LLC, Actavis Kadian LLC, Actavis Pharma, Inc. (f/k/a Watson
Pharma, Inc.), Actavis Kadian LLC, Actavis Laboratories UT, Inc . (f/k/a Watson
Laboratories, Inc. – Utah), Actavis Mid Atlantic LLC, Actavis Totowa LLC, Actavis
Laboratories FL, Inc. (f/k/a Watson Laboratories, Inc. – Florida), Actavis South Atlantic
LLC, Warner Chilcott Company LLC, and Watson Laboratories, Inc., and Anda Inc.
(collectively, “Teva”); and,
WHEREAS on or about November 22, 2022, a proposed nationwide tentative
settlement was reached between the plaintiffs in the MDL and Allergan Finance, LLC
(f/k/a Actavis, Inc., which in turn was f/k/a Watson Pharmace utics, Inc.) and Allergan
Limited (f/k/a Allergan plc, which, in turn, was f/k/a Actavis plc)(collectively, “Allergan”);
and,
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RESOLUTION NO.
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WHEREAS, on or about December 9, 2022, a proposed nationwide tentative
settlement was reached between the plaintiffs in the MDL a nd CVS Health Corporation
and CVS Pharmacy, Inc. and all of their past and present direct and indirect parent and
subsidiaries (collectively, “CVS”); and,
WHEREAS, on or about December 9, 2022, a proposed nationwide tentative
settlement was reached between the plaintiffs in the MDL and Walgreen Co.
(“Walgreens”); and,
WHEREAS, CVS, Teva, Walgreens, Walmart, and Allergan shall be referred in
this Resolution as “Settling Defendants”; and
WHEREAS, as part of the settlements with the Settling Defendants, local
subdivisions, including certain cities, that are not plaintiffs in the MDL may participate in
the settlements in exchange for a release of the Settling Defendants; and,
WHEREAS, copies of the proposed terms of those proposed nationwide
settlements have been set forth in the Master Settlement Agreements with the Settling
Defendants; and,
WHEREAS, copies of the Master Settlement Agreements have been provided to
the City Council with this Resolution; and,
WHEREAS, the Settlement Agreements provide, am ong other things, for the
payment of a certain sum to settling government entities in California including to the
State of California and Participating Subdivisions upon occurrence of certain events as
defined in the Settlement Agreements (“California Opioid Funds”); and,
WHEREAS, California local governments in the MDL have engaged in extensive
discussions with the State Attorney General’s Office (“AGO”) as to how the California
Opioid Funds will be allocated, which has resulted in the Proposed California State-
Subdivision Agreements Regarding Distribution and Use of Settlement Funds (“Allocation
Agreements”) from the settlements with the Settling Defendants; and,
WHEREAS, copies of the Allocation Agreements for all of the settlements with the
Settling Defendants have been provided with this Resolution; and,
WHEREAS, the Allocation Agreements allocate the California Opioid Funds as
follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the
Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the
Settlements shall be combined pursuant to the Allocation Agreements, and 15% of total
from each settlement shall be allocated to the State of California (the “State of California
Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts
Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”); and,
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RESOLUTION NO.
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WHEREAS, under the Master Settlement Agreements, certain local subdivisions
that did not file a lawsuit against the Settlement Defendants may qualify to participate in
the settlements and obtain funds from the Abatement Account Fund; and,
WHEREAS, the City is eligible to participate in the Settlement and become a CA
Participating Subdivision; and,
WHEREAS, the funds in the CA Abatement Accounts Fund (the 70% allocation)
will be allocated based on the allocation model developed in connection with the proposed
negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as
adjusted to reflect only those cities and counties that are eligible, based on population or
litigation status, to become a CA Participating Subdivision (those above 10,000 in
population). The percentage from the CA Abatement Accounts Fund allocated to each
CA Participating Subdivision is set forth in Appendix 1 to the Allocation Agreements and
provided to the City Council with this Resolution. The City’s share of the CA Abatement
Accounts Fund will be a product of the total in the CA Abatement Accounts Fund
multiplied by the City’s percentage set forth in Appendix 1 of the Allocation Agreements
(the “Local Allocation”); and,
WHEREAS, a CA Participating Subdivision that is a city will be allocated its Local
Allocation share as of the date on which it becomes a Participating Subdivision . The Local
Allocation share for a city that is a CA Participating Subdivision will be paid to the county
in which the city is located, unless the city elects to take a direct election of the settlement
funds, so long as: (a) the county is a CA Participati ng Subdivision, and (b) the city has
not advised the Settlement Fund Administrator that it requests direct payment at least 60
days prior to a Payment Date; and,
WHEREAS, it the intent of this Resolution is to authorize the City to enter into the
Master Settlement Agreements with the Settling Defendants by executing the
Participation Agreements and to enter into the Allocation Agreements by executing the
signature pages to those agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein
by this reference.
SECTION 2. The City Manager is authorized to settle and release the City’s claims
against the Settling Defendants in exchange for the consideration set fort h in the
Settlement Agreements and Allocation Agreements, including taking the following
measures:
1. The execution of the Participation Agreements with the Settling Defendants
and any and all documents ancillary thereto.
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RESOLUTION NO.
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2. The execution of the Proposed California State-Subdivision Agreement
Regarding Distribution and Use of Settlement Funds with the Settling
Defendants by executing the signature pages to those Allocation
Agreements.
3. Notify the Settlement Fund Administrator that the City requests a direct
payment under the Allocation Agreements at least 60 days prior to the
Payment Date in the Settlement Agreements.
SECTION 3. CEQA. That the City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the
general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty, as in this case,
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. (State CEQA Guidelines §§ 15060,
subd. (b)(2)-(3), 15378.)
SECTION 4. Severability. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications, and to this end the provisions of this Resolution are declared
to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
On motion of Council Member ________, seconded by _________, and by the following
roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 11th day of April, 2023.
Page 198 of 390
RESOLUTION NO.
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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 199 of 390
ATTACHMENTS 2-6
The following attachments are available as a link:
Attachment 2: Exhibit A - Walgreens Settlement Agreement
Attachment 3: Exhibit B - Walmart Settlement Agreement
Attachment 4: Exhibit C - CVS Settlement Agreement
Attachment 5: Exhibit D - Teva Settlement Agreement
Attachment 6: Exhibit E - Allergan Settlement Agreement
Page 200 of 390
1
Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Distributor Settlement
1. Introduction
Pursuant to the Distributor Settlement Agreement, dated as of July 21, 2021, and any revision
thereto (the “Distributor Settlement Agreement”), including Section V and Exhibit O, the State
of California proposes this agreement (the “CA Distributor Allocation Agreement”) to govern
the allocation, distribution, and use of Settlement Fund payments made to California pursuant to
Sections IV and V of the Distributor Settlement Agreement.1 For the avoidance of doubt, this
agreement does not apply to payments made pursuant to Sections IX or X of the Distributor
Settlement Agreement.
Pursuant to Exhibit O, Paragraph 4, of the Distributor Settlement Agreement, acceptance of this
CA Distributor Allocation Agreement is a requirement to be an Initial Participating Subdivision.
2. Definitions
a)CA Participating Subdivision means a Participating Subdivision that is also (a) a
Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or
greater than 10,000. For the avoidance of doubt, eligible CA Participating
Subdivisions are those California subdivisions listed in Exhibit C (excluding
Litigating Special Districts) and/or Exhibit I to the Distributor Settlement Agreement.
b)Janssen Settlement Agreement means the Janssen Settlement Agreement dated July
21, 2021, and any revision thereto.
c)Litigating Special District means a school district, fire protection district, health
authority, health plan, or other special district that has filed a lawsuit against an
Opioid Defendant. Litigating Special Districts include Downey Unified School
District, Elk Grove Unified School District, Kern High School District, Montezuma
Fire Protection District (located in Stockton, California), Santa Barbara San Luis
Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San
Joaquin, and LA Care Health Plan.
d)Plaintiff Subdivision means a Subdivision located in California, other than a
Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or
through an official of the Subdivision on behalf of the People of the State of
California, against one or more Opioid Defendants prior to October 1, 2020.
1 A parallel but separate agreement (the “CA Janssen Allocation Agreement”) will govern the
allocation, distribution, and use of settlement fund payments under the Janssen Settlement
Agreement. An eligible Subdivision may elect to participate in either the Distributor Settlement
or the Janssen Settlement, or in both.
ATTACHMENT 7
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e) Opioid Defendant means any defendant (including but not limited to Johnson &
Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc.,
AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit
seeking damages, abatement, or other remedies related to or caused by the opioid
public health crisis in any lawsuit brought by any state or local government on or
before October 1, 2020.
3. General Terms
This agreement is subject to the requirements of the Distributor Settlement Agreement, as well as
applicable law, and the Distributor Settlement Agreement governs over any inconsistent
provision of this CA Distributor Allocation Agreement. Terms used in this CA Distributor
Allocation Agreement have the same meaning as in the Distributor Settlement Agreement unless
otherwise defined herein.
Pursuant to Section V(D)(1) of the Distributor Settlement Agreement, (a) all Settlement Fund
payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the
Distributor Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund
payment amounts will be used solely for future Opioid Remediation.
4. State Allocation
The Settlement Fund payments to California,2 pursuant to the Distributor Settlement Agreement,
shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and
15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from
the Settlement Fund shall be combined pursuant to this CA Distributor Allocation Agreement,
and 15% of that total shall be allocated to the State of California (the “State of California
Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts
Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”).
A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by
the State for future Opioid Remediation.
B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA
Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be
2 For purposes of clarity, use of the term “California” refers to the geographic territory of
California and the state and its local governments therein. The term “State” or “State of
California” refers to the State of California as a governmental unit.
Page 202 of 390
3
allocated based on the allocation model developed in connection with the proposed
negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as
adjusted to reflect only those cities and counties that are eligible, based on population or
litigation status, to become a CA Participating Subdivision. The percentage from the CA
Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in
Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For
the avoidance of doubt, Litigating Special Districts and California towns, cities, and
counties with a population less than 10,000 are not eligible to receive an allocation of CA
Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its
Local Allocation share as of the date on which it becomes a Participating Subdivision,
and will receive payments as provided in the Distributor Settlement Agreement.
c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share
as of the date on which it becomes a Participating Subdivision. The Local Allocation
share for a city that is a CA Participating Subdivision will be paid to the county in which
the city is located, rather than to the city, so long as: (a) the county is a CA Participating
Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it
requests direct payment at least 60 days prior to a Payment Date. A Local Allocation
share allocated to a city but paid to a county is not required to be spent exclusively for
abatement activities in that city, but will become part of the county’s share of the CA
Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of
CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA
Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct
payment at any time, and it may also elect direct payment of only a portion of its share,
with the remainder going to the county, by providing notice to the Settlement Fund
Administrator at least 60 days prior to a Payment Date. For purposes of this CA
Distributor Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San
Jose and Eureka will be deemed to have elected direct payment if they become
Participating Subdivisions.
e) The State will receive the Local Allocation share of any payment to the Settlement Fund
that is attributable to a county or city that is eligible to become a CA Participating
Subdivision, but that has not, as of the date of that payment to the Settlement Fund,
become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered
within five years of receipt and in accordance with the Distributor Settlement Agreement
and this CA Distributor Allocation Agreement shall be transferred to the State; provided
however, that CA Participating Subdivisions have seven years to expend or encumber CA
Abatement Accounts Funds designated to support capital outlay projects before they must
be transferred to the State. This provision shall not apply to the Cost Reimbursement
Funds, which shall be controlled by Appendix 2.
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ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or
more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to
the Distributor Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA
Participating Subdivision from the Abatement Accounts Fund in each calendar year will
be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities
within the Behavioral Health Continuum Infrastructure Program;
(2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure;
(3) addressing the needs of communities of color and vulnerable populations (including
sheltered and unsheltered homeless populations) that are disproportionately impacted
by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by
providing training and resources to first and early responders (sworn and non-sworn)
and implementing best practices for outreach, diversion and deflection, employability,
restorative justice, and harm reduction; and/or
(5) interventions to prevent drug addiction in vulnerable youth.
c) The California Department of Health Care Services (“DHCS”) may add to this list (but
not delete from it) by designating additional High Impact Abatement Activities. DHCS
will make reasonable efforts to consult with stakeholders, including the CA Participating
Subdivisions, before adding additional High Impact Abatement Activities to this list.
d) For the avoidance of doubt, and subject to the requirements of the Distributor Settlement
Agreement and applicable law, CA Participating Subdivisions may form agreements or
ventures, or otherwise work in collaboration with, federal, state, local, tribal or private
sector entities in pursuing Opioid Remediation activities funded from the CA Abatement
Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for
Opioid Remediation consistent with the Distributor Settlement Agreement and this CA
Distributor Allocation Agreement, a county and any cities or towns within the county
may agree to reallocate their respective shares of the CA Abatement Accounts Funds
among themselves, provided that any direct distribution may only be to a CA
Participating Subdivision and any CA Participating Subdivision must agree to their share
being reallocated.
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iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds
must prepare and file reports annually regarding the use of those funds. DHCS may
regularly review the reports prepared by CA Participating Subdivisions about the use of
CA Abatement Accounts Funds for compliance with the Distributor Settlement
Agreement and this CA Distributor Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement
Accounts Funds is inconsistent with the Distributor Settlement Agreement or this CA
Distributor Allocation Agreement, whether through review of reports or information from
any other sources, DHCS shall send a request to meet and confer with the CA
Participating Subdivision. The parties shall meet and confer in an effort to resolve the
concern.
c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the
Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to
meet and confer, unless the parties mutually agree in writing to extend the meet and
confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court
where the State has filed its Consent Judgment to resolve the concern or otherwise
enforce the requirements of the Distributor Settlement Agreement or this CA Distributor
Allocation Agreement. However, in no case shall any audit be conducted, or motion be
brought, as to a specific expenditure of funds, more than five years after the date on
which the expenditure of the funds was reported to DHCS, in accordance with this
agreement.
e) Notwithstanding the foregoing, this Agreement does not limit the statutory or
constitutional authority of any state or local agency or official to conduct audits,
investigations, or other oversight activities, or to pursue administrative, civil, or criminal
enforcement actions.
C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA
Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the
Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used,
subject to any limits imposed by the Distributor Settlement Agreement and this CA
Distributor Allocation Agreement, to fund future Opioid Remediation and reimburse past
opioid-related expenses, which may include fees and expenses related to litigation, and to
pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.
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The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s
reasonable fees and expenses in accordance with the procedures and limitations set
forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating
Subdivisions that have been awarded Costs, as defined by and in accordance with the
procedures and limitations set forth in Appendix 2 to this document.
c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50%
of the total CA Subdivision Fund received in any year pursuant to Appendix 2,
Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating
Subdivisions, in relative proportion to the Local Allocation. These funds shall be used
to fund future opioid-related projects and to reimburse past opioid-related expenses,
which may include fees and expenses related to litigation against any Opioid
Defendant.
D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio,
Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the
National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee
agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its
contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Distributor
Settlement Agreement and, if applicable, the Janssen Settlement Agreement.
A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay
for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”),
pursuant to Exhibit R, section I(R), of the Distributor Settlement Agreement and the MDL Fees
Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total
gross recovery of the Plaintiff Subdivision pursuant to the Distributor Settlement, and if
applicable, the Janssen Settlement, inclusive of contingency fees from the national Attorney Fee
Fund and this State Back-Stop Agreement. Before seeking fees or litigation costs and expenses
from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first
seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the
Distributor Settlement Agreement and, if applicable, the Janssen Settlement Agreement. Further,
private counsel may only seek reimbursement for litigation fees and costs that have not
previously been reimbursed through prior settlements or judgments.
To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of
Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California
Office of the Attorney General. The California Office of the Attorney General shall, upon the
request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and
its private counsel if it is in the form of Appendix 3. The California Office of the Attorney
Page 206 of 390
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General will also consider requests from Plaintiff Subdivisions to execute and enter into
agreements presented in other forms.
For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or
enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any
duty or obligation on the State of California or any of its agencies or officers, including without
limitation the Attorney General.
5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the
settlement until those funds are fully expended and for one year thereafter. These reports
will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement
will prepare written reports at least annually regarding the use of those funds, until those
funds are fully expended and for one year thereafter. These reports will also include a
certification that all funds that the CA Participating Subdivision has received through the
settlement have been used in compliance with the Distributor Settlement Agreement and
this CA Distributor Allocation Agreement. The report will be in a form reasonably
determined by DHCS. Prior to specifying the form of the report DHCS will confer with
representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts
Funds will track all deposits and expenditures. Each such subdivision is responsible
solely for the CA Abatement Accounts Funds it receives. A county is not responsible for
oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city
within that county that receives direct payment. Unless otherwise exempt, Subdivisions’
expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will
be subject to the normal budgetary and expenditure process of the Subdivision.
d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and
expenditures, as required by the Distributor Settlement Agreement and this CA
Distributor Allocation Agreement. Among other things, Plaintiff Subdivisions using
monies from the CA Subdivision Fund for purposes that do not qualify as Opioid
Remediation must identify and include in their annual report, the amount and how such
funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation
costs. Pursuant to Section V(B)(2) of the Distributor Settlement Agreement, such
information must also be reported to the Settlement Fund Administrator and the
Distributors.
e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to
discuss the annual report and the Opioid Remediation activities being carried out by the
State and Participating Subdivisions.
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6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court
where the State has filed its Consent Judgment to enforce the requirements of this CA
Distributor Allocation Agreement. Before filing such a motion or action the State will
meet and confer with any CA Participating Subdivision that is the subject of the
anticipated motion or action, and vice versa.
b) Except as provided in the Distributor Settlement Agreement, this CA Distributor
Allocation Agreement is not enforceable by any party other than the State and the CA
Participating Subdivisions. It does not confer any rights or remedies upon, and shall not
be enforceable by, any third party.
c) Except as provided in the CA Distributor Allocation Agreement, if any provision of this
agreement or the application thereof to any person, entity, or circumstance shall, to any
extent, be invalid or unenforceable, the remainder of this agreement, or the application of
such provision to persons, entities, or circumstances other than those as to which it is
invalid or unenforceable, will not be affected thereby, and each other provision of this
agreement will be valid and enforceable to the fullest extent permitted by law.
d) Except as provided in the Distributor Settlement Agreement, this agreement shall be
governed by and interpreted in accordance with the laws of California.
Page 208 of 390
APPENDIX 1 DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Distributor Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change. Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C. Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage. Page 209 of 390
APPENDIX 1100.000% 100.000% 100.000%Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCountyAlameda CountyAlameda 2.332% 2.853%2.4237952%City Alameda Alameda 0.069%0.0570162%City Albany Alameda 0.013%0.0107768%City Berkeley Alameda 0.152%0.1249656%City Dublin Alameda 0.033% 0.040%0.0338810%City Emeryville Alameda 0.023%0.0185765%City Fremont Alameda 0.108%0.0888576%City Hayward Alameda 0.117%0.0966218%City Livermore Alameda 0.054%0.0446740%City Newark Alameda 0.026%0.0217626%City Oakland Alameda 0.486% 0.595%0.5055601%City Piedmont Alameda 0.014%0.0114064%City Pleasanton Alameda 0.067%0.0554547%City San Leandro Alameda 0.039%0.0321267%City Union City Alameda 0.043%0.0352484%CountyAmador CountyAmador 0.226% 0.277%0.2349885%CountyButte CountyButte 1.615% 1.975%1.6783178%City Chico Butte 0.216% 0.264%0.2246499%City Oroville Butte 0.079%0.0646595%CountyCalaveras CountyCalaveras 0.226% 0.277%0.2351644%CountyColusa CountyColusa 0.059%0.0489221%CountyContra Costa CountyContra Costa 2.102% 2.571%2.1844585%City Antioch Contra Costa 0.037%0.0301879%City Brentwood Contra Costa 0.026%0.0215339%City Clayton Contra Costa 0.002%0.0018060%City Concord Contra Costa 0.055%0.0456676%City Danville Contra Costa 0.010%0.0082255%City El Cerrito Contra Costa 0.023%0.0189024%City Hercules Contra Costa 0.010%0.0078273%1 of 15Page 210 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity Lafayette Contra Costa 0.006%0.0046030%City Martinez Contra Costa 0.012%0.0098593%City Moraga Contra Costa 0.004%0.0031007%City Oakley Contra Costa 0.010%0.0079416%City Orinda Contra Costa 0.005%0.0038157%City Pinole Contra Costa 0.013%0.0110909%City Pittsburg Contra Costa 0.053%0.0436369%City Pleasant Hill Contra Costa 0.013%0.0106309%City Richmond Contra Costa 0.146%0.1201444%City San Pablo Contra Costa 0.018%0.0148843%City San Ramon Contra Costa 0.021%0.0176459%City Walnut Creek Contra Costa 0.026%0.0212132%CountyDel Norte CountyDel Norte 0.114% 0.140%0.1189608%CountyEl Dorado CountyEl Dorado 0.768% 0.939%0.7980034%City Placerville El Dorado 0.015%0.0127642%City South Lake Tahoe El Dorado 0.081%0.0665456%CountyFresno CountyFresno 1.895% 2.318%1.9693410%City Clovis Fresno 0.065%0.0536211%City Coalinga Fresno 0.012%0.0098554%City Fresno Fresno 0.397%0.3270605%City Kerman Fresno 0.005%0.0042534%City Kingsburg Fresno 0.008%0.0066167%City Mendota Fresno 0.002%0.0019387%City Orange Cove Fresno 0.004%0.0035607%City Parlier Fresno 0.008%0.0069755%City Reedley Fresno 0.012%0.0098804%City Sanger Fresno 0.018%0.0146135%City Selma Fresno 0.015%0.0127537%CountyGlenn CountyGlenn 0.107% 0.131%0.1116978%CountyHumboldt CountyHumboldt 1.030% 1.260%1.0703185%2 of 15Page 211 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity Arcata Humboldt 0.054%0.0447660%City Eureka Humboldt 0.117% 0.143%0.1216284%City Fortuna Humboldt 0.032%0.0266837%CountyImperial CountyImperial 0.258% 0.315%0.2679006%City Brawley Imperial 0.011%0.0087986%City Calexico Imperial 0.019%0.0152799%City El Centro Imperial 0.158%0.1302522%City Imperial Imperial 0.006%0.0048791%CountyInyo CountyInyo 0.073% 0.089%0.0754413%CountyKern CountyKern 2.517% 3.079%2.6159145%City Arvin Kern 0.006%0.0046425%City Bakersfield Kern 0.212%0.1747198%City California City Kern 0.009%0.0070820%City Delano Kern 0.030%0.0249316%City McFarland Kern 0.003%0.0025644%City Ridgecrest Kern 0.015%0.0120938%City Shafter Kern 0.013%0.0103417%City Tehachapi Kern 0.009%0.0073580%City Wasco Kern 0.008%0.0069861%CountyKings CountyKings 0.293%0.2413469%City Avenal Kings 0.007%0.0056335%City Corcoran Kings 0.013%0.0107032%City Hanford Kings 0.027%0.0226038%City Lemoore Kings 0.016%0.0131900%CountyLake CountyLake 0.795%0.6545389%City Clearlake Lake 0.041% 0.050%0.0426253%City Lakeport Lake 0.021% 0.026%0.0222964%CountyLassen CountyLassen 0.319% 0.391%0.3320610%City Susanville Lassen 0.027%0.0219295%CountyLos Angeles CountyLos Angeles 13.896% 16.999%14.4437559%3 of 15Page 212 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity Agoura Hills Los Angeles 0.005%0.0040024%City Alhambra Los Angeles 0.042%0.0343309%City Arcadia Los Angeles 0.033%0.0267718%City Artesia Los Angeles 0.001%0.0005100%City Azusa Los Angeles 0.026%0.0210857%City Baldwin Park Los Angeles 0.027%0.0218520%City Bell Los Angeles 0.008%0.0068783%City Bellflower Los Angeles 0.002%0.0014485%City Bell Gardens Los Angeles 0.014%0.0114301%City Beverly Hills Los Angeles 0.065%0.0534897%City Burbank Los Angeles 0.100%0.0823132%City Calabasas Los Angeles 0.006%0.0048948%City Carson Los Angeles 0.019%0.0159805%City Cerritos Los Angeles 0.005%0.0039682%City Claremont Los Angeles 0.010%0.0082584%City Commerce Los Angeles 0.000%0.0002971%City Compton Los Angeles 0.044%0.0361882%City Covina Los Angeles 0.028%0.0229127%City Cudahy Los Angeles 0.001%0.0006020%City Culver City Los Angeles 0.055%0.0449894%City Diamond Bar Los Angeles 0.001%0.0006993%City Downey Los Angeles 0.052%0.0429994%City Duarte Los Angeles 0.003%0.0027261%City El Monte Los Angeles 0.031% 0.038%0.0318985%City El Segundo Los Angeles 0.033%0.0268020%City Gardena Los Angeles 0.034%0.0278088%City Glendale Los Angeles 0.166%0.1366586%City Glendora Los Angeles 0.016%0.0134411%City Hawaiian Gardens Los Angeles 0.005%0.0040549%City Hawthorne Los Angeles 0.050%0.0407833%4 of 15Page 213 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity Hermosa Beach Los Angeles 0.018%0.0145307%City Huntington Park Los Angeles 0.023%0.0190667%City Inglewood Los Angeles 0.059%0.0489195%City La Cañada Flintridge Los Angeles 0.003%0.0025565%City Lakewood Los Angeles 0.005%0.0039971%City La Mirada Los Angeles 0.010%0.0081572%City Lancaster Los Angeles 0.045%0.0369689%City La Puente Los Angeles 0.002%0.0012999%City La Verne Los Angeles 0.024%0.0194190%City Lawndale Los Angeles 0.002%0.0017731%City Lomita Los Angeles 0.004%0.0031940%City Long Beach Los Angeles 0.439%0.3614151%City Los Angeles Los Angeles 2.715% 3.321%2.8218811%City Lynwood Los Angeles 0.016%0.0134345%City Malibu Los Angeles 0.002%0.0019269%City Manhattan Beach Los Angeles 0.032%0.0260686%City Maywood Los Angeles 0.004%0.0035528%City Monrovia Los Angeles 0.031%0.0254455%City Montebello Los Angeles 0.030%0.0250670%City Monterey Park Los Angeles 0.031%0.0256677%City Norwalk Los Angeles 0.031%0.0258228%City Palmdale Los Angeles 0.046%0.0375827%City Palos Verdes Estates Los Angeles 0.006%0.0053102%City Paramount Los Angeles 0.011%0.0091483%City Pasadena Los Angeles 0.146%0.1200524%City Pico Rivera Los Angeles 0.022%0.0183333%City Pomona Los Angeles 0.111%0.0911933%City Rancho Palos Verdes Los Angeles 0.002%0.0012645%City Redondo Beach Los Angeles 0.062%0.0506992%City Rosemead Los Angeles 0.003%0.0028260%5 of 15Page 214 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity San Dimas Los Angeles 0.003%0.0022016%City San Fernando Los Angeles 0.013%0.0104837%City San Gabriel Los Angeles 0.018%0.0147726%City San Marino Los Angeles 0.009%0.0073791%City Santa Clarita Los Angeles 0.022%0.0178167%City Santa Fe Springs Los Angeles 0.031%0.0257531%City Santa Monica Los Angeles 0.158%0.1298513%City Sierra Madre Los Angeles 0.006%0.0048646%City Signal Hill Los Angeles 0.010%0.0084884%City South El Monte Los Angeles 0.005%0.0039603%City South Gate Los Angeles 0.020%0.0166272%City South Pasadena Los Angeles 0.012%0.0095334%City Temple City Los Angeles 0.005%0.0039498%City Torrance Los Angeles 0.112%0.0919820%City Walnut Los Angeles 0.006%0.0047305%City West Covina Los Angeles 0.049%0.0404521%City West Hollywood Los Angeles 0.013%0.0108517%City Whittier Los Angeles 0.032%0.0260581%CountyMadera CountyMadera 0.349% 0.427%0.3630669%City Chowchilla Madera 0.012%0.0097332%City Madera Madera 0.039%0.0318441%CountyMarin CountyMarin 0.564% 0.690%0.5861325%City Larkspur Marin 0.015%0.0124697%City Mill Valley Marin 0.020%0.0168401%City Novato Marin 0.028%0.0229824%City San Anselmo Marin 0.009%0.0078062%City San Rafael Marin 0.089%0.0729823%CountyMariposa CountyMariposa 0.084% 0.103%0.0876131%CountyMendocino CountyMendocino 0.439% 0.536%0.4558394%City Ukiah Mendocino 0.039%0.0317153%6 of 15Page 215 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCountyMerced CountyMerced 0.551% 0.674%0.5724262%City Atwater Merced 0.024%0.0195846%City Livingston Merced 0.006%0.0045873%City Los Banos Merced 0.020%0.0165142%City Merced Merced 0.061%0.0500762%CountyModoc CountyModoc 0.065% 0.080%0.0678250%CountyMono CountyMono 0.023% 0.029%0.0242606%CountyMonterey CountyMonterey 0.908% 1.111%0.9437083%City Greenfield Monterey 0.006%0.0050552%City King City Monterey 0.005%0.0037355%City Marina Monterey 0.017%0.0144098%City Monterey Monterey 0.041%0.0336540%City Pacific Grove Monterey 0.009%0.0074842%City Salinas Monterey 0.094%0.0776576%City Seaside Monterey 0.023%0.0191772%City Soledad Monterey 0.007%0.0060870%CountyNapa CountyNapa 0.288% 0.352%0.2994325%City American Canyon Napa 0.017%0.0136869%City Napa Napa 0.078%0.0642783%CountyNevada CountyNevada 0.441% 0.539%0.4579827%City Grass Valley Nevada 0.024%0.0197805%City Truckee Nevada 0.003%0.0023843%CountyOrange CountyOrange 4.364% 5.339%4.5363576%City Aliso Viejo Orange 0.014%0.0113841%City Anaheim Orange 0.554% 0.678%0.5759282%City Brea Orange 0.086%0.0708897%City Buena Park Orange 0.087%0.0714352%City Costa Mesa Orange 0.124% 0.152%0.1288366%City Cypress Orange 0.033%0.0271937%City Dana Point Orange 0.001%0.0005560%7 of 15Page 216 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity Fountain Valley Orange 0.055%0.0455980%City Fullerton Orange 0.137% 0.168%0.1425744%City Garden Grove Orange 0.213%0.1752482%City Huntington Beach Orange 0.247% 0.302%0.2568420%City Irvine Orange 0.139% 0.170%0.1442350%City Laguna Beach Orange 0.047% 0.058%0.0493043%City Laguna Hills Orange 0.014%0.0115457%City Laguna Niguel Orange 0.001%0.0007071%City Laguna Woods Orange 0.001%0.0006546%City La Habra Orange 0.060% 0.073%0.0621049%City Lake Forest Orange 0.012%0.0101249%City La Palma Orange 0.012%0.0095439%City Los Alamitos Orange 0.008%0.0069190%City Mission Viejo Orange 0.014%0.0117560%City Newport Beach Orange 0.179%0.1470134%City Orange Orange 0.150%0.1231320%City Placentia Orange 0.029% 0.035%0.0298912%City Rancho Santa Margarita Orange 0.001%0.0006296%City San Clemente Orange 0.008% 0.010%0.0086083%City San Juan Capistrano Orange 0.008%0.0065510%City Santa Ana Orange 0.502% 0.614%0.5213866%City Seal Beach Orange 0.020%0.0165891%City Stanton Orange 0.035%0.0291955%City Tustin Orange 0.073%0.0600341%City Westminster Orange 0.104% 0.127%0.1082721%City Yorba Linda Orange 0.044%0.0362223%CountyPlacer CountyPlacer 1.045% 1.278%1.0861002%City Auburn Placer 0.017%0.0141114%City Lincoln Placer 0.031%0.0255599%City Rocklin Placer 0.076%0.0625485%8 of 15Page 217 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity Roseville Placer 0.196%0.1616559%CountyPlumas CountyPlumas 0.205% 0.251%0.2128729%CountyRiverside CountyRiverside 4.534% 5.547%4.7128296%City Banning Riverside 0.017%0.0143848%City Beaumont Riverside 0.021%0.0171135%City Blythe Riverside 0.012%0.0096714%City Canyon Lake Riverside 0.000%0.0001761%City Cathedral City Riverside 0.067%0.0553614%City Coachella Riverside 0.021%0.0173054%City Corona Riverside 0.147%0.1207083%City Desert Hot Springs Riverside 0.024%0.0200433%City Eastvale Riverside 0.000%0.0002747%City Hemet Riverside 0.051%0.0421792%City Indio Riverside 0.056%0.0457794%City Jurupa Valley Riverside 0.001%0.0008991%City Lake Elsinore Riverside 0.021%0.0172949%City La Quinta Riverside 0.063%0.0516732%City Menifee Riverside 0.032%0.0260909%City Moreno Valley Riverside 0.137%0.1130348%City Murrieta Riverside 0.048% 0.059%0.0497423%City Norco Riverside 0.016%0.0134542%City Palm Desert Riverside 0.083%0.0682465%City Palm Springs Riverside 0.076%0.0629862%City Perris Riverside 0.009%0.0076774%City Rancho Mirage Riverside 0.052%0.0431098%City Riverside Riverside 0.268%0.2206279%City San Jacinto Riverside 0.010%0.0085936%City Temecula Riverside 0.022%0.0180086%City Wildomar Riverside 0.008%0.0062500%CountySacramento CountySacramento 3.797% 4.645%3.9465887%9 of 15Page 218 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity Citrus Heights Sacramento 0.057%0.0465312%City Elk Grove Sacramento 0.130%0.1066994%City Folsom Sacramento 0.108%0.0890850%City Galt Sacramento 0.017%0.0143704%City Rancho Cordova Sacramento 0.008%0.0067679%City Sacramento Sacramento 0.721% 0.882%0.7496530%CountySan Benito CountySan Benito 0.106% 0.130%0.1101417%City Hollister San Benito 0.027%0.0225355%CountySan Bernardino CountySan Bernardino 3.259% 3.987%3.3878124%City Adelanto San Bernardino 0.008%0.0066640%City Apple Valley San Bernardino 0.025%0.0207360%City Barstow San Bernardino 0.015%0.0122056%City Chino San Bernardino 0.064%0.0525893%City Chino Hills San Bernardino 0.001%0.0006388%City Colton San Bernardino 0.031%0.0253443%City Fontana San Bernardino 0.112%0.0920543%City Grand Terrace San Bernardino 0.006%0.0051051%City Hesperia San Bernardino 0.035%0.0291522%City Highland San Bernardino 0.004%0.0029061%City Loma Linda San Bernardino 0.009%0.0071188%City Montclair San Bernardino 0.039%0.0322108%City Ontario San Bernardino 0.179%0.1472934%City Rancho Cucamonga San Bernardino 0.084%0.0689431%City Redlands San Bernardino 0.057%0.0469150%City Rialto San Bernardino 0.073%0.0603206%City San Bernardino San Bernardino 0.178%0.1461880%City Twentynine Palms San Bernardino 0.002%0.0012605%City Upland San Bernardino 0.052%0.0424460%City Victorville San Bernardino 0.033%0.0269400%City Yucaipa San Bernardino 0.016%0.0128772%10 of 15Page 219 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity Yucca Valley San Bernardino 0.003%0.0021228%CountySan Diego CountySan Diego 5.706% 6.980%5.9309748%City Carlsbad San Diego 0.128%0.1050485%City Chula Vista San Diego 0.189% 0.231%0.1961456%City Coronado San Diego 0.044%0.0359095%City El Cajon San Diego 0.113%0.0933582%City Encinitas San Diego 0.061% 0.074%0.0630289%City Escondido San Diego 0.145%0.1192204%City Imperial Beach San Diego 0.014%0.0118283%City La Mesa San Diego 0.055% 0.068%0.0575593%City Lemon Grove San Diego 0.022%0.0183911%City National City San Diego 0.080%0.0656808%City Oceanside San Diego 0.213%0.1753428%City Poway San Diego 0.062%0.0511040%City San Diego San Diego 1.975% 2.416%2.0531169%City San Marcos San Diego 0.089%0.0733897%City Santee San Diego 0.033%0.0268401%City Solana Beach San Diego 0.017%0.0138564%City Vista San Diego 0.052%0.0425144%ConsolidatedSan FranciscoSan Francisco 3.026% 3.702%3.1457169%CountySan Joaquin CountySan Joaquin 1.680% 2.055%1.7460399%City Lathrop San Joaquin 0.009%0.0075394%City Lodi San Joaquin 0.053%0.0439484%City Manteca San Joaquin 0.054%0.0443454%City Ripon San Joaquin 0.013%0.0104219%City Stockton San Joaquin 0.313% 0.383%0.3256176%City Tracy San Joaquin 0.084%0.0692047%CountySan Luis Obispo CountySan Luis Obispo 0.816% 0.999%0.8484126%City Arroyo Grande San Luis Obispo 0.024%0.0199053%City Atascadero San Luis Obispo 0.029%0.0240680%11 of 15Page 220 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity El Paso de Robles (Paso Robles) San Luis Obispo 0.043%0.0353456%City Grover Beach San Luis Obispo 0.017%0.0137881%City Morro Bay San Luis Obispo 0.020%0.0160922%City San Luis Obispo San Luis Obispo 0.077%0.0637841%CountySan Mateo CountySan Mateo 1.074% 1.313%1.1159599%City Belmont San Mateo 0.021%0.0169860%City Burlingame San Mateo 0.019%0.0152537%City Daly City San Mateo 0.044%0.0363880%City East Palo Alto San Mateo 0.013%0.0103982%City Foster City San Mateo 0.020%0.0166101%City Half Moon Bay San Mateo 0.004%0.0031638%City Hillsborough San Mateo 0.013%0.0110029%City Menlo Park San Mateo 0.015%0.0126209%City Millbrae San Mateo 0.013%0.0105836%City Pacifica San Mateo 0.016%0.0130625%City Redwood City San Mateo 0.056%0.0463511%City San Bruno San Mateo 0.021%0.0172161%City San Carlos San Mateo 0.013%0.0108885%City San Mateo San Mateo 0.052%0.0425841%City South San Francisco San Mateo 0.043%0.0353943%CountySanta Barbara CountySanta Barbara 1.132% 1.385%1.1768968%City Carpinteria Santa Barbara 0.001%0.0008938%City Goleta Santa Barbara 0.004%0.0028969%City Lompoc Santa Barbara 0.047%0.0389379%City Santa Barbara Santa Barbara 0.122%0.1004559%City Santa Maria Santa Barbara 0.058%0.0479179%CountySanta Clara CountySanta Clara 2.404% 2.941%2.4987553%City Campbell Santa Clara 0.014%0.0112566%City Cupertino Santa Clara 0.008%0.0066824%City Gilroy Santa Clara 0.025%0.0202891%12 of 15Page 221 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity Los Altos Santa Clara 0.013%0.0103338%City Los Gatos Santa Clara 0.013%0.0103220%City Milpitas Santa Clara 0.036%0.0298120%City Morgan Hill Santa Clara 0.015%0.0124619%City Mountain View Santa Clara 0.041%0.0334608%City Palo Alto Santa Clara 0.039%0.0323080%City San Jose Santa Clara 0.294% 0.360%0.3054960%City Santa Clara Santa Clara 0.067%0.0549723%City Saratoga Santa Clara 0.004%0.0034161%City Sunnyvale Santa Clara 0.053%0.0434069%CountySanta Cruz CountySanta Cruz 0.783% 0.957%0.8135396%City Capitola Santa Cruz 0.020%0.0168191%City Santa Cruz Santa Cruz 0.143%0.1180348%City Scotts Valley Santa Cruz 0.015%0.0126525%City Watsonville Santa Cruz 0.063%0.0520136%CountyShasta CountyShasta 1.095% 1.339%1.1380191%City Anderson Shasta 0.024%0.0198896%City Redding Shasta 0.284%0.2334841%City Shasta Lake Shasta 0.004%0.0031993%CountySiskiyou CountySiskiyou 0.228% 0.279%0.2373393%CountySolano CountySolano 0.760%0.6260795%City Benicia Solano 0.031%0.0253903%City Dixon Solano 0.016%0.0130849%City Fairfield Solano 0.109%0.0897317%City Suisun City Solano 0.021%0.0176183%City Vacaville Solano 0.119%0.0976497%City Vallejo Solano 0.167%0.1373644%CountySonoma CountySonoma 1.218% 1.490%1.2661290%City Healdsburg Sonoma 0.032%0.0266929%City Petaluma Sonoma 0.081%0.0667507%13 of 15Page 222 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity Rohnert Park Sonoma 0.041%0.0340759%City Santa Rosa Sonoma 0.184%0.1519070%City Sonoma Sonoma 0.022%0.0183438%City Windsor Sonoma 0.016%0.0129298%CountyStanislaus CountyStanislaus 1.722%1.4182273%City Ceres Stanislaus 0.041%0.0340260%City Modesto Stanislaus 0.217%0.1788759%City Newman Stanislaus 0.006%0.0046964%City Oakdale Stanislaus 0.018%0.0145531%City Patterson Stanislaus 0.015%0.0126590%City Riverbank Stanislaus 0.010%0.0085699%City Turlock Stanislaus 0.065%0.0531966%CountySutter CountySutter 0.306% 0.374%0.3179548%City Yuba City Sutter 0.074%0.0606242%CountyTehama CountyTehama 0.213% 0.261%0.2216654%City Red Bluff Tehama 0.014%0.0117771%CountyTrinity CountyTrinity 0.082% 0.101%0.0855476%CountyTulare CountyTulare 0.809% 0.990%0.8410949%City Dinuba Tulare 0.014%0.0116929%City Exeter Tulare 0.004%0.0032479%City Farmersville Tulare 0.003%0.0027879%City Lindsay Tulare 0.007%0.0057111%City Porterville Tulare 0.021%0.0171845%City Tulare Tulare 0.037%0.0302273%City Visalia Tulare 0.066%0.0545872%CountyTuolumne CountyTuolumne 0.486% 0.594%0.5047621%CountyVentura CountyVentura 2.192% 2.681%2.2781201%City Camarillo Ventura 0.002%0.0012815%City Fillmore Ventura 0.002%0.0020294%City Moorpark Ventura 0.008%0.0067337%14 of 15Page 223 of 390
APPENDIX 1Participating Subdivision ClassificationParticipating Subdivision CountyAbatement PercentagePlaintiff Subdivision PercentageWeighted Allcation PercentageCity Oxnard Ventura 0.156% 0.190%0.1617338%City Port Hueneme Ventura 0.021%0.0174145%City San Buenaventura (Ventura) Ventura 0.085%0.0702181%City Santa Paula Ventura 0.014%0.0119072%City Simi Valley Ventura 0.065%0.0533043%City Thousand Oaks Ventura 0.022%0.0179902%CountyYolo CountyYolo 0.357% 0.437%0.3713319%City Davis Yolo 0.055%0.0451747%City West Sacramento Yolo 0.066%0.0544321%City Woodland Yolo 0.058%0.0477904%CountyYuba CountyYuba 0.214% 0.262%0.2225679%City Marysville Yuba 0.014%0.0112079%15 of 15Page 224 of 390
1
APPENDIX 2
Cost Reimbursement Procedure
1. Additional defined terms:
a) Costs means the reasonable amounts paid for the attorney and other City Attorney and
County Counsel staff time for individuals employed by a Plaintiff Subdivision at the
contractual rate, inclusive of benefits and overhead, together with amounts paid for court
reporters, experts, copying, electronic research, travel, vendors, and the like, which were
paid or incurred (i) prior to July 21, 2021 in litigation against any Opioid Defendant
and/or (ii) in negotiating and drafting this CA Distributor Allocation Agreement. Costs
does not include attorneys’ fees, costs, or expenses incurred by private contingency fee
counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of
Costs, in whole or in part, from funds available under Section X and Exhibit R of the
Distributor Settlement Agreement or Section XI and Exhibit R of the Janssen Settlement
Agreement, have been finally determined under the provisions of those agreements,
whichever comes first.
c) Special Master means a retired judicial officer or former public lawyer, not presently
employed or retained by a Plaintiff Subdivision, who will aggregate, review, and
determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a
claim for reimbursement of Costs. The Special Master will be selected by a majority vote
of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote.
d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will
review and approve the invoices submitted by the Special Master reflecting his or her
reasonable time and expenses.
2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants
accountable for creating and profiting from the opioid crisis, and this effort has been a
significant catalyst in creating a National Opioid Settlement with Distributors, Johnson &
Johnson, and others.
b) Claims Procedure.
i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in
part, from funds available under Section X or Exhibit R of the Distributor
Settlement Agreement or Section XI or Exhibit R of the Janssen Settlement
Agreement, it must first make a timely application for reimbursement from such
funds. To allow sufficient time for determination of those applications, no claim for
Page 225 of 390
2
Costs to the CA Subdivision Fund under this Agreement may be made before the
First Claims Date.
ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund
must submit a claim to the Special Master no later than forty-five (45) days after the
First Claims Date. The Special Master will then compile and redistribute the
aggregated claim totals for each Plaintiff Subdivision via email to representatives of
all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each
attorney or staff member included in the claim, the following information: name,
title, total hours claimed, hourly rate (including, if sought, benefits and share of
overhead), and narrative summarizing the general nature of the work performed by
the attorney or staff member. For reimbursement of “hard” costs, the subdivision
may aggregate across a category (e.g., total for travel costs). It is the intention of the
Plaintiff Subdivisions that submission of documents related to reimbursement of
Costs does not waive any attorney-client privilege or exemptions to the California
Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or
details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each
Plaintiff Subdivision of the final determination of its claim, and will provide a list of
all final awards to all Plaintiff Subdivisions by email or, upon request, via First
Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider
any final award within twenty-one (21) days. The Special Master will make a final
determination on any such reconsideration request within thirty (30) days of receipt.
v. Any decision of the Special Master is final and binding, and will be considered
under the California Arbitration Act, Code of Civil Procedure section 1280 et seq.
as a final arbitration award. Nothing in this agreement is intended to expand the
scope of judicial review of the final award for errors of fact or law, and the Parties
agree that they may only seek to vacate the award if clear and convincing evidence
demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2,
subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final
awards are made, together with any final determination of a request for
reconsideration, to seek review in the Superior Court of California, pursuant to Code
of Civil Procedure, section 1285, where the State has filed its Consent Judgment.
vi. The Special Master will prepare a report of Costs that includes his or her fees and
expenses at least ninety (90) days before the Payment Date for each Annual
Payment. The Special Master’s preparation of a report of Costs does not discharge a
Plaintiff Subdivision’s reporting requirement under Section V.B.2 of the Distributor
Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating
Subdivision, will submit to the Settlement Fund Administrator and the Distributors a
Page 226 of 390
3
report of the fees and expenses incurred by the Special Master pursuant to Section
V.B.2 of the Distributor Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and
expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior
to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee
will promptly review and, if reasonable, approve the Special Master’s invoice for
compensation. The Plaintiff Subdivision Committee will submit approved invoices
to the Settlement Fund Administrator for payment. The Special Master’s approved
invoices have priority and will be paid first from the CA Subdivision Fund before
any award of Costs, subject to the limitation in Section 2.c.v below.
ii. Final Awards of Costs that do not exceed seventy-five thousand dollars
($75,000.00) will be paid next in priority after the Special Master’s approved
invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will
be paid proportionally from the funds remaining in that year’s Annual Payment.
iv. Any claim for Costs that is not paid in full will be allocated against the next year’s
distribution from the CA Subdivision Fund, until all approved claims for Costs are
paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any
year be used to pay Costs or the Special Master’s approved invoices.
vi. In no event shall more than $28 million of the total CA Subdivision Funds paid
pursuant to the Distributor Settlement Agreement and the Janssen Settlement
Agreement be used to pay Costs.
d) Collateral Source Payments and Third-Party Settlement.
i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by
any source of funds created as a result of litigation against an Opioid Defendant for
its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision
Fund by that amount. If a Plaintiff Subdivision has already received a final award of
Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of
Costs via a payment to the Settlement Fund Administrator or notify the Settlement
Fund Administrator that its allocation from the next and subsequent Annual
Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying
any prior award of Costs, that repayment will occur as soon as is feasible after the
Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more
than 90 days after its receipt from the collateral source. The Settlement Fund
Administrator will add any repaid Costs to the CA Subdivision Fund.
Page 227 of 390
4
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise
against any Opioid Defendant outside of the National Opioid Settlement, the
monetary portion of such settlement, net of fees paid to outside contingency fee
counsel and of funds earmarked strictly for abatement, will be credited against its
Costs and the subdivision will be ineligible to recover those credited Costs from the
CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or
compromises against any Opioid Defendant outside of the National Opioid
Settlement will negotiate for funds to repay any Costs it previously received from
the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from
the CA Subdivision Fund. If such a settlement is paid after all final approved claims
for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision
will reimburse the CA Subdivision Fund in that amount by making payment to the
Settlement Fund Administrator to add to the CA Subdivision Fund in a manner
consistent with the repayments described in section 2.d.i above.
Page 228 of 390
APPENDIX 3
CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio
issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate
Litigation, MDL 2804, addressing contingent attorney fee contracts between political
subdivisions eligible to participate in the Distributors Settlement and their counsel.
In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel
[COUNSEL], and the California Attorney General, on behalf of the State of California, are
entering into this California-Subdivision Backstop Agreement (Backstop Agreement).
[SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State Back-
Stop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’
Fees, Expenses and Costs) of the Distributor Settlement Agreement.
Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the
Distributor Settlement Agreement and CA Distributor Allocation Agreement, as well as any
other limitations imposed by law, use funds that it receives from the Distributor Settlement CA
Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from
[SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may
receive from the national Attorney Fee Fund, will not exceed a total contingency fee of
[PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from
the Distributors Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created
under the Distributor Settlement Agreement before seeking or accepting payment under this
backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept
payment under this backstop agreement of any litigation fees or costs that have been reimbursed
through prior settlements or judgments.
The Attorney General is executing this agreement solely because the definition of “State Back-
Stop Agreement” in Exhibit R of the Distributor Settlement Agreement requires such agreements
to be between “a Settling State” and private counsel for a participating subdivision. Neither the
California Attorney General nor the State of California have any obligations under this Backstop
Agreement, and this Backstop Agreement does not require the payment of any state funds to
[SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
Page 229 of 390
SAMPLEEXHIBIT K
Subdivision and Special District Settlement Participation Form
Will your subdivision or special district be signing the settlement participation forms for the Allergan and
Teva Settlements at this time?
[ ] Yes [ ] No
Governmental Entity: San Bernardino County State: CA
Authorized Signatory:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated
November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released
Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2.Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation
Activities.
3.The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
4.The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
5.By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
1
ATTACHMENT 8
Page 230 of 390
SAMPLE7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Allergan Settlement.
8.The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9.The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity whether elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a release to
the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely,
unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in
bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability
for any Released Claims against any Released Entity in any forum whatsoever. The releases
provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as
to give the Released Entities the broadest possible bar against any liability relating in any way
to Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Allergan Settlement shall be a complete bar to any Released Claim.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Allergan Settlement.
11.In connection with the releases provided for in the Allergan Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Allergan Settlement.
12.Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted differently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
2
Page 231 of 390
SAMPLEI have all necessary power and authorization to execute this Settlement Participation Form on behalf
of the Governmental Entity.
Signature:
Name:
Title:
Date:
3
Page 232 of 390
Item 9.h.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Jessica Matson, Legislative & Information Services Director/City Clerk
SUBJECT: Consideration of Cancellation of July 11, 2023 City Council Meeting
DATE: April 11, 2023
SUMMARY OF ACTION:
Cancellation of the July 11, 2023 City Council meeting.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is minimal cost savings due to reduced staff time associated with agenda and
meeting preparation.
RECOMMENDATION:
Cancel the regularly scheduled Council meeting of July 11, 2023.
BACKGROUND:
On August 14, 2007, the City Council considered the concept of establishing a policy of
designating a summer month for cancellation of Council meetings. The purpose was to
designate a month that would be “dark” from Council meetings in the summer so the City
Council and staff could coordinate their vacations during th is period. Staff recommended
the month of July because it was the only full month in which school is not in session and
because it includes the July 4th holiday.
ANALYSIS OF ISSUES:
The City Council meets twice a month on the second and fourth Tuesdays. W hen the
Council considered the policy of designating a summer month for cancellation, concerns
were expressed regarding the impact on other meeting agendas and potential delays to
important items. Therefore, it was suggested that one meeting be cancelled i n July as a
compromise. The City Council concurred and a policy was established to cancel the first
meeting in July of each year. The policy was reviewed in October 2022 as part of the City
Council Handbook update. The updated Council Handbook was approved and it is
recommended that this policy be observed this year by cancelling the July 1 1th meeting.
Page 233 of 390
Item 9.h.
City Council
Consideration of Cancellation of July 11, 2023 City Council Meeting
April 11, 2023
Page 2
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Cancel the July 11, 2023 City Council Meeting;
2. Cancel the July 25, 2023 City Council Meeting;
3. Do not cancel any meetings in July 2023;
4. Direct staff to make changes to the current policy; or
5. Provide other direction to staff.
ADVANTAGES:
Cancelling the July 11, 2023 meeting provides the City Council and staff an opportunity
to plan a vacation during the summer months without being absent from a meeting or
being concerned about missing an item that is important for their vote or input.
DISADVANTAGES:
Cancellation of a regular meeting may result in heavier agendas at the prior and following
meetings.
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 i n accordance with
Government Code Section 54954.2.
Page 234 of 390
Item 9.i.
MEMORANDUM
TO: City Council
FROM: Michael Martinez, Chief of Police
BY: David Culver, Police Commander
SUBJECT: Receive and File Annual Military Equipment Report Pursuant to
California AB 481; Review and Consider Renewal of Ordinance No. 714
DATE: April 11, 2023
SUMMARY OF ACTION:
Annual update regarding the Police Department’s ongoing use of military equipment as
defined in Assembly Bill 481 (AB 481) and codified in Government Code sections 7070
through 7075;Gov. Code 7071(e)(1) requires a motion to approve the renewal of
Ordinance No. 714 to authorize continued use of the spec ified equipment listed in the
Police Department’s Military Equipment Report.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The Arroyo Grande Police Department is currently in possession of items categorized as
military equipment following the Council’s adoption of Ordinance No. 714 Military
Equipment Use Policy. The fiscal impacts associated with Ordinance No. 714 for FY
2022-23 include purchasing specialized equipment, annual training costs, and
replacement of munitions totaling $15,245.71. The cost of maintaining the current
inventory and purchasing new equipment in 2023 is outlined in the Police Department’s
Military Equipment Report.
RECOMMENDATION:
Receive and file the “Military Equipment Use Inventory Report” in accordance with
California Assembly Bill 481 and make a motion to approve the renewal of Ordinance No.
714.
BACKGROUND:
On September 30, 2021, Assembly Bill 481 (AB 481) was codified in Government Code
sections 7070 through 7075 and required the governing body of a law enforcement
agency to adopt a “Military Equipment Use” Policy (“Policy”) no later than May 1, 2022.
The Police Department complied with AB 481 in the development of a policy, holding a
community meeting, and making the Policy documents available on their website prior to
Page 235 of 390
Item 9.i.
City Council
Annual Update on Military Equipment Pursuant to California AB 481
April 11, 2023
Page 2
the Council adopting the Policy via Arroyo Grande City Ordinance No. 714 on April 12,
2022 (Attachment 3).
AB 481 requires the City Council to review, at least annually, the Ordinance adopting the
Military Equipment Use Policy, and vote on whether to renew the ordinance to allow the
Police Department to continue to use the equipment covered by the Policy. AB 481 also
requires the Police Department to present an annual report to the City Council that covers:
1) the use of the equipment; 2) any complaint(s) or concern(s) regarding the use of the
equipment; 3) results of any internal audits on the use of the equipment ; 4) the annual
costs for the equipment, including acquisition, personnel, training, storage, and other
ongoing costs, as well as the source from which the funds will be provided for this
purpose; 5) the quantity of each type of military equipment possessed by the agency; and
6) if the Police Department intends to purchase additional equipment in the following year,
the quantity sought for each type of equipment.
The procedural requirements of AB 481 for the Council to approve the Annual Military
Equipment report are defined by California Government Code Section 7072 as follows:
A law enforcement agency that receives approval of a military equipment use
policy pursuant to Section 7071 shall submit to the governing body an annual
military equipment report for each type of military equipment approved by the
governing body within one year of approval, and annually thereafter for as long as
the military equipment is available for use. The law enforcement agency shall also
make each annual military equipment report required by this section publicly
available on its internet website for as long as the military equipment is available
for use.
ANALYSIS OF ISSUES:
AB 481 was introduced to increase transparency and accountability for the funding,
acquisition, and use of military equipment by state and local law enforcement agencies.
The legislation includes a broad definition of what constitutes “military equipment,”
including items such as drones that are commonly used in everyday society by members
of the public and have been effectively deployed for many years by law enforcement
agencies to respond to emerging threats, civil unrest, and mass casualty events.
Furthermore, several of the items the bill defines as “military equipment” are not
necessarily used by the military but are less -than-lethal, standard issue equipment for
peace officers. While possession of such equipment does not warrant its use in common
circumstances, this essential equipment is deployed based on the situational necessity
to effectively de-escalate intense situations or bring volatile conditions and critical
incidents to a safe resolution.
Staff reviewed department records and determined there were no complaints or concerns
raised regarding the use of the City’s military equipment in 2022. Staff’s internal audit of
Page 236 of 390
Item 9.i.
City Council
Annual Update on Military Equipment Pursuant to California AB 481
April 11, 2023
Page 3
equipment use determined there were no violations of the Policy (AGPD Policy #709) or
any other departmental policy. Included herewith as Attachment 2 is an Annual Military
Equipment Report, prepared pursuant to the requirements of Government Code section
7072.
New Equipment for 2023
Staff has reviewed the equipment needs for the Police Department and determined there
is a need to purchase more unmanned aircraft system (UAS) (specifically, four “DJI Mavic
Minis”), more specifically identified in the 2023 Military Equipment Inventory included as
Attachment 1, and which would fall under the Military Equipment Use Policy. The DJI
Minis UAS are available through commercial retail stores selling to the public.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. 1) Receive and file Annual Military Equipment Report pursuant to California AB
481; and 2) Review and make a motion to renew Ordinance No. 714 ;
2. Do not move to approve the renewal of Ordinance No. 714 or accept the annual
Military Equipment Report; or
3. Provide alternative direction to staff.
ADVANTAGES:
Taking the recommended action will comply with State law requirements and will promote
transparency involving Police Department acquisitions, use, and/or purchases of
equipment identified and defined in AB 481. The equipment outlined in this report is
essential to law enforcement’s mission.
DISADVANTAGES:
No disadvantages are identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. In accordance with AB 481, the proposed Military
Equipment Use Policy was also posted on the Police Department’s website ,
www.agpd.org, on March 16, 2023.
Attachments:
1. 2022 Military Equipment Inventory
2. 2023 Annual Military Equipment Report
3. Ordinance No. 714
Page 237 of 390
ARROYO GRANDE POLICE DEPARTMENT
2022 MILITARY EQUIPMENT INVENTORY
1 | P a g e
ATTACHMENT 1
1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment
necessary to control it remotely.
Agency cost of maintaining the UAV (training and software) program in 2022: $750.00
a) Description, quantity, capabilities, and purchase cost of current UAS:
i. DJI MAVIC ENTERPRISE Advanced, cost: $6,900 each, quantity: 2. UAS that has a
color and inferred camera as well as audible speaker and light. Capable of video
recording, weighs 909 grams, and has approx. 30 minutes of flight time.
b) Purpose
To be deployed when its view would assist officers or incident commanders with the
following situations, which include but are not limited to:
i. major collision investigations.
ii. search for missing persons.
iii. natural disaster management.
iv. crime scene photography.
v. SWAT, tactical, or other public safety and life preservation missions.
vi. In response to specific requests from local, state, or federal fire authorities for
fire response and/or prevention.
c) Authorized Use
Only assigned operators who have completed the required training shall be permitted to
operate the DJI Mavic during approved missions.
d) Expected Life Span
All UAS equipment, 3-5 years.
e) Fiscal Impact
Annual maintenance and battery replacement cost is approximately $200.
f) Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS
operation. In addition, each operator must attend a department training and ongoing
quarterly training.
g) Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, and the City of Arroyo Grande
UAS policy. It is the policy of the AGPD to utilize UAS only for official law enforcement
Page 238 of 390
ARROYO GRANDE POLICE DEPARTMENT
2022 MILITARY EQUIPMENT INVENTORY
2 | P a g e
ATTACHMENT 1
purposes, and in a manner that respects the privacy of our community, pursuant to State
and Federal law.
2. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less
lethal tool to launch impact rounds.
This platform was maintained at no cost to the city during the 2022 calendar year.
a) Description, quantity, capabilities, and purchase cost
1) DEFENSE (LMT) TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, cost: $1000, quantity:
9. The 40MM Single Launcher is a tactical single shot launcher that features an
expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with
light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in
cartridge length. It will launch a 40MM less lethal round up to 131 feet. This less lethal
platform replaced the Bean Bag shotgun and is authorized to be used by patrol
personnel. The launcher is orange in color and has a holographic red dot sighting
system.
2) BYRNA SDI. The 40mm BIP is a blunt impact kinetic energy round. Cost: $22 per round,
quantity: 50. The patented technology involves an internal energy absorption system,
as well as a collapsible gel head. BIPs have an effective minimal optimal range of 6.6
feet (2m), though are operational at point blank. In independent party Blunt Trauma
Testing of several 40mm Impact rounds, the BIP round had the lowest impact force
response. The Viscous criterion (VC) was used as an indicator of injury severity, the
higher (VC) value the higher the risk of injury. The BIP Peaked at (0.10) while the other
rounds peaked at (.012-.097) The BIP has been designed utilizing ballistic technologies,
which allow for consistent in-flight stability throughout an almost flat trajectory.
These rounds have repeatedly shown effectiveness and reliability at ranges up to 150
feet (45m)
3) DEFENSE TECHNOLOGY, FERRETT 40MM LIQUID BARRICADE PENETRATOR ROUND,
cost: $23, quantity: 15. A 40MM round used to penetrate barriers, such as windows,
hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose
cone ruptures and instantaneously delivers a small chemical payload inside of a
structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily
used to dislodge barricaded subjects from confined areas. Its purpose is to minimize
the risks to all parties through pain compliance, temporary discomfort and/or
incapacitation of potentially violent or dangerous subjects. This is for use by SWAT
team members only.
Page 239 of 390
ARROYO GRANDE POLICE DEPARTMENT
2022 MILITARY EQUIPMENT INVENTORY
3 | P a g e
ATTACHMENT 1
b) Purpose
To limit the escalation of conflict and preserve lives where the employment of lethal force is
prohibited or undesirable.
c) Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals.
ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained.
iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d) Training
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in
there use by POST certified less lethal and chemical agent instructors.
e) Lifespan
Defense Technology LMT- 25 years.
BYRNA SDI. The 40mm BIP- 5 years.
Model 2262 Liquid Barricade Penetrator round- 5 years.
f) Fiscal Impact
Annual maintenance is approximately $25 for each launcher.
Estimated cost of 40mm rounds for 2023 is $500.
g) Legal and Procedural Rules
Use is established under AGPD policy 308.8. It is the policy of the AGPD to utilize the 40mm
only for official law enforcement purposes, and pursuant to State and Federal law, including
those regarding the use of force.
3. Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults,
hostage rescue, room entry or other high-risk arrest situations.
This platform was maintained at no cost to the city during the 2022 calendar year.
a) Description, quantity, capabilities, and purchase cost
1) Defense Technology #8901, Cost $50 Quantity: 6. The Distraction Device® Reload
utilizes a standard military-style M201A1 type fuze and produces 175 dB of sound
output at 5 feet and 6-8 million candelas for 10 milliseconds. This reload is for use in
the Distraction Device low roll body.
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2022 MILITARY EQUIPMENT INVENTORY
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ATTACHMENT 1
b) Purpose
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-
term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical
advantage.
c) Authorized Use
i. Diversionary Devices shall only be used:
ii. By officers who have been trained in their proper use.
iii. In hostage and barricaded subject situations.
iv. In high risk warrant (search/arrest) services where there may be extreme
hazards to officers.
v. During other high-risk situations where their use would enhance officer safety.
vi. During training exercises.
d) Lifespan
Until used.
e) Fiscal Impact
No annual maintenance.
f) Training
Prior to use, officers must attend diversionary device training that is conducted by Post certified
instructors.
g) Legal and Procedural Rules
Use is established under AGPD policy 408. It is the policy of the AGPD to utilize diversion devices
only for official law enforcement purposes, and pursuant to State and Federal law regarding the
use of force.
4. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to
make bullets spin and thereby have greater accuracy over a long distance.
Agency cost of maintaining the Patrol Rifle program in 2022: $9,873.21
Agency cost of maintaining the Patrol Rifle ammunition in 2022: $4,292.50
a) Description, quantity, capabilities, and purchase cost
1) Sig Sauer, MCX Virtus Patrol Semi-Automatic Rifle. Cost $2,000, quantity 27, officially
designated Rifle, Caliber 5.56 NATO. Standard issued service weapon. (10 new Rifles
were purchased with expected delivery in 2023, the new rifles were purchased after
receiving a $7,720 credit for department owned weapons on longer in service)
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2022 MILITARY EQUIPMENT INVENTORY
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2) Remington .223 CALIBER 55 GRAIN RIFLE ROUND, quantity 500 rounds. cost: $0.51 per
round. Remington ammo made by PMC. This full metal jacket rounds are used for
training and CA POST required qualification.
3) Hornady Black 5.56 Nato 75 GRAIN HD SBR RIFLE ROUND, quantity 4000 rounds. Cost
$0.85 per round. 5.56 Nato 75 gr InterLock HD SBR Hornady Black is designed specifically
for 10.5"-11.5" SBR’s by using proprietary propellant technology and a bullet designed
with technology from industry leading Critical Duty FlexLock bullets. This round provides
exceptional ammunition performance in SBR’s suppressed or unsuppressed, with
virtually no flash or residue, dramatically reduced sound signature, will not foul or
overheat suppressors, uniform velocity and accuracy, and provides controllable rate of
fire in automatic platforms. Designed to meet the requirements of the FBI protocol, this
round is the optimum choice for 10.5"-11.5" barreled 5.56 rifles. This is the Duty round
for standard issue patrol rifles.
b) Purpose
To be used as precision weapons to address a threat with more precision and/or greater
distances than a handgun, if present and feasible.
c) Authorized Use
Only members that are POST certified are authorized to use a rifle.
d) Lifespan
1) Sig Sauer, MCX Virtus Patrol Semi-Automatic Rifle - no expiration.
2) Remington .223 CALIBER 55 GRAIN RIFLE ROUND - no expiration.
3) Hornady Black 5.56 Nato 75 GRAIN HD SBR RIFLE ROUND - no expiration.
e) Fiscal Impact
Annual maintenance is approximately $50 for each rifle. Annual Ammunition cost is
accounted for in current department budget. Rifle ammunition accounts for
approximately $4500 annually.
f) Training
Prior to using a rifle officers must be certified by POST instructors in the operation of the rifle.
Additionally, all members that operate any rifle are required to pass a range qualification 4
times a year.
g) Legal and Procedural Rules
Use is established under AGPD policy 312 and 432. It is the policy of the AGPD to utilize rifles
only for official law enforcement purposes, and pursuant to State and Federal law regarding the
use of force. All Rifles deployed by Arroyo Grande Police Department are owned by the Police
Department.
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2022 MILITARY EQUIPMENT INVENTORY
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ATTACHMENT 1
5. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released
when deployed.
This platform was maintained at no cost to the city during the 2022 calendar year.
As of 2023 all current inventories of Chemical Agent and Smoke Canisters have expired and will be
disposed of in 2023. Arroyo Grande Police Department has no plans to continue the use of or maintain
inventory levels of this identified military item.
a) Description, quantity, capabilities, and purchase cost
1) DEFENSE TECHNOLOGY, Han-Ball CS GRENADE, #519, cost: $48, quantity: 10. The Han-
Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15-
20 seconds. The rubber ball round has an overall size of 4.8 in. tall, including the fuse
head, and 3.1 in. diameter. This devise is for use by members of the SWAT team in a
tactical environment.
2) DEFENSE TECHNOLOGY Rubber Ball Blast Grenade, Inert. Cost $ 50, quantity 2. The Inert
Rubber Blast Ball Grenade can be used effectively in both training and crowd
management situations. It simulates the dispersion of Riot Control Agents from a CS,
CN, or OC Blast Ball in a training environment, but without the actual chemical
exposure. Deployed in crowd management /custodial situations to deliver light/sound
stimuli from a rubber ball style grenade without chemical agent exposure. This devise is
for use by members of the SWAT team in a tactical environment.
b) Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals.
ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained.
iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
vi. Authorized Use
vii. Only officers who have received POST certification in the use of chemical agents
are authorized to use these agents.
c) Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical
agent instructors.
d) Lifespan
5 years from manufacturing date.
e) Fiscal Impact
No annual maintenance.
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2022 MILITARY EQUIPMENT INVENTORY
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f) Legal and Procedural Rules
Use is established under the AGPD use of force policy 300. It is the policy of the AGPD to utilize
chemical agents only for official law enforcement purposes, and pursuant to State and Federal
law, including those regarding the use of force.
6. PepperBall Launcher: A device that discharges irritant projectiles.
Agency had no cost of maintaining PepperBall Launcher in 2022.
Agency cost of maintaining PepperBall projectiles in 2022: $330
a) Description, quantity, capabilities, and purchase cost
1) PepperBall FTC CARBINE, cost: $590, quantity 4. The FTC is a high-capacity, semi-
automatic launcher that is reliable and accurate, it features a hopper that can hold up to
180 rounds and a flexible air source configuration. PepperBall® is the most versatile
non-lethal system available, allowing officers to deploy it in a wide range of situations.
PepperBall's many uses include:
1. Anti-riot
2. Combative suspects
3. Vehicle interdiction
4. Non-compliant individuals
2) PepperBall LIVE-X PROJECTILE, cost: $3 per projectile. The Live Projectile contains a
concentrated amount of PAVA pepper powder. Discharged from a PepperBall Launcher,
the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft
and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder.
3) PepperBall Glass Breaker Cost $2.50 per Projectile, Quantity 60. A solid polymer
projectile used for breaking out residential windows and side-glass of automobiles. Not
for use on humans or animals.
4) PepperBall INERT round. Cost $1 per projectile. Containing a harmless, scented powder,
this projectile is best suited for training, qualifications, and direct impact when chemical
exposure is not desired.
b) Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Situations for use of the less lethal weapon systems may include but, are not limited to:
i. Self-destructive, dangerous and/or combative individuals.
ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained.
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2022 MILITARY EQUIPMENT INVENTORY
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ATTACHMENT 1
iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c) Authorized Use
Only those officers who have been trained in the use of PepperBall launchers are authorized to
use the PepperBall launchers.
d) Training
Sworn members utilizing PepperBall launchers and projectiles are trained in there use by
PepperBall certified less lethal and chemical agent instructors.
e) Lifespan
i. PepperBall FTC Carbine- 20 years
ii. PepperBall Live-X Projectile- 3 years
iii. PepperBall Glass Breaker- 20 years
iv. PepperBall INERT Projectile- 3 years
f) Fiscal impact
Annual maintenance is approximately $25 for each PepperBall launcher.
Estimated cost for projectiles in 2023 is $300
g) Legal and Procedural Rules
Use is established under AGPD policy 308.6.1. It is the policy of the AGPD to utilize PepperBall
only for official law enforcement purposes, and pursuant to State and Federal law, including
those regarding the use of force.
MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When munitions stock for "military equipment" have reached significantly low levels, or have been
exhausted, the Department may order replacement stock based upon current approved city operational
budget in a calendar year without city council approval to maintain essential availability for the
Department’s needs. The purchase of this would be included in the annual report.
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ARROYO GRANDE POLICE DEPARTMENT
2023 ANNUAL MILITARY EQUIPMENT REPORT,
Prepared Pursuant to Government Code § 7072
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ATTACHMENT 2
In accordance with Government Code section 7072, the Arroyo Grande Police Department hereby submits
for City Council review and approval the following annual military equipment report.
1. A summary of how the military equipment was used and the purpose of its use.
All military equipment owned by the Department, which is detailed in Exhibit A to the Department’s
Military Equipment Use Policy, was used exclusively for the purposes designated by that Policy. In general,
those purposes include: 1) use of unmanned aircraft systems when they would assist officers or incident
commanders in viewing urgent situations including collisions, missing persons, and crime scenes, among
other things; 2) use of 40 mm impact round launchers and rounds to limit the escalation of conflict and
preserve lives where the employment of lethal force is prohibited or undesired; 3) use of distraction devices
to produce atmospheric over-pressure and brilliant white light and, as a result, cause short‐term (6 ‐ 8
seconds) physiological/psychological sensory deprivation to give officers a tactical advantage; 4) use of
patrol rifles as precision weapons to address a threat from a greater distance than handguns when feasible;
the patrol rifles provide officers with a higher probability of stopping a treat and protecting the public 5)
use of chemical agents and smoke canisters to limit the escalation of conflict where lethal force is
prohibited or undesirable; and 6) use of PepperBall launchers and projectiles to limit escalation of conflict
where lethal force is prohibited or undesirable.
In 2022, the AGPD used items from Categories 1, 2, 4, and 6 for their stated purpose. These categories were
use in operational deployments and during training actives to ensure officers are prepared to deploy the
equipment in the safest manner for the protection of life. All officers received quarterly training and must
complete a standard qualification course. All officers have completed a Patrol Rifle Course certified by the
State of California Commission on Peace Officer Standards and Training. To support further Department
operations, the AGPD plans to purchase four new unmanned aircraft systems (the “DJI Mavic Mini”) in
2023. AGPD also plans to maintain the patrol rifles program in 2023 and will report on the program as part
of its next AB 481 annual update to the Council. Finally, AGPD would like to note that as of 2023, all current
inventories of Category 5 (chemical agents and smoke canisters) have expired and will be disposed of – the
Department does not plan to continue the use of, or otherwise maintain, inventory levels of this category.
2. A summary of any complaints or concerns received concerning the military equipment.
The Department did not receive any complaints or citizen outreach concerning the Department’s Military
Equipment Use Policy or ongoing use of said equipment.
3. The results of any internal audits, any information about violations of the military equipment use
policy, and any actions taken in response.
There were no violations of the Policy, and accordingly, no audits or actions took place in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel,
training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what
source funds will be provided for the military equipment in the calendar year following
submission of the annual military equipment report.
Costs associated with military equipment in 2022 totaled $15,245.71. This breaks down as follows:
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ARROYO GRANDE POLICE DEPARTMENT
2023 ANNUAL MILITARY EQUIPMENT REPORT,
Prepared Pursuant to Government Code § 7072
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ATTACHMENT 2
$750 for use of the Department’s two Unmanned Aerial Systems (UAS, or drones) for search
and arrest of offenders, traffic collision investigations, special event security, fire department
support, and firework response.
No cost in 2022 for use of the Department’s nine 40 mm launchers and munitions; these items
were used during personnel training, but were not deployed during field patrol operations in
2022. Current stock of duty munitions in this category is 50.
$9,873.21 to maintain the Patrol Rifle program in 2022, and $4,292.50 to purchase patrol rifle
ammunition in 2022, for use of the Department’s 27 patrol rifles during field patrol operations
and personnel training. Current approximate stock of duty rifle rounds is 4,000, and training
rounds is 500.
No cost in 2022 for use of the Department’s six distraction devices; these were not needed for
field patrol operations or personnel training.
No cost in 2022 for use of the Department’s 12 chemical agent and smoke canisters; these have
now expired, and use will be discontinued by the Department in 2023.
$330 for projectiles for use with the Department’s four PepperBall launchers. Current
approximate stock of duty rounds is 300.
The Department anticipates spending approximately the same amount to use and maintain its current
inventory in 2023, and also anticipates spending approximately $2,000 to purchase four new UAS (the DJI
Mavic Mini), to equip new pilots to be added to the Department’s UAS team. The cost of maintaining the
current inventory and purchasing the four new UAS will be sought during the review of the City’s Fiscal Year
budget for 2023.
5. The quantity possessed for each type of military equipment.
The quantity for each type of military equipment used in 2022 is listed in Attachment 1 (Inventory List) to
the Military Equipment Use Policy, available on the City’s website and in person at the Department.
6. If the law enforcement agency intends to acquire additional military equipment in the next year,
the quantity sought for each type of military equipment.
The Department intends to spend approximately $2,000 in 2023 to acquire four new UAS (the DJI Mavic
Mini). These are miniature UAS that can record video, with approximately 25 minutes of flight time. The
purpose of acquiring these new UAS is to equip new pilots that the Department plans to add to its UAS
team, to facilitate more readily available UAS operations by patrol officers. The smaller profile of the DJI
Mavic Minis is beneficial in indoor or confined space deployments. By providing an aerial view perspective,
drones have proven to be a valuable tool for reducing risk of harm to officers and suspects, and in providing
public protection.
In addition, when munitions for any stock identified as military equipment have reached significantly low
levels or have been exhausted, the Department may order replacement stock based upon current approved
city operational budget in a calendar year without City Council approval to maintain essential availability for
the Department’s needs. Any such purchases will be included in the following year’s AB 481 report.
Page 247 of 390
ATTACHMENT 3
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Page 271 of 390
Item 9.j.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
SUBJECT: Consider Adoption of Resolutions Ordering the Preparation and Filing
of Annual Engineer’s Reports for the Parkside Village Assessment
District, Grace Lane Assessment District, and Landscaping and
Lighting District No. 1, Within Tract 1769, for Fiscal Year
DATE: April 11, 2023
SUMMARY OF ACTION:
Adoption of the Resolutions will authorize preparation of the Annual Engineer’s Reports
for the Parkside Village, Grace Lane, and Tract 1769 Assessment Districts, as required
by the California Landscape and Lighting Act of 1972.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
For Fiscal Year (FY) 2022-2023 the total budgets for the three subject Assessment
Districts were as follows:
Parkside Village Assessment District $ 38,900
Grace Lane Assessment District $ 19,435
Landscaping and Lighting Assessment District No. 1 (Tract 1769) $ 5,900
It is anticipated that the FY 2023-2024 will be similar in total budget amounts.
RECOMMENDATION:
1) Adopt Resolutions ordering the preparation and filing of Annual Engineer’s Reports for
the Parkside Village Assessment District, Grace Lane Assessment District, and
Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2023-24.
2) Determine that adopting the resolutions ordering the Engineer’s reports 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 272 of 390
Item 9.j.
City Council
Consider Adoption of Resolutions Ordering the Preparation and Filing of Annual
Engineer’s Reports for the Parkside Village Assessment District, Grace Lane
Assessment District, and Landscaping and Lighting District No. 1, Within Tract
1769, for Fiscal Year
April 11, 2023
Page 2
BACKGROUND:
The California Landscape and Lighting Act of 1972 (California Streets and Highways
Code section 22500 et seq., the “Act”) allows local governmental agencies to form
assessment districts for the purpose of financing the costs and expenses of landscaping
and lighting public areas. Accordingly, the City of Arroyo Grande formed the following
three separate assessment districts in compliance with the Act:
Tract Number Assessment District Name Date formed
Tract 2310 Parkside Village Assessment District November 8, 2005
Tract 2236 Grace Lane Assessment District November 28, 2006
Tract 1769 Landscape and Lighting District No. 1 May 12, 1992
The Act requires that the City complete the following process each fiscal year in order to
levy and collect assessments:
1. Adopt a Resolution describing any proposed new improvements or any substantial
changes in existing improvements and ordering preparation and filing of an
Engineer’s Report.
2. Approve the Engineer’s Report and adopt a Resolution of Intention. The Resolution
of Intention declares the City Council’s intention to levy and collect assessments
under the subject assessment districts for the upcoming fiscal year. It also states
whether the assessment is proposed to change from the previous year and sets a
date, hour, and place for a public hearing.
3. Conduct the public hearing affording all interested parties the opportunity to hear
and be heard.
4. Adopt a Resolution confirming the assessment, which constitutes the levy of the
assessments for FY 2023-24.
Upon fulfillment of these requirements, the City must submit the Resolution confirming
the assessments to the County of San Luis Obispo for inclusion on the FY 202 3-24
property tax roll.
ANALYSIS OF ISSUES:
The first step in the statutorily prescribed process contained in the Act requires that the
City adopt a Resolution describing any proposed new improvements or any substantial
changes in existing improvements and ordering the preparation and filing of an Engineer’s
Report. The subject assessment districts are largely responsible for covering expenses
related to maintaining the public landscaping within the defined boundaries of the
separate districts.
No new improvements or substantial changes in existing improvements are proposed for
any of the assessment districts for FY 2023-24.
Page 273 of 390
Item 9.j.
City Council
Consider Adoption of Resolutions Ordering the Preparation and Filing of Annual
Engineer’s Reports for the Parkside Village Assessment District, Grace Lane
Assessment District, and Landscaping and Lighting District No. 1, Within Tract
1769, for Fiscal Year
April 11, 2023
Page 3
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt Resolutions ordering the preparation and filing of Annual Engineer’s Reports
for the Parkside Village Assessment District, Grace Lane Assessment District and
Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY
2023-24; or
2. Modify and adopt the Resolutions; or
3. Do not adopt the Resolutions; or
4. Provide other direction to staff.
ADVANTAGES:
Adoption of the Resolutions describing the existing improvements and ordering the
preparation and filing of an Engineer’s Report will be in compliance with California Streets
and Highways Code, Section 22622 and is the first step required in the levy of
assessments.
DISADVANTAGES:
No disadvantages for this proposed action have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item. Adopting the resolutions 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 Cit y’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Resolution – Grace Lane
2. Proposed Resolution – Parkside Village
3. Proposed Resolution – Landscaping and Lighting District No. 1 – Tract 1769
Page 274 of 390
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ORDERING THE PREPARATION
AND FILING OF THE ANNUAL ENGINEER’S REPORT
FOR THE GRACE LANE ASSESSMENT DISTRICT FOR
FISCAL YEAR 2023-2024
WHEREAS, the owner (Vista Roble, LLC) of Lots 1 through 19, Tract 2236, petitioned
the City to form a maintenance assessment district, commonly referred to as the Grace
Lane Assessment District to provide a means to finance the costs of maintenance,
operation, and service of certain specified improvements; and
WHEREAS, on November 28, 2006, the City Council of the City of Arroyo Grande
adopted Resolution No. 3976 ordering the formation of the Grace Lane Assessment
District under Part 2 of Division 15 of the California Streets and Highways Code section
22500 et seq. (Landscape and Lighting Act of 1972), which allows local governmental
agencies to form assessment districts for the purpose of financing the costs and
expenses of landscaping and lighting public areas; and
WHEREAS, the said improvements in the Grace Lane Assessment District include, but
are not limited to: 1) a pedestrian trail across the open space property (Lot B) including,
but not limited to, the existing informal hiking trail currently passing through Lot B,
signage, fencing; 2) common areas and facilities, including but not limited to the open
space parcels and drainage facilities; 3) open space and maintenance thereof in
accordance with fuel modification specifications as described in Mitigation Measure No.
15 in Resolution No. 3732 of the City Council of the City of Arroyo Grande; and 4) a
private drive and associated improvements for Lots 16 through 19; and
WHEREAS, in order to levy and collect an annual assessment for the Grace Lane
Assessment District, it is necessary for the City to comply with Streets and Highways
Code, Section 22620 et seq.; and
WHEREAS, Streets and Highways Code Section 22622 require s the City to adopt a
Resolution that generally describes any proposed new improvements or any substantial
changes in existing improvements and order the preparation and filing of an engineer’s
report; and
WHEREAS, the City Council, at its meeting of April 11, 2023, received a report from the
Public Works Director advising the City Council that no new improvements or
substantial changes in existing improvements are proposed for the Grace Lane
Assessment District.
Page 275 of 390
RESOLUTION NO.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. Pursuant to Streets and Highways Code Section 22622, the City Council
determines that no new improvements or any substantial changes in existing
improvements are proposed within the boundaries of the Grace Lane
Assessment District in Fiscal Year 2023-24.
3. The City Council orders the preparation and filing of an Engineer’s Report for the
Grace Lane Assessment District in accordance with Streets and Highways Code
Section 22565 et seq.
On motion of Council Member , seconded by Counci l Member ,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 11th day of April, 2023.
Page 276 of 390
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 277 of 390
ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ORDERING THE PREPARATION
AND FILING OF THE ANNUAL ENGINEER’S REPORT
FOR THE PARKSIDE VILLAGE ASSESSMENT DISTRICT
FOR FISCAL YEAR 2023-2024
WHEREAS, the owner (Parkside Village, LLC) of Lots 1 through 67, Tract 2310,
requested the City form an assessment district, commonly referred to as the Parkside
Village Assessment District to provide a means to finance the costs of maintenance,
operation, and service of certain specified improvements; and
WHEREAS, on November 8, 2005, the City Council of the City of Arroyo Grande
adopted Resolution No. 3888 ordering the formation of the Parkside Village Assessment
District under Part 2 of Division 15 of the California Streets and Highways Code section
22500 et seq. (Landscape and Lighting Act of 1972), which allows local governmental
agencies to form assessment districts for the purpose of financing the costs and
expenses of landscaping and lighting public areas; and
WHEREAS, the said improvements in the Parkside Village Assessment District include
but are not limited to: landscaping bordering Farroll Road, Bakeman Road Entrances,
behind and along Bakeman Lots 10, 11, 12 and 13 of Phase 1, mini park pedestrian
pathway easement and drainage ba sin; fencing, gates and walls bordering Farrol Road,
Bakeman Road Entrances, behind and along Bakeman Lots 10, 11, 12 and 13, park
and drainage basin; the pathway easement, lighting and all improvements between lots
1, 2, and 3 between Dixson Street and the mini park, the mini park and all
improvements to include walkways, play area, benches and basketball court on Lot 24;
the drainage retention basin and all improvements including the water separator on Lot
25 and French drains along the East boundary of T ract 2310-2; and
WHEREAS, in order to levy and collect an annual assessment for the Parkside Village
Assessment District, it is necessary for the City to comply with Streets and Highways
Code, Section 22620 et seq.; and
WHEREAS, Streets and Highways Code Section 22622 requires the City to adopt a
Resolution that generally describes any proposed new improvements or any substantial
changes in existing improvements and order the preparation and filing of an engineer’s
report; and
WHEREAS, the City Council, at its meeting of April 11, 2023, received a report from the
Public Works Director advising the City Council that no new improvements or
substantial changes in existing improvements are proposed for the Parkside Village
Assessment District.
Page 278 of 390
RESOLUTION NO.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. Pursuant to Streets and Highways Code Section 22622, the City Council
determines that no new improvem ents or any substantial changes in existing
improvements are proposed within the boundaries of the Parkside Village
Assessment District in Fiscal Year 2023-24.
3. The City Council orders the preparation and filing of an Engineer’s Report for the
Parkside Village Assessment District in accordance with Streets and Highways
Code Section 22565 et seq.
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 11th day of April, 2023.
Page 279 of 390
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 280 of 390
ATTACHMENT 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ORDERING THE PREPARATION
AND FILING OF THE ANNUAL ENGINEERS REPORT
FOR THE ARROYO GRANDE LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT NO. 1, WITHIN
TRACT 1769, FOR FISCAL YEAR 2023-2024
WHEREAS, the property owners of Arroyo Grande, Tract 1769, petitioned the City to
form a landscaping and lighting assessment district, commonly referred to as
Landscaping and Lighting Assessment District No. 1, within Tract 1769, to provide
means to finance the costs of maintenance, operation, and service of certain specified
improvements; and
WHEREAS, on May 12, 1992, the City Council of the City of Arroyo Grande adopted
Resolution No. 2932 ordering the formation of Arroyo Grande Landscap ing and Lighting
Assessment District No. 1, within Tract 1769, under Part 2 of Division 15 of the
California Streets and Highways Code section 22500 et seq. (Landscape and Lighting
Act of 1972), which allows local governmental agencies to form assessment district s for
the purpose of financing the costs and expenses of landscaping and lighting public
areas; and
WHEREAS, said improvements in the Landscaping and Lighting Assessment District
No. 1 include but are not limited to: landscaping and ornamental vegetation in the public
rights of way; and
WHEREAS, in order to levy and collect an annual assessment for Landscaping and
Lighting Assessment District No. 1, it is necessary for the City to comply with Streets
and Highways Code, Section 22620 et seq.; and
WHEREAS, Streets and Highways Code Section 22622 require s the City to adopt a
Resolution that generally describes any proposed new improvements or any substantial
changes in existing improvements and order the preparation and filing of an engineer’s
report; and
WHEREAS, the City Council, at its meeting of April 11, 2023, received a report from the
Public Works Director advising the City Council that no new improvements or
substantial changes in existing improvements are proposed for Landscaping and
Lighting Assessment District No. 1, within Tract 1769.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
Page 281 of 390
RESOLUTION NO.
PAGE 2
2. Pursuant to Streets and Highways Code Section 22622, the City Council
determines that no new improvements or any substantial changes in existing
improvements are proposed within the boundaries of Landscaping and Lighting
Assessment District No. 1, within Tract 1769 in Fiscal Year 2023-24.
3. The City Council orders the preparation and filing of an engineer’s report for
Landscaping and Lighting Assessment District No. 1, within Tract 1769, in
accordance with Streets and Highways Code Section 22565 et seq.
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 11th day of April, 2023.
Page 282 of 390
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 283 of 390
Item 9.k.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
Nicole Valentine, Administrative Services Director
BY: Steve Kahn, Interim City Engineer
SUBJECT: Consideration of a Resolution for Funding Road Repair Consistent
with the Road Repair and Accountability Act of 2017 (SB1) for Fiscal
Year 2023-24
DATE: April 11, 2023
SUMMARY OF ACTION:
Adopting the Resolution enables the City to be eligible for Senate Bill 1 (SB1) funding for
road repair projects during Fiscal Year 2023-24.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The City’s allocation of SB1 funding for FY 2023-24 is projected to be $453,246. This
funding will be utilized to maintain the City’s street system. With this allocation, and the
City’s Gas Tax funding of $539,190, the total funding available from the State for street
and road maintenance is $992,436.
RECOMMENDATION:
1) Adopt a Resolution approving use of funding from SB1 for the 2023 Pavement
Management Program in Fiscal Year 2023-24; 2) Authorize the Director of Administrative
Services to submit the Resolution to the California Transportation Commission (CTC);
and 3) Make findings that adopting the Resolution is not a project subject to the California
Environmental Quality Act (“CEQA”) because the adoption in itself 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 April 28, 2017, the Governor signed SB1, known as the Road Repair and
Accountability Act of 2017. SB1 increases gasoline and diesel taxes and vehicle
registration fees to address deferred maintenance on the State highway system and the
local street and road system. These additional taxes are deposited by the State Controller
Page 284 of 390
Item 9.k.
City Council
Consideration of a Resolution for Funding Road Repair Consistent with the Road
Repair and Accountability Act of 2017 (SB1) for Fiscal Year 2023-24
April 11, 2023
Page 2
into the Road Maintenance and Rehabilitation Account (RMRA). A portion of this funding
is apportioned by formula to eligible cities and counties, including Arroyo Grande,
pursuant to California Streets and Highways Code (SHC) Section 2032(h) and are to be
used for basic road maintenance, rehabilitation, and critical safety projects on the local
streets and roads system.
Because SB1 emphasizes accountability and transparency in transportation funding,
programming and use of the new funds is contingent on recipient cities and counties
providing annual project reporting. Per SHC Section 2034(a)(1), prior to receiving any
RMRA funding, cities and counties must submit a list of projects, adopted by Resolution,
to be funded with the RMRA funds.
ANALYSIS OF ISSUES:
SHC Section 2030(b) provides a number of example projects and uses for RMRA funding
that include, but are not limited to, the following:
Road Maintenance and Rehabilitation
Safety Projects
Railroad Grade Separations
Complete Streets Components, including active transportation purposes, pedestrian
and bicycle safety projects, transit facilities, and drainage and storm water capture
projects in conjunction with any other allowable project
Traffic Control Devices
Matching funds to State or federal funds for projects under this subdivision
Pursuant to SHC Section 2037, a city or county may spend its apportionment of RMRA
funds on transportation priorities other than those outlined in SHC Section 2030 if the
city’s or county’s average Pavement Condition Index (PCI) meets or exceeds 80. The City
of Arroyo Grande’s current PCI is estimated to be 54.
The City maintains its 67.5 miles of streets through two mechanisms: The City’s in-house
street crew that provides daily efforts to keep the condition of streets from declining, and
capital projects to provide long term maintenance. Based on the SHC, the City can use
its RMRA funds for either of these services. Historically, the City has utilized its RMRA
funds to augment the City’s pavement management program for upcoming roadway
rehabilitation projects as opposed to allocating the funds to the City’s in-house street
maintenance program. This has been staff’s recommendation to Council due to
uncertainties that would be created by a decline in RMRA revenues or a possible repeal
of SB1. In these events, it would be less impactful to cut a specific project or a portion
thereof than to reduce the City’s in-house street maintenance program that addresses
constant, immediate short- and medium-term street safety issues (e.g., debris removal,
potholes, skin patching, re-striping, storm water and drainage repairs, etc.).
Page 285 of 390
Item 9.k.
City Council
Consideration of a Resolution for Funding Road Repair Consistent with the Road
Repair and Accountability Act of 2017 (SB1) for Fiscal Year 2023-24
April 11, 2023
Page 3
In accordance with California Streets and Highway Code (SHC) Section 2036, the City
must maintain its existing commitment of local funds for street purposes to remain eligible
for allocations of RMRA funds. This commitment is generally referred to as Maintenance
of Effort (MOE). In order to receive these RMRA funds, each year the City must expend
from its General Fund for street purposes in an amount not less than the annual average
of General Fund expenditures during fiscal years (FY) 2009-10, FY 2010-11 and FY 2011-
12, as reported to the State Controller’s Office, pursuant to SHC Section 2151. For the
City of Arroyo Grande, the amount of annual expenditures that must be spent from the
General Fund for street purposes is $1,431,971. The City complies with this requirement
using General Fund and Local Sales Tax Fund.
Additionally, SHC Section 2034(a)(1) details the requirement that cities and counties must
comply with when submitting its list of proposed projects to the CTC to be funded with
RMRA funds each fiscal year. The requirements include:
1. The proposed project must be adopted by Resolution by the City Council at a regular
public meeting;
2. A description and the location of each proposed project ;
3. A proposed schedule for the project’s completion; and
4. The estimated useful life of the improvement.
The State has provided an estimate for the amount of FY 2023-24 RMRA funding
available to the City of Arroyo Grande as $453,246. It is recommended these RMRA funds
be used to augment the City’s pavement management program . The City updated its
Pavement Management Program Report and its findings in April 2022. A list of streets
and recommended rehabilitation has not yet been identified for the City’s next annual
pavement management project. Therefore, it is recommended that the Resolution state
that specific sections and limits of roadways on which treatment will be applied will be
prioritized and selected during the project development phase of the project based on
identified needs.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt a Resolution approving a project to be funded by SB1 in Fiscal Year 202 3-24;
2. Do not approve a Resolution approving a project to be funded by SB1 in Fiscal Year
2023-24 and request further information;
3. Modify staff’s recommendation and adopt a Resolution approving a project to be
funded by SB1 in Fiscal Year 2023-24; or
4. Provide other direction to staff.
Page 286 of 390
Item 9.k.
City Council
Consideration of a Resolution for Funding Road Repair Consistent with the Road
Repair and Accountability Act of 2017 (SB1) for Fiscal Year 2023-24
April 11, 2023
Page 4
ADVANTAGES:
Submitting an adopted resolution to the CTC will allow the City to receive RMRA funds.
The funding will help to protect the City’s investment in its roadway system and maintain
the roadways before they deteriorate beyond routine maintenance.
DISADVANTAGES:
None identified at this time.
ENVIRONMENTAL REVIEW:
Make findings that adopting the Resolution is not a project subject to the California
Environmental Quality Act (“CEQA”) because the adoption in itself 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.
Attachment:
1. Proposed Resolution
Page 287 of 390
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A PROJECT FOR FISCAL YEAR
2023-24 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5,
Statutes of 2017) was passed by the California Legislature and signed into law by the Governor
in April 2017 to address the significant multi-modal transportation funding shortfalls statewide;
and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the
residents of the City of Arroyo Grande (“City”) are aware of the projects proposed for funding in
the community and which projects have been completed with such funding each fiscal year; and
WHEREAS, the City must adopt by resolution a project proposed to receive funding from the
Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a
description and the location of each proposed project, a proposed schedule for the project’s
completion, and the estimated useful life of the improvement; and
WHEREAS, it is anticipated that the City will receive an estimated $453,246 in RMRA funding in
Fiscal Year 2023-24 from SB1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and the funding will
enable the City to continue essential road maintenance and rehabilitation projects, safety
improvements, repairing and replacing aging bridges, and increasing access and mobility
options for the traveling public that would not have otherwise been possible without SB 1
funding; and
WHEREAS, the City has undergone a process to ensure public input into the community’s
transportation priorities/the project list; and
WHEREAS, the City uses its Pavement Management System and collaboration of the City’s
various Departments to develop the SB 1 project list to ensure revenues are being used on the
most high-priority and cost-effective projects that also meet the community’s priorities for
transportation investment; and
WHEREAS, the funding from SB1 will help the City maintain and rehabilitate its approximately
67.5 miles of streets/road throughout the City this year and numerous similar projects into the
future; and
WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found
that the City’s streets and roads are in an at-risk condition and this revenue will help the City to
maintain the overall quality of its road system and will help to keep the City’s streets and roads
from falling into a poor condition; and
Page 288 of 390
RESOLUTION NO.
PAGE 2
WHEREAS, the SB1 project list and overall investment in local streets and roads infrastructure
with a focus on basic maintenance and safety, investing in complete streets infrastructure, and
using cutting-edge technology, materials and practices, will have significant positive co-benefits
statewide.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby:
1. Finds that the foregoing recitals are true, correct and incorporated herein by this reference.
2. Approves the following newly proposed project that will be funded in-part or solely with fiscal
year 2023-24 Road Maintenance and Rehabilitation Account revenues:
Project Title: 2023 Annual Pavement Rehabilitation Project, PW 2023-01
Project Description: This project will resurface pavement on City streets as identified in
the City's Pavement Management Program as available funding allows. Pavement
Condition Index (PCI) and other factors will be used to prepare a recommendation of
priority street segments to receive pavement rehabilitation. This project will also upgrade
pedestrian facilities to meet accessibility requirements, if applicable, and may include
bike lane striping and crosswalk enhancements.
Project Location: Various City streets to be determined Summer of 2023 following the
adoption of the Fiscal Years 23-25 Budget. Staff from various City departments reviews
the pavement management data and streets recommendation list, considers public input,
and makes a further recommendation to the City Council for the final approval of the
scope of each annual pavement rehabilitation project.
Estimated Project Schedule: Project development in Summer/Fall 2023; bidding in
Winter 2023-24, and construction in Spring/Summer 2024.
Estimated Project Useful Life: The useful life of pavement resurfacing projects varies
greatly depending on the type of surface treatment utilized: a slurry seal/microsurface
project has a useful life of about 10 years, whereas a hot mix asphalt overlay has a
useful life of about 25 years.
3. Determine that this Resolution is not a project subject to the California Environmental
Quality Act (“CEQA”) because the adoption in itself 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 289 of 390
RESOLUTION NO.
PAGE 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 11th day of April, 2023.
Page 290 of 390
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 291 of 390
Item 10.a.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Associate Planner
SUBJECT: Consideration of Architectural Review 23-006; Painting of a New Wall
Mural; Location – 101 West Branch Street; Applicant – Alyssa Manno,
Visit SLO CAL
DATE: April 11, 2023
SUMMARY OF ACTION:
Receive public comment and make a recommendation to the Arroyo Grande Public Art
Review Panel pertaining to a request for a public art project, for a mural proposed at 101
Branch Street in the Village Core Downtown.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Staff time will be necessary to attend future meetings of the Arroyo Grande Public Art
Review Panel. All requisite time, supplies and materials for the preparation of the mural
will be provided by the applicant. The applicant has executed a memorandum of
understanding with the property owner that will require the property owner to perform any
necessary maintenance activities in the future.
RECOMMENDATION:
Receive public comment and make a recommendation to the Arroyo Grande Public Art
Review Panel.
BACKGROUND:
In 2002, the City Council approved measures to promote art in the community, establish
a uniform process for the review and selection of public art on public and private property
that would be reflective of the community, and to identify general guidelines and selection
criteria to promote creativity and freedom of expression, but also compatibility with the
character, design, and environment of the surrounding area. The recommendations were
prepared with the assistance of the San Luis Obispo Cou nty Arts Council.
Page 292 of 390
Item 10.a.
City Council
Consideration of Architectural Review 23-006; Painting of a New Wall Mural;
Location – 101 West Branch Street; Applicant – Alyssa Manno, Visit SLO CAL
April 11, 2023
Page 2
In 2004, the City Council adopted a resolution approving Public Art Guidelines
(“Guidelines”) and an ordinance incorporating those Guidelines by reference into the
Municipal Code as part of the Design Guidelines and Standards for Mixed Use Districts.
Additionally, in 2006, the City Council approved an Art Donation Program that created a
process by which an artist, or an individual or group commission an artist, may donate,
gift or bequeath public art to the City to be located in a City owned public place. . In 2011,
the Public Art Guidelines were amended regarding the Art in Public Places Program and
limited the process to public art projects on private property. During this update, public art
on private property was defined as art that is displayed in an open area that is freely
available to the general public or public accessibility is provided based upon the
characteristics of the artwork or its placement on the site. Projects on public property
would be considered by the City Council, with the recommendation of the former Parks
and Recreation Commission if on park property.
In October 2021, the Guidelines were again amended again to: (1) limit the purview of the
Guidelines to public art proposals on non -residentially zoned private property; (2) make
clerical changes to account for changes to the City’s advisory bodies and those that
provide consultation to the Council on public art projects; (3) change the consulting body
that makes recommendations to the City Council from the San L uis Obispo County Arts
Council (SLOCAC) to the Arroyo Grande Public Art (AGPA); and (4) establishing a seven
(7) member Public Art Panel for the purpose of approving proposed art projects . The
currently adopted Guidelines have been included as Attachment 1.
Five (5) public art projects have been approved to date. The first public art piece approved
was the mural at 303 E. Branch Street on May 2, 2014, and second was the Japanese
Lantern sculpture located at the Peoples Self Help Housing apartments at 150 S outh
Courtland Street. The third approved public art piece is located at 126 South Mason Street
and 127 Short Street. That installation consists of two Chumash art pieces. The fourth
approved public art project was the repainting of the Strother Park baske tball court,
located at 1150 Huasna Road. The most recent public art project involved the painting of
four (4) City-owned utility boxes located throughout the City.
ANALYSIS OF ISSUES:
The applicant, Visit SLO CAL, is proposing to paint a new mural on th e northwestern
(Branch Street) elevation of the building (Attachment 2). Visit SLO CAL’s mission is to
promote tourism in San Luis Obispo County through marketing, advertising, public
relations, group sales, promotions, events and sponsorship branding the region as a
choice destination for regional, national and international travelers alike.
The proposed mural is part of Visit SLO CAL’s Mural Trail project, which was created with
the intention of highlighting public art in San Luis Obispo County, along with encouraging
visitors to travel throughout the county by creating a trail map of murals featured on Visit
Page 293 of 390
Item 10.a.
City Council
Consideration of Architectural Review 23-006; Painting of a New Wall Mural;
Location – 101 West Branch Street; Applicant – Alyssa Manno, Visit SLO CAL
April 11, 2023
Page 3
SLO CAL’s website. Visit SLO CAL will be creating three murals on three different
business walls in the county to add to the public art collection a nd encourage visitation
across the County. The mural artwork highlights the migration of the monarch butterflies
through the region.
Murals will be located in Arroyo Grande, Cambria, and the City of San Luis Obispo. Each
mural will be funded and donated by Visit SLO CAL, which has commissioned mural
artists Canned Pineapple Co. to paint the murals. Each of the murals are on privately
owned property and the property owners each are expected to sign a Memorandum of
Understanding (MOU) which details the agreement for the project between the property
owner and Visit SLO CAL. These MOUs include agreements that the artwork will not be
altered by the property owner and that the property owner is responsible for the necessary
cleaning and maintenance of the mu ral. Included below is a statement from Buddy
Norton, Canned Pineapple Co. artist, detailing his inspiration for the mural artwork:
“I based the overarching concept off the loose inspiration of the migration of the
monarch butterfly while tying in subtle nods to the city’s where these pieces will
live. Everything we choose for these pieces was something that either migrates or
carries the spirit of something coming and going. The Monarch butterflies,
wildflowers, strawberries, water, fish, surf, and sun were all things we thought held
that and represented the coming and going of life on the central coast. We plan on
caring out that theme with color as well having a dark and light yin and yang flow
to everything.
I wanted each wall to have a unique look wh ile at the same time carrying on the
themes of the lager project so that it was obvious, they all were connected. Each
wall has Monarch Butterflies on them in different ways. We wanted it to feel as if
the butterfly was taking you on a journey from wall-to-wall landing in each town’s
unique environment.
With the artwork for Arroyo Grande, we wanted to tie in the unique richness of the
farming community with the Monarch Butterfly concept. Drawing flowers to
resemble windmills, Strawberry’s for the seasonal excitement as well as the
festival, which I remember going to as a kid.”
Review Process Under Public Art Guidelines
In accordance with the City’s Guidelines, public art projects shall be considered by the
City Council, with community input as part of a public hearing, and in consultation with
Arroyo Grande Public Art Panel. The panel selection for this project includes the following,
to date:
Two representatives from the property owner: Orhan Tolu and Eliad Becker
Two representatives from AGPA: Shirley Horacek and Kathryn Phelan
Page 294 of 390
Item 10.a.
City Council
Consideration of Architectural Review 23-006; Painting of a New Wall Mural;
Location – 101 West Branch Street; Applicant – Alyssa Manno, Visit SLO CAL
April 11, 2023
Page 4
One representative from the Architectural Review Committee: Vacant – to be
appointed at 4/17 ARC meeting
One representative from the Chamber of Commerce: Kassi Dee
One representative from the South County Historical Society: Vivian Krug
The intent of establishing this review process is to ensure that public art projects are
sensitive to community concerns, while also avoiding government censorship of art. The
Guidelines are applicable to public art projects proposed to be loc ated on non-
residentially zoned private property or by a private owner in the adjacent public right of
way. The Guidelines and criteria also apply to public art projects on City property. All
donations for Public Art are required to be considered and approved by the City Council.
The following criteria are used in the selection of public art:
1. Relationship to the social, cultural and historical identity of the area. If the public
art is proposed to be located in the Village Core Downtown or Village Mixed Use
Districts, the art piece shall be representative or evocative of the turn of the century
historical period;
2. Evaluation of artistic excellence;
3. Appropriateness of scale, form, material, content and design relative to the
immediate and general neighborhood;
4. Relationship to the social, cultural and historical identity of the area;
5. Appropriateness of proposed materials as regards to structural and surface
integrity, protection against vandalism, public safety and weathering;
6. Ease of maintenance;
7. Appropriateness of proposed method of installation of artwork and safety and
structural factors involved in installation;
8. Artist’s experience in working on comparable projects.
After completion of the public hearing by the Council, the project will then be forwarded
for review and consultation by the Arroyo Grande Public Art Review Panel to make the
required findings above.
Historic Character
In 2011, Page & Turnbull, an architectural and historic preservation firm from San
Francisco, completed the City of Arroyo Grande Historic Context Statement (HCS) and
survey report. The project provided a framework for the documentation and evaluation of
historic resources in Arroyo Grande. It included a city-wide historic context statement,
summarizing the history and development of Arroyo Grande, and an intensive level
architectural survey of the properties in the Village Commercial Core along Branch Street.
A survey of the subject property was completed in conjunction with this report.
The property building where the Project is proposed to be located, was constructed in
1907 during the “Village of Arroyo Grande (1862-1910)” period of Arroyo Grande’s history
Page 295 of 390
Item 10.a.
City Council
Consideration of Architectural Review 23-006; Painting of a New Wall Mural;
Location – 101 West Branch Street; Applicant – Alyssa Manno, Visit SLO CAL
April 11, 2023
Page 5
and is an example of commercial development during that period. According to the report,
the property is eligible for listing on the National Register and California Register for its
association “with the early commercial development of the Village Core” and “as one of
the few brick commercial blocks in the Village Core” that “embodies distinctive
characteristics of the building type and possesses high artistic value.”
At the request of the applicant, Page & Turnbull prepared a letter of opinion that evaluates
whether the painting of a mural would be detrimental to any of the historic features or
elements of the building (Attachment 3). This letter identifies the character defining
features of the building and provides guidance consistent with the Secretary of the
Interior’s Standards for the Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings. This report
indicates Page & Turnbull’s professional opinion that the proposed mural will not have an
impact on the character, materials, or historic status of the building at 101 W. Branch
Street.
Staff would like to clarify that Page & Turnbull’s letter references a second mural proposed
to be located on the southwest exterior façade of the building facing the parking lot. That
second mural is not currently being proposed by Visit SLO CAL but represents future
plans by Arroyo Grande Public Art to paint a second mural on the building in the future.
When an application is submitted, that second mural would require separate ARC and
City Council review.
April 3, 2023, Architectural Review Committee (ARC) Meeting
On April 3, 2023, the ARC met to review the proposed mural. At that meeting, feedback
was generally positive, although the ARC suggested minor changes be made to the
appearance to the mural. Those changes included: including more warm tones in the
color scheme; telling more of a local message; and replacing some of the imagery with
imagery more historically tied to the City. The applicant has been responsive to the
feedback and has made changes to the imagery consistent with the ARC’s suggestions.
Minutes from the ARC meeting are included as Attachment 4.
ALTERNATIVES:
1. Conduct the public hearing to receive public comment and make a
recommendation to the Arroyo Grande Public Art Review Panel; or
2. Provide other direction to staff.
ADVANTAGES:
A recommendation to the Arroyo Grande Public Art Review Panel will facilitate the
installation of a new mural aimed at driving tourism activity in the City and the region.
Page 296 of 390
Item 10.a.
City Council
Consideration of Architectural Review 23-006; Painting of a New Wall Mural;
Location – 101 West Branch Street; Applicant – Alyssa Manno, Visit SLO CAL
April 11, 2023
Page 6
DISADVANTAGES:
No disadvantages identified.
ENVIRONMENTAL REVIEW:
The action 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. Alternatively, the action is categorically exempt under the Class 4
exemption, which applies to minor public or private alterations in the condition of land,
water, and/or vegetation where the project does not involve removal of healthy, mature,
scenic trees except for forestry and agricultural purposes. (State CEQA Guid elines, §
15304.)
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. Arroyo Grande Public Art Guidelines and Public Art Donation Program
2. Proposed Mural
3. Page & Turnbull Letter of Opinion
4. April 3, 2023 ARC Draft Minutes
Page 297 of 390
RESOLUTION NO. 5118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING THE PUBLIC ART GUIDELINES AND PUBLIC
ART DONATION PROGRAM
WHEREAS, in 2002 the City Council approved measures to promote art in the community,
establish a uniform process for the review and selection of public art on public and private
property that would be reflective of the community but limit City Government involvement,
and identify general guidelines and selection criteria to promote creativity and freedom of
expression, but also compatibility with the character design and environment of the
surrounding area; and
WHEREAS, in 2004 the City Council adopted a Resolution approving Public Art Guidelines
and an Ordinance incorporating them by reference into the Municipal Code as part of the
Design Guidelines and Standards for Mixed Use Districts; and
WHEREAS, in 2011 the City Council amended the Design Guidelines and Standards for
Mixed Use Districts to establish standalone Public Art Guidelines and a Public Art Donation
Program; and
WHEREAS, the City Council considered substantive and clerical amendments to the
Public Art Guidelines and Public Art Donation Program on October 12, 2021; and
WHEREAS, the City Council finds that this project is consistent with the City's General
Plan, Development Code, and the environmental documents associated therewith, and that
the project is exempt under per Sections 15061(b)(3) and 15378 of the California
Environmental Quality Act (CEQA) Guidelines.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
that the Public Art Guidelines and Public Art Donation Program are hereby amended as
shown in Exhibit A, attached hereto and incorporated herein by this reference.
On motion of Council Member Storton, seconded by Council Member George, and by the
following roll call vote, to wit:
AYES: Council Members Storton, George, Barneich, Paulding, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 12th day of October, 2021.
Attachment 1
Page 298 of 390
RESOLUTION NO. 5118
PAGE 2
Cii 4all"
CAREN RAT1RATSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
pie
WHITNEY a ONALD, C MANAGER
APPROVE AS TO FORM:
nn
TIMOTHY J. CARMEL, CITY ATTORNEY
Page 299 of 390
CITY OF ARROYO GRANDE PUBLIC ART
EXHIBIT "A"
Public Art Guidelines
And
Public Art Donation Program
Adopted by City Council
Resolution No. 3787
October 12, 2004
Ordinance No. 557
October 26, 2004
Amended by City Council
Resolution No. 4411
November 8, 2011
Amended by City Council
Resolution No.
2021
2004, 2011, 2021 City of Arroyo Grande
All Rights Reserved
Page 300 of 390
CITY OF ARROYO GRANDE PUBLIC ART
PUBLIC ART GUIDELINES
Purpose
The purpose of these Guidelines is to create a framework to facilitate and encourage property
owners to provide outdoor public art on their property, or, if approved by the Director of
Community Development, in the adjacent public right-of-way. For purposes of these Guidelines
Public Art" shall mean art located on non-residentially zoned private property that is displayed in
an open area that is freely available to the general public or public accessibility is provided based
upon the characteristics of the artwork or its placement on the site. Artwork may include free-
standing pieces (e.g., a sculpture or water fountain)or may be integrated into its surroundings as an
architectural element (e.g., relief sculpture embedded in pavement or a wall, a mosaic or mural on
a wall, decorative railings or lighting).
These Guidelines are intended to assist artists, citizens and City officials and staff to understand
the City's goals regarding art that is displayed in a manner that is available and accessible to the
general public. The City recognizes that art and artistic expression is a protected activity and these
Guidelines are not intended to unduly restrict creative expression or limit the types of public art
possible. Rather,they are intended to facilitate and encourage the best possible combination of sites
and artwork, and help to guide what is essentially a form of communication between the artist and
the community.
Process
These Guidelines are applicable to public art projects proposed to be located on non-residentially
zoned private property or by a private owner in the adjacent public right of way. The guidelines
and criteria contained herein shall also apply to public art projects on City property. All Public Art
shall be considered and approved by the City Council, in consultation with Arroyo Grande Public
Art, and with the recommendation of the Recreation Department Director if the art is proposed to
be placed on park property, and is subject to the Public Art Donation Program to the extent
applicable.
Public Art Panel
In order to solicit community input and involvement for the consideration and promotion of public
art on private property in the City, a Public Art Panel has been established to review all public art.
The 7 member panel is made up of the following representatives to be convened as needed (a
minimum of 6 members shall be residents or business owners in Arroyo Grande):
2 representatives from the property owner.
2 representatives designated by Arroyo Grande Public Art.
1 representative from the Architectural Review Committee.
1 representative from the South County Chambers of Commerce.
1 representative from the Historical Society.
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CITY OF ARROYO GRANDE PUBLIC ART
The Public Art Panel will convene to approve public art by a majority vote after the piece or plans
are presented at a public hearing held by the City Council for the purpose of obtaining community
input. Arroyo Grande Public Art shall act in an advisory capacity to the Public Art Panel.
Guidelines
The following guidelines developed by the San Luis Obispo County Arts Council are intended to
facilitate and encourage Public Art that is proposed to be placed on non-residentially zoned private
property or by a property owner on adjacent public right of way within the City:
1.Public art shall be of high artistic quality.
2.Public art shall be compatible with the immediate site and neighborhood in terms of social
and cultural characteristics, architectural scale, materials, land use and geographical and
environmental context.
3.Public art shall not impede pedestrian or vehicle traffic or conflict with public or private
easements.
4.Consideration shall be given to any public safety or public health concerns related to, or
created by, the artwork.
5.Public art shall be constructed of durable,high-quality materials and require minimal or no
maintenance.
6.Public art shall be securely installed.
7.A wide variety of artistic expression is encouraged. However, expressions of profanity or
vulgarity are inappropriate.
Selection Criteria
The following are considerations for the selection of public art
1.Relationship to the social, cultural and historical identity of the area
2.Evaluation of artistic excellence;
3.Appropriateness of scale, form, material, content and design relative to
the immediate neighborhood;
4.Appropriateness of proposed materials as regards to structural and
surface integrity, protection against vandalism, public safety and
weathering;
5.Ease of maintenance;
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CITY OF ARROYO GRANDE PUBLIC ART
6.Appropriateness of proposed method of installation and artwork and
safety and structural factors involved in installation;
7.Artist's experience in working on comparable projects.
The City or Public Art Panel may consider a revolving art program for a proposed location on an
ongoing basis.
Location
Public art is allowed in any district and is strongly encouraged in the Village Downtown, Village
Mixed Use, Gateway Mixed Use, Fair Oaks Mixed Use and Public Facility Districts. Promotion
of public art visible from intersections within these districts as well as proximate to public gathering
areas, plazas and public parking areas is highly recommended.
PUBLIC ART DONATION PROGRAM
Purpose
Public art can provide aesthetic, cultural and economic benefits to the community. The City of
Arroyo Grande Public Art Donation Program is a means by which an artist, or an individual or
group commissioning an artist,may donate, gift or bequeath public art to the City of Arroyo
Grande for location in a City-owned public place.
Definition
Public art can be defined as"The engagement of an artist with a public place involving original,
creative work by an individual or a group."This includes functional and original works of art
that also serve as capital improvements, such as,but not limited to seating, fountains, lighting,
and free standing art forms. Pre-fabricated manufactured items such as benches, fountains etc.
are not considered public art.
Proposal
Proposals should include:
1.A donor application form (See Attachment 1)
2. The artist or donor's name,
3. Title of the work and artist statement
4.Description of the work(such as a photograph, artist's rendering or computer generated
image)
5. The materials and size of the work
6.A preferred public location
7.A statement from the donor and artist that the art is free of encumbrances
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CITY OF ARROYO GRANDE PUBLIC ART
8.The artist's resume if available
9.Estimated value of donated work
10. Recommended manner of installation
11. Estimated maintenance cost
Process
The following steps will result in the review and decision regarding a proposal:
I.The proposal would be submitted to the Community Development Department to review
it to:
a.Determine ongoing and General Plan consistency, accuracy and appropriateness.
b.Insure it would not create an undue risk or a safety problem.
c.Consider maintenance requirements
d.Determine durability
e.Identify any engineering concerns
2. The proposal will be reviewed by the Recreation Department Director if placement is
proposed on a park property.
3.Recommendations will be forwarded to the City Council for review and action during a
public hearing. The Council would have final approval of the donation.
Guidelines for Review of the Proposal
The following guidelines would be used for review of art donations:
1. Public art shall be of high artistic quality.
2.Public art shall be compatible with the immediate site and neighborhood in terms of social
and cultural/historical characteristics, architectural scale, materials, land use and
geographical and environmental context.
3.Public art shall not impede pedestrian or vehicle traffic or conflict with public or private
easements.
4.Consideration shall be given to any public safety or public health concerns related to or
created by the artwork.
5.Public art shall be constructed of durable, high-quality materials and require minimal or no
maintenance.
Page 304 of 390
6.Public art shall be securely installed.
7.A wide variety of artistic expression is encouraged. However, expressions of profanity or
vulgarity are inappropriate.
Display of Public Art
1.A contract shall be executed between the artist and the City establishing the terms of theproposed
installation.
2.Artwork shall be displayed to include the artwork title, artist's name, patron's name if applicable
and date of completion. The materials used and a short explanation of the work could be included
as an option. Plaques will not be used for advertising purposes.
3.Prior to accepting the project, the Community Development Department shall receive from the
artist or donor a set of plans, specifications, and a copy of a maintenance record, which identifies
maintenance, installation and removal instructions. The transportation, installation and adjunct
costs(such as engineering, a base for the artwork or other installation elements) related to artwork
are the responsibility of the donor.
4.Once the art piece is installed (by the donor under the supervision of City staff with the artist's
installation direction and donor installation funding), it will require inspection and sign off by a
City Building Inspector.
5.Following inspection, the artwork shall become the property of the City. A publicized dedicati
ceremony shall be held to present the art piece to the community.
Page 305 of 390
Attachment 1
PUBLIC ART DONATION APPLICATION FORM
The Donor/owner must complete and sign this application form. If the
Donor/owner is not the artist who created the artwork, the artist must also sign
this application.
Artist/Donor(Name, address and phone #)
Title of Work:
Description of Work (attach drawings or photographs or other graphic depiction):
Materials/Size:
Proposed location (inside or outside, location should be specific, for example, "at
the entry of xyz park, or on the northwest corner of x street and y street)
Maintenance Requirements:
An appraisal or other evidence of the Value of the proposed public artwork:
Page 306 of 390
By signing this application below and in consideration for participating in the City's Public
art program, the artist/owner hereby acknowledges and assigns the right to the City to
collect any royalty payment provided by Civil Code section 986. Except as provided
above, the artist/owner further acknowledges and waives, for himself and his successors
in interest, to the greatest extent allowed by law, any rights the artist/owner may have
under California Civil Code sections 986, 987, 988 and 989, or other applicable law.
The artist/owner further acknowledges and understands that upon completion and
installation of artwork, and upon its acceptance by the City Council, the work shall
become the property of the City without any right of reversion in the artist/owner. The
City retains the right to remove or relocated the artwork in its sole discretion, as the
interest of the public welfare, heath and safety may be required.
If the artwork is damaged, defaced, altered or destroyed by human acts, by acts of
nature or otherwise, the City retains the right to remove, restore, repair or replace the
artwork at any time in keeping with the artist's original design intent, without consulting
the artist, or his or her heirs or assigns. The City will make reasonable efforts to contact
the artist, or if unavailable, another design professional, to advise or assist in ay
restoration work.
The artist/owner agrees to an alternate site should the City Council determine a more
appropriate location.
I have read, understood and accept the terms of this Application and represent that I
am the of the artwork, which is the subject of this application.
Owner, artist, or owner and artist:
Signature
Print Name
Date:
I have read, understood and accept the terms of this Application and represent that I
am the of the artwork, which is the subject of this application.
Owner, artist, or owner and artist:
Signature
Print Name
Page 307 of 390
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5118 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 12th day of October, 2021.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of
October, 2021.
JESSICA MATSON, CITY CLERK
Page 308 of 390
Arroyo GrandeSidewalk"55"$).&/5Page 309 of 390
Example4BO-VJT0CJTQPPage 310 of 390
170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
Imagining change in historic environments through
design, research, and technology
MEMORANDUM
DATE March 16, 2023 PROJECT
NUMBER
23044
TO Alyssa Manno,
Partner Engagement Manager
PROJECT 101 W. Branch Street, Arroyo
Grande Letter of Opinion
OF Visit SLO CAL FROM Clare Flynn, Cultural Resources
Planner
Christina Dikas, Project Manager
REGARDING 101 W. Branch Street, Arroyo Grande Letter of Opinion
This letter of opinion has been prepared for Visit SLO CAL to address proposed plans to paint two
murals on the exterior of the building located at 101 W. Branch Street (APN 007-481-001) in Arroyo
Grande. The letter of opinion summarizes the historic significance of the property based on existing
documentation, outlines the EXLOGLQJȇVFKDUDFWHU-defining features, describes the proposed mural
project, and provides DQRSLQLRQDERXWZKHWKHUWKHSURMHFWZLOOLPSDFWWKHEXLOGLQJȇVKLVWRULF
character, materials, or ability to remain eligible for listing in the National Register and California
Register. It also provides guidance related to painting murals on historic building exteriors and
outlines best practice guidelines for compliance with the 6HFUHWDU\RIWKHΔQWHULRUȇV6WDQGDUGV for
Rehabilitation.
Figure 1. Aerial image showing 101 W. Branch Street. Source: Google Maps, 2023. Edited by Page & Turnbull.
101 W. Branch
Street
ATTACHMENT 3
Page 311 of 390
101 W. Branch Street Letter of Opinion [23044]
Page 2 of 13
PAGE & TURNBULL 170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
Figure 2. The northeast façade, facing Bridge Street.
Source: Google Street View, 2020.
Figure 3. The Northwest facade, facing W. Branch
Street. Source: Google Street View, 2020.
Figure 4. The southwest facade. Source: Google
Street View, 2020.
Figure 5. The southeast facade. Source: Google
Street View, 2018.
Methodology
To prepare this memorandum, Page & Turnbull reviewed images of the property using Google
Street View, the Historic Resource Data Sheet prepared for the property in 1991, State of California
Department of Parks and Recreation (DPR) 523 forms prepared by Page & Turnbull in 2011, the
associated Survey Report prepared in 2011, and information about the proposed mural project
provided by Visit SLO CAL.
Existing Historic Status
A Historic Resource Survey (HRS) was completed for the Village Commercial, Village Residential, and
Historic Design Overlay District areas of Arroyo Grande in 1991. 7KHVXUYH\ZDVOLPLWHGWRWKHFLW\ȇV
commercial and residential Village core, centered on the area between Branch Street and Cherry
Avenue between Traffic Way and Crown Hill. During the project, 118 properties were surveyed and
Page 312 of 390
101 W. Branch Street Letter of Opinion [23044]
Page 3 of 13
PAGE & TURNBULL 170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
inventory sheets were completed for each, including the building at 101 W. Branch Street. The 1991
survey documentation describes physical characteristics of the building but does not include an
evaluation of historic significance.
In 2011, Page & Turnbull completed the City of Arroyo Grande Historic Context Statement (HCS) and
Survey Report. The HCS was revised by the City of Arroyo Grande Historical Resources Committee in
2013. The project provided a framework for the documentation and evaluation of historic resources
in Arroyo Grande. It included a city-wide historic context statement, summarizing the history and
development of the Arroyo Grande, and an intensive level architectural survey of properties in the
Village Commercial Core along Branch Street. DPR 523 A and B forms were prepared for each of the
properties that were intensively surveyed, including 101 W. Branch Street. The property was
FRQVWUXFWHGDURXQG GXULQJWKHȊ9LOODJHRI$UUR\R*UDQGH - ȋSHULRGRI$UUR\R
*UDQGHȇVKLVWRU\DQGLVDQH[DPSOHRIFRPPHUFLDOGHYHORSPHQWGXULQJWKDWSHULRG
According to the DPR forms, the property is eligible for listing on the National Register and California
Register under Criteria A and 1 (events)UHVSHFWLYHO\IRULWVDVVRFLDWLRQȊZLWKWKHHDUO\FRPPHUFLDO
GHYHORSPHQWRIWKH9LOODJH&RUHȋDQGunder Criteria C and 3 (architecture) Ȋas one of few brick
FRPPHUFLDOEORFNVLQWKH9LOODJH&RUHȋWKDWȊHPERGLHVGLVWLQFWLYHFKDUDFWHULVWLFVRIWKHEXLOGLQJW\SH
DQGSRVVHVVHVKLJKDUWLVWLFYDOXHȋ1
Character-Defining Features
The City of Arroyo Grande HCS and Survey Report lists the following character-defining features for
commercial properties constructed during the Village of Arroyo Grande (1862-1910) period of the
FLW\ȇVKLVWRU\
x Commercial use
x Located along Branch Street or Bridge Street
x Vernacular, Western False-Front, False-Front Italianate, or twentieth-century commercial
style
x Modest in size
x Sited on property line, no setback
x Wood-frame or masonry (brick or stone) construction
x One or two stories in height
x Wood, stone or brick cladding
x Glass storefronts with wood sash windows (typically fixed, double-hung or casement)
1 3DJH 7XUQEXOOȊ:HVW%UDQFK6WUHHW-%ULGJH6WUHHWȋ'HSDUWPHQWRI3DUNVDQG5HFUHDWLRQ'35$DQG%
Forms, 2011, 2.
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101 W. Branch Street Letter of Opinion [23044]
Page 4 of 13
PAGE & TURNBULL 170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
x Flat, pent or gable roof with parapet2
Additional character-defining features, specific to 101 W. Branch Street, based on imagery available
on Google Street View, include the following:
x Dentilled wood cornice
x Double-hung wood sash windows with ogee lugs
x Glazed wood doors
x Brick masonry bands, pilasters, and stringcourses
x Angled recessed storefronts with glazed transoms and large display windows
Existing Guidance on Exterior Murals
6HFUHWDU\RIWKH,QWHULRUµV6WDQGDUGVIRU5HKDELOLWDWLRQ
The 6HFUHWDU\RIWKHΔQWHULRUȇV6WDQGDUGVIRUthe Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring & Reconstruction Historic Buildings Ȋ62Ζ6WDQGDUGV with Illustrated
*XLGHOLQHVȋ does not provide any specific guidance about new murals on historic buildings. The
guidance related to paint generally can be summarized as follows: do not apply paint or other
coatings to materials that have historically been unpainted or uncoated, and do not remove paint
from historically painted materials and leave unpainted or uncoated.
ΖQDGGLWLRQWR3DJH 7XUQEXOOȇVDVVHVVPHQWRIWKHLPSDFWRIWKHSURSRVHGPXUDOVRQWhe historic
eligibility of the property at 101 W. Branch Street, the murals will need to comply with all relevant
City of Arroyo Grande code requirements and design guidelines, which are included in the Appendix.
Recommendations
For the purposes of this letter of opinion, murals are assumed to be painted murals. Page &
Turnbull makes the following recommendations for painting murals on the existing painted brick
exterior facades of a historic building.
Materials
Exterior murals should be applied using paint that is:
1. Breathable. Non-breathable paints such as elastomeric paints, which form a vapor
barrier that will trap moisture in the brick masonry, should not be used.
2. Water-based and film-forming. Solvent-based paints should be avoided as they may cut
through the existing exterior paint and stain the substrate brick masonry.
3. Compatible with the existing exterior paint on the building, so that it bonds well and
does not peel or delaminate prematurely.
2 3DJH 7XUQEXOOȊ&LW\RI$UUR\R*UDQGH+LVWRULF&RQWH[W6WDWHPHQW +&6 DQG6XUYH\5HSRUWȋRevised by the City of Arroyo
Grande Historical Resources Committee, 2013, 41.
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101 W. Branch Street Letter of Opinion [23044]
Page 5 of 13
PAGE & TURNBULL 170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
4. Any type of non-painted mural or mosaic that involves fasteners, attachments, glue, etc.
should be reversible and would require additional review.
Location & Placement
Murals should be designed such that:
x Their placement, size, and location does not cover or obscure significant architectural
features (windows, doors, decorative details, etc.)
x They are located on secondary (rear or side facades) of the building, rather than the primary
façade
x They are located on the blank areas of walls, security doors and/or temporary features, such
as construction fencing, and avoid covering significant architectural features
o Murals that extend over secondary doors (that have historically been painted or
coated) at rear or side facades may be appropriate.
o Murals that extend over significant architectural features including window
trim/frames, primary doors, decorative features (plaster ornament, string or belt
courses, etc.), or the roof cornice will likely require further review.
o Murals should not cover window glazing or window openings, such as with plywood
infill.
These recommended guidelines do not address agreements between the property owner(s),
tenant(s), and artist(s). However, the property owner should consider establishing agreements with
tenant(s) and artist(s) regarding the duration that the mural will be installed, what the process is for
removal of a mural, and what maintenance plans are in place for the duration of the life of a mural.
Proposed Mural Project
Visit SLO CAL proposes to paint one new mural on the exterior facade of 101 W. Branch Street. The
mural will be painted on the northwest faFࡤade of the building, facing W. Branch Street, and will be
painted by artist Buddy Norton of Canned Pineapple Co. The mural will be 30 feet long and 10 feet
KLJKDQGSDLQWHGXVLQJDZDWHUEDVHGH[WHULRUDFU\OLFODWH[SDLQWIURP6KHUZLQ:LOOLDPVȇ/DWLWXGH
paint line. According to the artist, the paint is not solvent based or elastomeric and has never had
issues with adhering to existing painted walls.
The following statement by Buddy Norton describes the artistȇs concept for the mural:
I based the over-arching concept off the loose inspiration of the migration of the monarch
EXWWHUIO\ZKLOHW\LQJLQVXEWOHQRGVWRWKHFLW\ȇV[history] where the murals will live.
Everything we choose for these pieces was something that either migrates or carries the
spirit of something coming and going. The Monarch butterflies, wildflowers, [strawberries]
water, fish, surf, and sun were all things we thought held that and represented the coming
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101 W. Branch Street Letter of Opinion [23044]
Page 6 of 13
PAGE & TURNBULL 170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
and going of life on the central coast. We plan on [carrying] out that theme with color as well
[as] having a dark and light yin and yang flow to everything.
I wanted each wall to have a unique look while at the same time carry[ing] on the themes of
the [larger] project so that it was obvious, they all were connected. Each wall has Monarch
Butterflies on them in different ways. We wanted it to feel as if the butterfly was taking you
on a journey from wall-to-wall landing in each townȇs unique environment.
With the artwork for Arroyo Grande, we wanted to tie in the unique richness of the farming
community with the Monarch Butterfly concept. Drawing flowers to resemble windmills,
[strawberries] for the seasonal excitement as well as the Strawberry festival, which I
remember going to as a kid.
Figure 6. Location proposed for a mural on the northwest façade (outlined in red). Source: Visit SLO CAL.
Page 316 of 390
101 W. Branch Street Letter of Opinion [23044]
Page 7 of 13
PAGE & TURNBULL 170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
Figure 7. Artist's sketch of the proposed mural. Source: Canned Pineapple Co.
Arroyo Grande Public Arts proposes to paint a second mural on the exterior faFࡤade of 101. W Branch
Street. The mural will be painted on the southwest faFࡤade of the building, facing a paved parking lot.
The façade does not contain any character-defining features with the exception of two small
windows on the upper floor. Several painted and applied signs have been installed on the façade.
The artwork and size have not yet been determined. The Public Art Commission will adhere to the
paint specifications provided by Page & Turnbull.
Figure 8. The southwest facade. Source: Visit SLO CAL.
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101 W. Branch Street Letter of Opinion [23044]
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PAGE & TURNBULL 170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
Opinion on Proposed Project
Based on information provided to Page & Turnbull, it does not appear that the proposed mural
project will have an impact on the character, materials, or historic status of 101 W. Branch Street.
Although the first mural will be painted on one of the street facades of the building, facing W.
Branch Street, it will be painted on a blank area of the façade and will not cover or obscure any of
WKHEXLOGLQJȇVFKDUDFWHU-defining features. The design concept for the mural is intended to reflect the
agricultural history of Arroyo Grande through an artistic depiction of monarch butterflies, flowers
drawn as windmills, DQGVWUDZEHUULHVUHSUHVHQWLQJWKHFLW\ȇVDQQual Strawberry Festival. The content
of the mural conveys aspects of the social, cultural, geographical, and environmental history and
identity of Arroyo Grande and is, therefore, consistent with the historic character of the Village Core
district.
The second mural will be painted on a secondary, southwest façade, which contains no character-
defining features other than two small windows. This façade currently features some non-historic
painted and attached signage, so it will not be the first time that the façade has had images applied
to it.
The paint proposed to be used will be water-based, breathable, and adhere well to the existing
painted brick surface so that it will not damage the historic brick cladding of the building. The murals
will not result in a permanent change to the building, and if desired, they can be painted over in the
future to return the building to its existing appearance. As such, Page & Turnbull finds that the
proposed murals will not negatively impact the historic status of the building at 101 W. Branch
Street.
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101 W. Branch Street Letter of Opinion [23044]
Page 9 of 13
PAGE & TURNBULL 170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
APPENDIX. ADDITIONAL CITY OF ARROYO GRANDE
MURAL REQUIREMENTS
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101 W. Branch Street Letter of Opinion [23044]
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PAGE & TURNBULL 170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
CITY OF ARROYO GRANDE MUNICIPAL CODE
The City of Arroyo Grande Municipal Code describes requirements for obtaining a permit to install a
mural on a building within the city.
§ 16.16.200. Mural permit.
A. Purpose and Intent. To ensure a mural enhances the architecture or aesthetics of a building
or wall and to ensure a mural does not detract from the character of the district within which
it is located and to ensure a mural is not detrimental to the public health, safety or welfare, a
mural permit shall be required for all murals. A mural permit is in addition to signs.
B. Authority. The community development director is authorized to approve mural permits
subject to the appeal provisions of Section 16.12.150. The architectural review committee
shall provide recommendations to the community development director regarding mural
permit requests. A public hearing is not required.
C. Submittal and Review Procedures.
1. Mural permit applications shall contain the following:
a. Completed planning application form and required fee and attachments (see
also Section 16.12.030);
b. Five copies of a plot plan, drawn to standard engineers scale (approval necessary
for use of scale smaller than 1:30, i.e., 1:40 or 1:50) and with a north arrow,
showing:
i. Location, exterior boundaries and dimensions of the entire property that
is the subject of the application,
ii. Public and/or private adjacent streets, rights-of-way, and easements,
iii. Site access, circulation and off-street parking facilities,
iv. Existing and proposed buildings and structures,
v. Wall, fences, exterior lighting structures and planted areas,
c. Five copies of a mural plan showing:
i. Dimensions and area (in square feet) of the mural,
ii. Dimensions and areas of building walls on which the mural is to be
located,
iii. Height of the mural above the average ground surface,
iv. Means of lighting, if any,
v. Description of materials and colors,
vi. Scaled drawing of the mural showing design details;
d. One colored rendering depicting the mural on the side of the building or wall, at
a scale sufficient to clearly show all elements of the proposed design;
e. Color photographs of the subject wall or building and surrounding sites;
f. Other information that the community development director may reasonably
require to secure compliance with this title.
Page 320 of 390
101 W. Branch Street Letter of Opinion [23044]
Page 11 of 13
PAGE & TURNBULL 170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
2. After receipt of a completed application, the community development director shall
schedule a mural permit application for review by the architectural review committee.
3. Upon recommendation by the architectural review committee and when the proposed
mural satisfies all applicable provisions of this title, the community development director
shall approve a mural permit.
4. If the community development director approves the mural permit, the building
department shall be notified. A building permit and payment of applicable fees may be
required.
5. If the community development director determines the proposed mural to be
unacceptable, the director shall inform the applicant of identifiable issues and suggest
alternatives to resolve such issues. The applicant shall then be directed to return with
revisions and/or work with staff to resolve issues. If issues cannot be resolved, the
community development director shall deny the mural permit application.
D. Required Findings. The community development director may approve a mural permit only
if all of the following findings of fact can be made in an affirmative manner:
1. The proposed mural is consistent with the goals, objectives, policies and programs of the
Arroyo Grande general plan, specific plan, and any applicable design guidelines or
approvals;
2. The proposed mural will not be detrimental to the public health, safety and welfare;
3. The proposed mural, including the physical location or placement, size and design, is
consistent with the character of the district and the neighborhood within which it is
located;
4. The proposed mural, including the physical location or placement, size and design, is
consistent with the character of the building or wall upon which it is placed and will
complement the architecture or aesthetics of the building or wall;
5. The proposed mural does not contain any advertising material (murals containing
advertising materials may be reviewed as signs subject to the provisions of Chapter
16.60).
§ 16.16.200(C)
4. Mural Permit. No murals shall be painted without the approval of a mural permit in
accordance with Section 16.16.200 of this title. Murals are not considered signs and shall
not include the name, logo, or other representation that advertises a business, product,
service or other commercial activity. Murals are considered a means to enhance the
architecture or aesthetics of a building or wall and not a form of advertisement. If a
mural is proposed that contains advertising materials, it shall be treated as a sign and
reviewed pursuant to subsection (C)(1), (C)(2), or (C)(3) of this section and shall comply
with Table 16.60.040-A. The mural permit process allows city review of murals to ensure
that size, location and placement is consistent with the character of the district within
Page 321 of 390
101 W. Branch Street Letter of Opinion [23044]
Page 12 of 13
PAGE & TURNBULL 170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
which it is located; the character of the building or wall upon which it is placed; and that
the mural is not detrimental to the public health, safety or welfare.
CITY OF ARROYO GRANDE GUIDELINES AND STANDARDS FOR
HISTORIC DISTRICTS
The City of Arroyo City Council adopted Design Guidelines and Standards for the Historic Character
Overlay District (D-2.4) in 1991. The most recent update to the document was in 2009. The
document contains the following guidelines relevant to applying murals to EXLOGLQJVZLWKLQWKHFLW\ȇV
historic districts. The building at 101 W. Branch Street is located in the Village Core Downtown (VCD)
historic district.
Public Art
1. 3XEOLF$UWVKDOOEHFRQVLVWHQWZLWKWKH&LW\ȇV3ROLF\RQ3XEOLF$UWDQGLQFKDUDFWHUZLWKWKH
historic period.3
PUBLIC ART GUIDELINES AND PUBLIC ART DONATION PROGRAM
The City of Arroyo City Council adopted Public Art Guidelines and Public Art Donation Program in
2004. The most recent update to the document was in 2021. The document contains the following
guidelines and selection criteria for public art on non-residentially zoned private property:
Guidelines
The following guidelines developed by the San Luis Obispo County Arts Council are intended to
facilitate and encourage Public Art that is proposed to be placed in non-residentially zoned private
property or by a property owner on adjacent public right of way within the City:
1. Public art shall be of high artistic quality.
2. Public art shall be compatible with the immediate site and neighborhood in terms of social
and cultural characteristics, architectural scale, materials, land use and geographical and
environmental context.
3. Public art shall not impede pedestrian or vehicular traffic or conflict with public or private
easements.
4. Consideration shall be given to any public safety of public health concerns related to, or
created by, the artwork.
3 &LW\RI$UUR\R*UDQGHDQG&DWKHULQH*UDYHVȊ'HVLJQ*XLGHOLQHVDQG6WDQGDUGVI or the Historic Character Overlay District (D-
ȋ8SGDWHG
Page 322 of 390
101 W. Branch Street Letter of Opinion [23044]
Page 13 of 13
PAGE & TURNBULL 170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154
5. Public art shall be constructed of durable, high-quality materials and require minimal or no
maintenance.
6. Public art shall be securely installed.
7. A wide variety of artistic expression is encouraged. However, expressions of profanity or
vulgarity are inappropriate.
Selection Criteria
The following are considerations for the selection of public art
1. Relationship to the social, cultural and historical identity of the area;
2. Evaluation of artistic excellence;
3. Appropriateness of scale, form, material, content and design relative to the immediate
neighborhood;
4. Appropriateness of proposed materials as regards to structural and surface integrity,
protection against vandalism, public safety and weathering;
5. Ease of maintenance;
6. Appropriateness of proposed method of installation and artwork and safety and structural
factors involved in installation;
7. $UWLVWȇVH[SHULHQFHLQZRUNLQJRQFRPSDUDEOHSURMHFWV
Location
Public art is allowed in any district and is strongly encouraged in the Village Downtown, Village Mixed
Use, Gateway Mixed Use, Fair Oaks Mixed Use and Public Facility Districts. Promotion of public art
visible from intersections within these districts as well as proximate to public gathering areas, plazas
and public parking areas is highly recommended.4
4 &LW\RI$UUR\R*UDQGHȊ3XEOLF$UW*XLGHOLQHVDQG3XEOLF$UW'RQDWLRQ3URJUDPȋ$PHQGHG-4.
Page 323 of 390
1
ACTION MINUTES
MEETING OF THE ARCHITECTURAL REVIEW COMMITEE
April 3, 2023, 2:30 p.m.
Hybrid City Hall Conference Room/Virtual Zoom Meeting
300 East Branch Street, Arroyo Grande
Committee Members Present: Lori Mainini Hall, Kristin Juette, C.J.
Horstman, Glenn Martin
Staff Present: Planning Manager Andrew Perez, Associate
Planner Patrick Holub
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with
Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1.CALL TO ORDER
Chair Martin called the meeting to order at 2:30 pm.
2.ROLL CALL
Chair Martin performed the roll call. All members were present.
3.FLAG SALUTE
Committee Member Hall led the flag salute.
4.AGENDA REVIEW
None.
5.COMMUNITY COMMENTS AND SUGGESTIONS
None received.
6.WRITTEN COMMUNICATIONS
None.
7.CONSENT AGENDA
7.a Approval of Minutes
(PEREZ)
Moved by C.J. Horstman
Seconded by Kristin Juette
ATTACHMENT 4
Page 324 of 390
2
Approve the Minutes of the March 20, 2023 Regular Meeting as submitted.
AYES (4): Lori Mainini Hall, Kristin Juette, C.J. Horstman, and Glenn Martin
Passed (4 to 0)
8. PROJECTS
8.a Consideration of Architectural Review 23-002; Construction of a New 2,943 Square Foot
Single Family Residence and 1,016 Square Foot Attached Garage; Applicant – Steven
and Karen Grote; Representative – Mike Shick, M.E. Designs
(HOLUB)
Associate Planner Holub presented the staff report providing details about the project location,
surrounding development, project description, and the applicable Design Guidelines for the
subdivision.
Steve Grote, project applicant, explained the rationale behind the design choices and answered
questions about the stucco texture, driveway paving, and roofing materials.
Chair Martin opened public comment. No public comment was received.
The Committee was supportive of the project as proposed finding that the materials and colors
complemented the surrounding natural environment and comply with the Design Guidelines.
The Committee appreciated the landscape design and found the design to be compatible with
the neighborhood. The Committee asked that the applicant consider maximizing the amount of
metal roofing and creating a more harmonious roofline.
Moved by Kristin Juette
Seconded by Lori Mainini Hall
Recommend that the Community Development Director approve the project as submitted.
AYES (4): Lori Mainini Hall, Kristin Juette, C.J. Horstman, and Glenn Martin
Passed (4 to 0)
8.b Consideration of Architectural Review 23-006; Painting of a New Wall Mural; Location –
101 West Branch Street; Applicant – Alyssa Manno, Visit SLO CAL
(HOLUB)
Associate Planner Holub presented the staff report, providing details about the location of the
project, the proposed mural design, and the public art review process. He also described the
historic significance of the structure and the explained that the applicant submitted a letter of
opinion from an architectural historian stating that the addition of a mural will not be detrimental
to the building's historic significance.
Alyssa Manno, project representative from Visit SLO CAL, provided examples of the artist's
other works and answered questions about the mural trail and why the proposed location was
chosen.
Page 325 of 390
3
Chair Martin opened public comment. No public comment was received.
The Committee spoke in favor of public art and the size and location of the mural. However, the
Committee was not supportive of the design as proposed because it lacks imagery specific to
Arroyo Grande. The Committee also found the colors to be too monochromatic and suggested
adding colors of items that are associated with Arroyo Grande, such as strawberries, and the
red brick common in the Village.
Moved by Glenn Martin
Seconded by C.J. Horstman
The Committee recommends that the City Council approve the mural with the following
conditions
1. Add imagery specific to Arroyo Grande;
2. Add more color to the design to avoid a monochromatic appearance; and
3. Modify the design to tell a story about Arroyo Grande
AYES (4): Lori Mainini Hall, Kristin Juette, C.J. Horstman, and Glenn Martin
Passed (4 to 0)
9. DISCUSSION ITEMS
None.
10. COMMITTEE COMMUNICATIONS
None.
11. STAFF COMMUNICATIONS
Planning Manager Perez announced that the Architectural Review Committee will need to appoint one
of its members to the Public Art Panel at its next meeting.
12. ADJOURNMENT
The Meeting adjourned at 3:42 pm.
_________________________
Glenn Martin, Chair
_________________________
Andrew Perez, Planning Manager
Page 326 of 390
Item 11.a.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Steve Kahn, Interim City Engineer
SUBJECT: Consideration to Approve Construction Plans & Specifications and
Environmental Exemption for the 2022 Street Repairs Project, PW
2022-05
DATE: April 11, 2023
SUMMARY OF ACTION:
Approve construction plans and specifications, authorize the solicitation of bids, and
provide environmental determination for the 2022 Street Repairs Project (the “Project”).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The total budget for the 2022 Street Repairs Project is provided in Table 1 below:
Table 1
In order to complete the Project, Staff proposes four pavement management “strategies”
for Council’s consideration. If all four Strategies discussed below are included in the
Project, a budget adjustment will be necessary when contracts are awarded to
appropriate an estimated amount of $1,136,250 from the Local Sales Tax Fund and/or
the General Fund balance. Staff time will be necessary to provide project administration,
construction management, and inspection services for the project.
Expenditures Cost
Construction 4,487,100
Construction - Public Works 60,000
Construction Contingencies 603,395
Contract Admin 37,506
Testing 163,085
Design/Survey 321,911
Studies 3,500
Total 5,676,497
Page 327 of 390
Item 11.a.
City Council
Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022 -05
April 11, 2023
Page 2
RECOMMENDATION:
1) Approve the construction plans & specifications for Strategies 2 through 4 of the 2022
Street Repairs Project, with Strategy 2 identified as an additive alternative in the request
for bids; 2) Approve the construction plans & specifications for Strategy 1 of the 2022
Street Repairs Project as a separate request for bids; 3) Authorize the City Clerk to
advertise for construction bids; and 4) Find that the project is categorically exempt from
the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c)
and direct the City Clerk to file a Notice of Exemption.
BACKGROUND:
On February 14, 2017, the City Council adopted the 2016 Update to the Pavement
Management Plan (PMP) and endorsed the “Critical Point Management” methodology for
the City’s Pavement Management System (PMS). The Critical Point Strategy approach
selects the road segments for repair or resurfacing that are at a “critical point” of
deterioration. The critical point is a point located on the pavement deterioration graph
which indicates the Pavement Condition Index (PCI) value is about to drop, which would
trigger a more expensive maintenance or rehabilitation approach.
The critical point strategy is a long-range methodology that maintains and improves
roadways before they slip into a costlier PCI range. Roadways are then treated with a
corresponding maintenance or rehabilitation treatment before degrading into a more
expensive treatment. The PMS annually evaluates and provides recommendations for
repair and resurfacing based on this critical point approach. This method is currently being
used each fiscal year when considering the annual Street Repair Project.
The cost to maintain a good condition road with a “light maintenance” treatment can be
approximately twenty times less expensive than a “heavy rehabilitation” of a poor
condition road. As a result, the City’s budget allocation can resurface twenty to thirty more
road segments in good condition than those in poor condition.
Based on the “Critical Point Management” methodology for the City’s PMS, the 2022 PMP
was developed to maximize the available budget by employing four different pavement
management strategies. Slurry seal treatments were identified to preserve and protect
the underlaying pavement structure from sun and water. Overlay treatments were
identified to extend the useful life of the road when the pavement base remained
adequate. Digouts were identified to provide permanent repairs where the pavement is
failing. Value engineering was used to determine the most cost-effective pavement
treatments for certain other segments in need of greater levels of repair.
This multi-pronged, four-Strategy approach maximizes the lane miles of road that can be
repaired based on the funding that is available. The four Strategies were described in a
staff report presented to the City Council on August 23, 2022, as follows:
Page 328 of 390
Item 11.a.
City Council
Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022 -05
April 11, 2023
Page 3
1. Preventive Maintenance (Slurry Seals)
2. Pavement Rehabilitation (Overlays)
3. Hot Spot Repairs on key city streets (Digouts)
4. Value Engineering
Following completion of the value engineering portion of Strategy 4, additional information
was presented to the City Council on November 22, 2022, with a recommendation to
move forward with the street segments and treatments identified in Attachment 1. Table
2 below provides a summary of Strategies 1 through 4 for the recommended 2022 PMP
at the November 22, 2022 Council Meeting.
Table 2
Listed below were staff’s recommendations for 2022 PMP using the four Strategies, value
engineering results, and available construction funds.
Strategy 1: Preventative Maintenance (Slurry Seal)
It was recommended that slurry seal treatments be applied to streets listed in Attachment
2 to extend the useful life of the asphalt surface and reduce the long-term cost to maintain
the streets. The preliminary estimated cost of construction for slurry seal of this Strategy
on the designated streets was $1,423,100. After discussion and deliberation during the
November 22, 2022 City Council meeting, the Council directed that this Strategy 1 be
removed from the remainder of the PMP package and considered separa tely at a later
$1,423,100
$409,000
Nevada Street E Branch Street to Le Point Street $22,000
Mason Street E Branch Street to Le Point Street $9,000
Traffic Way Fair Oaks Avenue to Bridge Street $49,000
Huasna Road Callie Court to City Limit $260,000
California Street Intersection to Fair Oaks Avenue $41,000
$2,274,000
$4,487,100
$381,000
4 - Value Engineering
Equestrian Way Neighborhood and Via Vaquero
Preliminary Construction Total:
Total Construction Budget for Recommended 2022 PMP
1 - Preventative Maintenance
Area 1 thru Area 12
2 - Pavement Rehabilitation
Corbett Canyon Route 227 to North City Limits
3 - Hot Spot Repairs
Page 329 of 390
Item 11.a.
City Council
Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022 -05
April 11, 2023
Page 4
date due to concern regarding costs and overall City financial needs, as discussed further
below.
Strategy 2: Pavement Rehabilitation (Overlay)
During the August 23, 2022 Council meeting, the 2022 PMP proposed an overlay
rehabilitation and curb ramps project for James Way, from Equestrian Way to Tally Ho
Road, at an estimated cost of $1,580,000. At the November 22, 2022 City Council
meeting, it was recommended that the cost for the James Way overlay and curb ramps
could be spent better on streets with a more immediate/higher rehabilitation need and at
a lower cost. This would allow better use of funds when applying the multi-pronged
Strategies.
Staff reviewed the streets in need of rehabilitation with a high traffic volume and a cost to
construct with the remaining 2022 PMP funds. In 2021, digouts were completed on
Corbett Canyon Road, from Route 227 to the north City limits. Completing an overlay of
that segment as part of the 2022 PMP would increase the life of the road by 12-15 years.
The estimated cost of an overlay of this segment was estimated at $409,000. It is a
medium volume arterial and at a southern entrance to the City, and there are no curb
ramps needing replacement. Staff recommended postponing the James Way Pavement
Rehabilitation portion of the project and replacing it with the Corbett Canyon Road
segment described above for the 2022 PMP.
Following discussion and deliberation on November 22, 2022, Council directed staff to
include this Strategy as an additive alternative to the request for bids prepared for
Strategies 3 and 4.
Strategy 3: Hot Spot Repairs (Digouts)
At the August, 23, 2022 meeting, the preliminary estimated cost of hot spot repairs for the
streets identified in Table 3 below was $373,000. At the November 22, 2022 City Council
Meeting, staff presented that following field design work, estimated costs for this Strategy
increased slightly to $381,000. Table 2 includes a list of selected streets and the cost to
install hot spot repairs:
Table 3
List of Selected Streets
Estimated
08/23/2022
Costs
Estimated
11/22/2022
Costs
Nevada St.E. Branch St. to Le Point St.15,000 22,000
Mason St.E. Branch St. to Le Point St.40,000 9,000
Traffic Way Address Tree Roots between Fair Oaks Avenue and Bridge Street 10,000 49,000
Huasna Rd.Callie Court to City limit (After Strother Park)300,000 260,000
California St.Intersection to Fair Oaks Ave.8,000 41,000
373,000 381,000
Page 330 of 390
Item 11.a.
City Council
Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022 -05
April 11, 2023
Page 5
Strategy 4: Value Engineering (Overlays)
Value engineering was performed on the streets listed in Table 4, below. The streets were
cored to investigate the condition and depth of the asphalt and base, and deflection
testing was completed to determine the strength of the existing surface. From this
information, the City’s pavement engineer designed repair treatments using Value
Engineering to provide the most cost-effective pavement treatments without sacrificing
quality or longevity. The Value Engineering results showed that the streets do not need
full reconstruction and that overlays will provide repair treatment using value engineering
to restore the street segments. The estimated costs to provide the value engineered
treatments, as of November 22, 2022, was $2,274,000, as shown on the following table:
Table 4
At the November 22, 2022 Council Meeting, Council expressed concerns regarding likely
increased costs for essential services such as fire, as well as anticipated funding
constraints following the failure of the City’s proposed sales tax measure, Measure D-22,
in the November 8, 2022 Election. Following deliberation, Council directed staff to to move
Strategy 1: Preventative Maintenance (Slurry Seal) as a stand -alone project and to
evaluate in late winter 2023; and to move forward on Strategies 2 through 4, with Strategy
2: Pavement Rehabilitation (Overlay) as a bid alternative.
At the February 28, 2023 City Council meeting, Council received an update from
consultants at Baker Tilly regarding the Five Cities Fire Authority (FCFA) organizational
assessment and analysis of service delivery and fiscal impacts following the planned
wind-down of the Oceano Community Services District’s membership in the FCFA . A
portion of this presentation provided a Fiscal Analysis with staffing and service level
Original
Estimated
Costs
Value
Engineered
Costs
Stevenson Dr.James Way to Hodges Road 99,000$ 221,000$
Hodges Road Equestrian Way to Cul De Sac 254,000 124,000
Equestrian Way James Way to Noyes Road (11 Ramps)1,230,000 114,000
Acorn Dr.Equestrian Way to Equestrian Way 523,000 827,000
Oak Leaf Circle Equestrian Way to Cul De Sac 105,000 131,000
Scenic Circle Equestrian Way to Cul De Sac 143,000 61,000
Mustang Circle Equestrian Way to Cul De Sac 124,000 51,000
Vista Circle Equestrian Way to Cul De Sac 144,000 33,000
Vista Drive Equestrian Way to PCC S/O Los Ciervos Court 933,000 45,000
Arabian Circle Vista Drive to Cul De Sac (2 Ramps)241,000 55,000
Deer Trail Circle Equestrian Way to Cul De Sac 189,000 191,000
Via Vaquero Rancho Parkway to Via Bandolero (10 Ramps)130,000 421,000
Estimated Cost if the Right Treatment was Used:4,115,000$ 2,274,000$
Value Engineer Remaining Funds on the Following Street Segments
Page 331 of 390
Item 11.a.
City Council
Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022 -05
April 11, 2023
Page 6
evaluations. Council provided feedback to pursue a restructured fire services Joint
Powers Agreement (JPA) with the City of Grover Beach as recommended in the study,
as well as a contractual fee-for-service arrangement with Oceano for a defined period of
time. The Baker Tilly presentation estimated that this approach, identified as Option A -4
in the presentation, will increase costs of fire service to the City by approximately $1.6
million (Estimated Plan A-4 cost equals $4,152,000 minus current City cost of
$2,581,000).
At the March 14, 2023 City Council meeting, Council received a presentation of the City’s
Five-Year Financial Forecast. The report provided an overview of the adopted General
Fund FY 2022-23 budget, the projected General Fund actuals for FY 2022-23, and
projected revenue and expenditures for the following 5 years, including FY 2023-24
through FY 2027-28. Table 6 summarizes these financial projections.
Table 6
Because a portion of the City’s FCFA costs are paid from the City’s Local Sales Tax Fund,
which is reported separately from the City’s General Fund, these projections do not
include all of the anticipated increased costs for fire service.
ANALYSIS OF ISSUES:
Plans and specifications () have now been completed for Strategies 2 through 4
(Attachment 3). Approval of the plans and specifications by Council provides additional
immunities to the City and have been included for consideration and approval.
Table 7 below provides updated cost estimates to construct Strategies 2 through 4 .
FY 2022-23
Adopted
FY 2022-23
Projection FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Beginning Fund Balance $7,999 $10,500 $8,662 $8,506 $8,356 $7,804 $7,173
Total Revenue 20,901 22,104 21,731 22,358 23,014 23,689 24,386
Total Expenditures 23,279 23,941 21,887 22,508 23,565 24,321 25,102
Surplus or (Deficit)(2,378) (1,838) (157) (150) (552) (631) (716)
Ending Fund Balance $5,621 $8,662 $8,506 $8,356 $7,804 $7,173 $6,457
Fund Balance %24.1%36.2%38.9%37.1%33.1%29.5%25.7%
(In thousands)
General Fund Financial Forecast
Page 332 of 390
Item 11.a.
City Council
Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022 -05
April 11, 2023
Page 7
Table 7
The engineer’s estimate for construction of Strategies 2 through 4 was $3,064,000 at the
November 22nd City Council Meeting and are now estimated to be $3,616,923, which is
an increase of $552,923. The increase is due to:
Expanded asphalt digouts. Due to the heavy rains experienced this winter, the
condition of the asphalt has deteriorated quickly. This has required larger and more
asphalt digouts on the roads in the Project.
Inflation. The City’s pavement engineer uses current construction bids to update
unit prices of construction material and labor, which includes increases caused by
inflation.
Edge drains and cross gutters were added to the roads in the Project. These were
identified in final design after the rains.
The design of Strategy 1: Preventative Maintenance (Slurry Seal) has also been
completed (Attachment 4). The current estimated cost to construct this Strategy is
$1,689,047 (Attachment 5), which is an increase of $265,947 compared to the estimate
provided to the City Council on November 22, 2022. Slurry seal costs are estimated to
increase due to:
Dig outs. During the design process, additional necessary dig outs were identified
due to the heavy rains this winter on the streets that were included in the list of
slurry seal segments.
Inflation. Similar to the cost increases described above, inflation has increased
cost estimates for the slurry seal portion of the project.
Strategy Street Limits Cost
2: Pavement Rehabilitation Corbett Canyon Rd.Route 227 to City Limits 269,748$
California St.Intersection to Fair Oaks Ave.53,875
Huasna Rd.Callie Court to Le Point St.294,076
Mason St.E. Branch St. to Le Point St.20,225
Nevada St.E. Branch St. to Le Point St.14,865
Traffic Way Fair Oaks Ave. to Bridge St.63,627
Acorn Dr.Equestrian Way to Equestrian Way 231,586
Arabian Circle Vista Dr. to Cul De Sac 152,882
Deer Trail Circle Equestrian Way to Cul De Sac 224,296
Equestrian Way James Way to Noyes Road 1,095,972
Hodges Road Equestrian Way to Cul De Sac 219,737
Mustang Circle Equestrian Way to Cul De Sac 63,887
Oak Leaf Circle Equestrian Way to Cul De Sac 53,216
Scenic Circle Equestrian Way to Cul De Sac 32,083
Stevenson Dr.James Way to Hodges Rd.50,710
Vista Circle Equestrian Way to Cul De Sac 57,078
Vista Drive Equestrian Way to Los Ciervos Ct.198,598
Via Vaquero Rancho Parkway to Via Bandolero 520,462
3,616,923$
3: Hot Spot Repairs (Digouts)
4: Value Engineering (Overlay)
Page 333 of 390
Item 11.a.
City Council
Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022 -05
April 11, 2023
Page 8
Table 8 summarizes the total updated cost estimates to construct all four Strategies.
Table 8
The total construction cost to complete all four strategies is $5,305,970. Currently, the FY
2022-23 budget allocates $4,487,100 to construct the Project. Therefore, an additional
$1,136,250 will need to be appropriated to fully fund the Project if all four strategies will
be completed.
Local Sales Tax Fund Projections
The Local Sales Fund Expenditure Program is generally not presented to City Council
until the consideration of the 5-Year Capital Improvement Plan (CIP), and, as mentioned
above, the Local Sales Tax Fund projections were no t included in the 5-Year General
Fund Projects presented on March 14, 2023. However, Table 9 below provides a 5-Year
projection of expenditures and revenue for the Local Sales Tax Fund using the current 5 -
Year CIP. Table 9 was created using the same model as demonstrated in Table 6 above
for the General Fund 5-Year Financial Forecast.
1 - Preventative Maintenace
1,689,047$
2 - Pavement Rehabilitation
269,748
3 - Hot Spots Repairs
Nevada Street E. Branch Street to Le Point Street 14,865
Mason Street E. Branch Street to Le Point Street 20,225
Traffic Way Fair Oaks Avenue to Bridge Street 63,627
Huasna Road Callie Court to City Limit 294,076
California Street Intersection to Fair Oaks Aveneue 53,875
446,668
4 - Value Engineering
2,900,507
Preliminary Construction Total:5,305,970$
Total Construction Budget for Recommened 2022 PMP
Area 1 thru Area 12
Equestrian Way Neighborhood and Via Vaquero
Corbett Canyon Route 227 to North City Limits
Page 334 of 390
Item 11.a.
City Council
Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022 -05
April 11, 2023
Page 9
Table 9
Revenues identified in Table 9 include the City’s sales tax consultant’s (HdL) projected
reduction in sales tax revenues of 0.2% in the current fiscal year and another reduction
of 1.1% in FY 2023-24 due to an anticipated minor economic slowdown and then a 3%
growth rate in the out years.
The expenditures identified in Table 9 include the following assumptions:
FY 2023-24 through FY 2027-28 FCFA Expenditures used the totals from the
Baker Tilly Plan A-4 model presented on February 28, 2023;
All expenditures budgeted in the 5-Year CIP approved by Council on June 14,
2022 for FY 2022-23 through FY 2026-27;
Escalation of public safety (senior police officer and other public safety) and
operating expenses by 2%;
FY 2027-28 expenditures were estimated to include the following:
o FCFA Baker Tilly Plan A-4;
o Escalated public safety and operating costs;
o 20% reserve;
o Remaining funding to PMP.
The budgeted amount of revenues for the 2022 PMP Project is higher than shown in
Table 9 above because three additional revenues sources provide a total of $1,226,325
for the Project. Of this amount, $768,685 is from the General Fund. The revenue sources
for the Project are currently:
FY 2022-23
Adopted
FY 2022-23
Projection FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Beginning Fund Balance $6,026,350 6,026,350 $2,134,556 $1,384,314 $161,265 $379,933 $97,884
Total Revenue 2,846,000 3,064,627 3,047,832 3,139,300 3,233,500 3,330,500 3,430,400
Expenditures
FCFA 528,894 528,894 1,038,000 1,089,900 1,122,597 1,145,049 1,167,950
Police Senior Officer Position 178,500 178,500 182,100 185,700 189,400 193,200 197,064
Other Public Safety 108,600 76,759 171,100 291,100 276,500 214,000 214,000
Operating 206,500 186,500 222,500 264,500 77,500 52,500 52,500
Pavement Management Program 4,262,913 4,450,172 1,573,900 942,800 1,250,000 1,667,800 1,211,436
All Other Capital Projects 2,246,696 1,535,596 610,474 1,588,349 98,835 340,000 -
Total Expenditures 7,532,103 6,956,421 3,798,074 4,362,349 3,014,832 3,612,549 2,842,950
Surplus or (Deficit)(4,686,103) (3,891,794) (750,242) (1,223,049) 218,668 (282,049) 587,450
Ending Fund Balance $1,340,247 2,134,556 1,384,314 161,265 379,933 97,884 685,334
Fund Balance %47.1%69.7%45.4%5.1%11.7%2.9%20.0%
Local Sales Tax Fund Financial Forecast
Page 335 of 390
Item 11.a.
City Council
Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022 -05
April 11, 2023
Page 10
Table 10
In order to complete Strategies 1 through 4, the CIP budget for FY 2023-24 will need to
appropriate approximately $1,136,250 more from the Local Sales Tax Fund balance
and/or the General Fund balance. This will result in less available funding in future years
of the CIP, which will require adjustments to funding for other CIP projects. It is anticipated
that appropriation of $1,136,250 from the Local Sales Tax Fund balance will leave
approximately 32.6% in reserve in this fund, based on the current CIP and projected
expenditures from the Local Sales Tax Fund. However, it should be noted that Local Sales
Tax Fund expenditures are likely to change significantly in the upcoming CIP. Several
projects budgeted using Local Sales Tax Fund money are unlikely to be completed during
this fiscal year, which will increase available fund balance. More accurate projections will
be known at the time a construction contract would be considered for approval.
Recommendation
The current Pavement Condition Index for the City of Arroyo Grande is 54 , which is two
points lower than last reported in November 2022 . If Strategies 1 through 4 are
constructed with the 2022 Street Repair Project, the PCI will increase to 58. If Strategy 1
is not completed as part of the 2022 Street Repair Project, the PCI is estimated to be 56.
In order to continue striving to maintain the highest PCI possible within the City, staff
recommends the City Council approve the plans and specifications for all four Strategies
and enable staff to obtain firm construction costs to complete the entire Project . Once
bids are received and total costs are known, staff would return to Council to identify
funding sources for the Project and award construction contracts. It is likely that a budget
adjustment of approximately $1.1 million will be necessary at that time to fully fund all four
Strategies; however, the City will have a more accurate picture of the projected Local
Sales Tax Fund balance when the adjustment is requested. At that time, Council may
approve contracts for construction of Strategies 3 and 4, Strategies 2 -4, and/or Strategy
1, considering total costs and available funding.
In order to move forward as suggested by staff, the City Council would direct staff to:
Solicit bids to construct Strategies 2 through 4, with Strategy 2 as a bid alternative;
Solicit bids to construct Strategy 1, as a stand-alone project;
Revenue Source Total
USHA 68,900
General Fund 768,685
SB 1 388,740
Sales Tax Fund 4,450,172
Total 5,676,497
Page 336 of 390
Item 11.a.
City Council
Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022 -05
April 11, 2023
Page 11
Return to Council with proposed construction contracts addressing Strategies 1
through 4, depending on the results of the bids, and with a proposed budget
adjustment to fully fund the selected strategies using Local Sales Tax Fund
balance and/or General Fund reserves.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. 1) Approve the construction plans & specifications for Strategies 2 through 4 of
the 2022 Street Repairs Project, with Strategy 2 identified as an additive
alternative in the request for bids; 2) Approve the construction plans &
specifications for Strategy 1 of the 2022 Street Repairs Project as a separate
request for bids; 3) Authorize the City Clerk to advertise for construction bids;
and 4) Find that the project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c)
and direct the City Clerk to file a Notice of Exemption;
2. Approve the construction plans & specifications for Strategies 2 through 4 of
the 2022 Street Repairs Project; Authorize the City Clerk to advertise for
construction bids; Provide staff direction for bidding Strategy 1;
3. Do not approve staff’s recommendations;
4. Modify staff’s recommendation and approve; or
5. Provide direction to staff.
ADVANTAGES:
Completing the 2022 Street Repair Project will extend the service life of the treated street
segments and reduce future costs and provide a smoother safer driving surface. New
striping will be installed, which will provide safer driving facilities.
DISADVANTAGES:
There will be traffic inconveniences to the travelling public during construction. Staff will
monitor the traffic control to conform to the requirements of the Municipal Uniform Traffic
Control Devices manual (MUTCD) to mitigate any negative effects. City inspectors will be
at the site during construction to adjust the traffic control for isolated instances (driveway
access, etc.).
ENVIRONMENTAL REVIEW:
The project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guideline Section 15301(c) covering the repair and maintenance of
existing highways, streets and sidewalks, as it consists of a plan for the repair of existing
streets without an expansion of use.
None of the exceptions to the Class 1 Exemption listed in CEQA Guidelines Section
15300.2 apply to the Pavement Management Plan. There will not be cumulative impacts,
Page 337 of 390
Item 11.a.
City Council
Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022 -05
April 11, 2023
Page 12
as all potential streets were analyzed in the Plan, and there are no unusual circumstances
regarding the existing streets. The Pavement Management Plan will not impact scenic
resources within a state scenic highway, is not located on hazardous waste sites, and will
not cause a substantial adverse change in historical resources, as the s treets already
exist and the area has been previously disturbed.
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. 2022 PMP Map
2. List of Roads for Strategy 1
3. Construction Documents for Strategy 2 through 4 for the 2022 Street Repair
Project
4. Construction Documents for Strategy 1
5. Engineers Estimate for Strategy 1
6. Notice of Exemption
Page 338 of 390
ATTACHMENT 1Page 339 of 390
Attachment 2
City of Arroyo Grande
Slurry Seal Streets
Road Name BegLocation EndLocation Est. Section Cost
Blackberry Avenue Courtland Street Cranberry Street $8,159
Blackberry Avenue Boysenberry Street Courtland Street $13,645
Blueberry Avenue Boysenberry Street Courtland Street $12,245
Boysenberry Street Raspberry Avenue Strawberry Avenue $24,559
Cedar Street Courtland Street Aspen Street $39,015
Courtland Street Ash Street E.Grand Avenue $80,126
Cranberry Avenue Raspberry Avenue Blackberry Avenue $19,743
Huckleberry Avenue Cranberry Street Courtland Street $11,800
Loganberry Avenue Cranberry Street Courtland Street $12,872
Raspberry Avenue Courtland Street Boysenberry Street $12,452
Raspberry Avenue Cranberry Street Courtland Street $10,997
Seabright Avenue Oak Park Boulevard Cranberry Street $5,453
Sage Stret Spruce Street Aspen Street $14,835
Strawberry Avenue Boysenberry Street End of Cul De Sac $23,890
$289,791
El Camino Real Oak Park Boulevard E.Grand Avenue $411,842
$411,842
Asilo Street La Canada Vista Drive $32,816
Asilo Street La Canada Street (North End)La Canada Street (South End)$24,357
Castillo Court Vista Drive End $7,650
La Canada PCC at Median S/O Asilo Street Vista Drive $24,198
Los Ciervos Court Cul De Sac (West End)Cul De Sac (East End)$28,479
Paraiso Court Asilo Steet Cul De Sac $4,661
Puesta del Sol Los Ciervos Vista Drive $28,354
Vista Drive PCC at Median La Canada $45,265
$195,780
Rosemary Lane West End Cul De Sac $24,291
Salida de Sol James Way Cul De Sac $14,722
Sombrillo Salida de Sol Rosemary Lane $18,811
$57,824
Hidden Oak Road James Way End of Road $26,444
Quail Ridge Court Hidden Oak Road Cul De Sac $8,789
$35,233
Village Glen Drive James Way Hidden Oak Road $28,990
$28,990
Ridgeview Way Tally Ho Road White Court $36,297
White Court Ridgeview Way Cul De Sac $9,039
$45,336
Pearwood Avenue Huasna Road Oak Hill Road (EOS)$32,786
$32,786
Coach Road Branch Mill Road Flora Road (CIW N/O Flora)$18,776
Flora Road Coach Road End of Street $15,686
GROUP 5
GROUP 1
SUBTOTAL
GROUP 2
SUBTOTAL
GROUP 3
SUBTOTAL
GROUP 4
SUBTOTAL
SUBTOTAL
GROUP 6
SUBTOTAL
GROUP 7
SUBTOTAL
GROUP 8
SUBTOTAL
GROUP 9
Page 1 of 2
ATTACHMENT 2
Page 340 of 390
Attachment 2
City of Arroyo Grande
Slurry Seal Streets
Road Name BegLocation EndLocation Est. Section Cost
Greenwood Drive Flora Road End of Street $15,687
Tanner Lane Flora Road Branch Mill Road $16,070
$66,219
James Way Equestrian Way Oak Park Boulevard $122,931
$122,931
E. Grand Avenue/Branch
Street El Camino Real Mason Street $192,110
$192,110
Castillo del Mar End of Street Orchard Avenue $70,673
West Cherry Avenue Arroyo Avenue End of Street (AGHS)$24,585
Orchard Avenue Fair Oaks Avenue Castillo de Mar $58,119
South Via Avante Court Castillo del Mar Cul De Sac $9,227
North Via Belmonte Court Castillo del Mar Cul De Sac $8,138
South Via Belmonte Court Castillo del Mar Cul De Sac $16,701
North Via Firenze Court Castillo del Mar Cul De Sac $10,973
South Via Firenze Court Castillo de Mar Cul De Sac $11,782
$210,198
1,689,047
SUBTOTAL
SUBTOTAL
GROUP 12
SUBTOTAL
TOTAL
GROUP 10
SUBTOTAL
GROUP 11
Page 2 of 2Page 341 of 390
AREA 3A (HUASNA ROAD)AREA 3A(VARIOUS STREETS)AREA 3B (EQUESTRIANWAY NEIGHBORHOOD)AREA 3B (VIA VAQUERO)CORBETT CANYON ROADCONSTRUCTION PLANSFORVARIOUS STREETSSHEET INDEXSHEET NUMBERSHEET DESCRIPTION1TITLE SHEET2AREA 3A (VARIOUS STREETS)3AREA 3A (HUASNA ROAD)4 - 10AREA 3B (EQUESTRIAN WAY NEIGHBOORHOOD)11AREA 3B (VIA VAQUERO)12 CORBETT CANYON ROAD13 - 14EDGE DRAIN ENLARGEMENTS15CONTROL POINT DATA SUMMARY16 - 21CURB RAMPS DESIGNS (EQUESTRIAN WAY NEIGHBORHOOD)22 - 25CURB RAMPS DESIGNS (VIA VAQUERO)26 - 29STANDARD DETAILSGENERAL NOTES:1. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL NECESSARY PERMITS TOCOMPLETE WORK.2. FOR AREAS TO BE REMOVED & REPLACED, THE CONTRACTOR SHALL ONLY REMOVEMATERIAL QUANTITIES THAT CAN BE REPLACED DURING THE SAME WORK DAY.3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REPAIRING DAMAGE TO ANY PUBLIC ORPRIVATE UTILITIES AND/OR STRUCTURES SHOWN OR NOT SHOWN ON THESE PLANS CAUSEDBY THE CONTRACTOR'S ACTIONS. THE CONTRACTOR IS REQUIRED TO TAKE DUEPRECAUTIONARY MEASURES TO PROTECT THE UTILITIES OR STRUCTURES FOUND AT THESITE. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE OWNERS OF THEUTILITIES OR STRUCTURES BEFORE STARTING WORK (AT LEAST TWO (2) WORKING DAYSREQUIRED).4. THE CONTRACTOR SHALL CONTACT UNDERGROUND SERVICE ALERT AT 811 AT LEAST TWO(2) WORKING DAYS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION TO ALLOW UTILITYOWNERS TO MARK THE LOCATION OF THEIR RESPECTIVE UNDERGROUNDFACILITIES/UTILITIES, PUBLIC OR PRIVATE, SHOWN OR NOT SHOWN ON THESE PLANS.5. THE CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE DIVISION OF INDUSTRIALRELATIONS (CAL-OSHA) SAFETY STANDARDS, IN ACCORDANCE WITH SECTION 7-10.4 OF THESSPWC. IF REQUESTED BY THE INSPECTOR, THE CONTRACTOR SHALL PROVIDE PROOF OF APERMIT FROM CAL-OSHA.6. THE CONTRACTOR SHALL DISPOSE OF ALL CONSTRUCTION WASTE IN A LEGAL MANNER.7. ALL PAVEMENT MARKING & LANE DELINEATION DETAILS SHOWN ON PLANS ARE EXISTING.CONTRACTOR SHALL REPLACE PAVEMENT MARKINGS AND LANE DELINEATIONS AS NEEDEDWHERE AFFECTED BY REMOVE & REPLACE AREAS WITHIN AREA 3A AND ON ALL PROJECTSTREETS WITHIN AREA 3B AND CORBETT CANYON ROAD.8. EXISTING PAINTED CURB NOT SHOWN. CONTRACTOR IS RESPONSIBLE FOR PREPARING ANDREPAINTING EXISTING PAINTED CURB TO MATCH EXISTING UNLESS OTHERWISE DIRECTEDBY THE CITY.9. UTILITY COVERS ARE SHOWN ON PLANS FOR REFERENCE. CONTRACTOR SHALL LOWER ALLCOVERS WITHIN ALL REMOVE & REPLACE AND KEYCUT AREAS PRIOR TO COLD PLANING ANDRESET ALL COVERS TO FINISH SURFACE AFTER HMA PLACEMENT. CONTRACTOR SHALLINSTALL NEW VALVE BOXES, SEWER CLEANOUT FRAME/COVERS AND MANHOLEFRAME/COVERS PER CITY STANDARD PLANS 6040 & 6340.10. SEVERAL DIGOUT AREAS WITHIN THE PAVEMENTS INCLUDE PRUNING & REMOVING EXISTINGTREE ROOTS. IN ADDITION, THE CONTRACTOR SHALL ANTICIPATE PRUNING & REMOVINGEXISTING TREE ROOTS AT ALL CONCRETE FACILITIES TO BE CONSTRUCTED OR REMOVED &REPLACED.11. A CONSTRUCTION PRE-WALK WITH THE CITY ARBORIST SHALL BE CONDUCTED PRIOR TOCOMMENCING WORK TO IDENTIFY AREAS DESIGNATED TO PRUNE & REMOVE TREE ROOTS.THE CITY ARBORIST SHALL PROVIDE RECOMMENDATIONS TO THESE WORK AREAS ASNEEDED, WHICH MAY INCLUDE FULLY REMOVING TREES. THE CONTRACTOR SHALL NOTIFYTHE CITY ARBORIST PRIOR TO WORKING IN THESE AREAS.2022 STREET REPAIRS PROJECTPW 2022-05CITY OF ARROYO GRANDE: LOCATION MAPNOT TO SCALEATTACHMENT 3Page 342 of 390
HARDEN STREETEAST BRANCH STREETLE POINT STREETREMOVE & REPLACE 4" HMA(~6'X30', TYP.)(~7'X116')(~6'X12')(~6'X9')(~6'X27')(~6'X77')(~6'X10')(~6'X6')LE POINT STREETEAST BRANCH STREETREMOVE & REPLACE 4" HMA(~9'X13', TYP.)(~8'X60')WEST CHERRY AVENUEFAIR OAKS AVENUEREMOVE & REPLACE 4" HMA(~6'X57', TYP.)(~6'X60')(~10'X50')(~10'X108')(~6'X44')(~27'X27')(~6'X31')(~14'X55')(~6'X55')(~6'X15')NTSREMOVE & REPLACE 4" HMAREMOVE 4"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 4" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.PLACE 2" HMA BASE COURSE& 2" HMA SURFACE COURSESEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELJAMES WAYHUASNA ROADTALLY HO ROADCORBETT CANYON ROADEAST BRANCH TRAFFIC WAYSTREET FAIR OAKSAVENUENEVADA STREETCALIFORNIA STREETMASON STREETTRAFFIC WAYLEGENDREMOVE & REPLACE 4" HMARPRUNE & REMOVE TREE ROOTS(~10'X30')(~8'X22')(~13'X23')REMOVE & REPLACE 4" HMA(~6'X8', TYP.)(~8'X15')RRRRRWATER VALVECALTRANS STRIPING DETAIL "XX"Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3A.DWG Plot Date: 3/1/2023 3:56 PMKEY MAPNTSNEVADA STREETN. MASON STREETCALIFORNIA STREETPage 343 of 390
LA CRESTA DRIVEVARD LOOMIS LANEIKEDA WAYROSEWOOD LANEPEARWOOD AVENUE(~12'X250', CONT.)(~6'X191', CONT.)(~6'X271')REMOVE & REPLACE 4" HMA(~6'X246', TYP.)(~12'X100')(~8'X307')(~12'X482')(~6'X422')(~12'X100')(~6'X40')1111REPLACE CONTINENTALCROSSWALK LINES AS NEEDEDCITY LIMITSKEY MAPNTSC1C2CALLIE COURTREMOVE & REPLACE 4" HMA(~12'X244', TYP.)(~6'X30')(~6'X40')(~6'X153')(~6'X191', CONT.)(~12'X250', CONT.)1NTSREMOVE & REPLACE 4" HMAREMOVE 4"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 4" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.PLACE 2" HMA BASE COURSE& 2" HMA SURFACE COURSESEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELLOWER UTILITY COVER PRIOR TO COLD PLANE& RESET TO FINISH GRADE AFTER PAVING.CONSTRUCTION NOTES:1JAMES WAYHUASNA ROADTALLY HO ROADCORBETT CANYON ROADEAST BRANCH TRAFFIC WAYSTREET FAIR OAKSAVENUEHUASNA ROADLEGENDREMOVE & REPLACE 4" HMAHUASNA ROADMATCHLINE - SEE ABOVE RIGHTMATCHLINE - SEE BELOW LEFTWATER VALVECALTRANS STRIPING DETAIL "XX"Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3A.DWG Plot Date: 3/1/2023 3:56 PMBORING LOGNO.ACFABRIC (Y/N)C1 7" YC26"YC3 6-1/2" Y*CORING DATA IS FOR INFORMATIONONLY. EXISTING SECTION MAY VARYFROM SECTION(S) FOUND AT CORINGLOCATION(S). FABRIC MAY BE PRESENTIN SECTIONS EVEN IF NOT FOUND ATCORING LOCATION(S).BORING LOCATIONXXC3Page 344 of 390
EQUESTRIAN WAYNOYES ROADC1C2(~12'X182')(~12'X120')(~8'X101')REMOVE & REPLACE 4" HMA(~6'X6', TYP.)(~20'X15')C3KEYCUT A1 (TYP.)TYPICAL SECTION NO. 111KEYCUT B1 (TYP.)TYPICAL SECTION NO. 116(~20 LF)297EQUESTRIAN WAY DEER TRAIL CIRCLEARABIAN CIRCLE VISTA CIRCLEMUSTANG CIRCLEOAK LEAF CIRCLEACORN DRIVEHODGES ROADSTEVENSONNOYES ROADSCENIC CIRCLEJAMES WAYVISTA DRIVEDRIVEOLD OAK PARK ROADCLINTON COURTKEYCUT - TYPE A1LONGITUDINAL KEYCUTNTS6'KEYCUT - TYPE B1TRANSVERSE KEYCUTNTSEX. CURB& GUTTER1-3/4"REMOVE EX.PAVEMENTEX. PAVEMENT SURFACE15'EX. PAVEMENT ORCROSS GUTTER1-3/4"EX. PAVEMENT SURFACEREMOVE EX.PAVEMENTNTSREMOVE & REPLACE 4" HMAREMOVE 4"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 4" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.PLACE 2" HMA BASE COURSE& 2" HMA SURFACE COURSESEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELNTSTYPICAL SECTION NO. 16'KEYCUT A16'KEYCUT A13"3"1-3/4"1-3/4"TAPER LEVELING COURSE OVER WIDTHOF KEYCUT TO 0" THICKNESS, 3" FROMGUTTER LIP & TRANSVERSE EDGE (TYP.).REMOVE & REPLACE4" HMA; SEE PLANFOR LOCATIONS.1-3/4" HMA SURFACECOURSE1/2" LEVELING COURSELOWER UTILITY COVER PRIOR TO COLD PLANE & RESET TO FINISHGRADE AFTER PAVING.REMOVE EXISTING CURB & GUTTER. REPLACE WITH CURB &GUTTER PER CITY OF ARROYO GRANDE ENGINEERING STANDARDPLAN 4030, ISSUED MARCH 2016.CONSTRUCTION NOTES:12REMOVE EXISTING CATCH BASIN. REPLACE WITH CATCH BASIN PERCOUNTY OF SAN LUIS OBISPO DEPARTMENT OF PUBLIC WORKSSTANDARD DRAWING NO. D-2, ISSUED AUGUST 2022.REMOVE EXISTING CROSS GUTTER. REPLACE WITH CROSS GUTTERPER CITY OF ARROYO GRANDE ENGINEERING STANDARD PLAN4310, ISSUED MARCH 2016.67REMOVE EXISTING HMA DIKE. REPLACE WITH HMA DIKE, TYPE A,PER 2018 CALTRANS STANDARD PLAN A87B.9KEY MAPNTSMATCHLINE A -SEE SHEET 5MATCHLINE B -SEE SHEET 6Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B.DWG Plot Date: 3/1/2023 3:56 PMBORING LOGNO.ACABR-VALUEFABRIC (Y/N)C1 2-1/4" 7-1/2" 12 NC2 2-1/4" - - NC3 4" - - N*CORING DATA IS FOR INFORMATION ONLY. EXISTING SECTION MAYVARY FROM SECTION(S) FOUND AT CORING LOCATION(S). FABRICMAY BE PRESENT IN SECTIONS EVEN IF NOT FOUND AT CORINGLOCATION(S).BORING LOCATIONTYPE B1 KEYCUTTYPE A1 KEYCUTSURVEY MONUMENTSTORM DRAIN MANHOLE12" WHITE LIMIT LINE (THERMO)XXRPRUNE & REMOVE TREE ROOTSSANITARY SEWER MANHOLEWATER VALVEBLUE RETROREFLECTIVEPAVEMENT MARKERREMOVE & REPLACE CATCH BASINREMOVE & REPLACE CURB & GUTTERREMOVE & REPLACE HMA DIKE, TYPE A LEGENDREMOVE & REPLACE 4" HMAREMOVE & REPLACE CROSS GUTTERPage 345 of 390
DEER TRAIL CIRCLEREMOVE & REPLACE 4" HMA(~19'X12', TYP.)(~10'X20')C12(~28'X18')C13KEYCUT A1 (TYP.)TYPICAL SECTION NO. 1111111+0012+0013+0014+0015+0016+0017+00C37C38(~6'X13')REMOVE & REPLACE HMADIKE THROUGH DRAIN (TYP.)PAVEMENT TRANSITION (TYP.)EDGE DRAIN (SEE ENLARGEMENTON SHEET 13)6???EX. PIPES, 4-5" DIAMETER~10-18" TO TOP OF PIPESTYPICAL SECTION NO. 2TYPICAL SECTION NO. 1TYPICAL SECTION NO. 1TYPICAL SECTION NO. 299999EQUESTRIAN WAY DEER TRAIL CIRCLEARABIAN CIRCLE VISTA CIRCLEMUSTANG CIRCLEOAK LEAF CIRCLEACORN DRIVEHODGES ROADSTEVENSONNOYES ROADSCENIC CIRCLEJAMES WAYVISTA DRIVEDRIVEOLD OAK PARK ROADCLINTON COURTKEYCUT - TYPE A1LONGITUDINAL KEYCUTNTS6'KEYCUT - TYPE B1TRANSVERSE KEYCUTNTSEX. CURB& GUTTER1-3/4"REMOVE EX.PAVEMENTEX. PAVEMENT SURFACE15'EX. PAVEMENT ORCROSS GUTTER1-3/4"EX. PAVEMENT SURFACEREMOVE EX.PAVEMENTNTSREMOVE & REPLACE 4" HMAREMOVE 4"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 4" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.PLACE 2" HMA BASE COURSE& 2" HMA SURFACE COURSESEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELNTSTYPICAL SECTION NO. 2COLD PLANE 8"MIN. EX. SECTIONPLACE 3" HMA BASE COURSEPLACE 1-3/4" HMASURFACE COURSEPLACE 2-3/4" HMAINTERMEDIATE COURSE8"HMA DIKE, TYPE AEX. SURFACENOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. CONTRACTOR SHALL ONLY REMOVE WHAT CAN BE REPLACED UP TO THEBOTTOM OF SURFACE COURSE IN A SINGLE SHIFT.SEE NOTE 1PLACE 1/2"LEVELING COURSE20'PAVEMENT TRANSITIONNTSNEW PAVEMENT PERTYPICAL SECTIONNO. 2 DETAILS5-3/4"EX. PAVEMENTSURFACELEVELING COURSEPER TYPICALSECTION DETAILSREMOVE HMA & EX.BASE MATERIALSURFACE COURSE PERTYPICAL SECTION NO. 1DETAILSPLACE 5-3/4" HMA IN TWO LIFTS8"ALTERNATE PAVEMENT EDGENTSTYPICAL SECTION NO. 16'KEYCUT A16'KEYCUT A13"3"1-3/4"3/4"TAPER LEVELING COURSE OVER WIDTHOF KEYCUT TO 0" THICKNESS, 3" FROMGUTTER LIP & TRANSVERSE EDGE (TYP.).REMOVE & REPLACE4" HMA; SEE PLANFOR LOCATIONS.1-3/4" HMA SURFACECOURSE1/2" LEVELING COURSE6'KEYCUT A13"1-3/4"HMA DIKE,TYPE ALOWER UTILITY COVER PRIOR TO COLD PLANE & RESET TO FINISHGRADE AFTER PAVING.CONSTRUCTION NOTES:1REMOVE EXISTING CATCH BASIN. REPLACE WITH CATCH BASIN PERCOUNTY OF SAN LUIS OBISPO DEPARTMENT OF PUBLIC WORKSSTANDARD DRAWING NO. D-2, ISSUED AUGUST 2022.6REMOVE EXISTING HMA DIKE. REPLACE WITH HMA DIKE, TYPE A,PER 2018 CALTRANS STANDARD PLAN A87B.9KEY MAPNTSBORING LOCATIONTYPE A1 KEYCUTSURVEY MONUMENTREMOVE & REPLACE 4" HMAXXRPRUNE & REMOVE TREE ROOTSSANITARY SEWER MANHOLEWATER VALVESEWER CLEANOUT BLUE RETROREFLECTIVEPAVEMENT MARKERREMOVE & REPLACE CATCH BASINREMOVE & REPLACE HMA DIKE, TYPE A HMA DIKE THROUGH DRAINCOLD PLANE & REPLACEPAVEMENT TRANSITIONEDGE DRAINEDGE DRAIN END CLEANOUT4-INCH DIAMETER HDPE PIPEAPPROX. LOCATION OF EX. PIPE??REMOVE & REPLACEMATCHLINE A -SEE SHEET 4Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B.DWG Plot Date: 3/1/2023 3:57 PMBORING LOGNO.ACABR-VALUEFABRIC (Y/N)C123"--NC13 2-1/2" - - NC37 2-1/4"5"-NC38 1-3/4" 7-1/4" - N*CORING DATA IS FOR INFORMATION ONLY. EXISTING SECTION MAYVARY FROM SECTION(S) FOUND AT CORING LOCATION(S). FABRICMAY BE PRESENT IN SECTIONS EVEN IF NOT FOUND AT CORINGLOCATION(S).LEGENDPage 346 of 390
VISTA CIRCLEEQUESTRIAN WAY(~18'X10')REMOVE & REPLACE 4" HMA(~6'X6', TYP.)C15(~30'X6')C4C5C6C14VISTA DRIVEKEYCUT A1 (TYP.)KEYCUT B1TYPICAL SECTION NO. 1TYPICAL SECTION NO. 1111
11(~120 SF)3(~180 SF)34(~11 LF)2SEE SHEET 20 FOR CURBRAMP ENLARGEMENT4EQUESTRIAN WAY DEER TRAIL CIRCLEARABIAN CIRCLE VISTA CIRCLEMUSTANG CIRCLEOAK LEAF CIRCLEACORN DRIVEHODGES ROADSTEVENSONNOYES ROADSCENIC CIRCLEJAMES WAYVISTA DRIVEDRIVEOLD OAK PARK ROADCLINTON COURTNTSTYPICAL SECTION NO. 16'KEYCUT A16'KEYCUT A13"3"1-3/4"1-3/4"TAPER LEVELING COURSE OVER WIDTHOF KEYCUT TO 0" THICKNESS, 3" FROMGUTTER LIP & TRANSVERSE EDGE (TYP.).REMOVE & REPLACE4" HMA; SEE PLANFOR LOCATIONS.1-3/4" HMA SURFACECOURSE1/2" LEVELING COURSEKEYCUT - TYPE A1LONGITUDINAL KEYCUTNTS6'KEYCUT - TYPE B1TRANSVERSE KEYCUTNTSEX. CURB& GUTTER1-3/4"REMOVE EX.PAVEMENTEX. PAVEMENT SURFACE15'EX. PAVEMENT ORCROSS GUTTER1-3/4"EX. PAVEMENT SURFACEREMOVE EX.PAVEMENTNTSREMOVE & REPLACE 4" HMAREMOVE 4"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 4" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.PLACE 2" HMA BASE COURSE& 2" HMA SURFACE COURSESEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELLOWER UTILITY COVER PRIOR TO COLD PLANE & RESET TO FINISHGRADE AFTER PAVING.REMOVE EXISTING CURB & GUTTER. REPLACE WITH CURB &GUTTER PER CITY OF ARROYO GRANDE ENGINEERING STANDARDPLAN 4030, ISSUED MARCH 2016.REMOVE EXISTING SIDEWALK. REPLACE WITH SIDEWALK PER CITYOF ARROYO GRANDE ENGINEERING STANDARD PLAN 4110, ISSUEDMARCH 2016.REMOVE EXISTING SIDEWALK UNDERDRAIN. REPLACE WITHSIDEWALK UNDERDRAIN PER CITY OF ARROYO GRANDEENGINEERING STANDARD PLAN 3420, ISSUED MARCH 2016.CONSTRUCTION NOTES:1234LEGENDBORING LOCATIONTYPE A1 KEYCUTSURVEY MONUMENTSTORM DRAIN MANHOLEREMOVE & REPLACE 4" HMA12" WHITE LIMIT LINE (THERMO)XXRPRUNE & REMOVE TREE ROOTSSANITARY SEWER MANHOLEWATER VALVEMATCHLINE B -SEE SHEET 4MATCHLINE D -SEE SHEET 8MATCHLINE C -SEE SHEET 7Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B.DWG Plot Date: 3/1/2023 3:57 PMBORING LOGNO.ACABR-VALUEFABRIC (Y/N)C4 2-1/2" - - NC52"--NC6 1-1/2" 8" - NC142"--NC13 2-1/4" - - N*CORING DATA IS FOR INFORMATION ONLY. EXISTING SECTION MAYVARY FROM SECTION(S) FOUND AT CORING LOCATION(S). FABRICMAY BE PRESENT IN SECTIONS EVEN IF NOT FOUND AT CORINGLOCATION(S).TYPE B1 KEYCUTKEY MAPNTSBLUE RETROREFLECTIVEPAVEMENT MARKERREMOVE & REPLACE SIDEWALKREMOVE & REPLACESIDEWALK UNDERDRAINREMOVE & REPLACE CURB & GUTTERPage 347 of 390
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EQUESTRIAN WAYMUSTANG CIRCLEOAK LEAF CIRCLESCENIC CIRCLEC21C19C7C8C230X6)(~8'X36')(~6'X30')(~8'X36')(~12'X14')(~8'X32')C6C9C20C22C24KEYCUT A1 (TYP.)KEYCUT B1 (TYP.)TYPICAL SECTION NO. 1TYPICAL SECTION NO. 1TYPICAL SECTION NO. 1TYPICAL SECTION NO. 124(~36 LF)11111111(~180 SF)344SEE SHEET 18 FOR CURBRAMP ENLARGEMENTSEE SHEET 19 FOR CURBRAMP ENLARGEMENT(~36 LF)2(~20 LF)2(~20 LF)2(~10 LF)(~42 SF)329EQUESTRIAN WAY DEER TRAIL CIRCLEARABIAN CIRCLE VISTA CIRCLEMUSTANG CIRCLEOAK LEAF CIRCLEACORN DRIVEHODGES ROADSTEVENSONNOYES ROADSCENIC CIRCLEJAMES WAYVISTA DRIVEDRIVEOLD OAK PARK ROADCLINTON COURTNTSTYPICAL SECTION NO. 16'KEYCUT A16'KEYCUT A13"3"1-3/4"1-3/4"TAPER LEVELING COURSE OVER WIDTHOF KEYCUT TO 0" THICKNESS, 3" FROMGUTTER LIP & TRANSVERSE EDGE (TYP.).REMOVE & REPLACE4" HMA; SEE PLANFOR LOCATIONS.1-3/4" HMA SURFACECOURSE1/2" LEVELING COURSEKEYCUT - TYPE A1LONGITUDINAL KEYCUTNTS6'KEYCUT - TYPE B1TRANSVERSE KEYCUTNTSEX. CURB& GUTTER1-3/4"REMOVE EX.PAVEMENTEX. PAVEMENT SURFACE15'EX. PAVEMENT ORCROSS GUTTER1-3/4"EX. PAVEMENT SURFACEREMOVE EX.PAVEMENTNTSREMOVE & REPLACE 4" HMAREMOVE 4"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 4" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.PLACE 2" HMA BASE COURSE& 2" HMA SURFACE COURSESEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELLOWER UTILITY COVER PRIOR TO COLD PLANE & RESET TO FINISHGRADE AFTER PAVING.REMOVE EXISTING CURB & GUTTER. REPLACE WITH CURB &GUTTER PER CITY OF ARROYO GRANDE ENGINEERING STANDARDPLAN 4030, ISSUED MARCH 2016.REMOVE EXISTING SIDEWALK. REPLACE WITH SIDEWALK PER CITYOF ARROYO GRANDE ENGINEERING STANDARD PLAN 4110, ISSUEDMARCH 2016.REMOVE EXISTING SIDEWALK UNDERDRAIN. REPLACE WITHSIDEWALK UNDERDRAIN PER CITY OF ARROYO GRANDEENGINEERING STANDARD PLAN 3420, ISSUED MARCH 2016.CONSTRUCTION NOTES:1234LEGENDBORING LOCATIONWATER METERTYPE A1 KEYCUTSURVEY MONUMENTSTORM DRAIN MANHOLEREMOVE & REPLACE 4" HMA12" WHITE LIMIT LINE (THERMO)XXRPRUNE & REMOVE TREE ROOTSSANITARY SEWER MANHOLEWATER VALVEMATCHLINE D -SEE SHEET 6MATCHLINE E -SEE SHEET 9REMOVE & REPLACE 4" HMA(~6'X12', TYP.)SEWER CLEANOUTPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B.DWG Plot Date: 3/1/2023 3:57 PMREMOVE & REPLACE CURB & GUTTERBORING LOGNO.ACFABRIC (Y/N)C72"NC8 1-1/2" NC9 2-1/4" NC19 2-1/2" NC202"NC212"NC22 2-1/4" NC23 2-1/4" NC24 2-1/4" N*CORING DATA IS FOR INFORMATIONONLY. EXISTING SECTION MAY VARYFROM SECTION(S) FOUND AT CORINGLOCATION(S). FABRIC MAY BE PRESENTIN SECTIONS EVEN IF NOT FOUND ATCORING LOCATION(S).TYPE B1 KEYCUTKEY MAPNTSREMOVE & REPLACE SIDEWALKBLUE RETROREFLECTIVEPAVEMENT MARKERREMOVE & REPLACESIDEWALK & UNDERDRAINUNDERDRAIN COVERREMOVE & REPLACE SIDEWALKPage 349 of 390
ACORN DRIVEEQUESTRIAN WAYC25(~6'X14')REMOVE & REPLACE 4" HMA(~6'X8', TYP.)(~10'X28')(~8'X67')(~12'X38')(~6'X19')(~6'X12')(~8'X80')(~80 LF)C10C11C26C27KEYCUT A1 (TKEYCUT B1 (TYP.)KEYCUT A1 (TYP.)TYPICAL SECTION NO. 1TYPICAL SECTION NO. 11121111111(~60 SF),REINSTALL MAILBOX10SEE SHEET 16 FOR CURBRAMP ENLARGEMENTSEE SHEET 17 FOR CURBRAMP ENLARGEMENTEDGE DRAIN (SEE ENLARGEMENTON SHEET 14)KEYCUT93EQUESTRIAN WAY DEER TRAIL CIRCLEARABIAN CIRCLE VISTA CIRCLEMUSTANG CIRCLEOAK LEAF CIRCLEACORN DRIVEHODGES ROADSTEVENSONNOYES ROADSCENIC CIRCLEJAMES WAYVISTA DRIVEDRIVEOLD OAK PARK ROADCLINTON COURTNTSTYPICAL SECTION NO. 16'KEYCUT A16'KEYCUT A13"3"1-3/4"1-3/4"TAPER LEVELING COURSE OVER WIDTHOF KEYCUT TO 0" THICKNESS, 3" FROMGUTTER LIP & TRANSVERSE EDGE (TYP.).REMOVE & REPLACE4" HMA; SEE PLANFOR LOCATIONS.1-3/4" HMA SURFACECOURSE1/2" LEVELING COURSEKEYCUT - TYPE A1LONGITUDINAL KEYCUTNTS6'KEYCUT - TYPE B1TRANSVERSE KEYCUTNTSEX. CURB& GUTTER1-3/4"REMOVE EX.PAVEMENTEX. PAVEMENT SURFACE15'EX. PAVEMENT ORCROSS GUTTER1-3/4"EX. PAVEMENT SURFACEREMOVE EX.PAVEMENTNTSREMOVE & REPLACE 4" HMAREMOVE 4"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 4" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.PLACE 2" HMA BASE COURSE& 2" HMA SURFACE COURSESEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELLOWER UTILITY COVER PRIOR TO COLD PLANE & RESET TO FINISHGRADE AFTER PAVING.REMOVE EXISTING CURB & GUTTER. REPLACE WITH CURB &GUTTER PER CITY OF ARROYO GRANDE ENGINEERING STANDARDPLAN 4030, ISSUED MARCH 2016.REMOVE EXISTING SIDEWALK. REPLACE WITH SIDEWALK PER CITYOF ARROYO GRANDE ENGINEERING STANDARD PLAN 4110, ISSUEDMARCH 2016.CONSTRUCTION NOTES:123INSTALL MAILBOX PER CITY OF ARROYO GRANDE ENGINEERINGSTANDARD PLAN 9010, ISSUED MARCH 2016.10LEGENDBORING LOCATIONTYPE A1 KEYCUTSURVEY MONUMENTSTORM DRAIN MANHOLEREMOVE & REPLACE 4" HMA12" WHITE LIMIT LINE (THERMO)XXPRUNE & REMOVE TREE ROOTSSANITARY SEWER MANHOLEWATER VALVEMATCHLINE F -SEE SHEET 10MATCHLINE E -SEE SHEET 8SEWER CLEANOUT Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B.DWG Plot Date: 3/1/2023 3:57 PMREPLACE CURB & GUTTERBORING LOGNO.ACFABRIC (Y/N)C103"NC25 2-1/2" NC26 1-3/4" NC27 2" N*CORING DATA IS FOR INFORMATIONONLY. EXISTING SECTION MAY VARYFROM SECTION(S) FOUND AT CORINGLOCATION(S). FABRIC MAY BE PRESENTIN SECTIONS EVEN IF NOT FOUND ATCORING LOCATION(S).TYPE B1 KEYCUTKEY MAPNTSBLUE RETROREFLECTIVEPAVEMENT MARKERRREMOVE & REPLACE SIDEWALKEDGE DRAINEDGE DRAIN END CLEANOUTPage 350 of 390
HODGES ROADSTEVENSON DRIVEJAMES WAYEQU
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YC28C29C30 C31REMOVE & REPLACE 4" HMA(~6'X11', TYP.)JAMES WAY(~11'X6')(~8'X28')(~8'X20')(~6'X14')(~15'X18')(~8'X10')C11KEYCUT A1 (TYP.)KEYCUT B1 (TYP.)TYPICAL SECTION NO. 1111111C39C40PAVEMENT TRANSITION (TYP.)TYPICAL SECTION NO. 28KEYCUT B1 (TYP.)TYPICAL SECTION NO. 1TYPICAL SECTION NO. 1TYPICAL SECTION NO. 1950+0051+0052+0053+0054+0055+0056+0057+0058+0059+0060+0099999999999EQUESTRIAN WAY DEER TRAIL CIRCLEARABIAN CIRCLE VISTA CIRCLEMUSTANG CIRCLEOAK LEAF CIRCLEACORN DRIVEHODGES ROADSTEVENSONNOYES ROADSCENIC CIRCLEJAMES WAYVISTA DRIVEDRIVEOLD OAK PARK ROADCLINTON COURTKEYCUT - TYPE A1LONGITUDINAL KEYCUTNTS6'KEYCUT - TYPE B1TRANSVERSE KEYCUTNTSEX. CURB& GUTTER1-3/4"REMOVE EX.PAVEMENTEX. PAVEMENT SURFACE15'EX. PAVEMENT ORCROSS GUTTER1-3/4"EX. PAVEMENT SURFACEREMOVE EX.PAVEMENTNTSREMOVE & REPLACE 4" HMAREMOVE 4"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 4" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.PLACE 2" HMA BASE COURSE& 2" HMA SURFACE COURSESEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELNTSTYPICAL SECTION NO. 2COLD PLANE 8"MIN. EX. SECTIONPLACE 3" HMA BASE COURSEPLACE 1-3/4" HMASURFACE COURSEPLACE 2-3/4" HMAINTERMEDIATE COURSE8"HMA DIKE, TYPE AEX. SURFACENOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. CONTRACTOR SHALL ONLY REMOVE WHAT CAN BE REPLACED UP TO THEBOTTOM OF SURFACE COURSE IN A SINGLE SHIFT.SEE NOTE 1PLACE 1/2"LEVELING COURSE20'PAVEMENT TRANSITIONNTSNEW PAVEMENT PERTYPICAL SECTIONNO. 2 DETAILS5-3/4"EX. PAVEMENTSURFACELEVELING COURSEPER TYPICALSECTION DETAILSREMOVE HMA & EX.BASE MATERIALSURFACE COURSE PERTYPICAL SECTION NO. 1DETAILSPLACE 5-3/4" HMA IN TWO LIFTS8"ALTERNATE PAVEMENT EDGENTSTYPICAL SECTION NO. 16'KEYCUT A16'KEYCUT A13"3"1-3/4"3/4"TAPER LEVELING COURSE OVER WIDTHOF KEYCUT TO 0" THICKNESS, 3" FROMGUTTER LIP & TRANSVERSE EDGE (TYP.).REMOVE & REPLACE4" HMA; SEE PLANFOR LOCATIONS.1-3/4" HMA SURFACECOURSE1/2" LEVELING COURSE6'KEYCUT A13"1-3/4"HMA DIKE,TYPE ALOWER UTILITY COVER PRIOR TO COLD PLANE & RESET TO FINISHGRADE AFTER PAVING.CONSTRUCTION NOTES:1CONSTRUCT CROSS GUTTER PER CITY OF ARROYO GRANDEENGINEERING STANDARD PLAN 4310, ISSUED MARCH 2016.REMOVE EXISTING HMA DIKE. REPLACE WITH HMA DIKE, TYPE A,PER 2018 CALTRANS STANDARD PLAN A87B.89LEGENDTYPE B1 KEYCUTTYPE A1 KEYCUTREMOVE & REPLACE 4" HMAMATCHLINE F -SEE SHEET 9BORING LOCATIONSURVEY MONUMENTSTORM DRAIN MANHOLE12" WHITE LIMIT LINE (THERMO)XXRPRUNE & REMOVE TREE ROOTSSANITARY SEWER MANHOLEWATER VALVESEWER CLEANOUT Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B.DWG Plot Date: 3/1/2023 3:57 PMKEY MAPNTSBLUE RETROREFLECTIVEPAVEMENT MARKERBORING LOGNO.ACABR-VALUEFABRIC (Y/N)C11 2" - - NC28 1-3/4" - - NC29 2-1/2" - - NC303"--NC31 2" - - NC39 2-1/4" 7" - NC40 2" 7" - N*CORING DATA IS FOR INFORMATION ONLY. EXISTING SECTION MAYVARY FROM SECTION(S) FOUND AT CORING LOCATION(S). FABRICMAY BE PRESENT IN SECTIONS EVEN IF NOT FOUND AT CORINGLOCATION(S).INSTALL PCC CROSS GUTTERREMOVE & REPLACE HMA DIKE, TYPE A COLD PLANE & REPLACEPAVEMENT TRANSITIONPage 351 of 390
NTSTYPICAL SECTION NO. 16'KEYCUT A16'KEYCUT A13"3"1-3/4"1-3/4"TAPER LEVELING COURSE OVER WIDTHOF KEYCUT TO 0" THICKNESS, 3" FROMGUTTER LIP & TRANSVERSE EDGE (TYP.).REMOVE & REPLACE4" HMA; SEE PLANFOR LOCATIONS.1-3/4" HMA SURFACECOURSE1/2" LEVELING COURSENTSREMOVE & REPLACE 4" HMAREMOVE 4"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 4" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.PLACE 2" HMA BASE COURSE& 2" HMA SURFACE COURSESEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELTYPICAL SECTION NO. 1KEYCUT A1 (TYP.)KEYCUT B1REMOVE & REPALCE 4" HMA(~10'X10', TYP.)(~6'X26')(~6'X30')(~6'X26')C32C33111111SEE SHEET 22 FOR CURBRAMP ENLARGEMENTSEE SHEET 23 FOR CURBRAMP ENLARGEMENTTYPICAL SECTION NO. 1TYPICAL SECTION NO. 1KEYCUT B1 (TYP.)KEYCUT A1 (TYP.)C34C35C361111(~6'X18')SEE SHEET 24 FOR CURBRAMP ENLARGEMENTSEE SHEET 25 FOR CURBRAMP ENLARGEMENTKEYCUT - TYPE A1LONGITUDINAL KEYCUTNTS6'KEYCUT - TYPE B1TRANSVERSE KEYCUTNTSEX. CURB& GUTTER1-3/4"REMOVE EX.PAVEMENTEX. PAVEMENT SURFACE15'EX. PAVEMENT ORCROSS GUTTER1-3/4"EX. PAVEMENT SURFACEREMOVE EX.PAVEMENTRANCHO PARKWAYVIA BANDOLEROVIA VAQUEROAVENIDA DE DIAMANTEVIA BANDOLEROLEGENDTYPE B1 KEYCUTTYPE A1 KEYCUTREMOVE & REPLACE 4" HMABORING LOCATIONSURVEY MONUMENT12" WHITE LIMIT LINE (THERMO)XXSANITARY SEWER MANHOLEWATER VALVEGAS VALVEVIA VAQUEROPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - VIA VAQUERO.DWG Plot Date: 3/1/2023 3:57 PMBORING LOGNO.ACFABRIC (Y/N)C32 2" NC33 2" NC34 2-1/4" NC35 1-1/2" NC36 2" N*CORING DATA IS FOR INFORMATIONONLY. EXISTING SECTION MAY VARYFROM SECTION(S) FOUND AT CORINGLOCATION(S). FABRIC MAY BE PRESENTIN SECTIONS EVEN IF NOT FOUND ATCORING LOCATION(S).MATCHLINE - SEE BELOW LEFTMATCHLINE - SEE ABOVE RIGHTBLUE RETROREFLECTIVEPAVEMENT MARKERTYPICAL SECTION NO. 11Page 352 of 390
NTSTYPICAL SECTION NO. 33"CONSTRUCTION SEQUENCE:1. COLD PLANE 3" EXISTING SECTION.2. PLACE 3" HMA SURFACE COURSE.COLD PLANE 3"EXISTING SECTION3" HMA SURFACE COURSESHOULDER BACKINGPER DETAILSHOULDER BACKINGPER DETAILALTERNATE PAVEMENT EDGEEX. OR NEWPAVEMENT, GUTTERLIP OR SPANDRELLOWER UTILITY COVER PRIOR TO COLD PLANE & RESET TO FINISHGRADE AFTER PAVING.CONSTRUCTION NOTES:1CITY LIMITSCORRAL PLACEGULARTE ROADTYPICAL SECTION NO. 311PRINTZ ROADINSTALL SHOULDER BACKING (TYP.)1111111PROTECT EX.UTILITIES IN PLACEPROTECT EX.OVERSIDE DRAININ PLACEINSTALL SHOULDER BACKING AROUNDSANITARY SEWER MANHOLE (TYP.)CITY OF ARROYO GRANDE ROW (APPROXIMATE)CALTRANS ROW (APPROXIMATE)899NTSSHOULDER BACKING DETAILSEE SPECIFICATIONSFOR SHOULDERBACKING MATERIALEXIST. SURFACENEW ACOVERLAYPLACE SHOULDER BACKINGAFTER COMPLETION OF ACSURFACING4'-0"3'-0"2'-0"1'-0"3"-4"2"-3"1"-2"0"-1"HYDIMENSION SCHEDULE HYCONSTRUCT CROSS GUTTER PER CITY OF ARROYO GRANDEENGINEERING STANDARD PLAN 4310, ISSUED MARCH 2016.REMOVE EXISTING HMA DIKE. REPLACE WITH HMA DIKE, TYPE A,PER 2018 CALTRANS STANDARD PLAN A87B.89CORBETT CANYON ROADPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - VIA VAQUERO.DWG Plot Date: 3/1/2023 3:58 PMBLUE RETROREFLECTIVEPAVEMENT MARKERLEGENDSANITARY SEWER MANHOLECALTRANS STRIPING DETAIL "XX"12" WHITE LIMIT LINE (PAINT)COLD PLANE & REPLACEWATER VALVEINSTALL SHOULDER BACKINGTELECOM VAULTTELECOM BOXWATER METERINSTALL CROSS GUTTERREMOVE & REPLACE HMA DIKE, TYPE A Page 353 of 390
INSTALL EDGE DRAIN BEHINDHMA DIKE (~165 LF) INSTALL CLEANOUT ONUPHILL END OF EDGE DRAINPROTECT EX.MAILBOX IN PLACEINSTALL 4-INCH DIAMETER HDPE PIPE PER CITY OF ARROYOGRANDE ENGINEERING STANDARD PLANS 6020, ISSUED MARCH2016, FOR THE BEDDING, COVER & COMPACTION REQUIREMENTSBEFORE FULL DEPTH HMA TYPICAL SECTION (SEE TRENCHBACKFILL DETAIL)CONNECT 4-INCH DIAMETERHDPE PIPE TO EX. CATCH BASIN144 DEER TRAIL CIRCLECONNECT EDGE DRAIN & 4-INCHDIAMETER HDPE PIPESEE NOTE NO. 2SEE NOTE NO. 1NOTES:1) 12" MULTI-FLOW GEOCOMPOSITE DRAIN SYSTEM OR 12" ADS ADVANEDGE GEOCOMPOSITE DRAIN.2) CONTRACTOR SHALL USE NO. 10 TO NO. 50 SAND. COMPACT BY FLOODING AT SIDES OF DRAIN AND MECHANICALLY COMPACT TOP.18"4" MIN.TYPICAL EDGE DRAIN INSTALLATION (HMA DIKE)NTSPAVEMENTSECTIONHMA DIKE6"REGRADELANDSCAPINGTRIM PIPE FLUSH& GROUT SPACE1"- 3"EX. CATCH BASINEX. CURB& GUTTER12"-1472AA ADS TRANSITIONFITTING OR 12"-12003 MULTI-FLOW SIDE OUTLET FITTINGEDGE DRAIN CONNECTION TO INLETNTSEDGE DRAINPAVEMENTSECTION4" HDPE PIPEHMA DIKENEW HMA DIKECHRISTY G5 BOXW/CAST IRONTRAFFIC LIDCEMENT SAND SLURRY BACKFILL@ CLEANOUT & CONNECTING PIPE(2) 45° BENDSCAPEDGE DRAINSEE NOTENOTE:12"-1472AA ADS TRANSITION FITTING OR12"-12004 MULTI-FLOW END OUTLET FITTINGEND CLEANOUT NEXT TO HMA DIKENTSNTSTRENCH BACKFILL DETAILNOTES:1) SAND BEDDING & SHADING SHALL BE CLEAN SAND COMPACTED TO MIN. 95% RELATIVE COMPACTION.2) PIPE TO BE INSTALLED PRIOR TO REMOVE & REPLACE 8" HMA.3) TOP OF PIPE LIKELY TO BE W/IN ~6" OF BOTTOM OF REMOVE & REPLACE HMA SECTION.4) NUMBER 12 INSULATED TWH COPPER WIRE SHALL BE PLACED CONTINUOUSLY OVER PIPE.5) ADDITIONAL DETAIL FOUND ON CITY OF ARROYO GRANDE STANDARD PLAN 6020.SAND BEDDING6"MIN.6"MIN.8" HMA (TYPICAL SECTION NO. 2)SAND COVER6" MIN.8" MAX.6" MIN.8" MAX.4" HDPE PIPENUMBER 12 INSULATED THW COPPER WIREPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B.DWG Plot Date: 3/1/2023 3:58 PMLEGENDEDGE DRAINEDGE DRAIN END CLEANOUT4-INCH DIAMETER HDPE PIPE144 DEER TRAIL CIRCLEHMA DIKE, TYPE A FLFLOWLINEINVINVERTTGTOP OF GRATEDESIGN ELEVATIONMAILBOX (EX.)Page 354 of 390
12"MAX.3" MIN.SAWCUTEX. BASEROCK VARIESSEE NOTE NO. 2SEE NOTE NO. 1PLACE HMA TOMATCH EXISTINGSECTION, 6" MIN.NOTES:1) 12" MULTI-FLOW GEOCOMPOSITE DRAIN SYSTEM OR 12" ADS ADVANEDGE GEOCOMPOSITE DRAIN.2) CONTRACTOR SHALL USE NO. 10 TO NO. 50 SAND. COMPACT BY FLOODING AT SIDES OF DRAIN AND MECHANICALLY COMPACT TOP.18"4" MIN.TYPICAL EDGE DRAIN INSTALLATION (CURB & GUTTER)NTSEX. PAVEMENTTHICKNESS VARIESEX. CURB& GUTTERTRIM PIPE FLUSH& GROUT SPACE1"- 3"EX. CATCH BASINEX. CURB& GUTTER12"-1472AA ADS TRANSITIONFITTING OR 12"-12003 MULTI-FLOW SIDE OUTLET FITTING4" HDPE PIPEEDGE DRAIN CONNECTION TO CATCH BASINNTSPLACE HMA TOMATCH EXISTINGSECTION, 6" MIN.EDGE DRAINEX. CURB & GUTTERCHRISTY G5 BOXW/CAST IRONTRAFFIC LIDCEMENT SAND SLURRY BACKFILL@ CLEANOUT & CONNECTING PIPE(2) 45° BENDSCAPEDGE DRAINSEE NOTENOTE:12"-1472AA ADS TRANSITION FITTING OR12"-12004 MULTI-FLOW END OUTLET FITTINGEND CLEANOUT NEXT TO CURB & GUTTERNTSCONNECT EDGE DRAINTO EX. CATCH BASININSTALL EDGE DRAIN (~100 LF)INSTALL CLEANOUT ONUPHILL END OF EDGE DRAIN1008 ACORN DRIVE1006 ACORN DRIVEPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B.DWG Plot Date: 3/1/2023 3:58 PMLEGENDEDGE DRAINEDGE DRAIN END CLEANOUT1008 ACORN DRIVESTORM DRAIN MANHOLESANITARY SEWER MANHOLEWATER VALVESURVEY MONUMENTBLUE RETROREFLECTIVEPAVEMENT MARKERPage 355 of 390
ARABIAN
VISTAMUSTANGOAK LEAFACORN DRIVEHODGES ROADSTEVENSONSCENICJAMES WAYVISTA DRIVEDRIVECOURT(NORTH)ACORN DRIVE(SOUTH)CIRCLECIRCLECIRCLECIRCLECIRCLE CLINTONEQUESTRIAN WAYCP 05CP 06CP 07CP 08CP 09CP 10CP 12CP 11VIA VAQUEROVIA BANDOLEROAVENIDA DEDIAMANTEVIA VAQUEROVIA BANDOLEROCALLECARMANPARKWAYRANCHOCAMINOMERCADOCP 02CP 01CP 03CP 04Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - EQUESTRIANRAMPS.DWG Plot Date: 3/1/2023 3:58 PMPOINT #0506070809101112DESCRIPTIONCP SPIKECP SPIKECP SPIKECP SPIKECP SPIKECP SPIKECP SPIKECP SPIKENORTHING2246813.9260'2246682.2460'2246227.7090'2246097.9630'2245890.3850'2245547.4200'2245362.1000'2245337.3380'EASTING5786157.9490'5785754.6680'5785481.8320'5785297.0950'5784892.0490'5784403.0640'5784440.0900'5784588.3680'ELEVATION271.68'275.63'244.62'226.49'214.66'174.54'148.99'132.53'POINT #01020304DESCRIPTIONCP MAG TINCP MAG TIN TCCP CHISLD XCP CHISLD XNORTHING2243492.8420'2244094.3650'2242700.5010'2242768.4460'EASTING5787258.1100'5787066.2920'5786469.5950'5786170.3970'ELEVATION283.45'298.31'233.91'236.04'INTERSECTIONAVENIDA DE DIAMANTEVIA BANDOLERO (NORTH)VIA BANDOLERO (SOUTH)RANCHO PARKWAYINTERSECTIONVISTA DRIVE @ ARABIAN CIRCLEVISTA CIRCLESCENIC CIRCLE-OAK LEAF CIRCLEACORN DRIVE (NORTH)-ACORN DRIVE (SOUTH)VIA VAQUERO: CONTROL DATA SUMMARYVIA VAQUERO: CONTROL DATA MAP1"= 200'EQUESTRIAN WAY NEIGHBORHOOD: CONTROL DATA MAP1"= 200'EQUESTRIAN WAY NEIGHBORHOOD:CONTROL DATA SUMMARYCURB RAMP CONSTRUCTION: GENERAL NOTES1. PRIOR TO INSTALLATION OF NEW CURB RAMPS, CONTRACTOR SHALL COORDINATE WITHCITY REPRESENTATIVE FOR TRIMMING OR REMOVAL OF PRIVATE LANDSCAPE PLANTINGS.NO PLANT MATERIAL SHALL BE ALTERED OR OTHERWISE REMOVED WITHOUT PRIORAPPROVAL OF THE CITY.2. CURB RAMP DESIGNS ARE BASED ON THE PUBLIC RIGHTS OF WAY ACCESSIBILITYGUIDELINES (PROWAG) & CALTRANS 2018 STANDARD PLANS A88A & A88B. REFER TOSTANDARD PLANS A88A & A88B FOR ADDITIONAL DETAILS & INFORMATION.3. SLOPES SHOWN ON THESE PLANS ARE APPROXIMATE; SOME FIELD-ADJUSTMENT MAY BENECESSARY DURING LAYOUT & CONSTRUCTION.4. CONCRETE FACILITIES SHALL BE CONSTRUCTED PER THE MARCH 2016 EDITION OF THE CITYOF ARROYO GRANDE STANDARD PLANS, AS FOLLOWS:xCURB & GUTTER (STAND-ALONE) . . . . . . . . . . . . #4030xSIDEWALK, CURB & GUTTER . . . . . . . . . . . . . . . . #4110xCROSS-GUTTER & SPANDREL . . . . . . . . . . . . . . . #4310xCONCRETE CUTTING . . . . . . . . . . . . . . . . . . . . . . . #4910xASPHALT CONCRETE PAVEMENT REPAIR . . . . . #4915xMETAL SIGN POST . . . . . . . . . . . . . . . . . . . . . . . . . #7210xSIGN PLACEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . #72205. ALL SAWCUTTING THROUGH CONCRETE & ASPHALT PAVEMENT SHALL EXTEND FULL-DEPTHOF THE MATERIAL. SAWCUTS IN CONCRETE SHALL ALWAYS BE ON AN EXISTING JOINT LINEUNLESS OTHERWISE ALLOWED BY THE CITY'S REPRESENTATIVE PRIOR TO CUTTING. ANYCHIPPED, BROKEN OR OTHERWISE IRREGULAR CONCRETE OR ASPHALT PAVEMENT EDGESSHALL BE RE-SAWCUT AS DIRECTED BY THE CITY'S REPRESENTATIVE PRIOR TO REPLACINGCONCRETE OR HOT-MIX ASPHALT MATERIAL.6. NEW CONCRETE FACILITIES SHALL BE DOWELED & EPOXIED TO EX. CONCRETE USING 18" #4BARS SPACED @ 12" O.C. MAX. NEAREST DOWEL TO OUTERMOST FACE OF CONCRETE SHALLBE NO CLOSER THAN 3" UNLESS OTHERWISE DIRECTED BY CITY REPRESENTATIVE.7. PAINTED LINES & LEGENDS SHOWN IN ENLARGEMENTS REPRESENT EXISTING & MAYCHANGE AS DIRECTED BY CITY REPRESENTATIVE.8. LANDSCAPE RESTORATION SHALL CONSIST OF SALVAGING & REPLACING LANDSCAPINGMATERIALS BEHIND NEW CONCRETE CONSTRUCTION. THESE MATERIALS MAY INCLUDE BUTARE NOT LIMITED TO: BARK MULCH, DECORATIVE ROCK, COBBLE OR BOULDERS, CONCRETEPAVERS, BRICK, TURF, & DECORATIVE EDGING. CONTRACTOR SHALL DISTURB EX.LANDSCAPE MATERIALS TO THE MINIMUM AMOUNT POSSIBLE DURING DEMOLITION, LAYOUT& CONSTRUCTION OF RAMPS. WHERE MATERIALS MUST BE DISTURBED OR REMOVED,CONTRACTOR SHALL CAREFULLY SALVAGE & STORE ON-SITE SAID MATERIALS UNTIL CURBRAMP CONSTRUCTION IS APPROVED BY THE CITY'S REPRESENTATIVE, AFTER WHICHSALVAGED MATERIALS SHALL BE RESTORED TO THEIR ORIGINAL PLACEMENT & CONDITION.IF EXISTING MATERIALS CANNOT BE SALVAGED, CONTRACTOR SHALL PROCURE & INSTALLW/SAME MATERIALS.9. LANDSCAPE RESTORATION MAY ALSO INCLUDE REPAIR OR REPLACEMENT OF DAMAGEDIRRIGATION FACILITIES CAUSED BY THE CONTRACTOR'S EFFORTS. CONTRACTOR SHALLEXERCISE REASONABLE CAUTION DURING DEMOLITION & CONSTRUCTION TO AVOIDDAMAGING IRRIGATION DRIPLINES, LATERAL LINES, VALVES, POP-UP SPRINKLERS, ETC. ANYDAMAGED IRRIGATION FACILITIES SHALL BE REPAIRED OR RESTORED TO WORKING ORDERTO THE SATISFACTION OF THE CITY'S REPRESENTATIVE.10. ALL EXISTING FACILITIES ADJACENT TO ZONE OF CONSTRUCTION SHALL BE PROTECTED ATALL TIMES BY THE CONTRACTOR TO AVOID DAMAGE TO SAID FACILITIES. IF IT IS THECONTRACTOR'S OPINION THAT ITEM(S) CANNOT BE PROTECTED IN PLACE DURING THEWORK, CONTRACTOR SHALL NOTIFY THE CITY'S REPRESENTATIVE IN ADVANCE OF STARTINGTHE WORK. ANY ITEMS WHICH ARE TEMPORARILY RELOCATED TO AVOID DAMAGE SHALL BEREPLACED TO THEIR ORIGINAL LOCATION & CONDITION AT THE COMPLETION OF THE WORK.ANY FACILITIES WHICH ARE FOUND TO BE MISSING OR DAMAGED SHALL BE REPLACED ATTHE CONTRACTOR'S SOLE EXPENSE & TO THE SATISFACTION OF THE CITY'SREPRESENTATIVE.Page 356 of 390
EQUESTRIAN WAY5'ACORN DRIVE(SOUTH)6'6'15'~6'~6.8'15'15'15'5'~7.4'RELOCATE STOP SIGN OUTSIDEOF CURB RAMP AREARESET UTILITY COVERTO FINISH GRADE (TYP.)2'(SIDEWALK, CURB, GUTTER & SPANDRELS)INSTALL DETECTABLE WARNING SURFACELEGENDSWSIDEWALKPAVEMENT THICKNESS, WHICHEVER IS GREATERTCTOP OF CURBLANDSCAPE RESTORATIONDESIGN ELEVATION(S)FLFLOWLINELIGHT STANDARD (EX.)SURVEY NAIL OR MARKER (EX.)REMOVE & REPLACE/INSTALL PCC FACILITIESHMA CONFORM: R&R 6" OR MATCH EX. SIGN POST (EX.)WATER VALVE COVER (EX.)SANITARY SEWER MANHOLE (EX.)ELECTRICAL VAULT (EX.)FIRE HYDRANT (EX.)SIGN POST (RELOCATED)TELECOM VAULT (EX.)EPEDGE OF PAVEMENTNOTE:SEE SHEET 15 FOR CONTROL POINT DATA SUMMARY &CONSTRUCTION NOTES FOR CURB RAMPS.NTSREMOVE & REPLACE 6" HMAREMOVE 6"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 6" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.SEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELPLACE 3" HMA BASE COURSE& 3" HMA SURFACE COURSEPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - EQUESTRIANRAMPS.DWG Plot Date: 3/1/2023 3:58 PMPage 357 of 390
EQUESTRIAN WAYACORN DRIVE(NORTH)5.5'6'5'15'15'15'4'~5.6'~3.6'5'~2.5'RELOCATE STOP SIGN OUTSIDEOF CURB RAMP AREAEX. CMU WALL(PROTECT IN PLACE)2'2'10.3'~2.5'(SIDEWALK, CURB, GUTTER & SPANDRELS)INSTALL DETECTABLE WARNING SURFACELEGENDSWSIDEWALKPAVEMENT THICKNESS, WHICHEVER IS GREATERTCTOP OF CURBLANDSCAPE RESTORATIONDESIGN ELEVATION(S)FLFLOWLINELIGHT STANDARD (EX.)SURVEY NAIL OR MARKER (EX.)REMOVE & REPLACE/INSTALL PCC FACILITIESHMA CONFORM: R&R 6" OR MATCH EX. SIGN POST (EX.)WATER VALVE COVER (EX.)SANITARY SEWER MANHOLE (EX.)ELECTRICAL VAULT (EX.)FIRE HYDRANT (EX.)SIGN POST (RELOCATED)TELECOM VAULT (EX.)EPEDGE OF PAVEMENTNOTE:SEE SHEET 15 FOR CONTROL POINT DATA SUMMARY &CONSTRUCTION NOTES FOR CURB RAMPS.NTSREMOVE & REPLACE 6" HMAREMOVE 6"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 6" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.SEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELPLACE 3" HMA BASE COURSE& 3" HMA SURFACE COURSEPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - EQUESTRIANRAMPS.DWG Plot Date: 3/1/2023 3:58 PMPage 358 of 390
EQUESTRIAN WAYOAK LEAF CIRCLE6'6'15'5'15'4'~12.1'5'6'~10.4'~2.5'~2.4'2'2'(SIDEWALK, CURB, GUTTER & SPANDRELS)INSTALL DETECTABLE WARNING SURFACELEGENDSWSIDEWALKPAVEMENT THICKNESS, WHICHEVER IS GREATERTCTOP OF CURBLANDSCAPE RESTORATIONDESIGN ELEVATION(S)FLFLOWLINELIGHT STANDARD (EX.)SURVEY NAIL OR MARKER (EX.)REMOVE & REPLACE/INSTALL PCC FACILITIESHMA CONFORM: R&R 6" OR MATCH EX. SIGN POST (EX.)WATER VALVE COVER (EX.)SANITARY SEWER MANHOLE (EX.)ELECTRICAL VAULT (EX.)FIRE HYDRANT (EX.)SIGN POST (RELOCATED)TELECOM VAULT (EX.)EPEDGE OF PAVEMENTNOTE:SEE SHEET 15 FOR CONTROL POINT DATA SUMMARY &CONSTRUCTION NOTES FOR CURB RAMPS.NTSREMOVE & REPLACE 6" HMAREMOVE 6"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 6" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.SEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELPLACE 3" HMA BASE COURSE& 3" HMA SURFACE COURSEPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - EQUESTRIANRAMPS.DWG Plot Date: 3/1/2023 3:58 PMPage 359 of 390
EQUESTRIAN WAYSCENIC CIRCLE6'6'~7.1'5'~7.9'15'15'15'~10.9'
5'5'~10'~2.4'2'EX. SIGN POST(PROTECT IN PLACE)(SIDEWALK, CURB, GUTTER & SPANDRELS)INSTALL DETECTABLE WARNING SURFACELEGENDSWSIDEWALKPAVEMENT THICKNESS, WHICHEVER IS GREATERTCTOP OF CURBLANDSCAPE RESTORATIONDESIGN ELEVATION(S)FLFLOWLINELIGHT STANDARD (EX.)SURVEY NAIL OR MARKER (EX.)REMOVE & REPLACE/INSTALL PCC FACILITIESHMA CONFORM: R&R 6" OR MATCH EX. SIGN POST (EX.)WATER VALVE COVER (EX.)SANITARY SEWER MANHOLE (EX.)ELECTRICAL VAULT (EX.)FIRE HYDRANT (EX.)SIGN POST (RELOCATED)TELECOM VAULT (EX.)EPEDGE OF PAVEMENTNOTE:SEE SHEET 15 FOR CONTROL POINT DATA SUMMARY &CONSTRUCTION NOTES FOR CURB RAMPS.NTSREMOVE & REPLACE 6" HMAREMOVE 6"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 6" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.SEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELPLACE 3" HMA BASE COURSE& 3" HMA SURFACE COURSEPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - EQUESTRIANRAMPS.DWG Plot Date: 3/1/2023 3:59 PMPage 360 of 390
EQUESTRIAN WAYVISTA CIRCLE6'6'~5'15'15'5'4'~16.4'9.9'4'5'~5.8'2'~6.1'VISTA DRIVE~9.2'15'5'4'~7.8'6'2'(SIDEWALK, CURB, GUTTER & SPANDRELS)INSTALL DETECTABLE WARNING SURFACELEGENDSWSIDEWALKPAVEMENT THICKNESS, WHICHEVER IS GREATERTCTOP OF CURBLANDSCAPE RESTORATIONDESIGN ELEVATION(S)FLFLOWLINELIGHT STANDARD (EX.)SURVEY NAIL OR MARKER (EX.)REMOVE & REPLACE/INSTALL PCC FACILITIESHMA CONFORM: R&R 6" OR MATCH EX. SIGN POST (EX.)WATER VALVE COVER (EX.)SANITARY SEWER MANHOLE (EX.)ELECTRICAL VAULT (EX.)FIRE HYDRANT (EX.)SIGN POST (RELOCATED)TELECOM VAULT (EX.)EPEDGE OF PAVEMENTNOTE:SEE SHEET 15 FOR CONTROL POINT DATA SUMMARY &CONSTRUCTION NOTES FOR CURB RAMPS.NTSREMOVE & REPLACE 6" HMAREMOVE 6"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 6" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.SEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELPLACE 3" HMA BASE COURSE& 3" HMA SURFACE COURSEPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - EQUESTRIANRAMPS.DWG Plot Date: 3/1/2023 3:59 PMPage 361 of 390
VISTA DRIVEARABIAN CIRCLE5'10.3'~9.5'7'5'6'6'2'6.2'~6.0'15'5'2'EX. SIGN POST(PROTECT IN PLACE)(SIDEWALK, CURB, GUTTER & SPANDRELS)INSTALL DETECTABLE WARNING SURFACELEGENDSWSIDEWALKPAVEMENT THICKNESS, WHICHEVER IS GREATERTCTOP OF CURBLANDSCAPE RESTORATIONDESIGN ELEVATION(S)FLFLOWLINELIGHT STANDARD (EX.)SURVEY NAIL OR MARKER (EX.)REMOVE & REPLACE/INSTALL PCC FACILITIESHMA CONFORM: R&R 6" OR MATCH EX. SIGN POST (EX.)WATER VALVE COVER (EX.)SANITARY SEWER MANHOLE (EX.)ELECTRICAL VAULT (EX.)FIRE HYDRANT (EX.)SIGN POST (RELOCATED)TELECOM VAULT (EX.)EPEDGE OF PAVEMENTNOTE:SEE SHEET 15 FOR CONTROL POINT DATA SUMMARY &CONSTRUCTION NOTES FOR CURB RAMPS.NTSREMOVE & REPLACE 6" HMAREMOVE 6"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 6" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.SEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELPLACE 3" HMA BASE COURSE& 3" HMA SURFACE COURSEPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - EQUESTRIANRAMPS.DWG Plot Date: 3/1/2023 3:59 PMPage 362 of 390
RANCHO PARKWAYVIA VAQUERO6'~4.2'7'5'5'
~6.2'6'~6'5'5'7'~5.2'2'2'(SIDEWALK, CURB, GUTTER & SPANDRELS)INSTALL DETECTABLE WARNING SURFACELEGENDSWSIDEWALKPAVEMENT THICKNESS, WHICHEVER IS GREATERTCTOP OF CURBLANDSCAPE RESTORATIONDESIGN ELEVATION(S)FLFLOWLINELIGHT STANDARD (EX.)SURVEY NAIL OR MARKER (EX.)REMOVE & REPLACE/INSTALL PCC FACILITIESHMA CONFORM: R&R 6" OR MATCH EX. SIGN POST (EX.)WATER VALVE COVER (EX.)SANITARY SEWER MANHOLE (EX.)ELECTRICAL VAULT (EX.)FIRE HYDRANT (EX.)INSTALL ROOT BARRIERSIGN POST (RELOCATED)TELECOM VAULT (EX.)EPEDGE OF PAVEMENTNOTE:SEE SHEET 15 FOR CONTROL POINT DATA SUMMARY &CONSTRUCTION NOTES FOR CURB RAMPS.NTSREMOVE & REPLACE 6" HMAREMOVE 6"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 6" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.SEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELPLACE 3" HMA BASE COURSE& 3" HMA SURFACE COURSEPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - VAQUERORAMPS.DWG Plot Date: 3/1/2023 3:59 PMPage 363 of 390
VIA VAQUEROVIA BANDOLERO5'7'8.6'15'~5.8'~6'6'5'15'6'~10.4'~5.4'(SOUTH)EX. CMU WALL(PROTECT IN PLACE)EX. SIGN POST(PROTECT IN PLACE)(SIDEWALK, CURB, GUTTER & SPANDRELS)INSTALL DETECTABLE WARNING SURFACELEGENDSWSIDEWALKPAVEMENT THICKNESS, WHICHEVER IS GREATERTCTOP OF CURBLANDSCAPE RESTORATIONDESIGN ELEVATION(S)FLFLOWLINELIGHT STANDARD (EX.)SURVEY NAIL OR MARKER (EX.)REMOVE & REPLACE/INSTALL PCC FACILITIESHMA CONFORM: R&R 6" OR MATCH EX. SIGN POST (EX.)WATER VALVE COVER (EX.)SANITARY SEWER MANHOLE (EX.)ELECTRICAL VAULT (EX.)FIRE HYDRANT (EX.)INSTALL ROOT BARRIERSIGN POST (RELOCATED)TELECOM VAULT (EX.)EPEDGE OF PAVEMENTNOTE:SEE SHEET 15 FOR CONTROL POINT DATA SUMMARY &CONSTRUCTION NOTES FOR CURB RAMPS.NTSREMOVE & REPLACE 6" HMAREMOVE 6"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 6" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.SEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELPLACE 3" HMA BASE COURSE& 3" HMA SURFACE COURSEPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - VAQUERORAMPS.DWG Plot Date: 3/1/2023 3:59 PMPage 364 of 390
VIA VAQUERO6'5'5'5'~6'~6.8'
5.7'5'5'~6.8'7'~4.9'2'2'(SIDEWALK, CURB, GUTTER & SPANDRELS)INSTALL DETECTABLE WARNING SURFACELEGENDSWSIDEWALKPAVEMENT THICKNESS, WHICHEVER IS GREATERTCTOP OF CURBLANDSCAPE RESTORATIONDESIGN ELEVATION(S)FLFLOWLINELIGHT STANDARD (EX.)SURVEY NAIL OR MARKER (EX.)REMOVE & REPLACE/INSTALL PCC FACILITIESHMA CONFORM: R&R 6" OR MATCH EX. SIGN POST (EX.)WATER VALVE COVER (EX.)SANITARY SEWER MANHOLE (EX.)ELECTRICAL VAULT (EX.)FIRE HYDRANT (EX.)INSTALL ROOT BARRIERSIGN POST (RELOCATED)TELECOM VAULT (EX.)EPEDGE OF PAVEMENTNOTE:SEE SHEET 15 FOR CONTROL POINT DATA SUMMARY &CONSTRUCTION NOTES FOR CURB RAMPS.VIA VAQUERO6'6'~3.7'5'5'15'~5.4'15'
~5.5'5'~7.6'5'2'2'EX. SIGN POST & LIGHT STANDARD(PROTECT IN PLACE)NTSREMOVE & REPLACE 6" HMAREMOVE 6"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 6" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.SEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELPLACE 3" HMA BASE COURSE& 3" HMA SURFACE COURSEPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - VAQUERORAMPS.DWG Plot Date: 3/1/2023 3:59 PMAVENIDA DE DIAMANTEAVENIDA DE DIAMANTEPage 365 of 390
(SIDEWALK, CURB, GUTTER & SPANDRELS)INSTALL DETECTABLE WARNING SURFACELEGENDSWSIDEWALKPAVEMENT THICKNESS, WHICHEVER IS GREATERTCTOP OF CURBLANDSCAPE RESTORATIONDESIGN ELEVATION(S)FLFLOWLINELIGHT STANDARD (EX.)SURVEY NAIL OR MARKER (EX.)REMOVE & REPLACE/INSTALL PCC FACILITIESHMA CONFORM: R&R 6" OR MATCH EX. SIGN POST (EX.)WATER VALVE COVER (EX.)SANITARY SEWER MANHOLE (EX.)ELECTRICAL VAULT (EX.)FIRE HYDRANT (EX.)INSTALL ROOT BARRIERSIGN POST (RELOCATED)TELECOM VAULT (EX.)EPEDGE OF PAVEMENTNOTE:SEE SHEET 15 FOR CONTROL POINT DATA SUMMARY &CONSTRUCTION NOTES FOR CURB RAMPS.VIA VAQUEROVIA BANDOLERO6'6'~10.8'15'15'5'5'~1.8'~5.6'5'5'~11.4'(NORTH)2'2'NTSREMOVE & REPLACE 6" HMAREMOVE 6"PAVEMENTNOTES:1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTORDISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BERECOMPACTED TO 95% R.C.2. HMA MAY BE REPLACED IN A SINGLE 6" LIFT IF REPAIR IS LOCATEDUNDER AN OVERLAY.SEE NOTE 1TACK COAT ALL VERTICALEDGES PRIOR TO PAVINGEX. PAVEMENT, GUTTERLIP OR SPANDRELPLACE 3" HMA BASE COURSE& 3" HMA SURFACE COURSEPath: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - VAQUERORAMPS.DWG Plot Date: 3/1/2023 3:59 PMPage 366 of 390
Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - STANDARDS AND DETAILS.DWG Plot Date: 3/1/2023 3:59 PMPage 367 of 390
Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - STANDARDS AND DETAILS.DWG Plot Date: 3/1/2023 4:00 PMPage 368 of 390
Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - STANDARDS AND DETAILS.DWG Plot Date: 3/1/2023 4:00 PMPage 369 of 390
Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\ARROYO GRANDE, CITY OF\220325\TASK 01\DRAWINGS\REHAB\220325_AREA 3B - STANDARDS AND DETAILS.DWG Plot Date: 3/1/2023 4:00 PMPage 370 of 390
Pavement Engineering Inc.
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Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
ATTACHMENT 4
Page 371 of 390
NTS
REMOVE & REPLACE 4" HMA
REMOVE 4"
PAVEMENT
NOTES:
1.RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTOR
DISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BE
RECOMPACTED TO 95% R.C.
2.HMA MAY BE REPLACED IN A SINGLE 4" LIFT IF REPAIR IS LOCATED
UNDER AN OVERLAY.
PLACE 2" HMA BASE COURSE
& 2" HMA SURFACE COURSE
SEE NOTE 1
TACK COAT ALL VERTICAL
EDGES PRIOR TO PAVING
EX, PAVEMENT, GUTTER
LIP OR SPANDREL
Pavement Engineering Inc.
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Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
Page 372 of 390
SOUTH COURTLAND STREETEAST GRAND AVENUE
STRAWBERRY AVENUE
BLACKBERRY AVENUE
REMOVE & REPLACE 4" HMA
(~21'X23', TYP.)
(~24'X17')
(~6'X34')
(~6'X6')
(~6'X10')
(~6'X18')
(~8'X20')
(~6'X25')
(~6'X9')
(~6'X23')
(~6'X15')
(~6'X9')
R
R
R
R
R
PROTECT EX. PCC
PAVEMENT IN PLACE
L
CRANBERRY STREET(~6'X48')
LEGEND
R PRUNE & REMOVE TREE ROOTS
MATCHLINE - SEE SHEET 4
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)
L LOWER UTILITY PRIOR TO COLD PLANE
WATER VALVE
Pavement Engineering Inc.
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Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265 BOYSENBERRY STREETPage 373 of 390
LOGANBERRY AVENUE
HUCKLEBERRY AVENUE
SEABRIGHT AVENUE
BLUEBERRY AVENUE
ASH STREET
CEDAR STREET
RASPBERRY AVENUE
REMOVE & REPLACE 4" HMA
(~6'X16', TYP.)
(~6'X11')
(~6'X13')
(~6'X12')
(~8'X30')
(~10'X10')
R
R
R
R
R
(~17')
(~8')
(~8')
(~8')
(~17', TYP.)SOUTH COURTLAND STREETPROTECT EX. PCC
PAVEMENT IN PLACE
PROTECT EX. PCC
PAVEMENT IN PLACE
PROTECT EX. PCC
PAVEMENT IN PLACE
PROTECT EX. PCC
PAVEMENT IN PLACE
(~12'X6')R
R
(~6'X12')
(~6'X20')CRANBERRY STREETBOYSENBERRY STREETSOUTH OAK BLVDLEGEND MATCHLINE - SEE SHEET 5MATCHLINE A - SEE BELOWMATCHLINE - SEE SHEET 3
COLD PLANE LIP OF PAVEMENT FLUSH W/ PCC EDGEMATCHLINE A - SEE ABOVER PRUNE & REMOVE TREE ROOTS
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
(~6'X8')
CP
CP
CP
CP
CP
CP
Page 374 of 390
(~6'X15')
CEDAR STREET
SPRUCE STREETASPEN STREETSPRUCE STREETASPEN STREETSAGE STREET
(~42'X6')
(~40'X6')(~8'X15')(~6'X33')
(~6'X27')(~6'X15')
LEGEND
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265MATCHLINE B - SEE SHEET 4Page 375 of 390
STONECREST DRIVEEL CAMINO REALROBLES ROADHILLCREST DRIVEEL CAMINO REALOAK PARK BLVD
EL CAMINO REALMATCHLINE A - SEE BELOW LEFT
MATCHLINE B - SEE BELOW LEFT
MAT
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B
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MATCHLINE B - SEE ABOVE RIGHT
MATCHLINE C - SEE SHEET 7
REMOVE & REPLACE 4" HMA
(~12'X21', TYP.)
(~6'X10)
(~6'X28')
(~6'X6')
(~12'X7')
(~6'X49')
(~6'X6')
(~6'X17')
(~6'X36')
(~6'X28')
(~6'X50')
LEGEND
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
(~6'X36')
(~6'X37')
Page 376 of 390
CORNWALL AVENUEEAST GRAND AVENUEEL CAMINO REALEL CAMINO REALEL CAMINO REALBRISCO ROADEL CAMINO REALFAEH AVENUEEL CAMINO REALN HALCYON ROADBENNETT AVENUECOR
N
W
ALL
A
V
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U
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MATCHLINE D - SEE BELOW LEFT MATCHLINE E - SEE BELOW LEFT
MATCHLINE E - SEE ABOVE RIGHT MA
TCH
L
IN
E
F
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B
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LOW
MATCHLINE F - SEE ABOVE
REMOVE & REPLACE 4" HMA
(~6'X10', TYP.)
(~6'X20')
(~6'X6')
(~6'X30')(~6'X16')
(~12'X178')(~8'X25')
(~12'X50')
(~6'X60')
(~6'X110')
(~6'X152')
(~6'X100')
(~6'X56')
(~6'X14')(~6'X20')
(~12'X85')
(~8'X48')
(~6'X56')
(~12'X22')
(~6'X38')
(~6'X200')
MATCHLI
N
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D
-
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MATCHLINE C - SEE SHEET 6
LEGEND
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
L LOWER UTILITY PRIOR TO COLD PLANE
WATER VALVE
R PRUNE & REMOVE TREE ROOTS
R
(~6'X30')
(~6'X116')
(~6'X9')
(~6'X10')
(~6'X27')
(~6'X46')
(~6'X24')
(~6'X30')
(~6'X30')
(~8'X20')
(~6'X30')
(~8'X46')
(~6'X30')
(~12'X85')
(~8'X25')
(~10'X20')
(~6'X16')
(~6'X35')
(~6'X13')
(~6'X10')
(~6'X100')
L
LOOP DETECTOR COVER
L
PROTECT EXISTING FACILITIES
DURING CONSTRUCTION
REMOVE AND REPLACE (2)
TYPE C LOOP DETECTORS (60')
REMOVE AND REPLACE (2)
TYPE C LOOP DETECTORS (60')
REMOVE AND REPLACE (4)
TYPE C LOOP DETECTORS (60')
(~6'X6')EL CAMINO REALPage 377 of 390
LOS C
IERVOS
COURT
PUESTA DE
L
S
O
L
VISTA
D
RI
V
E
CASTILL
O
C
O
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LA C
A
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A
D
A
PARAISO C
O
U
R
T
AS
I
LO
(~13'X47')LOS C
IERVOS
COURT
(~14'X14')
(~6'X14')
REMOVE & REPLACE 4" HMA
(~15'X20', TYP.)
(~6'X60')
ASIL
O
LA C
A
N
A
D
A
LA CANADA
(~8'X25')
PROTECT EX. PCC
PAVEMENT IN PLACE
LEGEND
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
Page 378 of 390
S
O
M
B
R
I
L
L
O
R
O
S
E
M
A
R
Y
L
A
N
E
SALIDA DEL SOLJAM
E
S
W
A
Y
LEGEND
PROTECT EX. PCC
PAVEMENT IN PLACE
CRACK SEAL & SLURRY SEAL (TYPE II)
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
Page 379 of 390
VIL
L
A
G
E
G
L
E
N
D
R
I
V
E
JA
M
E
S
W
A
Y
QUAI
L
RI
D
G
E
C
O
U
R
T HIDDEN OAK ROADJ
A
M
E
S
W
A
Y
L LOWER UTILITY PRIOR TO COLD PLANE
WATER VALVE
REMOVE & REPLACE 4" HMA
(~6'X6', TYP.)
R
L
(~6'X6')
LEGEND
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)
R PRUNE & REMOVE TREE ROOTS
Pavement Engineering Inc.
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Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
Page 380 of 390
RIDGEV
IEW
WAY
REMOVE & REPLACE 4" HMA
(~8'X18', TYP.)
TALL
Y
H
O
R
O
A
DWHITE COURT(~10'X40')
(~6'X20')
(~12'X44')
(~15'X30')
R
R
LEGEND
R PRUNE & REMOVE TREE ROOTS
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)
L LOWER UTILITY PRIOR TO COLD PLANE
SANITARY SEWER MANHOLESS
SS
L
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
(~6'X10')
(~6'X100')
Page 381 of 390
PEARWOOD AVENUE
HUASN
A
R
O
A
D
REMOVE & REPLACE 4" HMA
(~6'X13', TYP.)
R
LEGEND
R PRUNE & REMOVE TREE ROOTS
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)
(~46'X13')
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
PRIVA
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Page 382 of 390
GRE
ENWOOD
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ANN
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CO
ACH
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BRANCH MILL ROADFLORA ROADREMOVE & REPLACE 4" HMA
(~6'X6')
R
LEGEND
R PRUNE & REMOVE TREE ROOTS
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
Page 383 of 390
LEISURE
DR
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MEADOW W
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Q
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S
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R
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W
A
YJAMES WAY
(~6'X18')
(~6'X23')
(~12'X30')
(~6'X6')
(~6'X35')
(~10'X6')
(~6'X56')
(~6'X75')
(~6'X70')
(~6'X35')
(~6'X122')
(~6'X15')
(~13'X6')
(~6'X100')
(~6'X70')
(~10'X17')
(~6'X26')
(~6'X15')
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OAK P
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BOUL
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LEGEND
R PRUNE & REMOVE TREE ROOTS
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)
R
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
L LOWER UTILITY PRIOR TO COLD PLANE
LOOP DETECTOR COVER
REMOVE & REPLACE 4" HMA
(~24'X6', TYP.)
L
(~10'X20')
(~12'X6')
(~6'X15')
REMOVE & REPLACE (2)
TYPE C LOOP DETECTORS (60')
(~12'X6')
Page 384 of 390
EL CAMINO REALBRANCH STREETEAST GRAND AVENUEREMOVE & REPLACE 4" HMA
(~6'X141', TYP.)
(~6'X185')
(~12'X12')US 101SOUTHBOUNDOFF-RAMPUS 101SOUTHBOUNDON-RAMPUS 101NORTHBOUNDON-RAMPUS 101NORTHBOUNDOFF-RAMPUS 101
(~6'X30')
(~6'X30')
(~12'X152')
(~6'X72')
(~6'X24')
(~6'X20')
(~6'X10')BRANCH STREETWESLEY AVENUENEVADA STREETBRIDGE STREETTRAFFIC WAY(~10'X40')
(~6'X15')
(~6'X100')
(~6'X87')
(~6'X6')
(~6'X10')WEST BRANCH STREETEAST BRANCH STREETN. MASON STREETSHORT STREETSOUTH MASON STREETEAST BRANCH STREETMATCHLIN
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MATCHLINE B -
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MATCHLIN
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(~6'X21')
LEGEND
MATCHLINE B -
S
E
E
B
E
L
O
W
L
E
F
T
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)
L LOWER UTILITY PRIOR TO COLD PLANE
L
LOOP DETECTOR COVER
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
PROTECT IN PLACE EXISTING
IN-ROAD CROSSWALK LIGHTS
REMOVE AND REPLACE (2)
TYPE C LOOP DETECTOR (40')
REMOVE AND REPLACE (2)
TYPE A LOOP DETECTOR
RIGHT OF WAY
PROTECT IN PLACE
EXISTING IN-ROAD
CROSSWALK LIGHTS
Page 385 of 390
FAIR
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WES
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Y
A
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N
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ORCHARD STREET
REMOVE & REPLACE 4" HMA
(~6'X30', TYP.)
MATCHLINE - SEE SHEET 17
(~6'X30')
(~15'X16')
LEGEND
REMOVE & REPLACE 4" HMA
CRACK SEAL & SLURRY SEAL (TYPE II)PILGRIM WAYCALIFORN
IA
STREET
A
R
R
O
Y
O
A
V
E
N
U
E
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
(~13'X6')
Page 386 of 390
CASTILLO
DEL
MAR
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16
SOUT
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SOU
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FIRE
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NOR
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VI
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FIRE
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SOU
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BELM
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NOR
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BELM
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D
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L
M
A
R
P
L
A
C
E
LEGEND
CRACK SEAL & SLURRY SEAL (TYPE II)
PROTECT EX. PCC
PAVEMENT IN PLACE
Pavement Engineering Inc.
You can ride on our reputation
Corporate Office: 3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265
Page 387 of 390
CITY OF ARROYO GRANDE
PAVEMENT REHABILITATION PROJECT
ENGINEER'S ESTIMATE - PROJECT ESTIMATE SUMMARY SHEET
ITEM
NO.ITEM DESCRIPTION PAYMENT
REFERENCE U/M APPROX.
QTY UNIT PRICE EXTENDED
TOTAL
1 Mobilization, Bonds & Insurance LS 1 $133,271.99 $133,271.99
2 Notification of Residents, Businesses & Agencies LS 1 $5,611.45 $5,611.45
3 Traffic Control LS 1 $126,257.67 $126,257.67
4 Storm Water Pollution Control Program LS 1 $21,042.95 $21,042.95
5 Crack Fill & Slurry Seal (Type II)TN 1,975 $450.00 $888,750.00
6 Remove & Replace 4" HMA SF 46,036 $5.00 $230,180.00
7 6" Deep Lift Stabilization (Allowance)SF 4,604 $8.00 $36,832.00
8 Cold Plane Lip Fush with PCC Edge LF 58 $4.00 $232.00
9 Prune & Remove Tree Roots Under Repairs SF 2,321 $8.00 $18,568.00
10 Remove & Replace Type A Loop Detector EA 2 $1,500.00 $3,000.00
11 Remove & Replace Type C Loop Detector 40'EA 2 $2,000.00 $4,000.00
12 Remove & Replace Type C Loop Detector 60'EA 12 $2,500.00 $30,000.00
13 Lower & Adjust Water Valve EA 8 $1,000.00 $8,000.00
14 Lower & Adjust Loop Detector Cover EA 6 $1,000.00 $6,000.00
15 Lower & Adjust Manhole Cover EA 1 $1,000.00 $1,000.00
16 Install Blue RPM's @ Fire Hydrant EA 145 $25.00 $3,625.00
17 12" White Crosswalk / Limit Line (Thermo)LF 2,975 $4.00 $11,900.00
18 12" Yellow Crosswalk / Limit Line (Thermo)LF 408 $4.00 $1,632.00
19 4" White Line (Thermo)LF 2,266 $4.00 $9,064.00
20 4" Blue Line (Thermo)LF 360 $5.00 $1,800.00
21 24" White Crosswalk / Limit Line (Thermo)LF 690 $8.00 $5,520.00
22 24" Yellow Crosswalk / Limit Line (Thermo)LF 260 $8.00 $2,080.00
23 Striping Detail # 9 (Thermo & Markers)LF 2,514 $2.00 $5,028.00
24 Striping Detail # 22 (Thermo & Markers)LF 10,083 $2.00 $20,166.00
25 Striping Detail # 29 (Thermo & Markers)LF 140 $2.00 $280.00
26 Striping Detail # 32 (Thermo & Markers)LF 3,736 $2.00 $7,472.00
27 Striping Detail # 38 (Thermo & Markers)LF 1,731 $2.00 $3,462.00
28 Striping Detail # 38A (Thermo & Markers)LF 1,072 $2.00 $2,144.00
29 Striping Detail # 39 (Thermo)LF 18,428 $2.00 $36,856.00
30 Striping Detail # 39A (Thermo)LF 1,960 $2.00 $3,920.00
31 Striping Detail # 40 (Thermo)LF 70 $2.00 $140.00
32 Striping Detail # 41 (Thermo)LF 56 $2.00 $112.00
33 Install "Bike Person & Arrow" Legend (Thermo)EA 28 $200.00 $5,600.00
34 Install Shared Road Bicycle Marking (Thermo)EA 5 $150.00 $750.00
35 Install "40" Legend (Thermo)EA 4 $75.00 $300.00
36 Install "35" Legend (Thermo)EA 2 $75.00 $150.00
37 Install "30" Legend (Thermo)EA 2 $75.00 $150.00
38 Install "25" Legend (Thermo)EA 9 $75.00 $675.00
39 Install Arrow Type I (L/R) (Thermo)EA 8 $100.00 $800.00
40 Install Arrow Type IV (L/R) (Thermo)EA 43 $100.00 $4,300.00
41 Install Arrow Type VII (L/R) (Thermo)EA 6 $100.00 $600.00
42 Install Accessible Parking Symbol (Thermo)EA 5 $200.00 $1,000.00
43 Install "NO PARKING" Legend (Thermo)EA 3 $100.00 $300.00
42 Install "STOP" Legend (Thermo)EA 64 $200.00 $12,800.00
43 Install "SIGNAL" Legend (Thermo)EA 1 $200.00 $200.00
44 Install "AHEAD" Legend (Thermo)EA 1 $200.00 $200.00
45 Install "WEST" Legend (Thermo)EA 1 $200.00 $200.00
ATTACHMENT 5
Page 388 of 390
CITY OF ARROYO GRANDE
PAVEMENT REHABILITATION PROJECT
ENGINEER'S ESTIMATE - PROJECT ESTIMATE SUMMARY SHEET
ITEM
NO.ITEM DESCRIPTION PAYMENT
REFERENCE U/M APPROX.
QTY UNIT PRICE EXTENDED
TOTAL
46 Install "BRANCH" Legend (Thermo)EA 1 $300.00 $300.00
47 Install "NB" Legend (Thermo)EA 1 $150.00 $150.00
48 Install "US" Legend (Thermo)EA 1 $150.00 $150.00
49 Install "101" Legend (Thermo)EA 1 $150.00 $150.00
50 Install "NO" Legend (Thermo)EA 2 $150.00 $300.00
51 Install "RIGHT" Legend (Thermo)EA 2 $200.00 $400.00
52 Install "TURN" Legend (Thermo)EA 2 $200.00 $400.00
53 Install "KEEP" Legend (Thermo)EA 4 $200.00 $800.00
54 Install "CLEAR" Legend (Thermo)EA 4 $200.00 $800.00
55 Install "SCHOOL" Legend (Thermo)EA 1 $300.00 $300.00
56 Repaint Red Curb Paint LF 9,409 $3.00 $28,227.00
57 Repaint Green Curb Paint LF 239 $3.00 $717.00
58 Repaint Yellow Curb Paint LF 127 $3.00 $381.00
$1,689,047.05Estimated Construction Cost:
Page 389 of 390
Notice of Exemption Appendix E
To: Office of Planning and Research From: City of Arroyo Grande
P. O. Box 3044, Room 113 300 East Branch Street
Sacramento, CA 95812-3044 Arroyo Grande, CA 93420
(805) 473-5400
County Clerk
County of: San Luis Obispo
1055 Monterey Street
San Luis Obispo, CA 93408
Project Title and Number:
Project Applicant:
Name ĚĚƌĞƐƐ
Wroject Location – Specific:
Project Location – City: Arroyo Grande Project Location – County: San Luis Obispo
Name of Public Agency Approving Project:
Name of Person or Agency Carrying Out Project:
Exempt Status:
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption, State type and section number:
Statutory Exemptions. State code number:
Reasons why project is exempt:
Lead Agency
Contact Person: Area Code/Telephone/Extension:
Email:
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Signature: Date: Title:
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
ĞƐĐƌŝƉƚŝŽŶŽĨEĂƚƵƌĞ͕WƵƌƉŽƐĞĂŶĚĞŶĞĨŝĐŝĂƌŝĞƐŽĨWƌŽũĞĐƚ͗
ŵĂŝů͗WŚŽŶĞ͗
ĚĚƌĞƐƐ͗
2022 Street Repairs, PW 2022-05
Steve Kahn, City Engineer 300 East Branch Street, Arroyo Grande, CA 93420
skahn@arroyogrande.org (805) 473-5441
Roads in Arroyo Grande
1) Remove and replace Hot Mix Asphalt (HMA) pavement, striping, traffic control, and related items of work.
2) Slurry Seal
3) Dig Outs
City of Arroyo Grande
Patrick
✔15301(c)
Section 15301(c) of the CEQA guidelines indicates that repair and maintenance of existing public streets,
sidewalks, gutters, and similar facilities are exempt from CEQA review.
Andrew Perez, Associate Planner (805) 473-5425
aperez@arroyogrande.org
300 East Branch Street, Arroyo Grande, CA 93420
✔
04/11/2023
✔
ATTACHMENT 6
Page 390 of 390