CC 2023-04-25 Agenda PackageCITY COUNCIL MEETING
AGENDA SUMMARY
Tuesday, April 25, 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
5.AGENDA REVIEW
5.a Closed Session Announcements
None.
5.b Ordinances read in title only
None.
6.SPECIAL PRESENTATIONS
6.a Honorary Proclamation Declaring May as National Foster Care Month
6.b Honorary Proclamation Recognizing May 7-13, 2023 as National Travel and Tourism Week
6.c Honorary Proclamation Declaring May 7-13, 2023 as Public Service Recognition Week
6.d City Manager Communications
(McDONALD)
Recommended Action:
Receive correspondence/comments as presented by the City Manager and Provide
direction, as necessary.
7.CITY COUNCIL REPORTS
7.a MAYOR RAY RUSSOM:
California Joint Powers Insurance Authority (CJPIA)1.
Central Cost Blue Regional Recycled Water Authority Board2.
San Luis Obispo County Mayor's Meeting3.
South San Luis Obispo County Sanitation District (SSLOCSD)4.
Other5.
7.b MAYOR PRO TEM BARNEICH:
Audit Committee1.
Homeless Services Oversight Council (HSOC)2.
Zone 3 Water Advisory Board3.
Other4.
7.c COUNCIL MEMBER GEORGE:
Five Cities Fire Authority1.
Tourism Business Improvement District Advisory Board2.
Visit SLO CAL Advisory Board3.
Other4.
7.d COUNCIL MEMBER GUTHRIE:
County Water Resources Advisory Committee (WRAC)1.
Council of Governments/Regional Transit Authority/ South County Transit
(SLOCOG/SLORTA/SCT)
2.
Integrated Waste Management Authority Board (IWMA)3.
REACH Economic Development Roundtable4.
Other5.
7.e COUNCIL MEMBER SECREST:
Air Pollution Control District (APCD)1.
South County Chambers of Commerce Arroyo Grande Business Meeting2.
South County Chambers of Commerce Governmental Affairs Committee3.
Other 4.
8.COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present issues,
thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to
those matters that are within the jurisdiction of the City Council. Members of the public may provide
public comment in-person or remotely by joining the Zoom meeting utilizing one of the methods
provided below. Please use the “raise hand” feature to indicate your desire to provide public
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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 16 through
March 31, 2023. 2) Determine that ratifying the cash disbursements is not a project subject
to the California Environmental Quality Act (“CEQA”) because it has no potential to result in
either a direct, or reasonably foreseeable indirect, physical change in the environment.
(State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
9.b Approval of Minutes
(MATSON)
Recommended Action:
Approve the minutes of the Regular City Council Meetings of March 28, 2023 and April 11,
2023, as submitted.
9.c 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
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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.d Acceptance of Oak Park Boulevard Drainage Repairs Project PW 2020-04
(ROBESON)
Recommended Action:
1) Accept the project improvements as constructed by Raminha Construction, Inc. in
accordance with the plans and specifications for the Oak Park Boulevard Drainage Repairs
Project, PW 2020-04; 2) Direct staff to file a Notice of Completion; and 3) Authorize release
of retention, thirty-five (35) days after the Notice of Completion has been recorded if no
liens have been filed.
9.e Consideration of Approval of an Agreement for Traffic Signal Maintenance with Lee Wilson
Electric Company
(ROBESON)
Recommended Action:
1) Approve a 2-year agreement with Lee Wilson Electric Company for traffic signal
maintenance with the option of two (2) 2-year extensions; and 2) Determine that approving
an agreement for traffic signal maintenance is categorically exempt from the California
Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the
repair, maintenance, or minor alteration of existing structures, facilities, mechanical
equipment, or topographical features, among others, where the project involves negligible
or no expansion of existing or former use(State CEQA Guidelines, § 15301), and further
finds that none of the exceptions set forth in State CEQA Guidelines section 15300.2 apply.
9.f Consideration of a Purchase Order for (1) New Air Compressor; and Declaration of PW-243
- 1989 Air Compressor as Surplus
(ROBESON)
Recommended Action:
1) Approve a purchase order for the purchase of a new air compressor and find that the
Purchase Order for the specific equipment is unique because of its quality, durability,
availability and fitness for the contemplated use; 2) Declare PW-243 - 1989 Air Compressor
as surplus; 3) Determine that approving a purchase order for a new air compressor 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.g Monthly Water Supply and Demand Update
(ROBESON)
Recommended Action:
Receive and file the Monthly Water Supply and Demand Update.
10.PUBLIC HEARINGS
None.
11.OLD BUSINESS
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11.a Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a Potential
Contract for Fire and Emergency Response Services with the OCSD, and Receive and
File the FCFA Final Organizational Assessment Report completed by Baker Tilly
(McDONALD)
Recommended Action:
1) Consider and provide direction regarding the draft Amended and Restated Joint Powers
Agreement for the Five Cities Fire Authority; 2) Discuss and provide direction regarding
preferred terms for a potential contract for service between the FCFA and the OCSD for
future fire and emergency response service past June 30, 2023; and 3) Receive and file
the final report from Baker Tilly providing an organizational assessment of the FCFA.
12.NEW BUSINESS
12.a Discussion of Preschool and Child Care Programs Offered through the Recreation
Services Department and the Mark M. Millis Community Center
(BOHLKEN)
Recommended Action:
Consider and review the preschool and child care programs offered through the City’s
Recreation Services Department and the status of the Mark M. Millis Community Center,
and provide direction to staff to phase out its existing child care programs by the fall of
2023.
12.b Consideration of Annual Report, Adoption of Resolution of Intention to Levy Annual
Assessments for the AGTBID; Consideration of Alternatives for Future of AGTBID
(McDONALD)
Recommended Action:
1) Receive and approve the Annual Report; 2) Adopt a Resolution of Intention to levy and
collect assessments within the Arroyo Grande Tourism Business Improvement District
(AGTBID) area for Fiscal Year 2023-24, or provide direction to staff regarding AGTBID
alternatives, including but not limited to the possibility of the disestablishment of the
AGTBID and winding up of its affairs in accordance with applicable State law; 3) If the
Resolution of Intention to levy and collect assessments within the AGTBID area for Fiscal
Year 2023-24 is adopted, set the date for a public hearing for May 23, 2023, in accordance
with Streets and Highways Code Section 36534; and 4) Determine that approving the
annual report and adopting a resolution of intention to levy and collect assessments, or
alternatively providing other direction to City staff on the future of AGTBID, is not 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.).
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
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All staff reports or other written documentation, including any supplemental material distributed to a
majority of the City Council within 72 hours of a regular meeting, relating to each item of business on
the agenda are available for public inspection during regular business hours in the City Clerk’s office,
300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in
appropriate alternative formats to persons with a disability, as required by the Americans with
Disabilities Act. To make a request for disability-related modification or accommodation, contact the
Legislative and Information Services Department at 805-473-5400 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.
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Item 6.a.Page 7 of 256
Item 6.b.Page 8 of 256
Item 6.c.Page 9 of 256
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 25, 2023
SUMMARY OF ACTION:
Review and ratify cash disbursements.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is a $2,236,111.17 fiscal impact that includes the following items:
Accounts Payable Checks $1,845,066.89
Payroll & Benefit Checks $391,044.28
RECOMMENDATION:
1) Ratify the attached listing of cash disbursements for the period of March 16 through
March 31, 2023. 2) Determine that ratifying the cash disbursements is not a project
subject to the California Environmental Quality Act (“CEQA”) because it has no potential
to result in either a direct, or reasonably foreseeable indirect, physical change in the
environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
BACKGROUND:
Cash disbursements are made weekly based on the submission of all required documents
supporting the invoices submitted for payment. Prior to payment, Administrative Services
staff reviews all disbursement documents to ensure that they meet the approval
requirements adopted in the Municipal Code and the City’s Purchasing Policies and
Procedures Manual.
ANALYSIS OF ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accoun ted for in the FY 2022-23
budget.
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Item 9.a.
City Council
Consideration of Cash Disbursement Ratification
April 25, 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 16 – March 31, 2023 – Accounts Payable Check Register
2. March 24, 2023 – Payroll and Benefit Check Registers
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CITY OF ARROYO GRANDECHECK LISTINGMARCH 16 - MARCH 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name1 03/17/2023 296893 $ 30.00 WATER SAMPLE-HIGH SCHOOL 640.4710.5310 ABALONE COAST ANALYTICAL INC2 03/17/2023 296894 70.00 REFUND QUILTING CLASS 010.0000.4605 BARB ADMANS3 03/17/2023 296895 750.00 WEBSITE STREAMING & ARCHIVING 010.4002.5303 AGP VIDEO, INC4 03/17/2023 296895 2,780.00 FEBRUARY 2023 CABLECASTING 010.4002.5330 AGP VIDEO, INC5 03/17/2023 296896 111.62 OFFICE SUPPLIES 010.4001.5201 AMAZON CAPITAL SERVICES6 03/17/2023 296896 158.77 OFFICE SUPPLIES 010.4002.5201 AMAZON CAPITAL SERVICES7 03/17/2023 296897 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206KAYELA ANDERSON8 03/17/2023 296897 96.00 REFUND PARK RENTAL LESS ADMIN 010.0000.4354KAYELA ANDERSON9 03/17/2023 296898 22,122.75 QTR 3 FY 22/23 ANIMAL SERVICES CONTRACT 010.4201.5321 ANIMAL SERVICES10 03/17/2023 296899 139.07 COMM MAINT-REPLACE CHANNEL SWITCH 010.4204.5606APPLIED TECHNOLOGY GROUP INC11 03/17/2023 296899 167.92 03/23 COMM MAINT AGREEMENT 010.4204.5606 APPLIED TECHNOLOGY GROUP INC12 03/17/2023 296900 51.87 PURCHASE WATER METERS FOR FY 2022/23 640.4712.5207 AQUA-METRIC SALES CO(DBA)13 03/17/2023 296901 14.02 BLDG. MAINTENANCE UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES14 03/17/2023 296901 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES15 03/17/2023 296901 7.02 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES16 03/17/2023 296901 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES17 03/17/2023 296901 31.82 PARKS DEPARTMENT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES18 03/17/2023 296901 14.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES19 03/17/2023 296901 28.00 STREET DEPARTMENT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES20 03/17/2023 296901 15.00 SEWER DEPARTMENT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES21 03/17/2023 296901 48.88 WATER DEPARTMENT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES22 03/17/2023 296902 9.80 PARKS DEPT MATS & MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES23 03/17/2023 296903 22.82 BAN#9391033180 CITY HALL FAX 010.4145.5403 AT&T24 03/17/2023 296904 130.48 03/23 TOWER LEASE 010.4201.5303 ATC SEQUOIA LLC25 03/17/2023 296905 275.88 P17 IGNITION COIL ASSEMBLY, APRL PLUG 010.4420.5601 BACK ON THE ROAD AUTOMOBILE26 03/17/2023 296905 476.65 PD-4605 BRAKES-REAR ROTORS 010.4203.5601 BACK ON THE ROAD AUTOMOBILE27 03/17/2023 296906 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 TERI BAYUS28 03/17/2023 296907 100.00 BUSINESS & CAREER CLASS 010.4424.5351 JAMIE BECK29 03/17/2023 296908 50.00 PARK DEPOSIT REFUND-HERITAGE SQUARE 010.0000.2206 ASHLEY BEENE30 03/17/2023 296909 2,000.38 PATROL SUPPLIES-NITRILE GLOVES 010.4203.5255 BOUND TREE MEDICAL, LLC31 03/17/2023 296910 500.00 JANITORIAL SERVICES FOR AGPD 010.4201.5615 BRENDLER JANITORIAL SERVICE32 03/17/2023 296910 1,135.00 JANITORIAL SERVICES FOR MULTIPLE CITY BUILDINGS 010.4213.5615 BRENDLER JANITORIAL SERVICE33 03/17/2023 296910 450.00 WOMENS CLUB-EXTRA CLEANINGS 010.4213.5615 BRENDLER JANITORIAL SERVICE34 03/17/2023 296911 53.77 SAFETY GLASSES220.4303.5255 BRISCO MILL & LUMBER YARD35 03/17/2023 296911 56.02 PW-50 BOARD 640.4712.5601 BRISCO MILL & LUMBER YARD36 03/17/2023 296911 2.05 RES #2 PARTS 640.4712.5609 BRISCO MILL & LUMBER YARD37 03/17/2023 296912 743.60 CMC 02/23 MONTHLY CHARGE 220.4303.5303 CA ST DEPT OF CORRECTIONS38 03/17/2023 296913 225.00 SERVICE CALL-01/13/23 010.4213.5303 CAME SECURITY ALARMSPage 12 of 256
CITY OF ARROYO GRANDECHECK LISTINGMARCH 16 - MARCH 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name39 03/17/2023 296914 $ 19.26 PW-51 PARTS 612.4610.5601 CARQUEST AUTO PARTS40 03/17/2023 296914 18.62 PW-140 K-SEAL 612.4610.5603 CARQUEST AUTO PARTS41 03/17/2023 296914 144.92 PW-140 FILTERS, COOLANT, PARTS 612.4610.5603 CARQUEST AUTO PARTS42 03/17/2023 296915 65.00 02/23 JIUJITSU REIMBURSEMENT 010.4203.5501 JASON CASTILLO43 03/17/2023 296916 2,895.00 REPLACE FENCE AT 251 EAST GRANDE 350.5797.7001 CENTRAL COAST FENCE, INC44 03/17/2023 296917 199.98 ACCT#8245100960104152 PD INTERNET 010.4201.5403 CHARTER COMMUNICATIONS45 03/17/2023 296918 58.14 REIMBURSEMENT FOR KITCHEN SUPPLIES 010.4201.5201 RAUL CHAVEZ46 03/17/2023 296919 400.00 01/23 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF47 03/17/2023 296920 1,583.01 LAW ENFORCEMENT WELLNESS APP 010.4201.5303 CORDICO INC48 03/17/2023 296921 48.27 FAIR OAKS WATER MAIN PLAN SET 640.4710.5306 CRISP IMAGING49 03/17/2023 296922 1,160.00 TAI CHI WINTER SESSION 1 010.4424.5351 SHIRLEY J CROSS50 03/17/2023 296923 24,800.00 OTS GRANT EQUIPMENT MAINTENANCE 010.4210.5303 CROSSROADS SOFTWARE INC51 03/17/2023 296923 69,600.00 OTS GRANT EQUIPMENT, SOFTWARE, MAINTENANCE 010.4210.5702 CROSSROADS SOFTWARE INC52 03/17/2023 296924 368.63 KYOCERA COPIER LEASE PYMT010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS53 03/17/2023 296925 616.00 ROLLER SKATE CLASS WINTER SESSION010.4424.5351 DOOMSDAY SKATE LLC54 03/17/2023 296926 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 EMESE DOWNING55 03/17/2023 296926 50.00 PARK RENTAL REFUND LESS ADMIN 010.0000.4354 EMESE DOWNING56 03/17/2023 296927 450.00 REFUND ADULT BASKETBALL SPONSOR010.0000.4606 GEORGE ELLIS57 03/17/2023 296928 3,800.00 NIXLE RENEWAL 03/23-03/24 010.4201.5303EVERBRIDGE INC58 03/17/2023 296929 50.61 POISON OAK SCRUB, CLEANER, SPRAY 010.4420.5605 FARM SUPPLY CO59 03/17/2023 296929 215.49 SOTO-LITTLE GIANT SUMP PUMP 010.4430.5605 FARM SUPPLY CO60 03/17/2023 296930 89.83 FED EX DOCUMENTS 010.4145.5208 FEDEX61 03/17/2023 296931 96.00 PD-4606 TIRE MOUNT, BALANCE, D 010.4203.5601 FIGUEROA'S TIRES62 03/17/2023 296932 612.50 SWINGING BRIDGE RETROFIT PROJECT 350.5620.7301 FILIPPIN ENGINEERING63 03/17/2023 296933 40.00 REFUND-DOGGIE AGILITY 010.0000.4605 SANDY FREDERICKS64 03/17/2023 296934 41,034.45 2022 PEDESTRIAN XING IMPROVEMENTS-CONSTRUCTION 350.5607.7001 G. SOSA CONSTRUCTION INC65 03/17/2023 296934 18,902.71 2022 PEDESTRIAN XING IMPROVEMENTS-CONTINGENCIES 350.5607.7201 G. SOSA CONSTRUCTION INC66 03/17/2023 296935 100.00 FLOWERS-OFFICER CORRAL 010.4101.5504 GRAND BOUQUET67 03/17/2023 296935 102.31 FLOWERS-COMMANDER AYALA 010.4101.5504 GRAND BOUQUET68 03/17/2023 296936 2,877.54 PREPARATION OF THE NCMA 2022 ANNUAL REPORT 640.4710.5303 GSI WATER SOLUTIONS69 03/17/2023 296937 137.98 PW-51 (2) 8" HOSE CLAMPS 612.4610.5603 HAAKER EQUIPMENT, INC70 03/17/2023 296938 213.29 TUITION REIMBURSEMENT 010.4201.5502 BRADLEY HOGAN71 03/17/2023 296939 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 DANNY HORN72 03/17/2023 296940 200.00 WASHING MACHINE REBATE 226.4306.5554 ROBERT E HOWELLS73 03/17/2023 296941 100.00 REFUND SOCCER 010.0000.4605 JENNY HU74 03/17/2023 296942 173.37 FUEL 010.4203.5608 JB DEWAR, INC75 03/17/2023 296943 227.50 INSTALL NEW TIMER-KINGO PARK F 010.4420.5303 JD ELECTRIC76 03/17/2023 296944 4,200.00 ORO PARK TREE REMOVAL 010.4420.5303 JTS INCPage 13 of 256
CITY OF ARROYO GRANDECHECK LISTINGMARCH 16 - MARCH 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name77 03/17/2023 296944 $ 4,700.00 EMERGENCY TREE REMOVAL-BRANCH 220.4303.5303 JTS INC78 03/17/2023 296945 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KELSEY MASATANI79 03/17/2023 296946 143.33 WELDING SUPPLIES 220.4303.5255 MATHESON TRI-GAS INC80 03/17/2023 296946 10.56 MS NOZZLE 7/16 LONG ALUM 10N47 220.4303.5255 MATHESON TRI-GAS INC81 03/17/2023 296947 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 MAYRA MENDOZA82 03/17/2023 296947 44.00 REFUND JUNGLE DANCE PARTY 010.0000.4607 MAYRA MENDOZA83 03/17/2023 296948 291.75 (4) MANHOLE GRADE RINGS 612.4610.5610 MID STATE CONCRETE PROD LLC84 03/17/2023 296949 150.85 1/3 CU YD CONCRETE IN/OUT SVC 640.4712.5610 MIER BROS LANDSCAPE PRODUCTS85 03/17/2023 296949 150.85 1/3 CU YD CONCRETE ASH ST 640.4712.5610 MIER BROS LANDSCAPE PRODUCTS86 03/17/2023 296950 58.55 KICKDOWN, BIT HOLDER, MAG DRIVER 010.4213.5273 MINER'S ACE HARDWARE, INC87 03/17/2023 296950 166.55 EPOXYSHIELD, CONTRACTOR 1ST 010.4213.5604 MINER'S ACE HARDWARE, INC88 03/17/2023 296950 118.51 FLEX SEAL LIQUID 010.4213.5604 MINER'S ACE HARDWARE, INC89 03/17/2023 296950 28.82 WET PATCH, RUBBER SHEET 010.4213.5604MINER'S ACE HARDWARE, INC90 03/17/2023 296950 5.58 VINYL TUBE 010.4213.5604 MINER'S ACE HARDWARE, INC91 03/17/2023 296950 53.79 PAINT BRUSH, TAPE, GOOD ROLLER 010.4420.5605 MINER'S ACE HARDWARE, INC92 03/17/2023 296950 233.31 ROLLER FRAME, GOOD ROLLER, LINER 010.4420.5605 MINER'S ACE HARDWARE, INC93 03/17/2023 296950 17.22 TRAY LINERS, PAINT BRUSH 010.4420.5605 MINER'S ACE HARDWARE, INC94 03/17/2023 296950 9.69 FLUSH LEVER 010.4420.5605 MINER'S ACE HARDWARE, INC95 03/17/2023 296950 19.56 LOCK ENTRY - SOTO 010.4430.5605 MINER'S ACE HARDWARE, INC96 03/17/2023 296950 10.76 ACE GLOVES 3 PACK 220.4303.5255 MINER'S ACE HARDWARE, INC97 03/17/2023 296950 29.06 CAULKGUN PISTON, LIQUID NAIL GUN 220.4303.5613 MINER'S ACE HARDWARE, INC98 03/17/2023 296950 10.76 EXTENSION CORD 640.4712.5255 MINER'S ACE HARDWARE, INC99 03/17/2023 296950 8.14 PATROL SUPPLIES-FASTENERS 010.4203.5255 MINER'S ACE HARDWARE, INC100 03/17/2023 296950 12.91 FLEET MAINT-WHITE SPRAYPAINT 010.4203.5601 MINER'S ACE HARDWARE, INC101 03/17/2023 296951 308.09 COMMUNICATIONS-MOTOR RADIO REPAIR 010.4204.5606 NICK'S TELECOM (DBA)102 03/17/2023 296952 36.64 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC103 03/17/2023 296952 22.60 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC104 03/17/2023 296952 200.07 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC105 03/17/2023 296953 152.39 COPIER MAINT AGREEMENT OVERAGE 010.4204.5602 OFFICE1106 03/17/2023 296954 246.74 02/23 K-RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA107 03/17/2023 296954 522.70 MOVING K RAILS 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA108 03/17/2023 296955 29.00 UNIFORM CLEANING-PD ADMIN 010.4201.5303 PARAMOUNT CLEANERS109 03/17/2023 296955 447.00 UNIFORM CLEANING-PD PATROL SERVICES 010.4203.5303 PARAMOUNT CLEANERS110 03/17/2023 296955 19.00 UNIFORM CLEANING-PD SUPPORT SERVICES 010.4204.5303 PARAMOUNT CLEANERS111 03/17/2023 296956 21,993.75 2022 STREET REPAIRS-PROJECT AD 350.5638.7501 PAVEMENT ENGINEERING INC112 03/17/2023 296957 119.95 03/23 WIFI SVC HUBNER SITE 010.4201.5403PEAKWIFI LLC113 03/17/2023 296958 65.00 REFUND DOGGIE CLASS 010.0000.4605 MOLLY PHELAN114 03/17/2023 296959 200.00 01/23 PARKING CITATION PROCESS 010.4204.5303 PHOENIX GROUPPage 14 of 256
CITY OF ARROYO GRANDECHECK LISTINGMARCH 16 - MARCH 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name115 03/17/2023 296960 $ 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 STEPHEN POTTER116 03/17/2023 296961 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 CINTHYA ALCANTAR ROJAS117 03/17/2023 296962 7,200.00 STREET SWEEPING JAN-JUN 2023 220.4303.5303 SCA118 03/17/2023 296962 2,700.00 STREET SWEEPING JAN-JUN 2023 010.4307.5303 SCA119 03/17/2023 296963 800.00 APCD PERMITS FOR CORP YARD ENGINES 612.4610.5303 SLO COUNTY AIR POLLUTION120 03/17/2023 296963 131.04 APCD PERMITS FOR CORP YARD ENGINES 640.4710.5303 SLO COUNTY AIR POLLUTION121 03/17/2023 296963 931.04 APCD PERMITS FOR PUMP STATIONS 640.4710.5303 SLO COUNTY AIR POLLUTION122 03/17/2023 296964 89.00 01/23 PARKING CITATION REV DIST 010.0000.4203 SLO COUNTY AUDITOR-CONTROLLER123 03/17/2023 296965 225,920.00 FY22/23 CONTRACT FOR DISPATCH 010.4201.5303 SLO COUNTY SHERIFF'S DEPT124 03/17/2023 296966 469.47 GAS SERVICES-1375 ASH ST 010.4145.5401 SOCALGAS125 03/17/2023 296966 14.79 GAS SERVICES-350 S ELM 010.4145.5401 SOCALGAS126 03/17/2023 296966 369.45 GAS SERVICES-200 N HALCYON 010.4145.5401 SOCALGAS127 03/17/2023 296967 1,410.30 286 TALLEY HO STORM RELATED DEBRIS REMOVAL 220.4303.5307 SOUTH COUNTY SANITARY SVC, INC128 03/17/2023 296967 1,221.80 300 TALLEY HO STORM RELATED DEBRIS REMOVAL 220.4303.5307 SOUTH COUNTY SANITARY SVC, INC129 03/17/2023 296968 80.94 SLOAN A41A DIA KIT REGAL (2) 010.4213.5604 STREATOR PIPE & SUPPLY130 03/17/2023 296969 68.00 LEGAL AD - BLDG CODE 010.4002.5301 THE MCCLATCHY COMPANY LLC131 03/17/2023 296969 86.70 LEGAL AD - CC PH NOTICE CDBG 010.4002.5301 THE MCCLATCHY COMPANY LLC132 03/17/2023 296970 25.00 UNIFORMS-NEW HIRE TRAINING SHIRTS 010.4203.5272 THE TOP SHOP133 03/17/2023 296971 90.00 REFUND-ADULT BASKETBALL010.0000.4606JOSEPH TILLEY134 03/17/2023 296972 405.51 STOP/SLOW PADDLE EXT, ROAD CLOSED 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS135 03/17/2023 296973 102.41 COPY MACHINE MAINTENANCE 2/01/23 - 2/28/23 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)136 03/17/2023 296974 408.20 PAYROLL FOR:W/E 2/26 OFFICE ASSISTANT 612.4610.5303 UNITED STAFFING ASSOC.137 03/17/2023 296974 250.87 PAYROLL FOR: W/E 03/05 OFFICE ASSISTANT 612.4610.5303 UNITED STAFFING ASSOC.138 03/17/2023 296974 250.88 PAYROLL FOR: W/E 03/05 OFFICE ASSISTANT 640.4710.5303 UNITED STAFFING ASSOC.139 03/17/2023 296974 408.21 PAYROLL FOR:W/E 2/26 OFFICE ASSISTANT 640.4710.5303 UNITED STAFFING ASSOC.140 03/17/2023 296975 949.59 LIFT STN #7 LEVEL TRANSMITTER 612.4610.5610 USA BLUE BOOK141 03/17/2023 296976 73.50 DOCUMENT SHREDDING SVC 010.4201.5303 VITAL RECORDS CONTROL142 03/17/2023 296977 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206SEAN WARNER143 03/17/2023 296978 350.00 COUNCIL CHAMBERS-SNAKE, RESET 010.4213.5303 WATERBOYS PLUMBING144 03/17/2023 296979 564.59 COPY MACHINE LEASE PYMT 010.4201.5803 WELLS FARGO VENDOR FINANCIAL145 03/17/2023 296980 4,682.69 04/23 RETIREE MEDICAL 010.4099.5136 ICMA RETIREMENT CORP146 03/17/2023 296980 358.87 04/23 RETIREE MEDICAL 220.4303.5136 ICMA RETIREMENT CORP147 03/17/2023 296980 602.12 04/23 RETIREE MEDICAL 010.0000.1111 ICMA RETIREMENT CORP148 03/24/2023 296981 46,283.83 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE149 03/24/2023 296981 52,060.34 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE150 03/24/2023 296981 12,838.96 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE151 03/24/2023 296982 17,645.54 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT152 03/24/2023 296982 2,071.81 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPTPage 15 of 256
CITY OF ARROYO GRANDECHECK LISTINGMARCH 16 - MARCH 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name153 03/24/2023 296983 $ 565.60 DEPT OF CHILD SUPPORT SERVICES 011.0000.2114 CA STATE DISBURSEMENT UNIT154 03/24/2023 296984 3,732.50 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP155 03/24/2023 296984 12,114.00 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP156 03/24/2023 296984 866.66 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP157 03/24/2023 296984 400.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP158 03/24/2023 296984 177.07 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP159 03/24/2023 296985 35,025.75 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT160 03/24/2023 296985 45,410.61 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT161 03/24/2023 296985 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT162 03/24/2023 296985 1,078.83 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT163 03/24/2023 296985 (0.07) ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT164 03/24/2023 296986 1,345.94 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA165 03/24/2023 296987 855.00 STORMWATER SAMPLING 010.4301.5303 ABALONE COAST ANALYTICAL INC166 03/24/2023 296988 74.80 OFFICE SUPPLIES 010.4120.5201 AMAZON CAPITAL SERVICES167 03/24/2023 296988 83.74 IT SUPPLIES 010.4140.5303 AMAZON CAPITAL SERVICES168 03/24/2023 296988 158.28 (6) SCOTT CORELESS TP DISPENSERS 010.4213.5604 AMAZON CAPITAL SERVICES169 03/24/2023 296988 53.88 HAND SOAP 010.4213.5604 AMAZON CAPITAL SERVICES170 03/24/2023 296988 75.32 (2) HAND SANITIZER 010.4420.5274 AMAZON CAPITAL SERVICES171 03/24/2023 296988 79.25 OFFICE SUPPLIES 220.4303.5201 AMAZON CAPITAL SERVICES172 03/24/2023 296988 10.76 USB CABLES 220.4303.5201 AMAZON CAPITAL SERVICES173 03/24/2023 296988 376.66 CORETEX TOWELETTES 220.4303.5255 AMAZON CAPITAL SERVICES174 03/24/2023 296988 48.82 FLASHLIGHT BATTERIES 220.4303.5255 AMAZON CAPITAL SERVICES175 03/24/2023 296988 28.77 HAND WARMERS 220.4303.5255 AMAZON CAPITAL SERVICES176 03/24/2023 296988 387.80 SAND BAGS-1000 220.4303.5613 AMAZON CAPITAL SERVICES177 03/24/2023 296988 32.29 PRIVATE PROPERTY SIGNS 220.4303.5613 AMAZON CAPITAL SERVICES178 03/24/2023 296988 453.90 VALLEY FORGE AMERICAN FLAGS 220.4303.5613 AMAZON CAPITAL SERVICES179 03/24/2023 296988 79.26 OFFICE SUPPLIES 612.4610.5201 AMAZON CAPITAL SERVICES180 03/24/2023 296988 226.08 COPY PAPER 010.4102.5201 AMAZON CAPITAL SERVICES181 03/24/2023 296988 1,039.20 OFFICE SUPPLIES 010.4307.5201 AMAZON CAPITAL SERVICES182 03/24/2023 296988 79.25 OFFICE SUPPLIES 010.4307.5201 AMAZON CAPITAL SERVICES183 03/24/2023 296989 265.00 02/23 VILLAGE & ELM PLAYGROUND 010.4420.5601 ARROYO GRANDE IN BLOOM INC184 03/24/2023 296990 16.15 REIMBURSE FOR STAFF APPRECIATION FLOWERS 010.4421.5255 SHERIDAN BOHLKEN185 03/24/2023 296990 12.66 REIMBURSE-ICE FOR VOLUNTEER APPRECIATION EVENT010.4424.5252 SHERIDAN BOHLKEN186 03/24/2023 296991 28,445.55 BUILDING DEPARTMENT SERVICES 010.4212.5303 BPR CONSULTING GROUP LLC187 03/24/2023 296992 135.00 PEST CONTROL: CITY HALL 010.4213.5303 BREZDEN PEST CONTROL, INC188 03/24/2023 296993 20.80 USB CHARGER, MOUNT 010.4305.5255 CARQUEST AUTO PARTS189 03/24/2023 296993 14.44 PW-140 STARTING FLUID 010.4305.5255 CARQUEST AUTO PARTS190 03/24/2023 296993 27.38 PW-44 BRAKE LIGHT SWITCH 612.4610.5601 CARQUEST AUTO PARTSPage 16 of 256
CITY OF ARROYO GRANDECHECK LISTINGMARCH 16 - MARCH 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name191 03/24/2023 296993 $ 493.65 PW-140 ALTERNATOR, BATTERY 612.4610.5603 CARQUEST AUTO PARTS192 03/24/2023 296993 23.08 WIPER BLADES 640.4712.5601 CARQUEST AUTO PARTS193 03/24/2023 296994 987.20 ACCT#8245100960223598 PD BUSINESS DARK 010.4145.5401 CHARTER COMMUNICATIONS194 03/24/2023 296994 185.15 ACCT#8245100960223572 PD BUSINESS TV 010.4145.5401 CHARTER COMMUNICATIONS195 03/24/2023 296994 1,349.00 ACCT#8245100960302509 CITY HALL INTERNET 211.4101.5330 CHARTER COMMUNICATIONS196 03/24/2023 296995 58.63 ACCT#090058901-CITY HALL BUSINESS TV 010.4145.5401 CHARTER COMMUNICATIONS197 03/24/2023 296996 231.00 S/W ASSURANCE CALL RECORDING PER UNIT 010.4140.5303 CIO SOLUTIONS LP198 03/24/2023 296996 4,768.00 03/23 CIO SUPPORT SVCS 010.4140.5303 CIO SOLUTIONS LP199 03/24/2023 296996 1,510.00 03/23 CROWDSTRIKE ADV DEFEND 010.4140.5303 CIO SOLUTIONS LP200 03/24/2023 296996 5,362.50 12/22 STAFF AUGMENTATION 010.4140.5303 CIO SOLUTIONS LP201 03/24/2023 296996 4,515.00 REMOTE USER-G BUTLER M365 MIGRATION 010.4140.5303 CIO SOLUTIONS LP202 03/24/2023 296996 4,768.00 01/23 CIO SUPPORT SVCS 010.4140.5303 CIO SOLUTIONS LP203 03/24/2023 296996 1,510.00 01/23 CROWDSTRIKE ADV DEFEND 010.4140.5303 CIO SOLUTIONS LP204 03/24/2023 296996 917.70 03/23 MICROSOFT 365 G3 GCC 010.4140.5607 CIO SOLUTIONS LP205 03/24/2023 296997 520.00 WATER SAMPLES-DBP 2/22 640.4710.5310 CLINICAL LABORATORY OF206 03/24/2023 296997 560.00 02/23 WATER SAMPLES-BACTI 640.4710.5310 CLINICAL LABORATORY OF207 03/24/2023 296998 1,995.00 S ELM ST RET BASIN 10X6 CHAIN 220.4303.5303 CREATIVE FENCE CO.208 03/24/2023 296999 535.50 WRITING FOR LIFE WINTER SESSION010.4424.5351 GAYLE CUDDY209 03/24/2023 297000 734.02 ANALYZER CUPS 640.4711.5603 D AND H WATER SYSTEMS INC210 03/24/2023 297001 400.00 02/23 NETBILL MONTHLY MAINTENANCE 640.4710.5303 DATAPROSE LLC211 03/24/2023 297001 468.16 02/23 NETBILL CC TRANS 640.4710.5555 DATAPROSE LLC212 03/24/2023 297001 1,690.04 02/23 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLC213 03/24/2023 297001 117.04 02/23 NETBILL CC TRANS 612.4610.5555 DATAPROSE LLC214 03/24/2023 297002 7,500.00 CHILD CARE ASSISTANCE GRANT 260.4565.5395 DISTANT OAKS CHILDCARE215 03/24/2023 297003 100.00 THEATER RENTAL-VOLUNTEER APPRECIATION 010.4130.5201 FAIR OAKS THEATRE216 03/24/2023 297003 189.89 THEATER RENTAL-VOLUNTEER APPRECIATION 010.4424.5252 FAIR OAKS THEATRE217 03/24/2023 297003 275.11 THEATER RENTAL-VOLUNTEER APPRECIATION 010.4424.5250 FAIR OAKS THEATRE218 03/24/2023 297003 200.00 THEATER RENTAL-VOLUNTEER APPRECIATION 010.4101.5504 FAIR OAKS THEATRE219 03/24/2023 297004 19.38 CAMLOCK 010.4430.5605 FARM SUPPLY CO220 03/24/2023 297005 1,442.77 TRASH CAN LINERS 220.4303.5613 FASTENAL COMPANY221 03/24/2023 297006 132.00 REFUND PARKING FEE-BL23-000087 010.0000.4050 JACQUELINE FERNANDEZ222 03/24/2023 297007 513,015.25 04/23-06/23 CITY'S SHARE OF FCFA COSTS 010.4145.5313 FIVE CITIES FIRE AUTHORITY223 03/24/2023 297007 132,223.50 04/23-06/23 CITY'S SHARE OF FCFA COSTS 218.4101.5313 FIVE CITIES FIRE AUTHORITY224 03/24/2023 297008 1,176.00 SERGER SEWING WINTER SESSION 1 010.4424.5351 MARY JO GABEL225 03/24/2023 297009 11,200.00 STEAM CLEANING OF VILLAGE SIDEWALKS 220.4303.5303HOME DETAILING PROFESSIONALS226 03/24/2023 297010 5,000.00 CASH FOR GRASS REBATE-5000 SQF 226.4306.5554 INVESTEC227 03/24/2023 297011 50.00 REFUND PARK DEPOSIT 010.0000.2206 KAREN MCCLEARY228 03/24/2023 297011 106.00 PARK RENTAL REFUND 010.0000.4354 KAREN MCCLEARYPage 17 of 256
CITY OF ARROYO GRANDECHECK LISTINGMARCH 16 - MARCH 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name229 03/24/2023 297012 $ 52.78 JIGSAW BLADE, SCREWS 010.4213.5273 MINER'S ACE HARDWARE, INC230 03/24/2023 297012 7.53 TOILET SHIMS 010.4213.5604 MINER'S ACE HARDWARE, INC231 03/24/2023 297012 17.22 TERRY CLEANING CLOTHS 010.4213.5604 MINER'S ACE HARDWARE, INC232 03/24/2023 297012 61.51 BLEACH, GRAPHITE, PLYWOOD 010.4213.5604 MINER'S ACE HARDWARE, INC233 03/24/2023 297012 20.46 AIR GRILLE 010.4213.5604 MINER'S ACE HARDWARE, INC234 03/24/2023 297012 100.18 ROOF SEALANT, TARP, RUBBER PASTE 010.4213.5604 MINER'S ACE HARDWARE, INC235 03/24/2023 297012 56.63 HARDWARE CLOTH, SNIPS, BUCKETS 010.4420.5605 MINER'S ACE HARDWARE, INC236 03/24/2023 297012 12.92 RUBBER MALLET PW-17 010.4420.5605 MINER'S ACE HARDWARE, INC237 03/24/2023 297012 6.11 FASTENERS 010.4420.5605 MINER'S ACE HARDWARE, INC238 03/24/2023 297012 43.88 SOTO-TAPE MEASURE, FUNNELS 010.4430.5605 MINER'S ACE HARDWARE, INC239 03/24/2023 297012 15.21 SOTO-CLEAR CAULK 010.4430.5605 MINER'S ACE HARDWARE, INC240 03/24/2023 297012 2.36 PARKS-SPLIT RINGS 220.4303.5613 MINER'S ACE HARDWARE, INC241 03/24/2023 297013 50.00 REFUND PARK DEPOSIT 010.0000.2206 CAITLIN MONTOYA242 03/24/2023 297013 27.00 REFUND BOUNCE HOUSE FEE 010.0000.4354 CAITLIN MONTOYA243 03/24/2023 297014 700.00 SEWER LIFT STN REPAIRS 612.4610.5610 NVIRO244 03/24/2023 297014 2,033.40 RES#5 VFD REPLACEMENT 640.4712.5610 NVIRO245 03/24/2023 297015 21.53 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC246 03/24/2023 297016 166.23 VACCINATION/IMMUNIZATION-PW 640.4712.5303 PACIFIC CENTRAL COAST HEALTH247 03/24/2023 297017 72.00 REFUND COMM CTR RENTAL 010.0000.4353 SACHI PATEL248 03/24/2023 297017 448.00 REFUND COMM CTR RENTAL LESS AD 010.0000.4655 SACHI PATEL249 03/24/2023 297018 3,577.00 QUILITING-WINTER SESSION 1 010.4424.5351 BARBARA ANN PORTER250 03/24/2023 297019 267.23 CITY OF AG TOTE BAGS 010.4130.5201 PRINTPAL PROMOTIONS & PRINTING251 03/24/2023 297019 324.89 CITY OF AG TOTE BAGS 010.4424.5250 PRINTPAL PROMOTIONS & PRINTING252 03/24/2023 297019 412.00 CITY OF AG TOTE BAGS 010.4101.5504 PRINTPAL PROMOTIONS & PRINTING253 03/24/2023 297020 95.00 ONLINE WORKSHOP 04/05/23-CUSTOMER SERVICE 010.4120.5501 PUBLIC SECTOR EXCELLENCE254 03/24/2023 297021 5.38 COUNCIL CHAMBERS WATER 010.4213.5303 READYREFRESH BY NESTLE255 03/24/2023 297022 2,403.38 EGG HUNT-13500 FILLED EGGS 010.4424.5252 RICK'S VENDING256 03/24/2023 297023 5,456.05 VARIABLE FREQUENCY DRIVE 640.4712.5610 ROGERS EQUIPMENT SALES INC257 03/24/2023 297024 50.00 REFUND PARK DEPOSIT 010.0000.2206 ANNE MARIE ROSE258 03/24/2023 297024 50.00 REFUND PARK RENTAL LESS ADMIN 010.0000.4354 ANNE MARIE ROSE259 03/24/2023 297025 40.00 REFUND-MOTHER'S DAY TEA (4) 010.0000.4607 TERESA RUIZ260 03/24/2023 297026 3,500.00 03/23 TBID ADMIN FEE 240.4150.5303 SOUTH COUNTY CHAMBERS261 03/24/2023 297027 231,965.85 02/23 SEWER SVCS COLLECTIONS 760.0000.2304 SOUTH SLO COUNTY SANIT DIST262 03/24/2023 297027 8.81 CITY ACCT-215 E BRANCH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST263 03/24/2023 297027 8.81 CITY ACCT-300 E BRANCH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST264 03/24/2023 297027 8.81 CITY ACCT-211 VERNON ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST265 03/24/2023 297027 8.81 CITY ACCT-RANCHO GRANDE PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST266 03/24/2023 297027 8.81 CITY ACCT-STROTHER PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DISTPage 18 of 256
CITY OF ARROYO GRANDECHECK LISTINGMARCH 16 - MARCH 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name267 03/24/2023 297027 $ 8.81 CITY ACCT-SHORT ST RESTROOMS 010.4145.5401 SOUTH SLO COUNTY SANIT DIST268 03/24/2023 297027 8.81 CITY ACCT-ELM ST PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST269 03/24/2023 297027 8.81 CITY ACCT 203 N RENA ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST270 03/24/2023 297027 8.81 CITY ACCT 1221 ASH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST271 03/24/2023 297027 8.81 CITY ACCT-SOTO SPORTS COMPLEX 010.4145.5401 SOUTH SLO COUNTY SANIT DIST272 03/24/2023 297027 8.81 CITY ACCT 127 SHORT ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST273 03/24/2023 297027 8.81 CITY ACCT-211 N HALCYON RD 010.4145.5401 SOUTH SLO COUNTY SANIT DIST274 03/24/2023 297028 60.00 REFUND TAI CHI 010.0000.4605 SOZINHO275 03/24/2023 297029 930.00 MAP CHECKING SERVICES 010.4301.5303 TETRA TECH INC276 03/24/2023 297030 254.81 REGIONAL MAYORS MEETING FOOD 010.4001.5501 U.S. BANK277 03/24/2023 297030 1,661.54 LEAGUE OF CA CITIES CONF-LODGING 010.4001.5501 U.S. BANK278 03/24/2023 297030 14.58 MEETING SUPPLIES 010.4002.5201 U.S. BANK279 03/24/2023 297030 500.00 CITY CLERKS ASSOC CONFERENCE REGISTRATION 010.4002.5501 U.S. BANK280 03/24/2023 297030 847.06 LEAGUE OF CA CITIES CONF LODGING 010.4101.5501 U.S. BANK281 03/24/2023 297030 182.10 LEAGUE OF CA CITIES CONF-FOOD 010.4101.5501 U.S. BANK282 03/24/2023 297030 540.86 LEAGUE OF CA CITIES CM CONF-LODGING 010.4101.5501 U.S. BANK283 03/24/2023 297030 83.23 LEAGUE OF CA CITIES CONF-FUEL 010.4101.5501 U.S. BANK284 03/24/2023 297030 35.00 SCCC LUNCHEON-MCDONALD 010.4101.5501 U.S. BANK285 03/24/2023 297030 100.00 SPEC DEPT SUPPLIES-CITY INFOGR 010.4102.5255 U.S. BANK286 03/24/2023 297030 195.00 SPEC DEPT SUPPLIES-CITY STICKE 010.4102.5255 U.S. BANK287 03/24/2023 297030 32.31 OFFICE DEPOT-HEADSET 010.4120.5201 U.S. BANK288 03/24/2023 297030 125.00 CSMFO MEMBERSHIP-HOREJSI 010.4120.5503 U.S. BANK289 03/24/2023 297030 2,025.00 CALCITIES PC ACADEMY REGISTRATION 010.4130.5501 U.S. BANK290 03/24/2023 297030 528.85 ZOOM 010.4140.5303 U.S. BANK291 03/24/2023 297030 276.00 CODETWO EXHCHANGE EMAIL RULE 010.4140.5303 U.S. BANK292 03/24/2023 297030 222.68 REPLACEMENT HARD DRIVES-PD 010.4140.5602 U.S. BANK293 03/24/2023 297030 57.30 AUTHORIZE.NET CC FEES 010.4145.5555 U.S. BANK294 03/24/2023 297030 80.81 OFFICE SUPPLIES 010.4201.5201 U.S. BANK295 03/24/2023 297030 64.63 OFFICE SUPPLIES 010.4201.5201 U.S. BANK296 03/24/2023 297030 125.00 MEMBERSHIP-CCUG 010.4201.5503 U.S. BANK297 03/24/2023 297030 905.79 COMMUNITY OUTREACH-HATS, PATCHES 010.4201.5504 U.S. BANK298 03/24/2023 297030 80.00 PAPA WEBINARS-M ROBLES 010.4420.5501 U.S. BANK299 03/24/2023 297030 150.00 PAPA MEMBERSHIP-R SIMPSON 2 YR 010.4420.5503 U.S. BANK300 03/24/2023 297030 135.00 ISA MEMBERSHIP-M ROBLES 010.4420.5503 U.S. BANK301 03/24/2023 297030 144.22 H&M GOPHER MACHINE PARTS 010.4420.5603 U.S. BANK302 03/24/2023 297030 51.78 OFFICE SUPPLIES, LAMINATING 010.4421.5201 U.S. BANK303 03/24/2023 297030 130.00 STAFF MEETING SUPPLIES-JAFFA CAFÉ 010.4421.5255 U.S. BANK304 03/24/2023 297030 35.00 SCCC LUNCHEON-BOHLKEN 010.4421.5501 U.S. BANKPage 19 of 256
CITY OF ARROYO GRANDECHECK LISTINGMARCH 16 - MARCH 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name305 03/24/2023 297030 $ 1,203.12 CPRS CONFERENCE-LODGING 010.4421.5501 U.S. BANK306 03/24/2023 297030 (119.99) REFUND-CANVA SOFTWARE 010.4421.5504 U.S. BANK307 03/24/2023 297030 515.00 PROMO AD-NEW TIMES 010.4421.5504 U.S. BANK308 03/24/2023 297030 537.20 PRESCHOOL SUPPLIES 010.4423.5253 U.S. BANK309 03/24/2023 297030 283.76 SPECIAL EVENT SUPPLIES-SR DANCE 010.4424.5252 U.S. BANK310 03/24/2023 297030 357.81 VOLUNTEER APPREC. SUPPLIES 010.4424.5252 U.S. BANK311 03/24/2023 297030 488.54 MEET THE MACHINES SUPPLIES 010.4424.5252 U.S. BANK312 03/24/2023 297030 40.86 VALENTINE SOCIAL SUPPLIES 010.4424.5252 U.S. BANK313 03/24/2023 297030 184.36 CLASS SUPPLIES 010.4424.5351 U.S. BANK314 03/24/2023 297030 446.36 CHILDCARE SUPPLIES 010.4425.5255 U.S. BANK315 03/24/2023 297030 (1,500.00) CREDIT FOR DUPLICATE CHRG-WATER FOR BARRICADES 220.4303.5552 U.S. BANK316 03/24/2023 297030 (1,706.25) CREDIT/RETURN-STYLIGHTING BULB 220.4303.5613 U.S. BANK317 03/24/2023 297030 1,476.83 GRANITE-POTHOLE BAGS 220.4303.5613 U.S. BANK318 03/24/2023 297030 49.57 SKY RIVER-PROPANE TANK 220.4303.5613 U.S. BANK319 03/24/2023 297030 194.16 WALMART-STREET LIGHT BULBS 220.4303.5613 U.S. BANK320 03/24/2023 297030 226.14 PUMP KIT PW-383 612.4610.5603 U.S. BANK321 03/24/2023 297030 74.05 TRAINING LUNCHES 640.4710.5501 U.S. BANK322 03/24/2023 297030 998.00 MANAGEMENT & LEADERSHIP TRAINING 640.4710.5501 U.S. BANK323 03/24/2023 297030 1,066.73 FLASHLIGHTS-OTS GRANT EQUIPMENT 010.4209.5255 U.S. BANK324 03/24/2023 297030 3,517.00 (2) ADJ DESKS, POWER STRIP010.4307.5201 U.S. BANK325 03/24/2023 297030 10.76 PATROL SUPPLIES-IPAD SCREEN 010.4203.5255 U.S. BANK326 03/24/2023 297030 (719.30) CREDIT RETURN-PATROL EQUIP 010.4203.5272 U.S. BANK327 03/24/2023 297030 18.00 UNIFORMS-ALTERATIONS 010.4203.5272 U.S. BANK328 03/24/2023 297030 393.00 TRAINING-TUITION/REGISTRATION 010.4203.5501 U.S. BANK329 03/24/2023 297030 15.44 FLEET SUPPLIES 010.4203.5601 U.S. BANK330 03/24/2023 297030 98.69 SAFETY EQUIP-WEAPONS MAINT 010.4203.5603 U.S. BANK331 03/24/2023 297030 25.84 RANGE SUPPLIES 010.4204.5255 U.S. BANK332 03/24/2023 297030 191.53 PROPERTY & EVIDENCE SUPPLIES 010.4204.5255 U.S. BANK333 03/24/2023 297030 84.54 TRAINING-LODGING 010.4204.5501 U.S. BANK334 03/24/2023 297030 279.17 SUBSCRIPTION-DRONE OPERATOR 010.4204.5607 U.S. BANK335 03/24/2023 297030 40.00 FUEL 010.4204.5608 U.S. BANK336 03/24/2023 297030 41.75 VOLUNTEER SUPPLIES-GOLDEN DONUTS 010.4424.5250 U.S. BANK337 03/24/2023 297030 716.89 PUBLIC RELATIONS-TABLE CLOTH, ADS, HAY BALES 010.4101.5504 U.S. BANK338 03/24/2023 297030 60.50 SUPPLIES-BIRTHDAY ITEMS 010.4101.5504 U.S. BANK339 03/24/2023 297031 200.00 REFUND WOMENS CLUB DEPOSIT 010.0000.2206 CRYSTAL VAZQUEZ340 03/24/2023 297031 200.00 REFUND WOMENS CLUB DEPOSIT 010.0000.2206 CRYSTAL VAZQUEZ341 03/24/2023 297032 304.08 ACCT#472480460-00002 CITY IPAD 010.4145.5403 VERIZON WIRELESS342 03/24/2023 297033 2,595.00 WSC AG 2021 UWMP PREP FOR URBAN FY 22-23 640.4710.5303 WATER SYSTEMS CONSULTING INCPage 20 of 256
CITY OF ARROYO GRANDECHECK LISTINGMARCH 16 - MARCH 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name343 03/24/2023 297034 $ 660.00 PLUMBING RETROFIT 226.4306.5303 WATERBOYS PLUMBING344 03/24/2023 297035 840.00 REPAIR SIGNAL-2 INTERSECTIONS 220.4303.5303 LEE WILSON ELECTRIC COMPANY INC345 03/31/2023 297036 9.80 PARKS DEPARTMENT MATS/MOPHEADS010.4213.5303 ARAMARK UNIFORM SERVICES346 03/31/2023 297037 198.75 ACCT#238451-01839190 RADIO 010.4145.5403 AT & T347 03/31/2023 297037 34.04 ACCT#235841-39568063 ALARM 220.4303.5303 AT & T348 03/31/2023 297038 194.00 PD COMMON PEST PLUS DEWEBBING 010.4213.5303 BREZDEN PEST CONTROL, INC349 03/31/2023 297039 300.00 NTC COURSE 4/11-4/14 POST PER DIEM 010.4203.5501 JEREMY BURNS350 03/31/2023 297040 736.80 ACCT#8245100960211288 PW VOICE 010.4145.5401 CHARTER COMMUNICATIONS351 03/31/2023 297040 327.16 ACCT#8245100960216667 WOMENS CENTER 010.4145.5401 CHARTER COMMUNICATIONS352 03/31/2023 297040 1,349.00 ACCT#8245100960301246 215 E BRANCH 211.4101.5330 CHARTER COMMUNICATIONS353 03/31/2023 297041 7,548.75 02/23 STAFF AUGMENTATION 010.4140.5303 CIO SOLUTIONS LP354 03/31/2023 297041 4,725.00 02/23 OFFICE M365 MIGRATION 010.4140.5303 CIO SOLUTIONS LP355 03/31/2023 297042 375.00 TRAFFIC COLLISION TRAINING-4/10-4/14 010.4203.5501 ALEJANDRO ESTRADA356 03/31/2023 297043 375.00 TRAFFIC COLLISION TRAINING-4/10-4/14 010.4203.5501 ANTHONY ESTRADA357 03/31/2023 297044 10,000.00 CHILD CARE ASSISTANCE GRANT 260.4565.5395 ALMA FERREYRA DBA FERREYRA FCC/BAMBI 358 03/31/2023 297045 20.00 PW 6 FLAT REPAIR220.4303.5601 FIGUEROA'S TIRES359 03/31/2023 297045 1,120.32 (4) TIRES PW 6 220.4303.5601 FIGUEROA'S TIRES360 03/31/2023 297045 40.00 PW-44 TIRE MOUNT 612.4610.5601 FIGUEROA'S TIRES361 03/31/2023 297046 121.80 CORP YARD SEWER BILL 612.0000.4751 CITY OF GROVER BEACH362 03/31/2023 297047 5,987.13 PREPARATION OF THE NCMA 2022 ANNUAL REPORT 640.4710.5303 GSI WATER SOLUTIONS363 03/31/2023 297048 106.08 1375 ASH TRAILER MOUNT220.4303.5552 HARVEY'S HONEY HUTS364 03/31/2023 297049 845.39 8" PIPE, PLUGS 640.4712.5610 ICONIX WATERWORKS (US) INC365 03/31/2023 297049 472.49 FIRE HYDRANT CAP GASKETS & LUBE 640.4712.5610 ICONIX WATERWORKS (US) INC366 03/31/2023 297049 (300.15) CREDIT FOR LUBRICANT 640.4712.5610 ICONIX WATERWORKS (US) INC367 03/31/2023 297049 300.15 LUBRICANT 640.4712.5610 ICONIX WATERWORKS (US) INC368 03/31/2023 297050 975.00 90 DAY INSPECTION - ON 50, 51, 220.4303.5601 L. DIESEL MOBILE SERVICE(DBA)369 03/31/2023 297051 1,007.25 SHORETEL PHONE CHRGS-CITY HALL 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC370 03/31/2023 297051 1,003.35 SHORETEL PHONE CHGS-PD 010.4201.5403LEVEL 3 COMMUNICATIONS LLC371 03/31/2023 297052 16,865.70 ELECTRIC-STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO372 03/31/2023 297053 400.00 EGG HUNT 50/50 RAFFLE START CHANGE 010.0000.1033 PETTY CASH373 03/31/2023 297054 300.00 EGG HUNT START CHANGE 010.0000.1033 PETTY CASH374 03/31/2023 297055 23.54 BLDG. MAINTENANCE UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY375 03/31/2023 297055 23.54 UNIFORMS/BUILDING MAINTENANCE 010.4213.5143 PRUDENTIAL OVERALL SUPPLY376 03/31/2023 297055 24.13 CITY HALL MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY377 03/31/2023 297055 27.13 POLICE DEPARTMENT MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY378 03/31/2023 297055 29.88 RECREATION CENTER MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY379 03/31/2023 297055 19.50 PARKS DEPARTMENT MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY380 03/31/2023 297055 45.63 WOMEN'S CLUB MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLYPage 21 of 256
CITY OF ARROYO GRANDECHECK LISTINGMARCH 16 - MARCH 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name381 03/31/2023 297055 $ 15.95 UNIFORMS/AUTO 010.4305.5143 PRUDENTIAL OVERALL SUPPLY382 03/31/2023 297055 15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY383 03/31/2023 297055 19.00 AUTO SHOP TOWELS 010.4305.5303 PRUDENTIAL OVERALL SUPPLY384 03/31/2023 297055 34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY385 03/31/2023 297055 34.76 UNIFORMS/PARKS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY386 03/31/2023 297055 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY387 03/31/2023 297055 22.22 UNIFORMS/SOTO 010.4430.5143 PRUDENTIAL OVERALL SUPPLY388 03/31/2023 297055 31.68 UNIFORMS/STREETS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY389 03/31/2023 297055 31.68 STREET DEPARTMENT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY390 03/31/2023 297055 22.22 SEWER DEPARTMENT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY391 03/31/2023 297055 22.22 UNIFORMS/SEWER 612.4610.5143 PRUDENTIAL OVERALL SUPPLY392 03/31/2023 297055 44.22 UNIFORMS/WATER 640.4712.5143 PRUDENTIAL OVERALL SUPPLY393 03/31/2023 297055 44.22 WATER DEPARTMENT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY394 03/31/2023 297056 300.00 NTC COURSE 4/11-4/14 POST PER DIEM 010.4203.5501 TIMOTHY RAMIREZ395 03/31/2023 297057 465.52 PW-51 ENGINE PERMIT 220.4303.5603 SLO COUNTY AIR POLLUTION396 03/31/2023 297058 20.11 GAS SERVICES-1500 W BRANCH 010.4145.5401 SOCALGAS397 03/31/2023 297058 75.41 GAS SERVICES-215 E BRANCH 010.4145.5401 SOCALGAS398 03/31/2023 297059 75.00 02/23 NEWSLETTER AD 010.4421.5504 SOUTH COUNTY CHAMBERS399 03/31/2023 297059 75.00 03/23 NEWSLETTER AD 010.4421.5504 SOUTH COUNTY CHAMBERS400 03/31/2023 297060 1,233.38 (60) BAGS OF ASPHALT COLD PATCH 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS401 03/31/2023 297061 4,412.78 POSTAGE FOR SUMMER 2023 ACTIVITIES 010.4421.5504 US POSTMASTER402 03/31/2023 297062 26,729.23 2/23 TBID SO CAL MEDIA MARKETING 240.4150.5301 VERDIN MARKETING INK403 03/31/2023 297063 281.25 WSC AG 2021 UWMP PREP FOR URBAN FY 22-23 640.4710.5303 WATER SYSTEMS CONSULTING INC404 03/31/2023 297064 1,934.50 02/23 PROF LEGAL SVC-SM WATER 640.4710.5575 WHITE BRENNER LLP405 03/31/2023 297065 5,190.00 FEE STUDY SERVICES - USER, DEV IMPACT FEES, CAP 010.4120.5303 WILLDAN FINANCIAL SERVICES406 03/31/2023 297066 82.00 UB Refund Cst #00018101 640.0000.2301 BRUCE CARSON407 03/31/2023 297067 136.36 UB Refund Cst #00026961 640.0000.2301 GARY HECKAMN408 03/31/2023 297068 178.11 UB Refund Cst #00027992 640.0000.2301 SUSAN E HEFNER409 03/31/2023 297069 76.49 UB Refund Cst #00027797 640.0000.2301 ALEX TURBOW410 03/31/2023 297070 678.92 AFLAC PRE TAX: Payment 011.0000.2126 AFLAC INSURANCE411 03/31/2023 297071 3,153.50 POLICE DEPT DUES: Payment 011.0000.2116 ARROYO GRANDE POLICE ASSN412 03/31/2023 297072 3,740.00 AG CAREER FIREFIGHTERS ASSN: Payment 011.0000.2115 FIVE CITIES PROF. FIREFIGHTERS413 03/31/2023 297073 43.90 PRE-PAID LEGAL SERVICES: Payment 011.0000.2125 LEGALSHIELD414 03/31/2023 297074 1,259.94 SEIU DUES: Payment 011.0000.2118 S.E.I.U. LOCAL 620 $ 1,845,066.89 Page 22 of 256
.
General Fund 344,092.38 5101 Salaries Full time 233,338.33
Streets Fund 13,797.36 5101 Volunteer Employee Retirement -
American Rescue Plan Act - 5102 Salaries Part-Time - PPT 2,084.54
Sewer Fund 9,748.51 5103 Salaries Part-Time - TPT 17,752.00
Water Fund 23,406.03 5105 Salaries OverTime 10,129.25
391,044.28 5106 Salaries Strike Team OT -
5107 Salaries Standby 1,626.00
5108 Holiday Pay 297.19
5109 Sick Pay 5,377.80
5110 Annual Leave Buyback -
Administrative Services - 5111 Vacation Buyback -
Information Services - 5112 Sick Leave Buyback -
Community Development - 5113 Vacation Pay 3,379.60
Police 7,997.85 5114 Comp Pay 2,111.03
Public Works - Maintenance 1,249.88 5115 Annual Leave Pay 8,446.28
Public Works - Enterprise 881.52 5116 Salaries - Police FTO 415.92
Recreation - Administration - 5121 PERS Retirement 29,781.89
Recreation - Special Events - 5122 Social Security 20,466.33
Children In Motion - 5123 PARS Retirement 257.40
10,129.25 5126 State Disability Ins. 863.04
5127 Deferred Compensation 741.66
5131 Health Insurance 47,207.16
5132 Dental Insurance 2,759.04
5133 Vision Insurance 746.08
5134 Life Insurance 387.88
5135 Long Term Disability 605.82
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 187.54
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 1,095.00
391,044.28
OVERTIME BY DEPARTMENT:
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
03/03/2023 - 03/16/2023
3/24/2023
BY FUND BY ACCOUNT
Page 23 of 256
1 Item 9.b.
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
March 28, 2023, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Mayor Pro Tem
Barneich, Council Member Guthrie, Council
Member Secrest
Council Members Absent: Council Member George
Staff Present: City Clerk Jessica Matson, Interim City
Attorney Isaac Rosen, City Manager Whitney
McDonald, Assistant City Manager/Public
Works Director Bill Robeson, Administrative
Services Director Nicole Valentine,
Community Development Director Brian
Pedrotti, Planning Manager Andrew Perez,
Utilities Manager Shane Taylor
This meeting was conducted in a hybrid in-person/virtual format.
_____________________________________________________________________
1. CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Clerk Matson took roll call.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Ken Teisinger and Anne McCrackin, representing the Arroyo Grande Valley Kiwanis Club, led the flag
salute.
5. AGENDA REVIEW
5.a Closed Session Announcements
Announcement of reportable actions taken, if any, from the following meeting:
Page 24 of 256
2 Item 9.b.
Regular Meeting of March 14, 2023
City Council will announce any action on the following:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code
Section 54956.8:
Property: 400 West Branch Street
Agency negotiators: Whitney McDonald, City Manager; Bill Robeson, Assistant City
Manager/Public Works Director
Negotiating parties: Dev Patel, on behalf of Kamla Hotels
Under negotiation: Price and terms of payment
Interim City Attorney Rosen gave a report on closed session. There was no reportable action.
Special Meeting of March 20, 2023
Public Employee Appointment pursuant to Government Code Section 54957:
Title: City Attorney
City Manager McDonald gave a report on closed session. There was no reportable action.
5.b Ordinances read in title only
None.
6. SPECIAL PRESENTATIONS
6.a Honorary Proclamation Declaring the Month of April 2023 as Month of the Child and Child
Abuse Prevention Month
Mayor Ray Russom read the Honorary Proclamation Declaring the Month of April 2023 as
Month of the Child and Child Abuse Prevention Month. Patty Clarkson, Director, Cal Poly
Preschool Learning Lab and Director, Cal Poly Early Care & Education Strategic Initiatives
accepted the proclamation.
Mayor Ray Russom invited public comment. Speaking from the public was Jill Fitzgerald. No
further public comments were received.
No action was taken on this item.
6.b Introductions of New Firefighters - Cade Posner and Braden Jones
FCFA Chief Lieberman introduced new Firefighters Cade Posner and Braden Jones and
provided an overview of their professional background.
Mayor Ray Russom invited public comment. No public comments were received.
6.c City Manager Communications
City Manager McDonald provided information regarding upcoming events in Arroyo Grande
including Bunny Grams, and the April 8, 2023 Egg Hunt and Festival located at the Arroyo
Grande Elm Street Park; discussed upcoming items for Council consideration; and reported that
Page 25 of 256
3 Item 9.b.
the emergency declaration made by FEMA for the January 2023 storm events does not apply to
the March 2023 storm events and encouraged residents to visit ReadySLO.org to submit March
storm damage.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
7. CITY COUNCIL REPORTS
The City Council provided brief reports from the following committee, commission, board, or other
subcommittee meetings that they attended as the City’s appointed representative.
7.a MAYOR RAY RUSSOM:
1. California Joint Powers Insurance Authority (CJPIA)
2. Central Cost Blue Regional Recycled Water Authority Board
3. San Luis Obispo County Mayor's Meeting
4. South San Luis Obispo County Sanitation District (SSLOCSD)
5. Other
7.b MAYOR PRO TEM BARNEICH:
1. Audit Committee
2. Homeless Services Oversight Council (HSOC)
3. Zone 3 Water Advisory Board
4. Other
7.c COUNCIL MEMBER GEORGE:
1. Five Cities Fire Authority
2. Tourism Business Improvement District Advisory Board
3. Visit SLO CAL Advisory Board
4. Other
7.d COUNCIL MEMBER GUTHRIE:
1. Brisco/Halcyon Interchange Subcommittee
2. County Water Resources Advisory Committee (WRAC)
3. Council of Governments/Regional Transit Authority/ South County Transit
(SLOCOG/SLORTA/SCT)
4. Integrated Waste Management Authority Board (IWMA)
5. REACH Economic Development Roundtable
Page 26 of 256
4 Item 9.b.
6. Other
7.e COUNCIL MEMBER SECREST:
1. Air Pollution Control District (APCD)
2. Brisco/Halcyon Interchange Subcommittee
3. South County Chambers of Commerce Arroyo Grande Business Meeting
4. South County Chambers of Commerce Governmental Affairs Committee
5. Other
8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. No public comments were received.
9. CONSENT AGENDA
Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the
consent agenda for further discussion. There were none.
Mayor Ray Russom invited public comment. No public comments were received.
Moved by Council Member Guthrie
Seconded by Mayor Pro Tem Barneich
Approve Consent Agenda Items 9.a. through 9.h., with the recommended courses of action.
AYES (4): Council Member Guthrie, Mayor Pro Tem Barneich, Council Member Secrest, and Mayor
Ray Russom
ABSENT (1): Council Member George
Passed (4 to 0)
9.a Consideration of Cash Disbursement Ratification
1) Ratified the listing of cash disbursements for the period of February 16 through February 28,
2023. 2) Determined that ratifying the cash disbursements is not a project subject to the
California Environmental Quality Act (“CEQA”) because it has no potential to result in either a
direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA
Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
9.b Approval of Minutes
Approved the minutes of the Regular City Council Meeting of March 14, 2023 and Special City
Council Meeting of March 20, 2023, as submitted.
9.c Appointment of an Alternate Board Member to Serve on the Central Coast Blue Regional
Recycled Water Authority Board for Calendar Years 2023 and 2024
1) Appointed the Mayor Pro Tem to serve as an alternate on the Central Coast Blue Regional
Recycled Water Authority Board for a term of two years beginning March 29, 2023 and ending
Page 27 of 256
5 Item 9.b.
December 31, 2024. 2) Determined that appointing an alternate is not a project subject to the
California Environmental Quality Act (“CEQA”) because it has no potential to result in either a
direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA
Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
9.d Consideration of Adoption of a Resolution Declaring a Continued Local Emergency
Related to the Ongoing Storm Events
1) Adopted a Resolution entitled: "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)"; and 2) Made 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.e Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the Fair Oaks Water Main Replacement, Elm to Alder, Project
1) Approved the construction plans and specifications for the Fair Oaks Water Main
Replacement, Elm to Alder, Project; 2) Authorized the City Clerk to advertise for sealed
construction bids; 3) Found that the project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(b); and 4) Directed the
City Clerk to file a Notice of Exemption.
9.f Consideration of Approval of an Agreement for Consultant Services with Mintier Harnish
for the Comprehensive General Plan Update
1) Approved and authorized the Mayor to execute an Agreement for Consultant Services with
Mintier Harnish to assist the City with the Comprehensive General Plan Update in substantially
final form (subject to minor revisions to effectuate City Council’s intent). 2) Determined that
approving the Agreement 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), and environmental review is contemplated as part of the Comprehensive General
Plan Update for which the Consultant will be employed.
9.g Consider Adoption of a Resolution Terminating the Emergency Related to the FCFA
Station 1 Emergency Generator Replacement Project, PW 2021-09 Pursuant to Public
Contract Code Section 22050(c)(3)
1) Received and filed an update of the emergency generator replacement project at the FCFA
Station 1; 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE DETERMINING THAT EXECUTION OF A CONTRACT
FOR THE FCFA STATION 1 EMERGENCY GENERATOR REPLACEMENT PROJECT, PW
2021-09, HAS TERMINATED THE EMERGENCY ACTION"; and 3) Found that the termination
of the emergency action and the update of the Emergency generator replacement project at
FCFA Station 1 is categorically exempt from the California Environmental Quality Act (“CEQA”)
Page 28 of 256
6 Item 9.b.
under the Class 2 exemption, which applies to the replacement or reconstruction of existing
structures and facilities where the new structure will be located on the same site as the structure
replaced and will have substantially the same purpose and capacity as the structure replaced,
and where none of the exceptions to the exemption apply. (State CEQA Guidelines, § 15302.)
Additionally, the action is exempt under pursuant to State CEQA Guidelines sections
15060(c)(2), 15061(b)(3), and 15378(b)(5).
9.h Monthly Water Supply and Demand Update
Received and filed the Monthly Water Supply and Demand Update.
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
11.a Discussion and Consideration of a Project Status Update and Direction Regarding the
Brisco-Halcyon Interchange Modification Project
Community Development Director Pedrotti acknowledged the Supplemental information
provided, presented the staff report and recommended that the Council receive the project
status report, consider options, and direct staff to pursue the No Project Option. Director
Pedrotti responded to questions from Council.
Mayor Ray Russom invited public comment. Speaking from the public was Stephen
Hanamaikai, San Luis Obispo Council of Governments (SLOCOG). No further public comments
were received.
Moved by Council Member Guthrie
Seconded by Council Member Secrest
Receive the Project status report, consider options, and direct staff to pursue the No Project
Option.
AYES (4): Council Member Guthrie, Council Member Secrest, Mayor Pro Tem Barneich, and
Mayor Ray Russom
ABSENT (1): Council Member George
Passed (4 to 0)
12. NEW BUSINESS
12.a Consideration of a Resolution Approving Arroyo Grande Community Service Grant
Program Allocations for Fiscal Year 2022-23
Planning Manager Perez presented the staff report and recommended that the Council Adopt a
Resolution approving the Arroyo Grande Community Service Grant Program funding allocations
identified in Attachment 1.
Page 29 of 256
7 Item 9.b.
Mayor Ray Russom invited public comment. Speaking from the public was Sarah DeYoung,
CASA; Eileen Costello, AGPA; Nan Bowman, AGPA; Jenny Luciano, BBBS. No further public
comments were received.
Moved by Mayor Pro Tem Barneich
Seconded by Council Member Guthrie
1) Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING ARROYO GRANDE COMMUNITY SERVICE GRANT
PROGRAM PROJECTS FOR FISCAL YEAR 2022-23"; and 2) Determine that adopting the
Resolution 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.)
AYES (4): Mayor Pro Tem Barneich, Council Member Guthrie, Council Member Secrest and
Mayor Ray Russom
ABSENT (1): Council Member George
Passed (4 to 0)
12.b Consideration of a Resolution Rescinding the Declaration of a Stage 1 Water Shortage
Emergency; and Make Findings that Rescinding the Declaration is Not Subject to CEQA
Assistant City Manager/Public Works Director Robeson presented the report and recommended
that the Council adopt a Resolution rescinding the declaration of the Stage 1 Water Shortage
Emergency and related emergency water shortage restrictions and penalties. Director Robeson
and Utilities Manager Shane Taylor responded to questions from Council.
Council discussion ensued regarding the importance for continued conservation as a way of life.
Council Member Guthrie requested that staff include information in the May monthly water
supply report regarding where water savings occurred. Council Member Secrest concurred.
Mayor Ray Russom invited public comment. No public comments were received.
Moved by Council Member Guthrie
Seconded by Mayor Pro Tem Barneich
1) Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE RESCINDING THE DECLARATION OF A STAGE 1 WATER SHORTAGE
EMERGENCY AND RELATED WATER CONSERVATION MEASURES AND
RESTRICTIONS"; and 2) Make findings that adopting the Resolution rescinding the declaration
of the Stage 1 Water Shortage Emergency is not a project subject to the California
Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or
reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines,
§§ 15060, subd. (b)(2)-(3), 15378). Alternatively, this is not a “project” as defined by CEQA
because rescinding the Stage 1 Water Shortage Emergency is merely administrative activity.
(See State CEQA Guidelines, § 15378(b)(2),(4)). For those reasons, the action is exempt from
CEQA.
Page 30 of 256
8 Item 9.b.
AYES (4): Council Member Guthrie, Mayor Pro Tem Barneich, Council Member Secrest, and
Mayor Ray Russom
ABSENT (1): Council Member George
Passed (4 to 0)
13. COUNCIL COMMUNICATIONS
None.
14. CLOSED SESSION
Interim City Attorney Rosen announced that the City Council will recess to a closed session for the
following:
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
Council Member Secrest declared a potential conflict of interest, recused herself and left the meeting.
Mayor Ray Russom invited public comment. No public comments were received.
City Council adjourned to Closed Session at 8:17 p.m. and resumed Open Session at 9:00 p.m.
Interim City Attorney Rosen announced that there was no reportable action.
15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the
meeting at 9:00 p.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk
Page 31 of 256
1
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
April 11, 2023, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Pro Tem Barneich, Council Member
Guthrie, Council Member Secrest
Council Members Absent: Mayor Ray Russom, Council Member George
Staff Present: Deputy City Clerk Sarah Lansburgh, Interim
City Attorney Isaac Rosen, City Manager
Whitney McDonald, Assistant City
Manager/Public Works Director Bill Robeson,
Administrative Services Director Nicole
Valentine, Community Development Director
Brian Pedrotti, Assistant Planner Patrick
Holub
This meeting was conducted in a hybrid in-person/virtual format.
_____________________________________________________________________
1. CALL TO ORDER
Mayor Pro Tem Barneich called the Regular City Council Meeting to order at 6:02 p.m.
2. ROLL CALL
Deputy City Clerk Lansburgh took roll call.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Jim Souza, Knights of Columbus led the flag salute.
5. AGENDA REVIEW
5.a Closed Session Announcements
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Government
Code Section 54956.9(d)(1):
Page 32 of 256
2
Name of Case: Oak Park Estates, HOA v. City of Arroyo Grande, et al. and related actions
Interim City Attorney Rosen announced that there was no reportable action.
5.b Ordinances read in title only
None.
6. SPECIAL PRESENTATIONS
6.a Honorary Proclamation Declaring April 2023 as National Sexual Assault Awareness
Month
Mayor Pro Tem Barneich read the Honorary Proclamation Declaring April 2023 as National
Sexual Assault Awareness Month. Stacy Solome, Lumina Alliance, accepted the proclamation.
Mayor Pro Tem Barneich invited public comment. No public comments were received.
No action was taken on this item.
6.b Honorary Proclamation Declaring April 28, 2023 as Arbor Day
Mayor Pro Tem Barneich read the Honorary Proclamation Declaring April 28, 2023 as Arbor
Day. Bill Robeson, Assistant City Manager/Public Works Director, accepted the proclamation.
Mayor Pro Tem Barneich invited public comment. No public comments were received.
No action was taken on this item.
6.c City Manager Communications
City Manager McDonald provided information regarding the We Heart AG event on April 23rd,
the Halcyon Complete Streets Workshops on April 26th and 27th, the new City newsletter
entitled "Arroyo Grande Gazette"; and discussed upcoming items for Council consideration.
Mayor Pro Tem Barneich invited public comment. No public comments were received.
No action was taken on this item.
7. CITY COUNCIL REPORTS
None.
Reports are made during the Second Council Meeting each month.
8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Pro Tem Barneich invited public comment. Speaking from the public was Manley McNinch. No
further public comments were received.
9. CONSENT AGENDA
Mayor Pro Tem Barneich asked the Council if there were any questions or any items to be pulled from
the consent agenda for further discussion.
Page 33 of 256
3
Council welcomed new City Attorney Rosen and wished prior City Attorney Carmel well in his future
endeavors.
Mayor Pro Tem Barneich invited public comment. No public comments were received.
Moved by Council Member Guthrie
Seconded by Council Member Secrest
Approve Consent Agenda Items 9.a. through 9.k., with the recommended courses of action.
AYES (3): Council Member Guthrie, Council Member Secrest, and Mayor Pro Tem Barneich
ABSENT (2): Mayor Ray Russom, and Council Member George
Passed (3 to 0)
9.a Consideration of Cash Disbursement Ratification
1) Ratified the listing of cash disbursements for the period of March 1 through March 15, 2023;
2) Determined that ratifying the cash disbursements is not a project subject to the California
Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or
reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines,
§§ 15060, subd. (b)(2)-(3), 15378.)
9.b Consideration of Statement of Investment Deposits
1) Received and filed the report listing investment deposits of the City of Arroyo Grande as of
February 28, 2023, as required by Government Code Section 53646(b); 2) Determined that the
statement of Investment report 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
1) Received and filed 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) Determined that the financial 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
1) Awarded 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) Determined that awarding a contract to Tyler
Technologies is not a project subject to the California Environmental Quality Act (“CEQA”)
Page 34 of 256
4
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
1) Adopted a Resolution entitled: "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)"; and 2) Made 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
Appointment of Isaac Rosen as the Arroyo Grande City Attorney
Approved 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
1) Opted into settlement agreement with opioid distributor, Walgreens Co., and direct the City
Manager to execute any documents necessary to implement the action; 2) Opted into
settlement agreement with opioid distributor, Walmart, Inc. and direct the City Manager to
execute any documents necessary to implement the action; 3) Opted 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) Opted 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) Opted 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)
Made findings that adopting the Resolution entitled: "A 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" 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
Cancelled the regularly scheduled Council meeting of July 11, 2023.
Page 35 of 256
5
9.i Annual Update on Military Equipment Pursuant to California AB 481
Received and filed 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
1) Adopted Resolutions entitled: "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"; "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"; and "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". 2) Determined 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.)
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
1) Adopted a Resolution entitled: "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"; 2) Authorized
the Director of Administrative Services to submit the Resolution to the California Transportation
Commission (CTC); and 3) Made 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
Assistant Planner Patrick Holub presented the report and recommended Council receive public
comment and make a recommendation to the Arroyo Grande Public Art Review Panel. Mr.
Holub responded to questions from Council.
Mayor Pro Tem Barneich opened the public hearing. Speaking from the public were Nan
Bowman, Alyssa Manno, Elliott Becker, Kathryn, and Buddy Lowe. Deputy City Clerk
Lansburgh read into the record written comments by Lori Hall. Upon hearing no further public
comments, Mayor Pro Tem Barneich closed the public hearing.
Page 36 of 256
6
Council Members Secrest and Guthrie acknowledged the supplemental information received
and commented on the proposed mural design.
Mayor Pro Tem Barneich read comments from the Architectural Review Committee (ARC) in the
staff report and make comments regarding the mural design.
Mayor Pro Tem Barneich re-opened the public hearing. Speaking from the public were applicant
Alyssa Manno, and Cathy Cartier. Upon hearing no further public comments, Mayor Pro Tem
Barneich closed the public hearing.
Council Member Guthrie made a motion to deny Architectural Review Case 23-006 based on
inconsistencies with the historic guidelines for the Village. Mayor Pro Tem Barneich seconded
the motion. Brief discussion ensued. Mayor Pro Tem Barneich withdrew her second.
Moved by Mayor Pro Tem Barneich
Seconded by Council Member Secrest
Provide direction to applicant and artist to make changes aligned with the Village Historic
Guidelines and bring back to Council for recommendation to the Arroyo Grande Public Art
Panel.
AYES (3): Mayor Pro Tem Barneich, Council Member Secrest, and Council Member Guthrie
ABSENT (2): Mayor Ray Russom, and Council Member George
Passed (3 to 0)
11. OLD BUSINESS
11.a Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022-05
Assistant City Manager/Public Works Director Robeson introduced the report and Joe Ririe
provided a presentation of the 2022 Street Repairs Project. Director Robeson, Director
Valentine and Mr. Ririe responded to questions from Council.
Mayor Pro Tem Barneich invited public comment. No public comments were received.
Moved by Council Member Guthrie
Seconded by Council Member Secrest
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.
AYES (3): Council Member Guthrie, Council Member Secrest, and Mayor Pro Tem Barneich
Page 37 of 256
7
ABSENT (2): Mayor Ray Russom, and Council Member George
Passed (3 to 0)
12. NEW BUSINESS
None.
13. COUNCIL COMMUNICATIONS
Council Member Guthrie complemented the Recreation Services staff on a job well done after another
successful Easter Egg Hunt event.
14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Pro Tem Barneich adjourned
the meeting at 7:52 p.m.
_________________________
Caren Ray Russom, Mayor
_________________________
Jessica Matson, City Clerk
Page 38 of 256
Item 9.c.
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 25, 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.)
BACKGROUND:
As the City Council is aware, in accordance with Section 8.12.060 of the Arroyo Grande
Municipal Code, the City Manager, in her capacity as the Director of Emergency Services,
proclaimed a local emergency on January 18, 2023, regarding the severe January 2 023
winter storms. The City Council ratified the emergency proclamation at its regular meeting
on January 24, 2023.
Page 39 of 256
Item 9.c.
City Council
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency
Related to the Ongoing Storm Events
April 25, 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 proclamations at
the City Council’s January 24, 2023, February 14, 2023, February 28, 2023, March 14,
2023, and March 28, 2023, and April 11, 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 additio nal 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 40 of 256
Item 9.c.
City Council
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency
Related to the Ongoing Storm Events
April 25, 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 accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Resolution
Page 41 of 256
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, April 11, 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 42 of 256
RESOLUTION NO.
PAGE 2
WHEREAS, on January 17, 2023, the Department of Homeland Security amended the
major disaster declaration issued in January 14, 2023 related to the January 2023 storm
events to add San Luis Obispo County as an affected county, enabling Arroyo Grande
residents who had damage or losses from the storms to apply for Federal Emergency
Management Agency (FEMA) disaster assistance; 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 43 of 256
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___________, seconded by Council Member
________, and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 25th day of April, 2023.
Page 44 of 256
RESOLUTION NO.
PAGE 4
CAREN RAY RUSSOM, MAYOR
AT TEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
Page 45 of 256
Item 9.d.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Steve Kahn, Interim City Engineer
SUBJECT: Acceptance of Oak Park Boulevard Drainage Repairs Project PW 2020-
04
DATE: April 25, 2023
SUMMARY OF ACTION:
Accept the Oak Park Boulevard Drainage Repairs Project (Project) and begin the one-
year warranty period for defects that may arise.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The final contract and change orders for the Project resulted in a total construction cost
of $265,441.29 to the City, $238,679 for the direct contract amount and $26,762.29 for
additional material quantities placed and field change or ders. The contract was included
as part of the FY 2021-22 Capital Improvement Program budget and was funded by
revenue from the American Rescue Plan Act (ARPA). The recommended action will not
impact staff resources.
RECOMMENDATION:
1) Accept the project improvements as constructed by Raminha Construction, Inc. in
accordance with the plans and specifications for the Oak Park Boulevard Drainage
Repairs Project, PW 2020-04; 2) Direct staff to file a Notice of Completion; and 3)
Authorize release of retention, thirty-five (35) days after the Notice of Completion has
been recorded if no liens have been filed.
BACKGROUND:
During a rain event at the end of December 2019, Public Works crews responded to
flooding on El Camino Real east of Oak Park Boulevard. Investigations revealed the
flooding was caused by storm drain system failures along Oak Park Boulevard and El
Camino Real. These failures caused substantial soil and debris deposits in the storm
drain pipes and box culvert and created a large a void surrounding a manhole on Oak
Park Boulevard at El Camino Real. A semi-permanent lane closure was established to
direct traffic away from the area of the void.
Page 46 of 256
Item 9.d.
City Council
Acceptance of Oak Park Boulevard Drainage Repairs Project PW 2020-04
April 25, 2023
Page 2
On January 14, 2020, the City Council established an emergency repair project for the
storm drain system on Oak Park Boulevard at El Camino Real.
On June 28, 2022, the City Council approved construction plans and specifications for
the Oak Park Drainage Repairs Project, PW 2020-04, to complete permanent
improvements that would address long-term drainage needs along Oak Park Boulevard
and El Camino Real. In general, the project includes removing and replacing an existing
drainage inlet, installing a new manhole, concrete junction boxes, installing a new HDPE
pipe within the City and Caltrans right-of-way, and connecting the drainage piping to an
existing box culvert within the Highway 101 right-of-way. Additional project components
include restoring landscaping, providing traffic control, storm water control, and complying
with the provisions of the Caltrans Permit.
On August 24, 2022, the City Council awarded a construction contract to perform the Oak
Park Boulevard Drainage Repairs Project to Raminha Construction, Inc. in the amount of
$238,679 and authorized the City Manager to approve additional material quantities
placed and field change orders in the amount of $26,762.29. The contractor’s final
construction cost for the project is $265,441.29. Construction of the project was deemed
substantially complete on February 20, 2023.
ANALYSIS OF ISSUES:
The contractor has completed the work in accordance with the approved plans and
specifications within the contract time, under the available budget, and there are no
outstanding issues. It is, therefore, recommended that the City accept the Oak Park
Drainage Repairs Project and begin the one-year warranty period for defects that may
arise.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. 1) Accept the project improvements as constructed by Raminha Construction, Inc.
in accordance with the plans and specifications for the Oak Park Boulevard
Drainage Repairs Project, PW 2020-04; 2) Direct staff to file a Notice of
Completion; and 3) Authorize release of retention, thirty-five (35) days after the
Notice of Completion has been recorded, if no liens have been filed;
2. Do not accept the project;
3. Accept the project but do not authorize release of retention; or
4. Provide other direction to staff.
ADVANTAGES:
The project is complete and accepting the improvements will allow staff to close out the
project. Upgrading the capacity of the storm drainage sys tem alleviates flooding issues
at El Camino Real and conveys storm water in a volume and in distribution flow approved
by Caltrans.
Page 47 of 256
Item 9.d.
City Council
Acceptance of Oak Park Boulevard Drainage Repairs Project PW 2020-04
April 25, 2023
Page 3
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required to accept the project.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Notice of Completion
Page 48 of 256
ATTACHMENT 1
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF ARROYO GRANDE
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner or agent of owner of the interest or estate or the property hereinafter described as stated below.
2. The FULL NAME of the OWNER is: The City of Arroyo Grande
3. The FULL ADDRESS of the OWNER is: 300 East Branch Street, Arroyo Grande, California 93420
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee
5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as
JOINT TENANTS or as TENANTS IN COMMON are:
NAMES ADDRESSES
None
6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR’S in interest of the undersigned if the property was
transferred subsequent to the commencement of the work of improvements herein referred to:
NAMES ADDRESSES
None
7. All work of improvement on the property hereinafter described was COMPLETED February 20, 2023
8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:
Raminha Construction, Inc.
9. The street address of said property is: Vicinity of the El Camino Real and Oak Park Interchange
10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo,
State of California, and is described as follows: City and Caltrans right of way
Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California
that I am the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that I have read the
said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct.
_________________________________________________
Bill Robeson, Public Works Director
April 25, 2023, Arroyo Grande, California
-- END OF DOCUMENT --
Page 49 of 256
Item 9.e.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Ron Simpson, Public Works Manager
SUBJECT: Consideration of Approval of an Agreement for Traffic Signal
Maintenance with Lee Wilson Electric Company
DATE: April 25, 2023
SUMMARY OF ACTION:
Approval of an agreement for traffic signal maintenance with Lee Wilson Electric
Company.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Funds for this agreement are included in the current FY 2022-23 Budget. Funding for
years beyond the 2-year term will be budgeted for in those subsequent years. The terms
of the signed agreement provide for an extended two (2)-year periods after the initial term.
All terms and conditions, including costs of the initial agreement, shall apply to any
additional two (2) year terms. The estimated first year cost of this 2-year agreement will
be $26,370 and the estimated cost for the initial two-year term of the agreement is
$52,740. No, or minimal, future staff time is projected to oversee the contract.
RECOMMENDATION:
1) Approve a 2-year agreement with Lee Wilson Electric Company for traffic signal
maintenance with the option of two (2) 2-year extensions; and 2) Determine that
approving an agreement for traffic signal maintenance is categorically exempt from the
California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which
applies to the repair, maintenance, or minor alteration of existing structures, facilities,
mechanical equipment, or topographical features, among others, where the project
involves negligible or no expansion of existing or former use(State CEQA Guidelines, §
15301), and further finds that none of the exceptions set forth in State CEQA Guidelines
section 15300.2 apply.
BACKGROUND:
The City contracts for services to maintain fifteen (15) existing traffic signals. Lee Wilson
Electric Company. has been performing this service for the last 30+ years. Signal
maintenance includes routine inspection of the equipment including the signal heads,
Page 50 of 256
Item 9.e.
City Council
Consideration of Approval of an Agreement for Traffic Signal Maintenance with
Lee Wilson Electric Company
April 25, 2023
Page 2
lamps, inductor loops, and pedestrian push buttons , and cleaning of the signal control
cabinet for the intersections listed in Section “D” of the Proposal form, page 9.
On March 6, 2023, a Request for Proposals (RFP) was advertised and posted on the
City’s website for maintenance of the fifteen existing traffic signals. Two proposals were
submitted by the RFP due date of March 27, 2023, at 3:00 pm. Lee Wilson Electrical Inc.
and Earthbound Electric Inc. were the two companies that submitted proposals.
ANALYSIS OF ISSUES:
Upon review of the proposals submitted it was found that Lee Wilson Electric Company.
met the requirements of the RFP and was also the lowest bidder. The Bid Opening Log
Sheet (Attachment 2) shows the monthly costs submitted by the 2 service providers. Page
2 of the attachment shows the monthly sub-total for the lowest bid from Lee Wilson
Electric at $2,197.50 per month which equals $52,740 for the 2-year contract. The other
bid was at a monthly cost of $3,820.25 or $91,686 for 2 years. Staff recommends that a
new two-year agreement with Lee Wilson Electric Company be approved based on their
bid, knowledge and experience with the City’s traffic signal system, past performance,
and timely emergency response.
The traffic signals which will be serviced under the agreement are: (1) East Grand Avenue
at Elm Street, (2) East Grand Avenue at Halcyon Road, (3) Halcyon Road at Fair Oaks
Avenue, (4) East Grand Avenue at Courtland Street, (5) East Grand Avenue Pedestrian
Crossing, (6) Oak Park at James Way, (7) N. Oak Park Boulevard at El Camino Real, (8)
Oak Park at West Branch, (9) West Branch Street at Rancho Parkway, (10) El Camino
Real at Brisco Road, (11) West Branch at Town Center Drive, (12) Fair Oaks at Valley
Road, (13) Mason Street at East Branch Street, (14) Traffic Way at West Branch Street,
(15) Traffic Way at Fair Oaks. The scope of services is more particularly described in
Exhibit D of Attachment 1.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve an agreement with Lee Wilson Electric Company;
2. Do not approve an agreement with Lee Wilson Electric Company; or
3. Provide other direction to staff.
ADVANTAGES:
Approval of the Contractor Service Agreement will allow for uninterrupted maintenance
of the City’s fifteen (15) traffic signals.
DISADVANTAGES:
No disadvantages have been identified.
Page 51 of 256
Item 9.e.
City Council
Consideration of Approval of an Agreement for Traffic Signal Maintenance with Lee
Wilson Electric Company
April 25, 2023
Page 3
ENVIRONMENTAL REVIEW:
The City’s action in approving the recommended contract is categorically exempt from
the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which
applies to the repair, maintenance, or minor alteration of existing structures, facilities,
mechanical equipment, or topographical features, among others, where the project
involves negligible or no expansion of existing or former use (State CEQA Guidelines, §
15301), and further finds that none of the exceptions set forth in State CEQA Guidelines
section 15300.2 apply.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Contractor Services Agreement
2. Bid Opening Log Sheet
Page 52 of 256
ATTACHMENT 1
Page 1
AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT FOR CONTRACTOR SERVICES (“Agreement”), is made and
effective as of ______________ 2023, between Lee Wilson Electric Company, Inc.
(“Contractor”), 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 April 25, 2023 and shall remain and continue
in effect until April 24th, 2025, unless sooner terminated pursuant to the provisions of this
Agreement. The City shall have the sole option to extend this Agreement for two (2) two-
year periods. If the City elects to exercise this option, it shall give written notice not later
than 90 days before the expiration of the current term. All terms and conditions of this
Agreement shall continue to be applicable during said extension unless the parties
mutually agree in writing upon any changes.
2. SERVICES
Contractor 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
Contractor shall at all times faithfully, competently and to the best of his/her ability,
experience and talent, perform all tasks described herein. Contractor shall employ, at a
minimum generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its
obligations under this Agreement.
4. AGREEMENT ADMINISTRATION
City’s Public Works Director shall represent City in all matters pertaining to the
administration of this Agreement. Kalli Osborne, CEO, shall represent Contractor in all
matters pertaining to the administration of this Agreement.
5. PAYMENT
The City agrees to pay the Contractor in accordance with the payment rates and
terms set forth in Exhibit “B”, attached hereto and incorporated herein by this reference.
Page 53 of 256
ATTACHMENT 1
Page 2
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 Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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 Contractor 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 Contractor 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 Contractor’s business; or
(c) Assignment of this Agreement by Contractor without the consent of City.
(d) End of the Agreement term specified in Section 1.
8. DEFAULT OF CONTRACTOR
(a) The Contractor’s failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall
not be considered a default.
(b) If the City Manager or his/her delegate determines that the Contractor 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 Contractor a written notice of the default. The
Contractor 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 Contractor 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.
Page 54 of 256
ATTACHMENT 1
Page 3
9. LAWS TO BE OBSERVED. Contractor 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 Contractor under this Agreement;
(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 Contractor’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 Contractor to comply with this Section.
10. OWNERSHIP OF DOCUMENTS
(a) Contractor 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. Contractor 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. Contractor 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
Contractor. With respect to computer files, Contractor shall make available to the City, at
the Contractor’s office and upon reasonable written request by the City, the necessary
Page 55 of 256
ATTACHMENT 1
Page 4
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contractor’s Services, to the fullest extent permitted by
law, Contractor 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 Contractor, its officers, agents, employees or subContractors (or any entity
or individual that Contractor 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, Contractor
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 Contractor or by any individual or entity for
which Contractor is legally liable, including but not limited to officers, agents, employees
or subContractors of Contractor.
(c) General Indemnification Provisions. Contractor 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 Contractor in the performance of this agreement. In the event Contractor fails to
obtain such indemnity obligations from others as required here, Contractor 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 Contractor and
shall survive the termination of this agreement or this section.
12. INSURANCE
Contractor 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.
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Page 5
13. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor’s exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Contractor or any of Contractor’s officers, employees, or agents, except as set forth in
this Agreement. Contractor 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. Contractor 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 Contractor in connection with
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
14. UNDUE INFLUENCE
Contractor 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 Contractor, or from any officer, employee or agent of Contractor, 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 Contractor in performance of this Agreement shall be
considered confidential and shall not be released by Contractor without City’s prior written
authorization. Contractor, its officers, employees, agents, or subContractors, shall not
without written authorization from the City Manager or unless requested by the City
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ATTACHMENT 1
Page 6
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 Contractor gives
City notice of such court order or subpoena.
(b) Contractor shall promptly notify City should Contractor, 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 Contractor
and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to
cooperate fully with City and to provide the opportunity to review any response to
discovery requests provided by Contractor. 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
Bill Robeson, Public Works Director
300 E. Branch Street
Arroyo Grande, CA 93420
To Contractor: Lee Wilson Electric Company, Inc.
Kalli Osborne, CEO
PO Box 250
Arroyo Grande, CA 93421
18. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part
thereof, without the prior written consent of the City.
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19. GOVERNING LAW
The City and Contractor 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.
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 Contractor agree that time is of the essence in this Agreement.
22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Contractor 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 Contractor, Exhibit “A”, 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.
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ATTACHMENT 1
Page 8
25. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE CONTRACTOR
By:__________________________ By:____________________________
Caren Ray Russom, Mayor Kalli Osborne
Its:____________________________
Attest: (Title)
____________________________
Jessica Matson, City Clerk
Approved As To Form:
_____________________________
Isaac Rosen, City Attorney
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ATTACHMENT 1
Page 9
EXHIBIT A
CONTRACTOR’S PROPOSAL
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EXHIBIT B
PAYMENT SCHEDULE
Contractor shall be paid for actual work performed in accordance with Contractor’s
Proposal. However, the total compensation paid to Contractor shall not exceed $52,740.
Contractor will invoice City no more than monthly. Each invoice will reference job order,
components, and specific services. City shall mail payment for the net amount of
uncontested invoices no later than thirty (30) days after receipt of each invoice by the
City. Any past due balances under this Agreement shall bear interest at the rate of 1.5
percent per month (18.0 annual percentage rate) on unpaid balances.
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EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Contractor agrees to amend, supplement or
endorse the existing coverage to do so. Contractor 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.
Contractor 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 Contractor owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Contractor or Contractor’s employees will use personal autos in any
way on this project, Contractor 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.
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 Contractor 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.
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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 Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor 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.
Contractor also agrees to require all Contractors, and subContractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor’s employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Contractors
and subContractors to do likewise.
3. All insurance coverage and limits provided by Contractor 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.
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 Contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contractor 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 Contractor’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 Contractor or deducted from sums due Contractor, at City option.
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8.Certificate(s) are to reflect that the insurer will provide 30 days notice to City
of any cancellation of coverage. Contractor 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 Contractor 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. Contractor agrees to ensure that subContractors, and any other party
involved with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor. Contractor 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. Contractor
agrees that upon request, all agreements with subContractors and others engaged in the
project will be submitted to City for review.
11. Contractor 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 Contractor, 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 Contractor’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 Contractor, 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 Contractor ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, 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. Contractor acknowledges and agrees that any actual or alleged failure on
the part of City to inform Contractor 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.
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15. Contractor 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. Contractor 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 Contractor’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 Contractor under this agreement. Contractor 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.
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. Contractor 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
Contractor 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. Contractor agrees to provide immediate notice to City of any claim or loss
against Contractor 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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EXHIBIT D
CITY’S REQUEST FOR PROPOSALS
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REQUEST FOR PROPOSALS
(RFP)
TRAFFIC SIGNAL MAINTENANCE
AND OPERATION SERVICES
Deliver to:
City of Arroyo Grande
1375 Ash Street
Arroyo Grande, CA 93420
Attention: Bill Robeson
Director of Public Works
March 07, 2023
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RFP for Traffic Signal Maintenance and Operation Services Page 1
The City of Arroyo Grande is requesting proposals for Traffic Signal Maintenance and
Operation Services. All proposals must be received by the Arroyo Grande Public Works
Department at 1375 Ash Street, Arroyo Grande, CA 93420 by 3:00 P.M. on Tuesday,
March 27, 2023.
Proposals received after said time will not be considered. To guard against premature
opening, each proposal package must be submitted to the Arroyo Grande Public Works
Department in a sealed envelope plainly marked with the:
Request Title
Consultant’s Name
Time and Date of the Proposals Opening
Proposals must be submitted using the forms provided in the request. Provide one (1)
copy of your proposal package and one (1) Adobe Acrobat Portable Document Format
(PDF) file of the proposal on flash drive or compact disk.
Obtaining a Request Package
Download from the City’s Web site:
http://www.arroyogrande.org/Bids.aspx
Questions
Contact Ron Simpson at (805) 473-5488 or rsimpson@arroyogrande.org with any
questions regarding this Request for Proposals.
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SECTION A - DESCRIPTION OF WORK ..................................................................................................... 3
SECTION B - GENERAL TERMS AND CONDITIONS ................................................................................ 4
PROPOSAL REQUIREMENTS ................................................................................................................ 4
CONTRACT AWARD AND EXECUTION ................................................................................................. 6
SECTION C - PROPOSAL CONTENT AND SELECTION PROCESS ........................................................ 7
PROPOSAL CONTENT ............................................................................................................................ 7
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................. 7
SECTION D – BID FORM ……………………………………………………………………………………...…..9
SECTION E- FORMS OF AGREEMENT .................................................................................................. 11
EXHIBIT A – CITY OF ARROYO GRANDE ........................................................................................... 19
SECTION E - PROPOSAL SUBMITTAL FORMS ...................................................................................... 25
ACKNOWLEDGEMENT ......................................................................................................................... 25
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................... 26
REFERENCES ....................................................................................................................................... 27
NON-LOBBYING CERTIFICATION ....................................................................................................... 30
DEBARMENT AND SUSPENSION CERTIFICATION ........................................................................... 30
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SECTION A - DESCRIPTION OF WORK
The City of Arroyo Grande is looking for a contractor/consultant interested in providing
Traffic Signal Maintenance and Operation Services at specified intersections within the
municipal boundaries of the Cities of Arroyo Grande.
Maintenance
Maintenance goals are as follows:
1. Keep every traffic signal system in effective operation in accordance with its
predetermined timing schedule;
2. Check the operation of the controller assembly frequently enough to verify that it
is operating in accordance with the predetermined timing schedule; and
3. Maintain a record of all signal maintenance and timing changes.
The following intersections must be reviewed and maintained on a monthly basis:
LIST OF TRAFFIC SIGNALS
1. East Grand Avenue at Elm Street
2. East Grand Avenue at Halcyon Road
3. Halcyon Road at Fair Oaks Avenue
4.East Grand Avenue at Courtland Street
5. East Grand Avenue Pedestrian Crossing
6. Oak Park at James Way (Arroyo Grande - 50%; Pismo Beach - 50%)
7.N. Oak Park Boulevard at El Camino Real (Arroyo Grande - 50%; Grover Beach - 50%)
8.Oak Park at West Branch (Arroyo Grande - 62.5%; Pismo Beach - 37.5%)
9. West Branch Street at Rancho Parkway
10. El Camino Real at Brisco Road
11. West Branch at Town Center Drive
12. Fair Oaks at Valley Road
13. Mason Street at East Branch Street
14. Traffic Way at West Branch Street
15. Traffic Way at Fair Oaks
CONTRACTOR ROUTINE MAINTENANCE RESPONSIBILITY
Monthly Frequency: The Contractor shall perform routine inspection of equipment on a
monthly basis, including:
1. Inspect, clean and vacuum cabinets;
2. Clean and vacuum filters and replace as necessary;
3. Inspect and clean all lamps and replace as necessary;
4. Inspect and clean all heads, back plates and visors;
5. Inspect all traffic loops;
6. Check operation of all pedestrian push buttons;
7. Maintain the appearance of the signal displays and equipment;
8. Verify during period of failure traffic signal defaults to flash mode;
9. Check batteries and cabinets; and
10. Complete detailed log entries of all maintenance activities in controller log.
Bi-annual Frequency: The Contractor shall perform and provide documentation of a
Conflict Monitor Test every six (6) months. The Contractor will provide the individual
agencies a schedule in advance of Conflict Monitor testing. The cost for Conflict Monitor
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RFP for Traffic Signal Maintenance and Operation Services Page 4
testing will be included in the monthly charge and will not be billed separately. Results
of the Conflict Monitor Test will be provided to the individual agencies within a month
following the test.
Call-out Charges:
Contractor is to respond to all routine calls for service within twenty-four (24) hours and
to emergency calls within one (1) hour. Travel time charges for non-routine repairs are
limited to no more than one (1) Technician, for no more than a total round-trip charge of
two (2) hours, for each separate non-routine service call. All non-routine service calls
are to be invoiced on a time and materials basis using the call out rate for business hours
and/or after-hours rate. The contractor will document the call-out date and time and the
arrival time on the job site for each call-out and will provide this information to the Agency
on any and all invoices that include non-routine call-out charges.
General Service Level Expectations
The contractor shall provide:
1. Properly skilled maintenance personnel available without undue delay for all signal
malfunctions and signal indication failures;
2. Provide spare equipment to minimize the interruption of traffic control signal
operation as a result of equipment failure; and
3. Provide for the availability of properly skilled maintenance personnel for the repair
of all components.
Term of the Contract/ Contract Duration
Contract duration is two (2) years. By mutual consent from the individual municipal
agencies and the Contractor, the agreement may be extended for two (2) separate two
(2) year terms.
SECTION B - GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1.Requirement to Meet All Provisions. Each individual or firm submitting a proposal
(Consultant) shall meet all of the terms, and conditions of the Request for Proposal
(RFP). By virtue of its proposal submittal, the Consultant acknowledges agreement
with and acceptance of all provisions of the RFP specifications.
2.Proposal Submittal. Proposal must be submitted on the form(s) provided and
accompanied by any other required submittals or supplemental materials. The
proposal documents must be enclosed in an envelope that shall be sealed and
addressed to the Public Works Department, City of Arroyo Grande, 1375 Ash Street,
Arroyo Grande, CA, 93420. One electronic copy of the proposal shall be submitted in
Adobe Acrobat format on CD or flash drive. In order to guard against premature
opening, the proposal should be clearly labeled with the request title, request number,
name of Consultant, and date and time of proposal opening. No FAX submittals will
be accepted.
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3.Submittal of References. Each proposer shall submit a list of three public agency
references on the form provided in the RFP package.
4.Statement of Contract Disqualifications. Each proposer shall submit a statement
regarding any past government disqualifications on the form provided in the RFP
package.
5.Proposal Withdrawal and Opening. A Consultant may withdraw its proposal,
without prejudice prior to the time specified for the proposal opening, by submitting a
written request to the Director of Public Works for its withdrawal, in which event the
proposal will be returned to the Consultant unopened. No proposal received after the
time specified or at any place other than that stated in the "Notice Requesting
Proposals" will be considered.
6.Submittal of One Proposal Only. No individual or business entity of any kind shall
be allowed to make or file, or to be interested in more than one proposal, except an
alternative proposal when specifically requested; however, an individual or business
entity that has submitted a sub-proposal to a Consultant submitting a proposal, or who
has quoted prices on materials to such Consultant, is not thereby disqualified from
submitting a sub-proposal or from quoting prices to other Consultants submitting
proposals.
7.Communications. All timely requests for information submitted in writing will receive
a written response from the City. Telephone communications with City staff are not
encouraged, but will be permitted. However, any such oral communication shall not
be binding on the City.
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CONTRACT AWARD AND EXECUTION
8. Proposal Retention and Award. The City reserves the right to retain all proposals
for a period of 60 days for examination and comparison. The City also reserves the
right to waive non-substantial irregularities in any proposal, to reject any or all
proposals, to reject or delete one part of a proposal and accept the other, except to
the extent that proposals are qualified by specific limitations. See the "Special Terms
and Conditions" in Section C for proposal evaluation criteria.
9. Competency and Responsibility of Contractor. The City reserves full discretion to
determine the competence and responsibility, professionally and/or financially, of
Contractor. Contractor will provide, in a timely manner, all information that the City
deems necessary to make such a decision.
10. Contract Requirement. The Contractor to whom award is made (Consultant) shall
execute a written contract with the City of Arroyo Grande within ten (10) calendar days
after notice of the award has been sent by mail to it at the address given in its proposal.
The contract shall be made in the form adopted by the City of Arroyo Grande in this
request, without modification.
11. Insurance Requirements. The Contractor shall provide proof of insurance in the
form, coverages and amounts specified in this request within ten (10) calendar days
after notice of contract award as a precondition to contract execution.
12. Business License & Tax. The Contractor must have a valid business license and
tax certificate for all Agencies before execution of the contract.
13. Failure to Accept Contract. The following will occur if the Contractor to whom the
award is made (Contractor) fails to enter into the contract: the award will be annulled,
and an award may be made to the next highest ranked Consultant.
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SECTION C - PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a.Proposal Form- Section D
b.Acknowledgement- Section E
c.References- Section E
d.Statement of Past Disqualifications- Section E
2. Qualifications
e.Experience of the firm in performing Traffic Signal Maintenance and Operation
Services.
f.Experience of the staff to be assigned to this work in performing similar services.
g.Redundancy in the company of staff experienced in this type of work.
h.Resumes of the individuals who would be assigned to this work.
i.Proximity and staffing levels of the nearest company office.
j.Statement and explanation of any instances where the firm has been removed
from a project or disqualified from proposing on a project.
k.Standard hourly billing rates for consultant and sub-consultant staff.
l.Detailed list of services available directly from the firm.
3. Work Program
m.Description of your approach to working with Agency staff.
n.Services or data anticipated to be provided by the Agency.
o.Any other information that would assist us in making this contract award decision.
4. Proposal Length and Copies
p.Proposals should be the minimum length to provide the required information, but
not more than twenty (20) pages. Charts and other short form approaches to
conveying information are encouraged.
q.One (1) copy of the proposal must be submitted.
r.One (1) Adobe Acrobat PDF electronic copy.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and contract award process as
follows:
5. Written Proposal Review/Finalist Candidate Selection
Evaluation of the proposals will be based on the following qualifications:
1. Responsiveness to RFP;
2. Quantity, quality and relevance of the firm’s experience and resources;
3. References; and
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4. Cost of services provided.
Proposals will be reviewed by a selection committee and ranked in accordance with
the above criteria. Where one or more proposals are rated consistently higher than
others, the consultants may be selected as the top ranked consultants for purposes
of contract negotiation.
5. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract
award:
Issue RFP ...................................... March 07, 2023
Receive proposals ......................... March 27, 2023
Complete proposal evaluation ....... March 31, 2023
Award contract .................................. April 11, 2023
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SECTION D – PROPOSAL FORM – Page 1
LIST OF TRAFFIC SIGNALS
CITY OF ARROYO GRANDE PER MONTH FACTOR TOTAL
con
1. East Grand Avenue at Elm Street ________ x 1 ________
2. East Grand Avenue at Halcyon Road ________ x 1 ________
3. Halcyon Road at Fair Oaks Avenue ________ x 1 ________
4. East Grand Avenue at Courtland Street ________ x 1 ________
5. East Grand Avenue Pedestrian Crossing ________ x 1 ________
6. Oak Park at James Way ________ x .5 ________
7. N. Oak Park Boulevard at El Camino Real ________ x .5 ________
8. Oak Park at West Branch ________ x .625 ________
9. West Branch Street at Rancho Parkway ________ x 1 ________
10. El Camino Real at Brisco Road ________ x 1 ________
11. West Branch at Town Center Drive ________ x 1 ________
12. Fair Oaks at Valley Road ________ x 1 ________
13. Mason Street at East Branch Street ________ x 1 ________
14. Traffic Way at West Branch Street ________ x 1 ________
15. Traffic Way at Fair Oaks ________ x 1 ________
MONTHLY SUB-TOTAL _________
HOURLY CALL-OUT RATE- ONE TECHNICIAN (business hours) _________
HOURLY CALL-OUT RATE- ONE TECHNICIAN (After-hours @ 1.5) _________
HOURLY CALL-OUT RATE- VEHICLE CHARGE (All-hours) _________
(NOTE: THE MONTHLY SUB-TOTAL ARE TO BE TRANSFERRED TO PAGE TWO (2) OF THE BID
FORM BELOW)
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SECTION D – BID FORM – Page 2
CITY OF ARROYO GRANDE MONTHLY SUB-TOTAL ___________
TOTAL MONTHLY COST- A.___________
HOURLY CALL-OUT RATE-
ONE TECHNICIAN (After-hours @ 1.5) X 3 hours=B. ___________
HOURLY CALL-OUT RATE-
VEHICLE CHARGE (All-hours) X 3 hours= C. ___________
TOTAL BID AMOUNT*:___________
(Add lines A. B. and C.)
*- Total monthly cost and the total cost of a three hour After-hours @ 1.5, Non-
routine Call-out.
NOTES:
Contract award is not solely based on cost. However, an evaluation based
on total monthly cost and the total cost of a three-hour after-hours, non-
routine call-out will be utilized for comparison purposes.
Contractors are responsible to submit a list along with the Section D
Proposal Form of any hourly charges for equipment or other specialized
vehicles that may be charged for non-routine Call-outs.
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SECTION E.a – SAMPLE FORM OF AGREEMENT (City of Arroyo
Grande)
CITY OF ARROYO GRANDE
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 ___________, 2025 unless sooner terminated pursuant to the
provisions of this Agreement. This Agreement may be extended for two (2) additional two
(2) year periods after the Initial Term upon written agreement by City and Consultant. All
terms and conditions of this Agreement shall apply to any additional two (2) year terms.
2. SERVICES
Consultant shall perform the tasks described and comply with all terms and
provisions set forth in the City’s Request For Proposals, Exhibit “A” and Consultant’s
Proposal, Exhibit “B”, and 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
The Director of Public Works 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 Consultant’s Proposal, Exhibit “B”, attached hereto and incorporated
herein by this reference. The Consultant must correct any errors or omissions to work at
no additional cost to the City.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
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(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 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 Initial Term specified in Section 1, unless otherwise
extended.
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.
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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;
(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 five (5)
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. Upon request by City, Consultant shall make available all work
papers and reports to any successor auditor in a timely manner.
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11.INDEMNIFICATION
(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 “SECTION D – EXHIBIT “C” of the
Request for PROPOSALS. 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.
(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
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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
Director of Public Works
300 East 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.
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
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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. Time
constraints are selection factors on individual service request. The consultant must start
work within two weeks from receipt of a written authorization to proceed unless an
alternate timeframe has been agreed upon. The City expects the work to be actively
pursued until complete.
22.CONTENTS OF REQUEST FOR PROPOSAL
Consultant is bound by the contents of the City’s Request for Proposals, Exhibit
“A”, attached hereto and incorporated herein by this reference, and the contents of the
proposal submitted by the Consultant 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:
_____________________________
City Attorney
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EXHIBIT A - CITY’S REQUEST FOR PROPOSALS
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EXHIBIT B - CONSULTANT’S PROPOSAL
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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 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 $1,000,000 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
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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. 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.
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
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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. The insurer will provide 30 days notice to City of any cancellation of coverage.
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 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
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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.
19. These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as
such.
20. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Consultant for
the cost of additional insurance coverage required by this agreement. Any such
provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Page 103 of 256
RFP for Traffic Signal Maintenance and Operation Services Page 25
S
CITY OF ARROYO GRANDE
SECTION F - PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined this Request for Proposals
Is thoroughly familiar with its content
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email: Fax:Phone:
Signature of Authorized Representative: Date:
Page 104 of 256
RFP for Traffic Signal Maintenance and Operation Services Page 26
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a
proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from
bidding on, or completing a federal, state, or local government project because of the
violation of law, a safety regulation, or for any other reason, including but not limited to
financial difficulties, project delays, or disputes regarding work or product quality, and if
so to explain the circumstances.
Do you have any disqualification as described in the above
paragraph to declare?
Yes No
If yes, explain the circumstances.
Executed on ______________________at
_______________________________________ under penalty of perjury of the laws of
the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
Page 105 of 256
RFP for Traffic Signal Maintenance and Operation Services Page 27
REFERENCES
Number of years engaged in providing the services included within the scope of the
specifications under the present business name: _________
Describe fully the last three contracts performed by your firm that demonstrate your ability
to provide the services included with the scope of the specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Page 106 of 256
RFP for Traffic Signal Maintenance and Operation Services Page 28
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Page 107 of 256
RFP for Traffic Signal Maintenance and Operation Services Page 29
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Page 108 of 256
RFP for Traffic Signal Maintenance and Operation Services Page 30
NON-LOBBYING CERTIFICATION
The prospective participant certifies by signing and submitting this bid or proposal to the
best of his or her knowledge and belief that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer
or employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he
or she shall require that the language of this certification be included in all lower-tier
subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and
disclose accordingly.
DEBARMENT AND SUSPENSION CERTIFICATION
The Consultant certifies under penalty of perjury under the laws of the State of California,
that the Consultant has complied with Title 49, Code of Federal Regulations, Part 29,
Debarment and Suspension Certificate, which certifies that he/she or any person
associated therewith in the capacity of owner, partner, director, officer or manager, is not
currently under suspension, debarment , voluntary exclusion, or determination of
ineligibility by any federal agency; has not been suspended, debarred, voluntarily
excluded or determined ineligible by any federal agency with the past three years; does
not have a proposed debarment pending, and has not been indicted, convicted or had a
civil judgment rendered against it by a court of competent jurisdiction in any matter
involving fraud or official misconduct within the past three years. Any exception to this
certification must by disclosed to the City. Exception will not necessarily result in denial
of recommendation for award, but will be considered in determining the Consultants
responsibility. Disclosures must indicate to who exceptions apply, initiating agency and
dates of action.
Page 109 of 256
RFP for Traffic Signal Maintenance and Operation Services Page 31
Do you have any exceptions as described in the above paragraph
to declare?
Yes No
If yes, explain the circumstances.
Executed on ______________________at
_______________________________________ under penalty of perjury of the laws of
the State of California, that the foregoing is true and correct.
Page 110 of 256
ATTACHMENT 2
Page 111 of 256
Item 9.f.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Shane Taylor, Utilities Manager
SUBJECT: Consideration of a Purchase Order for (1) New Air Compressor; and
Declaration of PW-243 - 1989 Air Compressor as Surplus
DATE: April 25, 2023
SUMMARY OF ACTION:
Authorize a Purchase Order in the amount of $28,160.82 for the purchase of a new air
compressor to replace the existing air compressor PW -243, find that the Purchase Order
for the specific equipment is unique because of its quality, durability, availabilit y and
fitness for the contemplated use; and declare PW -243 as surplus property.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
A total of $30,000 is budgeted in the Fiscal Year 2022-23 budget for the purchase of this
compressor. The purchase is split 50/50 between the Street and Water Department
Budgets.
RECOMMENDATION:
1) Approve a purchase order for the purchase of a new air compressor and find that the
Purchase Order for the specific equipment is unique because of its quality, durability,
availability and fitness for the contemplated use ; 2) Declare PW -243 - 1989 Air
Compressor as surplus; 3) Determine that approving a purchase order for a new air
compressor 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:
A Compliance Agreement was approved on February 17, 2017, with the San Luis Obispo
County Air Pollution Control District to settle a Notice of Violation for operation of City
owned, portable Tier 0 diesel fueled engines after December 31, 2016 (Attachment 1).
Page 112 of 256
Item 9.f.
City Council
Consideration of a Purchase Order for (1) New Air Compressor; and Declaration of
PW-243 - 1989 Air Compressor as Surplus
April 25, 2023
Page 2
Per this agreement, the Ingersoll-Rand air compressor PW -243 shall not be operated
after December 31, 2023, or after 200 additional hours commencing on December 31,
2016, whichever comes sooner. The current hour meter shows an additional 20 hours of
use since 2017.
ANALYSIS OF ISSUES:
The current air compressor does not meet the California Airborne Toxic Control Measure
for Portable Compression Ignition Engines (17 CCR93116), California Health & Safety
Code Section 42301 and San Luis Obispo County Air Pollution Control District Rule 206.
The APCD settled the Notice of Violation Number 3001 with the City with no civil penalty,
but with a Compliance Agreement concerning (3) engines. In that Agreement, PW-243
requires replacement after December 31, 2023.
The existing air compressor needs to be declared surplus property and removed from
service by the end of 2023. Out of the three bids that were submitted, Quinn/CAT
Equipment was the lowest bidder at $28,160.82 (Attachment 2). One of the vendors that
submitted a bid could not estimate a delivery date and another anticipated a delivery date
past the end of 2023.
ADVANTAGES:
Purchase of the new air compressor will complete the requirements of the Compliance
Agreement with the APCD. Additionally, this Purchase Order for the specific equipment
is unique because of its quality, durability, availability, and fitness for the contemplated
use.
DISADVANTAGES:
An expenditure of $30,000 is required to purchase a new air compressor.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. 1) Authorize a Purchase Order in the amount of $28,160.82 for the purchase of a
new air compressor to replace the existing air compressor; and 2) Declare PW-
243 -1989 Air Compressor as surplus;
2. Do not approve the Purchase Order; or
3. Provide other direction to staff.
ENVIRONMENTAL REVIEW:
Approving a purchase order for a new air compressor is not a project subject to the
California Environmental Quality Act (“CEQA”) becaus e 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 113 of 256
Item 9.f.
City Council
Consideration of a Purchase Order for (1) New Air Compressor; and Declaration of
PW-243 - 1989 Air Compressor as Surplus
April 25, 2023
Page 3
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Compliance Agreement from APCD
2. Sales Quote from Quinn
Page 114 of 256
Air Pollution Control District
San Luis Obispo County
CERTIFIED MAIL
February 6, 2017
Geoff English
City of Arroyo Grande
300 East Branch St.
Arroyo Grande, CA 93420
SUBJECT: San Luis Obispo County Air Pollution Control District Revised Compliance Agreement for
Notice of Violation Number 3001
Dear Mr. English:
Per our conversation, your revised mutual settlement is below. Operation of three City owned, portable
Tier O diesel fueled engines after December 31, 2016 is in violation of the California Airborne Toxic Control
Measure for Portable Compression Ignition Engines (17 CCR 93116), California Health & Safety Code
section 42301 and San Luis Obispo County Air Pollution Control District Rule 206, Conditional Approval.
For this level of infraction, California Health and Safety Code Section 42402.a specifies a civil penalty of up
to $1,000.00 per day for each day of violation. However, in determining the amount of penalty appropriate
to this specific violation, several factors required by the Health and Safety Code were taken into
consideration. These factors include, but are not limited to, the severity and duration of the violation, the
frequency of past violations, the degree and speed of corrective action, if any, taken by the violator, and
the economic benefit, if any, gained as a result of the violation.
The Air Pollution Control District is willing to settle the violation with no civil penalty, but with a
Compliance Agreement as set forth below.
1.No civil penalty.
2.Release of the alleged violator(s) from any and all claims for civil or criminal penalties arising out of
the incident referred to in the above Notice of Violation.
3.The District reserves the right to rely upon the alleged violation and may offer proof thereof in
connection with any petition for a variance, permit revocation, or abatement order before the
District Hearing Board or in connection with the determination of the appropriate penalty in the
event similar Notices of Violation are issued in the future.
4.The settlement shall not constitute an admission of liability nor shall any such admission be
inferred in any administrative or judicial proceeding.
5.The City of Arroyo Grande will take the following corrective action and observ_e the following
conditions:
A.The engines listed below shall not be operated after December 31, 2023, or after 200
additional hours commencing on December 31, 2016, whichever comes sooner.
Portable engines for city construction and maintenance activities consisting of:� i.Green waste grinding: One 76 hp Cummins Model 483.9, Serial Number 44494987, Tier
0 diesel, low use or emergency use; hour meter = 3081.1 hours on December 14, 2016.
r 805.781.5912 , 805. 781.1002 w slocleanair.org 3433 Roberto Court, San Luis Obispo, CA 93401
ATTACHMENT 1
Page 115 of 256
Page 116 of 256
ATTACHMENT 2
Page 117 of 256
Page 118 of 256
Item 9.g.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Shane Taylor, Utilities Manager
SUBJECT: Monthly Water Supply and Demand Update
DATE: April 25, 2023
SUMMARY OF ACTION:
The update reports the City’s total water supply and demand for March 2023 . Current
Lopez Reservoir level and projected levels are provided in the attachments.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Approximately two (2) hours of staff time is required to prepare the report.
RECOMMENDATION:
Receive and file the Monthly Water Supply and Demand Update.
BACKGROUND:
On October 12, 2021, the City Council adopted a Resolution declaring a Stat e 1 Water
Shortage Emergency; and implementing emergency water conservation measures and
restrictions because of the extreme drought conditions.
On March 28, 2023, City Council adopted a Resolution rescinding the declaration of a
Stage 1 Water Shortage Emergency and related water shortage restrictions and
penalties.
The City of Arroyo Grande’s water entitlements are calculated on a water year that begins
April 1st. The current water supply for water year 2023/2024 includes 2,290 Acre Feet
from Lopez Reservoir, 1,323 Acre Feet of groundwater entitlement from the Santa Maria
River Groundwater Basin, and 160 Acre Feet from the City’s wells that draw from the
Pismo formation. An additional amount of surplus water will be declared by the San Luis
Obispo Flood Control and Water Conservation District (District) next month. The surplus
water, which will be unused downstream release water, will be made available to all
agencies based on their project share. The share for Arroyo Grande is 50.5% and this
amount will also be placed into storage.
Page 119 of 256
Item 9.g.
City Council
Monthly Water Supply and Demand Update
April 25, 2023
Page 2
The predicted water use for the 2023/2024 water year is 2,200 Acre Feet.
In March 2023, the City’s water use was 108.9 Acre Feet with a per capita use of 64
gallons per day/per person. The residential capita use was 51 gallons per day/per person.
There was a total of 9.1 inches of rainfall in the City in March 2023.
ANALYSIS OF ISSUES:
The United States Drought Monitor, as of April 14, 2023, shows San Luis Obispo County
not in a drought. Rainfall to date for the period of July 1, 2022, through April 14, 2023, is
29.75 inches at the Corporation Yard rain gauge. Lopez Lake, as of April 14, 2023, is at
100.5% capacity, or 49,628 Acre Feet.
The 2022/2023 water year ended on March 31, 2023. Lake Lopez began a continuous
spill on March 23, 2023. The spill period from March 23, 2023, to March 31, 2023, resulted
in 6,071 Acre Feet of spilled water, of which 775 Acre Feet was Arroyo Grande stored
water. All district stored water was lost during this spill period. As a result, all project water
deliveries are waived during a spill and not charged towards entitlements. Total Lopez
deliveries to Arroyo Grande for the 2022/2023 water year was 1,634.8 Acre Feet, which
leaves 655.2 Acre Feet of unused entitlement that will be put into storage.
The deep well index for the First Quarter of 2023 was completed on February 7, 2023,
and is 10.58 feet above sea level, which is 3.08 feet above the 7.5 threshold value. The
current deep well index is 4.70 feet higher than October 2022 and 1.22 feet higher than
January 2022.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Receive and file the report; or
2. Provide other direction to staff.
ADVANTAGES:
The report provides the City Council and the public with the current and projected
conditions of our water supply and demand.
DISADVANTAGES:
No disadvantages noted at this time.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Page 120 of 256
Item 9.g.
City Council
Monthly Water Supply and Demand Update
April 25, 2023
Page 3
Attachments:
1. Lopez Monthly Operations Report for March 2023
2. Lopez Reservoir Storage Projection
3. Yearly Water Use Comparison
4. Monthly Monitoring Report for March 2023
Page 121 of 256
Attachment 1Page 122 of 256
Attachment 2Page 123 of 256
Attachment 3Page 124 of 256
Attachment 4
Page 125 of 256
Item 11.a.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
SUBJECT: Consider a Draft Amended and Restated JPA of the FCFA, Discuss
Terms for a Potential Contract for Fire and Emergency Response
Services with the OCSD, and Receive and File the FCFA Final
Organizational Assessment Report completed by Baker Tilly
DATE: April 25, 2023
SUMMARY OF ACTION:
Review and provide direction regarding the draft Amended and Restated Joint Powers
Agreement of the Five Cities Fire Authority (FCFA), which will govern the FCFA following
the exit of the Oceano Community Services District (OCSD) from the FCFA effective June
30, 2023. Consider and provide direction regarding potenti al terms for a future fire and
emergency services contract between the FCFA and the OCSD, and receive and file the
final organizational assessment report completed by Baker Tilly.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
It is estimated that the City’s costs for fire and emergency services will increase
significantly as a result of the OCSD’s exit from the FCFA and the effects of static funding
amounts from the three current parties to the FCFA since fiscal year 2019 -20. Baker Tilly’s
final report (Attachment 2) estimates that the City’s financial contributions to the FCFA
will need to increase from $2,580,955 in Fiscal Year 2022-23 to $3,796,000 in Fiscal Year
2023-24. This amount assumes that a contract for fire and emergency response service
is approved between the FCFA and the OCSD, which would require a payment of
$1,211,000 from the OCSD for service through June 30, 2024.
RECOMMENDATION:
1) Consider and provide direction regarding the draft Amended and Restated Joint
Powers Agreement for the Five Cities Fire Authority; 2) Discuss and provide direction
regarding preferred terms for a potential contract for service between the FCFA and the
OCSD for future fire and emergency response service past June 30, 2023; and 3) Receive
and file the final report from Baker Tilly providing an organizational assessment of the
FCFA.
Page 126 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 2
BACKGROUND:
The Five Cities Fire Authority (FCFA) was formed on July 9, 2010, through a Joint
Exercise of Powers Agreement (JPA) entered into by the City of Arroyo Grande (City),
the City of Grover Beach, and the Oceano Community Services District (OCSD). The
FCFA is a consolidation of three individual fire departments, operating out of the three
existing member community fire stations. Together, the FCFA provides integrated and
efficient fire and emergency medical services to the three communities, serving
approximately 40,000 residents.
In 2017, the FCFA Board of Directors adopted a five -year Strategic Plan. The Strategic
Plan outlines the investments that were deemed necessary to replace obsolete capital
equipment, including fire engines and self -contained breathing apparatus, and to provide
staffing levels needed to ensure appropriate levels of service for the three member
agencies.
In June 2019, an amendment to the Joint Exercise of Powers Agreement (Second
Amendment1) was approved that altered the funding formula used to determine each
member community’s share of the FCFA’s costs and ensure funding consistent with the
Strategic Plan. These alterations would go into effect if OCSD was successful in passing
a special tax measure in 2020 to raise additional revenue for its fire and emergency
service costs. The Second Amendment also identified a defined “wind -down” process and
timeline should the OCSD ballot measure fail or should a member community leave the
JPA or the JPA be dissolved.
As required under the Second Amendment, OCSD placed a special tax measure on the
March 2020 ballot. Although over 66% of Oceano voters supported the measure, it fell 10
votes short of the 66.67% necessary to enact the special tax and the measure failed. As
proposed, the special tax measure would have raised approximately $422,000 annually
for the OCSD to use for emergency and fire services to the Oceano community. This
amount would have increased up to 2% annually.
Following the outcome of the OCSD’s 2020 ballot measure, the parties approved a Third
Amendment to the JPA in July 2020. Under the terms of the Third Amendment, the FCFA
has been required to operate under a flat budget, with contributions from the three
member agencies remaining static since Fiscal Year 2019-20 at $2,580,955 for Arroyo
Grande, $2,015,115 for Grover Beach, and $1,138,148 for Oceano.
The Third Amendment also required the OCSD to place a new special tax measure on
the ballot for the primary election occurring in 2022. If the measure passed, the new
1 The First Amendment was a Memorandum of Agreement approved in May 2018, which was intended to
facilitate a negotiation of the existing cost sharing methodology in light of the increased investment called
for in the Strategic Plan.
Page 127 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 3
funding formula set forth in the Second Amendment to the JPA would take effect on July
1, 2022. If the 2022 ballot measure failed, the City’s costs would remain at their current
levels through a one-year wind down period (and related work program) that would result
in the OCSD no longer being a part of the JPA, effective June 30, 2023.
Measure A-22 was placed on the ballot in Oceano by OCSD in June 2022, as required
under the Third Amendment. Measure A-22 failed to gather a two-thirds majority vote,
with the final results certified on July 7, 2022. With the failure of Measure A-22, the Third
Amendment states that the OCSD will cease to be a member of the JPA effective June
30, 2023. The period between certification of the June 2022 election results and June 30,
2023, is defined as the wind-down period. During this time, the Cities of Arroyo Grande
and Grover Beach are negotiating a new, or modified, JPA and maintain the right to use
the trademark name of “Five Cities Fire Authority.” The work program elements of the
wind down process include:
A determination as to the distribution of equipment and physical assets by October
1, 2022 (effective June 30, 2023).
An estimate as to the distribution of debt, employment liability, pension/PERS and
other post-employment obligations by February 1, 2023 (effective June 30, 2023).
An estimate as to the distribution of all other assets by March 1, 2023 (effective
June 30, 2023).
A summary of the wind down process was shared with the FCFA Board of Directors on
July 15, 2022, and with the City Council on August 9, 2022. The FCFA Managers Group,
comprised of the Fire Chief, the City Managers of Arroyo Grande and Grover Beach, and
the OCSD General Manager, have been meeting regularly to oversee the implementation
of the wind-down process. FCFA staff has completed the required inventory identification
and equipment valuation and has engaged an actuary to carry out the necessary analysis
of pension liabilities. To date, a list of equipment and assets has been developed and the
FCFA’s actuary has determined the estimated post -employment obligations of the
member agencies.
It is anticipated that an agreement will be prepared to clearly delineate the OCSD’s
ongoing payment obligations to address its share of the FCFA’s post -employment
liabilities following its exit from the FCFA. This agreement will include the method that the
OCSD’s share of liabilities will be calculated, as well as payment options and
requirements. Staff for the three agencies will prepare this agreement and present it to
their respective governing bodies for review and approval prior to June 30, 2023.
The OCSD has submitted an application to the Local Area Formation Commission
(LAFCo) to divest itself of its fire and emergency service powers effective June 30, 2023.
Through the LAFCo process, OCSD is requesting that the Count y of San Luis Obispo
Page 128 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 4
(County) take over fire and emergency service responsibilities to the Oceano community,
which will require all of the parties to the divestiture application (the County, OCSD, and
LAFCo) to approve a plan of service. Due to the shortness of time before OCSD is
required to leave the FCFA, it is anticipate that the cities of Arroyo Grande and Grover
Beach will be requested to consider terms for a potential agreement for the FCFA to
continue providing services to Oceano during the completion of the LAFCo process.
In addition to the wind down process, there has been a separate process underway
between the remaining FCFA member agencies (cities of Grover Beach and Arroyo
Grande) to evaluate the desired level of fire and emergency medical services and funding
needs in the respective communities. Given the significance of this issue and potential
costs involved, the Arroyo Grande and Grover Beach City Managers engaged an outside
consultant (Baker Tilly) in October 2022 to conduct an analysis o f fire services for the two
cities and provide service and funding recommendations. The Baker Tilly team working
on this project has extensive experience in fire services and was led by Rick Haydon,
former City Manager in Santa Maria. Mr. Haydon is familiar with the local area and was
also completing an organizational assessment of Grover Beach services. There were
several other members of the Baker Tilly team, including Larry Waterhouse, a former fire
chief in several cities in Southern California. Baker Tilly was chosen given their work with
service reviews elsewhere within the Central Coast and their ability to complete this study
by early 2023 to inform decisions by the two cities.
Baker Tilly’s scope included a service level analysis, staffing deploym ent options, fiscal
analysis, and review of alternative service models and governance structure. This work
included reviewing the financial impacts of OCSD’s departure from FCFA, including its
current funding contribution and whether it would be beneficial for FCFA to provide fire
service to Oceano under a contractual fee -for-service arrangement. Baker Tilly
interviewed numerous individuals including former FCFA Board members, City
Managers/OCSD General Manager, FCFA command staff, FCFA firefighters’ union
representatives, and others. The consulting team also reviewed numerous documents ,
including the Joint Powers Agreement, FCFA strategic planning materials, budgets and
CalPERS information, service call data, budget information from the two cities, and other
documents.
Baker Tilly completed its assessment and provided a presentation to the City Council on
February 28, 2023, summarizing its recommendations for sustainable and responsive fire
and emergency medical services, as well as the anticipated costs of service for both
Grover Beach and Arroyo Grande. Baker Tilly provide d a similar presentation to the
Grover Beach City Council on February 27, 2023. Following the presentation, Baker Tilly
completed a full written report that is available for review and consideration (Attachment
2). The financial analyses completed by Baker Tilly are being used by both Arroyo Grande
Page 129 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 5
and Grover Beach to prepare their upcoming biennial budgets for Fiscal Years 2023 -25.
The findings and recommendations of the report were al so used to develop a new
proposed Joint Powers Agreement between the cities of Arroyo Grande and Grover
Beach that will govern the FCFA following the OCSD’s exit on June 30, 2023.
ANALYSIS OF ISSUES:
Draft Amended and Restated JPA
In light of the required exit of the OCSD from the FCFA and the recommendations of
Baker Tilly, the City Managers of Arroyo Grande and Grover Beach conducted research
regarding other potential two-member fire agencies and their respective governing
models. Three examples were identified, specifically, the Central Marin Fire Authority,
operating in the City of Larkspur and the Town of Corte Madera (Central Marin), the
Central County Fire Department, operating in the cities of Burlingame and Hillsborough
(Central County) and providing contract service to the City of Millbrae, and the Livermore-
Pleasanton Fire Department (Livermore-Pleasanton), operating in the cities of Livermore
and Pleasanton. All three examples are operated as joint powers authorit ies and are
governed by four-person boards made up of two elected members of each of the city’s
councils. Under all three examples, the Fire Chief reports to one or both of the city
managers of the member cities. All three joint powers agreements include dispute
resolution provisions requiring mediation in the event of a conflict between the two
agencies.
Table 1 below summarizing the pertinent terms of the Central Marin, Central County, and
Livermore-Pleasanton examples:
Table 1
Agency JPA Members Board Executive
Management
Cost
Allocation
Central
Marin Fire
Authority
City of
Larkspur
Town of
Corte
Madera
4-member
Fire Council
made up of 2
members of
each
agency’s
council
One vote
required from
each
city/town to
Management
Committee
made up of
the
City/Town
Managers of
each party
In practice,
one
City/Town
Manager acts
as CEO for
50/50 split of
all costs
Page 130 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 6
approve any
item
signatory
purposes and
rotates this
role based on
which agency
the Chair is
from at that
time
Fire Chief
reports to
Management
Committee,
which
appoints the
Chief
Central
County Fire
Department
City of
Burlingame
City of
Hillsborough
4-member
Board made
up of 2
members of
each
agency’s
council
One vote
required from
each city to
approve any
item
Chief
Administrative
Officer, which
is one of the
two City
Managers
and which
rotates based
on which
agency the
Board Chair
is from for
that time
In practice,
CAO confers
with the city
manager of
the other city
before
making
substantive
decisions
Fire Chief
reports to the
CAO, who
All costs
and
revenues
split 60/40,
with 60%
allocated to
Burlingame
and 40% to
Hillsborough
Page 131 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 7
appoints the
Chief
Livermore-
Pleasanton
Fire
Department
City of
Livermore
City of
Pleasanton
4-member
Board made
up of 2
members of
each
agency’s
council
Majority vote
required to
take action
Impasse
matters may
be submitted
to the two city
councils,
which will
consider the
matter
independently
first, and, if
still at
impasse, then
consider the
matter at a
joint meeting
of the two city
councils
Joint
Executive
Directors
consisting of
the two city
managers of
each city
Policy
establishes
the powers
that must be
exercised and
the decisions
must be
made jointly,
and which
may be
exercised and
made by one
of the Joint
Executive
Directors with
notice to the
other
Fire Chief
reports to the
Joint
Executive
Directors,
who appoint
the Chief
Cost
allocation
plan lists
category of
costs
Costs split
differently
depending
on category
Most costs
split 50/50,
except for a
portion of
suppression
costs and
post-
employment
liability
costs
After speaking with representatives from the example agencies described above, the City
Managers for Arroyo Grande and Grover Beach determined that the models employed by
the Central County and Central Marin agencies provide an appropriate starting point for
a new JPA for the FCFA given their similar sizes and services. A draft amended and
restated JPA has been prepared by the Arroyo Grande and Grover Beach City Attorneys
and staff using the models described above and incorporating the feedback received from
Page 132 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 8
the City Councils on February 27 and 28, 2023, with input by the Fire Chief and legal
counsel to the FCFA.
The draft Amended and Restated JPA for the FCFA provided in Attachment 1 includes
the following key terms:
Governing Board
o Two representatives from each city council, which may include the mayors;
o Chair and Vice Chair positions will be held by one representative of each
City for a term of one year;
o A rotational schedule for the Chair and Vice Chair will be es tablished by
Board bylaws or other FCFA policy;
o At least quarterly meetings of the Board;
o Any action of the Board requires the affirmative vote of at least one member
of the Board from each City.
Executive Management
o A Management Committee made up of the City Manager of each City will
be responsible for the executive management of the FCFA;
o The Fire Chief will report to the Management Committee, which will be
responsible for hiring the Chief;
o A Chief Executive Officer (CEO) will be responsible for carrying out the
direction of the Management Committee and act as signatory on items
requiring approval of the Committee, such as contracts. The CEO will be
the City Manager who is from the city holding the position of Board Chair
and will rotate on the same schedule as the Board Chair.
Dispute resolution - New dispute resolution provisions have been added requiring
mediation and, if mediation is not successful, arbitration of any disputes that cannot
be resolved informally.
Legal Counsel – The revised JPA includes a provision stating that the FCFA Board
may retain legal counsel to represent the FCFA. It is anticipated that the FCFA will
retain independent legal counsel in the near future.
Retention of Existing Terms – A number of existing terms from the current FCFA
JPA have been carried forward, including:
o Personnel and Administration – All FCFA employees will continue to be
deemed employees of Arroyo Grande, utilizing the City’s current CalPERS
contract. Arroyo Grande will continue to provide administrative services to
the FCFA, the cost of which will continue to be reimbursed by the FCFA.
o Ownership and Maintenance of the Fire Stations – The cities will continue
own and maintain the fire stations within their respective jurisdictions.
Exhibits – The current exhibits to the JPA have been updated and revised as
follows:
Page 133 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 9
o Exhibit A, Administrative Services – This exhibit has been updated to add a
description of IT services, which have been and will continue to be provided
by Arroyo Grande, and to remove the previous description of legal services
to the FCFA, which are intended to be provided by an independent attorney
that will be appointed by the Board, rather than by either City Attorney as
discussed in the current agreement.
o Exhibit B, Funding Formula – This exhibit has been updated to include a
revised cost sharing structure that excludes the OCSD. Under the new
proposed formula, all costs are proposed to be split 58/42, with Arroyo
Grande responsible for 58% and Grover Beach responsible for 42%. A more
detailed discussion of this proposal is included below.
o Exhibit C, Inventory of Equipment – This exhibit has been revised to include
the current list of equipment and apparatus that are owned separately by
either Arroyo Grande or Grover Beach.
o Exhibit D, Map of FCFA Service Area – The map of the FCFA’s service area
has been revised to include the city boundaries of Arroyo Grande and
Grover Beach only.
With the exit of the OCSD from the FCFA, a revised funding formula and cost sharing
arrangement is also necessary to account for the loss of a funding partner. Under the
current formula, costs are allocated as follows:
1. One third (33.33%) of costs shall be assessed among the Parties in
proportion to the population of each Jurisdiction as most recently
determined by the U.S. Census and any intervening estimates prepared
by the California Department of Finance when the Fire Chief prepares
each annual budget.
2. One third (33.33%) of costs shall be assessed among the Parties in
proportion to the number of annual service calls, calculated on a three -
year rolling average in each Jurisdiction as most recently determined
when the Fire Chief prepares each annual budget.
3. One third (33.33%) of costs shall be assessed among the Parties in
proportion to the number of fire stations and personnel located in each
Jurisdiction.
If this same formula is used going forward, costs would be allocated for the next fiscal
year as follows:
Page 134 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 10
COST
ALLOCATION
FACTORS Weighting
Population: FY20 FY21 FY22 FY20 FY21 FY22 33.33%
Arroyo Grande 18,335 18,553 18,294 58.97% 59.03% 59.01% 59.00%
Grover Beach 12,755 12,879 12,707 41.03% 40.97% 40.99% 41.00%
Total 31,090 31,432 31,001 100.00% 100.00% 100.00% 100.00%
Calls for Service: 2020 2021 2022 FY19 FY20 FY21 33.33%
Arroyo Grande 1,964 2,125 2274 63.36% 64.58% 63.89% 63.94%
Grover Beach 1,077 1,201 1300 36.64% 35.42% 36.11% 36.06%
Total 3,041 3,326 3,574 100.00% 100.00% 100.00% 100.00%
Station Staffing: 2020 2021 2022 F22 F23 F24 33.33%
Arroyo Grande 3 3 3 50.00% 50.00% 50.00% 50.00%
Grover Beach 3 3 3 50.00% 50.00% 50.00% 50.00%
Total 6 6 6 100.00% 100.00% 100.00% 100.00%
The third factor included in the current formula (station staffing) was originally intended to
account for differences in the number of permanent, full -time fire fighters at each station
as the FCFA’s volunteer fire fighters were replaced with new full-time staff. As Arroyo
Grande and Grover Beach shifted to all full-time fire fighters at their respective stations
years ago when the cities increased funding to the FCFA , this last factor is less relevant
for future cost allocations between the two parties. However, simply removing the third
factor and allocating costs using the other two factors weighted equally would increase
Arroyo Grande’s share to 61.52%, which is almost four percentage points more than
would otherwise occur if the third factor is included and weighted at 33.33%. Importantly,
the Cost Allocation Share total identified above, which includes the third factor and
allocates 57.68% of the total costs to Arroyo Grande, was used by Baker Tilly in its cost
estimates included in Attachment 2 and these cost estimates have been used for
preliminary budget preparations by the two cities. Additionally, given the concerns
regarding Station 3 that are identified in Baker Tilly’s final report (Attachment 2), it is
Funding
Cost Allocation Share:*Formula
Arroyo Grande 57.68%
Grover Beach 42.32%
Total 100.00%
Page 135 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 11
possible that staff may need to be relocated to Station 1 at some point in time, which will
complicate calculation of the station staffing factor.
Based on all of these considerations, the current draft amended agreement proposes a
simplified approach that would allocate 58% of all costs to Arroyo Grande and 42% of all
costs to Grover Beach. Revenue received from a potential service contract with the OCSD
would be used to reduce the total costs split between the two cities.
Final Baker Tilly Report and Current Service Level Recommendations
Baker Tilly’s final report builds upon the information presented to the city councils of
Grover Beach and Arroyo Grande in February 2023 and incorporates feedback received
from each council. The final report is provided in Attachment 2.
The recommendations included in the report are intended to be implemented beginning
in FY 2023-24 to coincide with the withdrawal of OCSD from the FCFA. Below were
overall observations from Baker Tilly:
Recent annual financial contributions from participating agencies have not
sufficiently financed the total operational costs of the FCFA
The need for an ongoing dedicated revenue stream to fully finance the operational
and capital costs of the FCFA is paramount
Calls for service for the existing service population are consistent with industry
standards though public service (non-emergent) calls are relatively high
FCFA faces numerous operational challenges resulting in personnel feeling
stressed
Divestiture or deactivation of OCSD fire service responsibility will not be a simple
or quick matter to resolve
During its presentation to the City Council on February 27, 2023, Baker Tilly noted that,
given the limited resources and operational challenges, FCFA personnel should be
commended for the services they provide the community. Staff concurs with these
observations and the commendation to FCFA personnel for their work in serving Arroyo
Grande residents and businesses.
Building on these observations and the operational and fiscal data collected, Baker Tilly
provided the following recommendations to the two cities during its February presentation:
Conduct a Community Risk Assessment and Standards of Coverage and adjust
staffing to meet service area, community risk, and call volume
Hire an additional battalion chief and place all battalion chiefs on shift schedules
consistent with floor personnel
Page 136 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 12
Contract for fire marshal and fire inspection services, or fill those positions with
FCFA employees
Develop an inventory of all mission-critical equipment and apparatus, and establish
an asset replacement schedule and fund it
Develop a comprehensive operations policy and procedures manual
Restructure the governing board and create a five -person board, two from each
city (an elected official and city manager) and one mutually agreed -upon board
member; Fire Chief to report to one or both City Manager
Assess the feasibility of a parcel tax or Mello-Roos assessment to help finance
FCFA operational and capital costs
Discuss with CalFire representatives the cost for providing fire prevention and
suppression services and/or enter into discussions with City of Pismo Beach
representatives to expand the current regional fire authority model
Work on resolving and strengthening interagency relationships and collaboration
Develop either an agreement to contract-back fire service for the Oceano area or
create a fourth amendment to the JPA, thereby allowing OCSD to continue to be
part of the FCFA until LAFCO can render a divestiture decision
The final report generally contains similar recommendations as the February presentation
with the following exceptions:
Modification of governing board recommendation to keep with only elected officials
serving on this body rather than a combination of elected officials and city manager
Recommendation on working with CAL FIRE on potential service provision was
removed given the likely inability to reduce costs compared with current FCFA
costs along with the loss of local control
Addition of three “scenarios” under which contract service is provided to Oceano
to estimate projected FCFA costs and agency contributions:
o Scenario 1: OCSD stays under contract with FCFA for up to another year
at their total property tax revenue amount
o Scenario 2: OCSD stays under contract with FCFA for an indefinite term
with OCSD’s funding capped at their total property tax revenue amount.
o Scenario 3: OCSD stays under contract with FCFA for an indefinite term
with appropriate County financial support.
Three options for staffing plans (low, medium, and high) are shown within each
scenario to show varying costs and resulting agency contributions.
Cost estimates included in the tables in the final report have also been updated to
include Arroyo Grande’s one-time payment of $887,401 to the FCFA to address
past CalPERS payments that the FCFA made that included liabilities for
employees who were employed by Arroyo Grande prior to the formation of the
Page 137 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 13
FCFA. This payment will increase the FCFA’s fund balance, which will in turn
decrease the projected annual costs to Arroyo Grande and Grover Beach that were
included in Baker Tilly’s initial cost estimates to rebuild the FCFA’s reserves.
Based on the recommendations of Baker Tilly and feedback provided by the two city
councils on February 27 and 28, 2023, it is recommended that the cities proceed with the
service level and staffing recommendations included in Plan A-4 (Scenario 1, Low Cost
Option). Under this plan, the FCFA will add one battalion chief and two firefighter positions
to ensure that a third company will be able to provide 24 -hour two-person company
staffing to the FCFA service territory. Administrative staff would be increased by 0.5 FTE
as well. This staffing plan is depicted in the table that follows:
PLAN A-4
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total
FY
24
FY
25
FY
26
FY
29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal C 0 0
Inspector - PT C 0 0
EMS Coordinator 0 0
Battalion Chief 3 3 1 1
Captain 3 3 3 9 0
Engineer 3 3 3 9 2 2
Firefighter 3 3 6 0
Total 6 9 9 6 0 30 3 0.5 0 0 3.5
C = Fire Marshal and Inspector functions provided by contract service (assumes $100,000)
This option assumes that the FCFA will provide fire and emergency response services to
Oceano on a contractual, fee for service basis whereby the OCSD would pay $1,211,000
for service through June 30, 2024. Projected costs of this option are depicted in Table 13
in Attachment 2, which appears as follows (with dollar amounts in thousands):
Page 138 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 14
However, staff recommends that, in the interests of minimizing immediate cost increases
to the two cities in Fiscal Year 2023-24, any efforts to obtain new fire prevention contract
services be delayed for at least one year. State mandated inspection services that are
not currently being performed by the FCFA would be performed in Arroyo Grande and
Grover Beach by their respective building division services contractors rather than by an
FCFA contractor, which will decrease the total costs identified in the table above by
$100,000 (a reduction of $58,000 to Arroyo Grande and $42,000 to Grover Beach). This
approach would be revisited in 2024 based on need and funding availability for increased
prevention services.
Potential Agreement with OCSD
An agreement with the OCSD will be needed to allow the FCFA to provide service to the
Oceano community while the LAFCo divestiture process is completed. Terms for a
potential agreement will need to address the term of the contract (i.e. length of time),
costs, scope of services, and use of Station 3 in Oceano. Each of these terms are listed
below, along with preliminary recommendations from staff for discussion purposes:
Term: 12 months to provide sufficient time for completion of the LAFCo divestiture
process.
Cost: At least $1,211,00, which is the funding amount that Baker Tilly identified as
available to the OCSD for fire service through its current share of property tax
revenue.
Scope of Service: Fire and emergency response services, including the minimal
fire prevention services currently provided by the FCFA.
Page 139 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 15
Location: Station 3 may be utilized by the FCFA to serve its entire service territory,
including Oceano, if deemed appropriate. Baker Tilly identified deficiencies at
Station 3 that may make use of this station by FCFA staff u nadvisable. The FCFA
should retain the ability to determine where to station its staff regardless of any
contract to serve the Oceano community.
It is recommended that Council consider and provide direction regarding the draft
Amended and Restated JPA, as well as the preliminary direction regarding the potential
terms for a contract for service between the FCFA and the OCSD.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. 1) Consider and provide direction regarding the draft Amended and Restated Joint
Powers Agreement for the Five Cities Fire Authority; 2) Discuss and provide
direction regarding preferred terms for a potential contract for service between the
FCFA and the OCSD for future fire and emergency response service past June
30, 2023; and 3) Receive and file the final report from Baker Tilly providing an
organizational assessment of the FCFA;
2. Provide other direction to staff.
ADVANTAGES:
Providing direction regarding the draft Amended and Restated JPA will enable staff to
finalize the agreement for adoption prior to June 30, 2023, when the OCSD will be
required to exit the JPA and the current JPA will no longer function well to add ress the
needs of a two-party authority. Direction regarding preferred terms for a potential service
contract between the FCFA and the OSCD will equip staff to negotiate an agreement that
will meet the needs of the parties. Receipt of the final Baker Tilly report will ensure that
the public and all interested parties have access to the consultant’s data, findings, and
recommendations regarding the FCFA.
DISADVANTAGES:
There are no known disadvantages to providing direction regarding the draft JPA and
potential terms of a service contract with the OCSD, nor with receiving and filing the Baker
Tilly report.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on th e City’s website in accordance with
Government Code Section 54954.2.
Page 140 of 256
Item 11.a.
City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a
Potential Contract for Fire and Emergency Response Services with the OCSD, and
Receive and File the FCFA Final Organizational Assessment Report completed by
Baker Tilly
April 25, 2023
Page 16
Attachments:
1. Draft Amended and Restated Joint Powers Agreement for the FCFA
2. Final Baker Tilly Report
Page 141 of 256
65501.00001\41161259.16
DRAFT FOR NEGOTIATIONS PURPOSES
AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
OF
THE FIVE CITIES FIRE AUTHORITY
This JOINT EXERCISE OF POWERS AGREEMENT (the “Agreement” or “JPA”) is dated
this __ day of ____, 2023, for reference purposes only, and is entered into by and between the
undersigned Member Agencies. The undersigned Member Agencies, the Cities of Arroyo Grande and
Grover Beach, may be referred to herein individually as “Member Agency” and collectively as
“Member Agencies” or “Members.”
RECITALS
A. The City of Arroyo Grande (“Arroyo Grande”) and the City of Grover Beach (“Grover
Beach”), (collectively, “Member Agencies”) have the authority under California law to provide fire
protection, emergency medical and related services within their respective jurisdictions.
B. Each Member Agency is a public agency authorized and empowered to contract
with the other Member Agency for the joint exercise of powers under the Joint Exercise of Powers
Act, Sections 6500, et seq., of the California Government Code (the “Act”).
C. Each Member Agency is a local public entity, and are municipalities in contiguous
geographical proximity, having similar fire protection needs, and a history of coordination and
cooperation between each other.
D. By jointly exercising fire protection, emerge ncy medical and related services, each
Member Agency is able to achieve cost savings and operational efficiencies for the benefit of the
persons residing in the Member Agencies’ respective service areas.
E. On June 7, 2010, the Member Agencies, desirous of improving the quality and level
of fire suppression and emergency medical service delivery within their communities through the
sharing of resources and expertise, entered into a Joint Powers Authority Agreement (the “JPA”)
and have operated as Five Cities Fire Authority pursuant to the terms and conditions in that
agreement since that time. Under that agreement, the Member Agencies have shared fire services,
allowing for cost savings and operational efficiencies in providing fire services to the public.
Consolidation of such fire services into a single public entity has allowed for an efficient fire
protection organization significant command and administrative benefits, and a net -decrease in
operational costs with a concurrent increase in operational efficiency.
F. The Oceano Community Services District was previously a member of the JPA, but
voluntarily exited the JPA in June 2023 due to an inability to meet its contribution obligations under
the JPA.
G. The Member Agencies have now determined the specific terms of the 2010 agreement
should be amended so that this Amended and Restated Joint Powers Agreement accurately reflects
the Authority's current structure and operations.
ATTACHMENT 1
Page 142 of 256
65501.00001\41161259.16
DRAFT FOR NEGOTIATIONS PURPOSES
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions hereinafter stated the Member Agencies agree as follows:
1. Recitals. The recitals above are true and correct, and are hereby incorporated into the
terms of this Agreement as though fully set forth herein.
2. Term. The term of this Agreement shall commence as of the date the Member Agencies
have fully executed this Agreement and continue until terminated pursuant to the terms of this
Agreement.
3. Definitions. Except where the context otherwise clearly requires, the following words and
phrases shall have the meanings specified below:
“Act” shall mean the Joint Exercise of Powers Act of the State of California, commencing
with California Government Code Section 6500, as now existing or as may hereinafter be amended
or supplemented.
“Agreement” shall mean this Joint Exercise of Powers Agreement by and between the
Member Agencies, as supplemented, amended and/or restated from time to time.
“Authority” shall mean the Five Cities Fire Authority, a joint powers authority created by
this Agreement in accordance with the Act, made up of the Member Agencies, the Cities of Arroyo
Grande and Grover Beach.
“Authority Area” means that geographic area encompassing the total combined
jurisdictional boundaries of the Member Agencies, as lawfully changed from time to time.
“Board” or “Board of Directors” means the governing body of the Authority as established
by this Agreement.
“Board member” or “Director” means a member of the governing body of the Authority.
“Fiscal Year” means July 1 of one year through June 30 of the following year.
“Formation Date” means the date when the Authority was originally created, June 7, 2010.
4. Creation of Authority.
4.1 Authority Created. The Authority was created as a public entity on June 7, 2010 as
the “Five Cities Fire Authority” by operation of the prior Joint Powers Authority agreements. The
Authority was and is formed pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1
(commencing with Section 6500) of the Government Code of the State of California, which
authorizes two or more public agencies, by a joint powers agreement entered into respectively by
them and authorized by their legislative or governing bodies, to exercise jointly any power or
powers common to the member agencies. The Authority shall be a public entity separate from the
Member Agencies and is responsible for the administration of this agreement. The debts, liabilities
and obligations of the Authority shall be the debts, liabilities and obligations of the Authority alone
and not of one or more of the Member Agencies.
Page 143 of 256
65501.00001\41161259.16
DRAFT FOR NEGOTIATIONS PURPOSES
(a) Confirmation of Authority Name. The Authority is known as the “Five
Cities Fire Authority.”
4.2 Notices. Within thirty (30) days after execution of this Amended and Restated
Agreement, the Authority shall cause a notice of such amendment to be prepared and filed with
the office of the California Secretary of State containing the information required by California
Government Code § 6503.5. Within ten (10) days after execution of this Amended and Restated
Agreement, the Authority shall cause an amended statement of information concerning the
Authority, as required by California Government Code § 53051, to be filed with the office of the
California Secretary of State and with the County Clerk, of any change in facts as required by
Government Code § 53051(a).
4.3 Authority Area. The geographic boundaries of the Authority (“Authority Area”)
shall be coextensive with those of the Member Agencies, as lawfully changed from time to time.
4.4 Other Joint Powers Agreements Superseded. As of the Effective Date of this
Agreement, any prior JPA agreements and/or amendments of the Five Cities Fire Authority shall
have no further force and effect.
4.5 Bylaws. The Board may adopt bylaws and any other regulations, policies, or
procedures for the operation of the Authority not inconsistent with State constitutional, statutory,
or decisional case law or the California Code of Regulations.
4.6 Purpose. The purpose of this Agreement is to jointly exercise fire protection,
emergency medical, and related services. The purpose shall be accomplished, in the manner set
forth in this Agreement. The Member Agencies each possess the powers necessary or convenient
for the accomplishment of such purposes.
(a) Through the Authority and its governing body, the Member Agencies shall
collaborate, cooperate and seek to determine ways in which the Member Agencies and the citizens
residing within the Authority Area can benefit from joint services.
(b) The Authority shall provide fire protection, emergency medical, and related
services within the Member Agencies.
(c) The Member Agencies shall jointly benefit through the sharing of resources,
which may include but is not limited to the sharing of executive and/or administrative staff. Among
other public benefits, the Member Agencies shall receive reduced costs and more efficient services
through the sharing of such resources.
(d) The purposes of this Agreement shall not be construed as limiting, and the
Authority, and the Board shall be authorized to further define the means by which the joint exercise
of services may be accomplished.
(e) The Authority may, if approved by the Member Agencies, accept new
Parties to this Agreement, and the purposes of this Agreement shall include the provision of fire
protection, emergency medical, and related services within the territorial jurisdiction of any new
Parties. The purposes of this Agreement shall apply to any new Parties.
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5. Powers of Authority.
5.1 The Authority shall exercise the powers common to the Member Agencies, powers
otherwise permitted under the Act, and powers necessary to accomplish the purposes of this
Agreement.
5.2 The Authority is hereby authorized, in its own name, to do all acts necessary,
convenient and appropriate for the exercise of the foregoing powers for the purposes set forth in
this Agreement and to do any or all of the following:
(a) Setting and adopting policies, including the scope of the Management
Committee’s authority under Section 7.1.
(b) Adopting an annual budget.
(c) Employing personnel, consultants, advisors and independent contractors,
setting parameters for labor negotiations, and ratifying labor agreements.
(d) Entering into contracts, leases and other agreements, which may include,
but are not limited to, a contract for administrative and fiscal services and a contract with a
Certified Public Accountant for annual audit services or mutual aid or automatic response
agreements or contracts for service to other jurisdictions.
(e) Applying for; receiving and disbursing grants, loans or other aids from any
private or public agency.
(f) Setting fees for service where permitted by law.
(g) Receiving, disbursing and investing funds.
(h) Purchasing and holding title to property, and obtaining leaseholds, licenses,
and other interests in property, including the authority to acquire, dispose of, construct, manage,
maintain or operate any building, works or improvements.
(i) Issuing revenue bonds pursuant to California Government Code Section
6540, et seq.
(j) Obtaining in its own name all necessary permits, licenses, opinions and
rulings.
(k) Expending funds of the Authority only for the purpose of carrying out the
provisions of this Agreement as they now exist or may hereafter be amended. Such powers shall
be exercised in the manner provided in the Act subject only to such restrictions as set forth in this
Agreement or other applicable law.
(l) Suing and being sued in its own name.
(m) Carrying out and enforcing all of the provisions of this Agreement.
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(n) To incur debts, liabilities or obligations, which do not constitute a debt,
liability or obligation of any Member Agency;
(o) To receive gifts, contributions and donations of property, funds, services
and other forms of assistance from persons, firms, corporations, and governmental entities,
provided that the Authority consents to such gifts, contributions and donations;
(p) To fix the compensation, if any, paid to the Board of Directors, Secretary,
Treasurer, Controller and Attorney, in compliance with all applicable laws;
(q) To prescribe the duties, compensation and other terms and conditions of
employment of other agents, officers and employees;
(r) To adopt reasonable rules and regulations for the conduct of the day-to-day
operations of the Authority;
(s) To apply for, accept, receive and disburse grants, loans and other aid;
(t) To invest money in the treasury, pursuant to Government Code section
6505.5, that is not required for the immediate necessities of the Authority, as the Authority
determines advisable, in the same manner and on the same conditions as local agencies, pursuant
to Section 53601 of the Government Code;
(u) To exercise any and all powers which are provided for in the Act and in
Government Code section 6584 et. seq. including, without limitation Government Code section
6588, as they exist on the Effective Date of this Agreement or may hereafter be amended.
(v) Other powers and duties incidental to those enumerated herein.
5.3 Manner of Exercise of Powers. The powers of the Authority shall be limited only
by the terms of this Agreement, the Act, and applicable law, as amended from time to time. The
laws of the State of California applicable and common to general law cities shall govern the
Authority in the manner of exercising its powers common between the cities, subject to such
restrictions as are applicable to the City of Arroyo Grande in the manner of exercising such powers,
as required by Government Code section 6509.
6. Governance.
6.1 Board of Directors. The Authority shall be governed by a four-member Board of
Directors (collectively “Board,” individually “Board member” or “Director”). Each Member
Agency may appoint Board members, as follows: two (2) elected city councilmembers, which may
but is not required to include the Mayor from each Member Agency. Each of the four (4) Authority
Board members, and any alternates, shall be appointed as determined by the respective Member
Agencies’ City Councils and any applicable local policies. All the power and rights of the
Authority shall be exercised by the Board, subject to the rights reserved by the Member Agencies
as set forth in this Agreement; provided, however, that the Board may delegate such powers and
authority to committees, sub-committees, the Management Committee, and others as the Board
deems appropriate.
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6.2 Compensation. Directors may receive such compensation from the Authority for
services as may from time to time be established by the Board, subject to the limits of applicable
law. Directors shall be reimbursed for necessary and actual expenses incurred in the conduct of
the Authority’s official business as permitted by law and by policies adopted by the Board.
6.3 Board Officers, Alternating Member Agency Term. In the interest of full
representation between the two Member Agencies, the role of Board Chair and Vice Chair shall
alternate between the two Member Agencies as follows:
(a) A Board member from one of the two Member Agencies shall serve as
Board Chair over a one-year term (“Chair Term”). During each Chair Term, the Vice Chair shall
be selected from a different Member Agency than that of the Board Chair, ensuring the Vice
Chair serves a city council that is not part of the City organization on which the Board Chair
serves.
(b) Following each one-year Chair Term, the Chair and Vice Chair shall
alternate between the two Member Agencies, so at all times the Board Chair and Vice Chair shall
be from the separate Member Agencies.
(c) The Chair, or in the Chair’s absence the Vice Chair, shall preside at and
conduct all meetings of the Board and execute agreements and other official instruments on
behalf of the Authority. In the absence or inability of the Chair to act, the Vice Chair shall act as
Chair. In the absence of the Chair and the Vice Chair, the absent members may appoint a
different member of the Board to serve as an alternate.
(d) The procedure for selecting the Board Chair and Vice Chair shall be set
forth within the Authority’s adopted by-laws or other adopted Authority policy as soon as
practical.
6.4 Meetings of the Board.
(a) Annual Meeting. The Board shall hold an annual meeting to review the
services provided by the Authority and to approve a budget, and shall hold regular meetings at
least quarterly, on a schedule adopted pursuant to subsection 6.4(d) below. The Board may hold
additional regular meetings as determined by the Board and may adopt such procedures and
resolutions for conducting such meetings and other business as the Board deems appropriate.
Alternatively the Board may establish an executive or other committee to hold regular meetings.
(b) Conduct of Meetings. All meetings of the Board including, without
limitation, regular, adjourned regular, and special meetings shall be called, noticed and conducted
in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 et seq. of the
California Government Code.
(c) Quorum. A simple majority of the Board shall constitute a quorum for the
purpose of transacting business. The affirmative vote of a majority of the quorum shall be required
for the Authority to take any action and must include at least one affirmative vote from one Board
member from each Member Agency, except: (i) where different voting requirements are provided
for by applicable law or local Authority policies; and (ii) approval of budgets, issuance of any
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bonds, exercise of eminent domain, and incurrence of any debts, liabilities, obligations, certificates
of participation or other evidence of indebtedness shall require an affirmative vote of the majority
of the membership of the Board subject to any specific, adopted or applicable Authority purchasing
policy. This section shall not prohibit the Board from delegating the authority to purchase goods
and services, including goods and services consistent with any adopted or applicable Authority
purchasing policy, specified herein.
(i) In the absence of a quorum at any meeting of the Board, a majority
of the directors present, or the Chair in the absence of all directors, or the secretary may adjourn
the meeting from time to time without further notice, but no other business may be transacted.
(d) Location and Date. The Board shall meet at the Principal Governance and
Business Office as set forth in Section 9 of this Agreement, or at such other place as may be
designated by the Board for its regular, adjourned regular, and special meetings consistent with
this Agreement. The dates upon which, and the hour and place at which, any regular meeting shall
be held shall be fixed by resolution of the Board and a copy of such resolution shall be provided
to each Member Agency.
(e) Agendas and Minutes. The Board may select, appoint, or employ a
secretary to keep or cause to be kept, at the principal business office, the principal governance
office, or such other place as the Board may order, a book or electronic copy of minutes of all
meetings of the Board and its committees as required by law, with the time and place of holding,
whether regular or special, the notice thereof given, the names of those present at the meetings,
and the proceedings thereof. As soon as practicable after each meeting, the secretary shall cause
a copy of the minutes to be forwarded to each director of the Board, and to the Member Agencies.
The secretary need not be a director and shall serve at the pleasure of the Board.
6.5 Board Committees
(a) Committees. The Board may create any standing or ad hoc committees as it
sees fit. The Board may delegate to any committee the authority to approve any action or transact
any business of the Board, except for business that is required by this Agreement to be approved
by the full Board.
(b) Actions of Full Board. Approval of budgets, issuance of any bonds, exercise
of eminent domain, and incurrence of any debts, liabilities, obligations, certificates of participation
or other evidence of indebtedness as may be set forth in the Authority’s effective purchasing policy
and any legislative actions as defined by State law shall require an action of the full Board and
shall not be delegated to any Board committees.
(c) Procedures. Except for exempt ad hoc committees, all meetings of
committees including, without limitation, regular, adjourned regular, and special meetings shall be
called, noticed and conducted in accordance with the provisions of the Ralph M. Brown Act,
Sections 54950 et seq. of the California Government Code. Committees shall maintain minutes of
their proceedings.
6.6 Bylaws. The Board may adopt bylaws and any other regulations, policies, or
procedures for the operation of the Authority.
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7. Executive Officers and Personnel
7.1 Management Committee. The management of the Authority shall vest in a
Management Committee made up of the current City Manager for both Member Agencies or the
City Managers of any Member Agencies added to this Agreement. The Management Committee
shall be participants in, and oversee all non-Management Committee Executive Officers, and any
Executive Officers’ responsibilities as set forth in this Agreement. The Management Committee
shall have the power, subject to any Board direction or Board-adopted policies:
(a) To execute any contract up to an amount consistent with any ordinance or
rules adopted by the Board establishing the Authority’s purchasing policies and procedures, and/or
policies for capital costs of special services, equipment, materials, supplies, maintenance, or repair
that involves an expenditure by the Authority within budgetary limits approved by the Board
(“Board purchasing policies”);
(b) To hire, terminate, and oversee the performance of the Fire Chief;
(c) To expend funds of the Authority subject to any Board purchasing policies
and enter into contracts, whenever required for the immediate preservation of the public protection,
health, or safety;
(d) To sell any personal property of the Authority up to a value consistent with
the Board’s purchasing policies;
(e) To support the Board as determined by the Board in labor negotiations and
management;
(f) To administer the priorities and policies established by the Board for fire
services of the Authority;
(g) To perform such other duties as may be assigned by the Board, and to report
at such times and concerning such matters as the Board may require.
7.2 Executive Officers. The executive officers of the Authority shall include the
Management Committee, the Chief Executive Officer, the Fire Chief, the Treasurer, the
Auditor/Controller, and such other executive offices as created by the Board. All executive
officers shall report to the Management Committee, and the acting Chief Executive Officer.
(a) Chief Executive Officer. The Chief Executive Officer will be the City
Manager from the Management Committee that is employed by the same Member Agency from
which the current Board Chair serves as a city councilmember. The Chief Executive Officer shall
alternate automatically, serving during the same Chair Term that the Board Chair serves on the
Chief Executive Officer’s Member Agency city council. The Chief Executive Officer shall carry
out the decisions of the Management Committee and act as the signatory for the Authority on all
actions requiring approval of the Management Committee.
(b) Fire Chief. The Fire Chief shall be responsible for the proper and efficient
operation of the Authority as is or hereafter may be placed in his or her charge, or under his or her
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jurisdiction or control, pursuant to the provisions of this Agreement, or of any ordinance,
resolution, bylaw or minute order of the Board. The Management Committee shall appoint and
oversee the performance of the Fire Chief. The Fire Chief, as an at will employee of the Authority,
shall report to the Management Committee and Chief Executive Officer, and by extension the
Board, on all of the following, in a manner prescribed by the Board in consultation with the
Management Committee:
(i) Plan, coordinate, supervise, and evaluate the Authority’s operations,
and conduct day-to-day operations of the Authority;
(ii) Supervise and manage Authority fire personnel;
(iii) Coordinate and supervise training of fire personnel;
(iv) Make recommendations to the Management Committee and Board
on Authority operations;
(v) Establish policies and procedures of the Authority to implement
directives from the Board and the Management Committee;
(vi) In conjunction with the Treasurer, prepare an annual budget for
submission to the Management Committee and the Board;
(c) Treasurer. The Director of Administrative Services of Arroyo Grande shall
be the Authority Treasurer. The Authority Treasurer shall perform such duties as are set forth in
this Agreement and any other duties specified by the Board or as required by the Act, and shall
perform the duties specified in Government Code sections 6505 and 6505.5, as amended from time
to time. The Authority Treasurer shall be the depositary of funds and shall have custody of all
money of the Authority, from whatever source.
(i) The Board may at any time select, employ, or appoint a new or
different Authority Treasurer who shall be: (1) the Treasurer or Finance Director of one of the
Member Agencies; (2) a certified public accountant; or (3) such other officer or employee of one
of the Member Agencies as the Board shall deem qualified to act as the Authority Treasurer, so
long as permitted by law.
(d) Auditor/Controller. The Authority Auditor or Authority Controller shall be
the same officer or employee of the City serving as the Authority Treasurer. The Authority Auditor
or Authority Controller shall perform such duties as are set forth in this Agreement and any other
duties specified by the Board or as required by the Act.
(i) The Board may at any time select, employ, or appoint a new or
different Authority Auditor or Authority Controller who shall be: (1) the auditor or controller of
one of the Member Agencies; or (2) such other officer or employee of one of the Member Agencies
as the Authority shall deem qualified to act as Authority Auditor or Authority Controller, so long
as permitted by law.
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(e) Secretary. The Board shall appoint, or designate to the Management
Committee in consultation with the Fire Chief to appoint a Secretary who shall serve at the pleasure
of the Board. The Secretary shall be the official custodian of records for the Authority, mak e all
filings requested by the Board and legally required, and be responsible for agendas and meeting
minutes as provided in Section 6.4(f) of this Agreement.
7.3 Official Bond. Pursuant to Government Code section 6505.1, the public officer,
officers or persons who have charge of, handle or have access to any property of the Authority
shall file an official bond in an amount of $25,000, unless fixed by the Parties to this Agreement
in a different amount by unanimous decision of the Board.
7.4 Other Officers and Staff
(a) Attorney for Authority. The Attorney for the Authority shall be appointed
by the Board of Directors. The Attorney for the Authority or a designated deputy shall attend all
meetings of the Board of Directors; provided, however, that the absence of the Authority Attorney
shall not affect the validity of any meeting. The Attorney shall perform such other duties the Board
of Directors specifies.
(b) Officers and Professional Services. The Board may select, appoint, or
employ any other officers, or professional and expert services as may be necessary or appropriate
to accomplish the purposes of this Agreement, including but not limited to, legal counsel, financial
consultants, accountants, engineers, architects, contractors, appraisers and any other consultants
and advisors, which may be a corporation, partnership, firm or individual. The Board may delegate
to the Fire Chief or to a committee the authority to hire officers and professional services.
(c) Employees of Authority. Employees of the Authority are (i) those
individuals employed by Arroyo Grande, but assigned to the Authority between the Authority and
Arroyo Grande referenced in Exhibit A of this Agreement; and (ii) those individuals employed
directly by the Authority. The Parties’ governing bodies may meet in closed sessions for the
purpose of providing input to the Board regarding the terms of compensation for Authority
employees.
(d) Shared Resources. The Board may contract with a Member Agency, or its
officers, to provide necessary administrative services to the Authority as appropriate. All personnel
employed by the individual Member Agencies shall remain employees of their respective Member
Agency unless and until the Authority affirmatively employs such personnel pursuant to its
powers. No express or implied employment contract between any Member Agency employee and
the Authority exists as a result of this Agreement.
7.5 Interference Prohibited. The Board and the Member Agencies shall deal with the
administrative services of the Authority (which includes the Authority’s Treasurer,
Auditor/Controller and Secretary) only through the Management Committee who may delegate to
the Fire Chief and their responsibility set forth herein, except for the purpose of inquiry. Neither
the Board, the governing body of any Member Agency, nor any individual members of either shall
give orders to any subordinate of the Fire Chief.
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7.6 Rules and Regulations. The Board shall forthwith adopt rules and regulations and
perform all other acts necessary so that the Authority may hire personnel.
8. Equipment and Facilities.
8.1 Fire Stations and Other Real Property
(a) Member Agency Buildings and Structures. Buildings and structures owned
by Member Agencies may be utilized for the Authority’s use, but shall remain the property of the
respective Member Agency. Each Member Agency shall be responsible for the maintenance and
insurance of Member Agency buildings. The Authority shall not directly own, maintain, or insure
any existing building or structure, unless the Authority and a Member Agency expressly agree in
writing that the Authority accepts ownership, responsibility for maintenance, or responsibility to
insure a particular building or structure. Any building constructed or owned by the Authority after
the Formation Date shall be the property of the Authority, and in the event of dissolution of the
Authority, shall be disposed of as provided in this Agreement.
(i) Maintenance By Members. The respective Members owning a fire
station shall be responsible for the maintenance, repair, replacement, and improvements to the
building structure, mechanical systems, electrical, plumbing, and exterior infrastructure (i.e., roof
coverings, driveway, etc.). The Members are not responsible for (i) the maintenance or repair of
any systems that have been installed by the Authority and are unique to fire service operations
(e.g., dispatch/radio systems, computer networks, etc.), and (ii) the cost of performing any such
maintenance or repairs caused by the negligence of the Authority or its employees, agents,
servants, licensees, contractors, or invitees.
(ii) Maintenance By Authority. The Authority shall be responsible for
routine maintenance of fire stations, interior decorating, landscaping, and fire alarm systems. The
Authority is also responsible for the maintenance, repair, replacement, and improvements of the
dispatch telecommunication systems and all systems that have been installed by the Authority
which are unique to fire service operations (e.g., dispatch/radio systems, computer networks,
etc.).
(b) Contributions of Real Property. Either Member Agency may contribute real
property to the Authority for the Authority’s use. The Member Agency owning the interest in the
real property shall continue to own said interest, unless the Member Agencies and Authority agree
otherwise. The Board and the Member Agency owning the interest shall agree on the terms of the
contribution.
(c) Lease or Purchase of Additional Stations. The Authority shall be authorized
to lease, purchase, or obtain any other interest in real property for the Authority’s uses.
8.2 Equipment and Other Personal Property
(a) Equipment Provided by Member Agencies. As soon as reasonably
practicable, the Authority shall inventory all equipment owned by the Member Agencies that is
available for the Authority’s use. All Member Agency equipment shall remain the property of that
Member Agency, unless the Member Agencies otherwise agree. The Member Agency may
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contribute additional equipment for the Authority’s use upon terms agreed between the Member
Agencies and the Authority. The Authority may rent or borrow equipment from the Member
Agencies for temporary use. All equipment owned by the Authority or subject to an equipment
lease for financing purposes, shall remain the property of the Authority.
(b) Acquisition of Equipment. The Authority may acquire any equipment or
other personal property for the Authority’s use.
8.3 Separate Property of the Parties. Exhibit C, attached and incorporated by reference,
establishes the property which is owned by a Member Agency and not the Authority,
notwithstanding that the Authority may use that property.
9. Principal Offices.
9.1 Principal Governance and Business Office. The principal business office and
governance office of the Authority at the date this Agreement is effective shall be Authority’s
Station 1, at 140 Traffic Way, Arroyo Grande, California, 93420, (“Principal Office”) or as
otherwise determined by the Board. The Board may change the Principal Office, from time to
time, and from one location to another, within the Authority Area. Any change shall be noted by
the Authority Secretary and reflected in Authority document, but shall not be considered an
amendment to this Agreement.
10. Financial Provisions.
10.1 Administrative services shall be provided by, and allocated between the Member
Agencies as shown on Exhibit A, attached and incorporated by reference to this Agreement.
10.2 Operation and capital improvements costs shall be allocated among the
jurisdictions in accordance with the cost-sharing formula in Exhibit B, adopted by the Board and
the governing bodies of the Member Agencies, and attached and incorporated by reference into
this Agreement.
10.3 Member Agencies will be billed quarterly by the Authority Treasurer, in
accordance with the provisions of Exhibit A and B. Member Agencies agree to pay the invoices
on a quarterly basis.
10.4 Capital Purchases. Capital purchases that solely benefit a Member Agency shall be
funded by that Member Agency. All other capital purchases shall be funded on terms established
by the Board. The funding of capital purchases that are not budgeted shall be separately approved
by each Local Sub-Committee.
10.5 Budget.
(a) The Board shall initially adopt a budget within 30 days of execution of this
Amended and Restated JPA. The Board shall adopt a budget for maintenance and operation costs,
and costs of special services in time to allow review by the Member Agencies prior to April 30th
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of each fiscal year. The Authority’s fiscal year shall be July 1 to June 30. Each Member Agency
shall prepare its own annual budget for capital costs related to Authority services. Subject to the
exception provided below in Section 10.5(b), no expenditures may be made by or on behalf of the
Authority unless authorized by a budget or budget amendment approved by the Board.
10.6 Invoicing. Upon completion of the initial budget, and thereafter at such other
intervals as determined appropriate by the Board, the Authority shall determine the amount of the
budget expenses payable during the ensuing period pursuant to each Member Agency’s share of
expenses required by this Agreement, and the budget approved by the Board. The Authority shall
submit to each Member Agency an invoice showing the Member Agency’s share for the applicable
period together with a calculation of the Member Agency’s share. Each Member Agency shall
pay to the Authority the amount invoiced within 30 days after the date of the invoice. Any amount
not paid within 60 days of the date of an invoice shall be delinquent.
10.7 Default and Delinquency. Any Member Agency which defaults in its obligation to
pay or advance any amounts due pursuant to this Agreement after such amounts have become
delinquent shall be deemed to have waived and relinquished any rights and benefits it may have
under this Agreement. Any defaulting Member Agency shall be liable to the Authority for interest
on the unpaid amount at the rate of 10% per annum, or the maximum rate allowed by law if it is
less than 10% per annum, until the overdue invoice amount is paid in full. If the Agreement is
terminated, then the defaulting Member Agency shall remain liable for payment of its share of
debts, liabilities and obligations under this Agreement incurred prior to the date of termination,
plus interest.
10.8 Accounting. The Authority shall maintain strict accountability of all funds, receipts
and expenses, and shall keep and maintain appropriate records and accounts of all funds, receipts
and expenses under this Agreement in accordance with generally accepted accounting practices
for California public agencies and the requirements of the Act. The Authority shall allow any
Member Agency, or any of its employees, accountants, attorneys or agents to review, inspect, copy
and audit any such records and accounts.
10.9 Record of Contributions. The Authority shall maintain records of all fire prevention
and suppression equipment, medical equipment, and associated property and assets contributed by
each Member Agency and by the Authority, including any staff resources contributed to the
Authority.
10.10 Audit. The records and accounts of the Authority shall be audited annually by an
independent certified public accountant and copies of such audit reports shall be filed with the
State and each Member Agency pursuant to the requirements of Section 6505 through 6505.6 of
the Government Code. The audit shall conform to generally accepted auditing standards. Such
report shall be filed within 12 months after the end of the fiscal year or years under examination,
and no later than fifteen (15) days after receipt of such audit reports by the Authority.
10.11 Expenditures. The Board shall establish and comply with a system and procedure
for the review and approval of Authority expenditures and claims and the drawing and signing of
Authority warrants or checks. All expenditures shall be consistent with the approved budget,
except as otherwise determined by the Board.
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11. Debts, Liabilities, Obligations. Subject to all applicable laws, including but not limited
to Government Code section 6508.1, all debts, liabilities, and obligations of the Authority shall be
those of the Authority, and do not constitute debts, liabilities, or obligations of any one or more of
the Member Agencies. The responsibilities and obligations of each Member Agency to this
Agreement shall be solely as provided in this Agreement, or as provided in supplemental
agreements or amendments as shall be executed by the Member Agencies. As required by law, the
Member Agencies are liable for CalPERS liability of the Authority as follows:
11.1 The Authority shall use the City of Arroyo Grande’s CalPERS contract for
Employees of the Authority.
11.2 If a Member Agency withdraws from the Authority, the withdrawing Member
Agency shall be liable for, and upon demand shall promptly pay, its share of the existing and/or
contingent liabilities of the Agency as of the effective date of the withdrawal. The withdrawing
Member Agency’s share of liabilities shall bear the same relationship to the whole as its annual
contribution for the operation of the Authority bears to the whole of all annual contributions.
11.3 If a Member Agency withdraws from the Authority, but the Authority does not
dissolve or terminate, and the Authority has established a plan of periodically paying down part of
its unfunded accrued pension liability (“UAPL”) debt to CalPERS, the withdrawing Member
Agency shall continue to be liable, and to promptly pay thereafter to Authority upon being billed,
its share of the Authority’s UAPL based upon its prior years of membership. The withdrawn
Member Agency’s share of such UAPL expense shall be the determined according to the same
formula used by the Authority to allocate such costs during the final year of the withdrawing
Member Agency’s membership.
11.4 The withdrawing Member Agency shall also be liable for any additional Authority
expenses as of the effective date of the withdrawal that exclusively benefit the withdrawing
Member Agency as well as 100% of any early termination fees that accrue due to the withdrawal
of the Member Agency.
11.5 Until such time that the Authority utilizes a different contract approved by its
Board, if the City of Arroyo Grande dissolves, terminates, or ends its contractual relationship with
CalPERS(“the triggering events”), Government Code sections 6508.1 and 6508.2 will require all
existing Member Agencies, and certain past Member Agencies, to each assume individual
financial responsibility for its proportionate share of the UAPL then in effect. By joining
Authority, each Member Agency promises and represents that upon occurrence of a triggering
event: (i) it will undertake this obligation when requested by either CalPERS or the Authority; and
(ii) that unless the Board determines differently, the proportionate share each Member Agency will
assume shall be based upon the same formula used to determine each Member Agency’s share of
the Authority’s last periodic UAPL payment to CalPERS in the year prior to the triggering event.
11.6 Prior to Execution. The debts, liabilities and obligations of each Member Agency
in existence or accrued as of the full execution of this Agreement shall remain the debts, liabilities
and obligations of that Member Agency and shall not be assumed by or transferred to the
Authority. After the execution of this Agreement by both Member Agencies, however, any
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existing debt, liability or obligation of the Member Agencies may be expressly approved or
accepted by the Authority by a formal written action of the Board.
11.7 Fire Engines 2 and 3 Equipment Lease Payments. Notwithstanding any other
provisions of this Agreement to the contrary, the Parties mutually agree and understand that as a
result of any dissociation, withdrawal or termination of this Agreement, no Party will be obligated
for future payment lease obligations for any Engine that does not remain in the custody, control,
and possession of that Member Agency.
12. Indemnity and Hold Harmless; Insurance.
12.1 Indemnification of Member Agencies. The Authority shall indemnify, defend and
hold harmless the Board of Directors, the individual Member Agencies, and their members,
officers, directors, employees and agents from and against any and all liability, loss, damages,
expenses, costs (including, without limitations, costs and fees of litigation or arbitration) of every
nature, arising out of any act or omission related to this Agreement, any individual Member
Agency, or their members, officers, directors, employees and agents.
12.2 Indemnification for Prior/Separate Acts. Each Member Agency (Indemnifying
Member Agency) shall defend, indemnify and hold harmless the Authority, each Director, the
other Member Agency, and the Authority and each Member Agency’s respective Council or
governing board members, officers, agents and employees, from any and all claims, losses,
damages, costs, injuries and liabilities of every kind, including attorney’s fees and expert’s fees,
arising directly or indirectly from the Indemnifying Member Agency’s acts or omissions occurring
prior to the effective date of this Agreement’s initial Effective Date of June 7, 2010 or otherwise
outside the scope of this Agreement.
12.3 Insurance. The Authority shall acquire insurance protection as is necessary to
protect the interests of the Authority and the Member Agencies. The premiums for insurance
acquired by the Authority, as well as any anticipated funds necessary to pay for self-insured
retentions and deductibles for insurance, shall be determined based upon actuarial studies and
included in the budget. Any adjustments to the budget to pay for insurance premiums, self-
insured retentions, and deductibles shall be prepared by the Management Committee for
presentation to the Board of Directors for consideration and approval.
12.4 Survival. These defense, indemnification, and hold harmless obligations shall
survive and continue in full force and effect after withdrawal of any Member Agency from this
Agreement or termination of this Agreement for any reason with respect to any negligent acts,
errors or omissions that occurred before the date of such withdrawal or termination.
13. Termination.
13.1 Termination.
(a) When there are only two Member Agencies in the Authority, either Member
Agency may unilaterally terminate the Agreement with an effective termination date of June 30 of
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any Fiscal Year, provided that written notice is provided to, and received by, the Authority and the
other Member Agency by the terminating Member Agency no later than June 30 of the prior Fiscal
Year, as expressed by vote of the governing body of the terminating Member Agency. Any
terminating Member Agency shall be obligated to pay that Member Agency’s contributions for the
Fiscal Year ending on the effective date of termination.
(b) The Member Agencies may all jointly agree by written consent to terminate
the Agreement, as expressed by resolution of the governing boards of all Member Agencies
(passed by vote of the membership of the governing body of each Member Agency). Such
termination shall provide for adequate time to wind-up the affairs of the Authority and distribute
any assets pursuant to this Agreement. The Member Agencies shall be obligated to pay their
contributions until the effective date of termination.
13.2 Disposition of Member Agencies’ Property Upon Termination. Any property that
was acquired by either Member Agency prior to entering this Agreement, and that is required either
by this Agreement or by any subsequent act or Agreement to remain the property of the Member
Agency, shall be returned to the Member Agency upon termination of this Agreement. Exhibit C
lists the separate property of the Member Agencies, but a Member Agency may prove that it, and
not the Authority, owns certain property by providing documentation establishing such ownership.
If property is not listed in Exhibit C, and no documentation establishes ownership of that property,
the property will be presumed to be owned by the Authority.
13.3 Disposition of Authority Property Upon Termination. Upon termination of this
Agreement, the assets and property of the Authority shall be distributed as follows
(a) First, if either Member Agency is in default of its obligation to pay or
advance any amounts due to Authority pursuant to this Agreement, then any funds or assets of the
defaulting Member Agency shall be applied to the Authority in satisfaction of any such
delinquency.
(b) Second, any other funds on hand shall be used to liquidate and wind-up the
affairs of the Authority.
(c) Third, any surplus funds on hand remaining after satisfaction of subsections
(a) and (b) above shall then be returned to the Member Agencies in proportion to their proportional
financial contributions made to the Authority.
(d) Fourth, any property acquired by either Member Agency prior to entering
this Agreement shall be returned to the Member Agency which owned the property at the
Formation Date; provided, however, that if any such property has been substantially improved,
repaired or modified by Authority funds, it shall be distributed pursuant to subsection (e) below.
(e) Fifth, any remaining property and assets shall be divided and distributed
amongst the Member Agencies pursuant to separate agreement of the Member Agencies entered
into at that time. If such subsequent agreement is not successfully negotiated and agreed to within
a reasonable period of time, then the remaining property and assets shall be sold and the net
proceeds from any sale shall be distributed among the Member Agencies in proportion to their
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financial and equipment contributions made to the Authority during the operation of this
Agreement and any ancillary agreements.
14. Conflict Resolution. The Member Agencies agree that any and all disputes, claims or
controversies between the Member Agencies arising out of or relating to performance of this
Agreement, shall be resolved pursuant to the conflict resolution provisions as follows:
14.1 The Member Agencies shall first meet and attempt in good faith to negotiate and
resolve any dispute arising out of or relating to this Agreement, subject to subsequent approval of
any such resolution by the respective governing boards. The Member Agencies may, in each
Member Agency’s respective discretion, appoint either an alternative representative of the
governing body or an ad hoc committee constituting less than a quorum of the governing body to
meet and attempt in good faith to negotiate and resolve any dispute arising out of or relating to this
Agreement, subject to subsequent approval of any such resolution by the respective governing
boards.
14.2 If the matter is not resolved by negotiation pursuant to Section 14.1 above, then the
Member Agencies agree that the matter shall be submitted to mediation within a reasonable period
of time after receipt of a written request from one Member Agency to the other Member Agency
requesting such mediation. The Member Agencies shall cooperate with one another in selecting a
mediator and in scheduling the mediation proceedings. Should the Member Agencies be unable
to agree upon a mediator, they shall agree upon a mediation service and shall have that service
select a mediator for them. The Member Agencies agree that they shall participate in the mediation
in good faith and that they will share equally in the costs of mediation. All offers, promise s,
conduct and statements, whether oral or written, made in the course of the mediation by any of the
Member Agencies, their agents, employees, experts and attorneys, and by the mediator or any
employees of the mediator, are confidential, privileged and inadmissible for any purpose, including
impeachment, in any litigation or other proceeding involving the Member Agencies, provided that
evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non -
discoverable as a result of its use in the mediation.
14.3 If the matter is not resolved by negotiation pursuant to Section 14.1 above, or by
subsequent mediation pursuant to Section 14.2 above, then the Member Agencies may submit the
matter to binding or non-binding arbitration, but only if both Member Agencies agree to submit
the particular controversy to arbitration. Neither Member Agency shall have a right to submit any
controversy to arbitration without the other Member Agency’s consent.
15. New Members.
15.1 Addition of New Members. The Authority may set the terms and conditions for
admitting new members (a “New Member Agency”) that it deems appropriate either by
amendment to this Agreement or the Bylaws. New members may only be admitted with unanimous
approval of the Board and the governing bodies of each Member Agency. Approved new Members
shall execute a copy of this Agreement, as amended, and shall thereafter be subject to all terms
and conditions contained herein.
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15.2 Construction. The terms of this Agreement shall be construed so as to apply to new
Members the same as to the initial Member Agencies to the Agreement. New Members shall have
the rights and obligations accorded to “Members” or “Member Agencies (whether singular or
plural) under this Agreement.
15.3 Cost Share. Prior to the acceptance of any New Member Agency, the proposed
New Member Agency shall pay an amount, as determined by the Board, for the proposed New
Member Agency’s fair share of any start-up costs or other initial investments incurred by the
Authority to admit the New Member Agency.
15.4 Funding of Services. The Authority shall not provide any fire protection or related
services within a New Member Agency’s geographic area unless and until the New Member
Agency deposits sufficient funds to cover the estimated costs of services for a period of time as
determined by the Board, to be not less than six (6) months.
16. Withdrawal. Notwithstanding any other provision of this Agreement, any Member
Agency may withdraw from the Authority by providing the Authority with written notice of its
intent to withdraw consistent with Section 13.1 of this Agreement, Termination. This includes
providing written notice no later than June 30 of any Fiscal Year, a continuing obligation to pay
that Member Agency’s contributions for the Fiscal Year ending on the effective date of
termination, and following Section 13.1.b. for the procedure where the Members Agency may
jointly agree by written consent on the withdrawal of a Member Agency. A withdrawal from the
Authority constitutes a withdrawal of that Member Agency’s representatives from the Board of
Directors.
17. Effect of Withdrawal. The withdrawal of a Member Agency shall not terminate its
responsibility to contribute its share of any obligation incurred by the Authority, including amounts
determined by the Board for (1) liabilities and claims accrued during the time the agency was a
Member Agency or (2) budgeted expenses for the Fiscal Year in which notice of intent to withdraw
is given. Except as the withdrawing Member Agency may agree, in writing, with the Board, the
withdrawing Member Agency shall automatically relinquish all rights as a Member Agency under
this Agreement, on the effective date of the withdrawal. Upon termination of this Agreement, a
Member Agency that has withdrawn will be treated like all other Member Agencies for purposes
of disbursement of Authority assets, unless otherwise agreed in writing and the remaining Member
Agencies of the Authority can maintain the name “Five Cities Fire Authority.”
18. Conflict of Interest Code. The Authority adopts as it Conflict of Interest Code the Fair
Political Practices Commission Model Conflict of Interest Code with appropriate substitution
regarding references to the Board and Authority officers.
19. General Provisions.
19.1 Integration. This Agreement constitutes the sole, final, complete, exclusive and
integrated expression and statement of the terms of this contract among the Member Agencies
concerning the subject matter addressed herein, and supersedes all prior negotiations,
representations or agreements, either oral or written, that may be related to the subject matter of
this Agreement, except those other documents that are expressly referenced in this Agreement.
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19.2 Headings. The section and subsection headings in this Agreement are included
herein for convenience of reference only and shall not constitute a part of this Agreement for any
other purpose.
19.3 Consents. Whenever any consent and/or approval is required under this Agreement
from any Member Agency, said consent and/or approval shall not be unreasonably withheld.
19.4 Construction and Interpretation. It is agreed and acknowledged by the Member
Agencies that this Agreement has been arrived at through negotiation, and that each Member
Agency has had a full and fair opportunity to revise the terms of this Agreement. Consequently,
the normal rule of construction that any ambiguities are to be resolved against the drafting Member
Agency shall not apply in construing or interpreting this Agreement.
19.5 Waiver. The waiver at any time by any Member Agency of its rights with respect
to a default or other matter arising in connection with this Agreement shall not be deemed a waiver
with respect to any subsequent default or matter.
19.6 Remedies Not Exclusive. The remedies provided in this Agreement are cumulative
and not exclusive, and are in addition to any other remedies that may be provided by law or equity.
The exercise by either Member Agency of any remedy under this Agreement shall be without
prejudice to the enforcement of any other remedy.
19.7 Severability. The invalidity, illegality or unenforceability of any provision of this
Agreement shall not render the other provisions unenforceable, invalid or illegal.
19.8 Successors and Assigns. Except as otherwise provided by law, the rights and duties
of the Member Agencies under this Agreement shall not be assigned or delegated without the prior
written consent of the other Member Agency. Any attempt to assign or delegate such rights or
duties in contravention of this Agreement shall be null and void. Any approved assignment or
delegation shall be consistent with the terms of any contracts, resolutions, indemnities and other
obligations of the Authority then in effect, and may be subject to such additional reasonable
conditions of approval imposed by the Member Agency approving the assignment or delegation.
19.9 No Third Member Agency Beneficiaries. This Agreement shall not be construed
to create any third party beneficiaries. This Agreement is for the sole benefit of the Member
Agencies, and their permitted successors, transferees and assignees, and no other person or entity
shall be entitled to rely upon or receive any benefit from this Agreement or any of its terms.
19.10 Amendment. This Agreement may be modified or amended only by a subsequent
written agreement approved by the governing board of each Member Agency and executed by both
Member Agencies pursuant to the terms and conditions of this Agreement.
19.11 Governing Law and Venue. Except as otherwise required by law, this Agreement
shall be interpreted, governed by, and construed under the laws of the State of California. The
County of Riverside shall be the venue for any litigation concerning the enforcement or
construction of this Agreement.
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19.12 Attorney Fees. In the event any legal action is brought to enforce or construe this
Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees, expert
witness and consulting fees, litigation costs and costs of suit.
19.13 Notice. Any notice, demand, invoice or other communication required or permitted
to be given under this Agreement shall be in writing and either served personally or sent by prepaid,
first class U.S. mail to the City Clerk and City Attorney of each Member Agency.
Any notice or other communication served by personal delivery shall be deemed received when
actually delivered. Any notice or other communication shall be deemed as received three days
after deposit in United States mail, postage prepaid, return receipt requested.
19.14 Counterparts. This Agreement may be executed by the Member Agencies in
separate counterparts, each of which when so executed and delivered shall be an original, but all
such counterparts shall together constitute but one and the same instrument.
[signature page follows]
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IN WITNESS WHEREOF, the Member Agencies hereto have executed this Joint
Exercise of Powers Agreement as of the date last executed as set forth below.
CITY OF GROVER BEACH
By
Mayor,
Dated
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF ARROYO GRANDE
By
Mayor
Dated
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
City Attorney
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65501.00001\41215817.1
EXHIBIT A
ADMINISTRATIVE SERVICES
Administrative services shall be provided to the Authority by the Members as follows:
1. Personnel. All personnel working for the Authority will be employed by the City of Arroyo
Grande. Personnel, benefits, payroll, and workers compensation matters shall be
administered by Arroyo Grande subject to a written agreement between the
Authority and the City of Arroyo Grande. The City of Arroyo Grande shall assign all fire
service employees on a full-time basis to carry out the functions of this Agreement.
Furthermore, under such written agreement, the City of Arroyo Grande will assign all of its
responsibilities of the appointment, promotion, management, training, supervision,
evaluation, discipline, and termination of employees as well as labor negotiations with
represented employees to the Authority under the Authority’s chain of command and
decision making process.
2. Finance. The City of Arroyo Grande shall provide financial services. Financial services shall
include the provision of payroll, accounts payable, and accounts receivable services, as well as,
any financial reporting and auditing services that may be required.
3. Information Technology. The City of Arroyo Grande shall provide information technology
services. Information Technology shall include monitoring and maintaining the company
computer systems, installation and configuration of hardware and software, and solving technical
issues as they arise.
4. Indirect Contribution. Payment for the services as described in Exhibit A shall be the
responsibility of the Member providing the services as referenced in Exhibit A. The payment for
such services by said agencies shall be recognized as an indirect contribution made by the
respective agency. All indirect contributions shall be recognized in the Authority's budget as a
contribution from the respective agency and shall be deducted from the contributing agency's
proportional allocation of costs for the operation of the Authority.
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EXHIBIT B
FUNDING FORMULA
Effective July 1, 2023, each Member Agency shall pay for the ongoing costs of the Five Cities Fire
Authority according to the following formula to be calculated annually when the budget is prepared:
1. 58% of the total costs shall be paid by the City of Arroyo Grande;
2. 42% of the total costs shall be paid by the City of Grover Beach.
Any revenue received by the Authority, such as through a contract for service, reimbursements received
for strike team deployment or automatic aid, grant funding, or fees for service, shall reduce the total costs
that are then allocated to the Member Agencies according to the above formula.
The funding formula contained herein shall be reevaluated by the Member Agencies at least every two
years, prior to the Member Agencies’ biennial budget adoption.
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EXHIBIT C
INVENTORY OF SEPARATE PROPERTY OF THE
MEMBER AGENCIES
The following inventory of each Member Agency will become the property and
responsibility of the Authority, including but not limited to maintenance, insurance, and
replacement:
Arroyo Grande Grover Beach
Engine 6691 – 2007 Pierce Type I Engine Bauer Air-Fill Compressor – GB Station
Rescue 6652 – 1996 E-One Rescue
Utility 6632 – 1995 Ford F-250 Pick-Up
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EXHIBIT D
The following map identifies the service areas of the Member Agencies for the JPA.
Contractual services provided to areas outside of these Member Agencies are not depicted
on this map.
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ATTACHMENT 2
April 2023
Five Cities Fire Authority
Analysis of Fire Services
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1730 MADISON ROAD • CINCINNATI, OHIO 45206 • 513 861 5400 • BAKERTILLY.COM
April 13, 2023
Mr. Matthew Bronson
City Manager
City of Grover Beach
154 S. Eighth Street
Grover Beach, CA 93433
Dear Mr. Bronson:
Baker Tilly is pleased to transmit this report on our assessment of the Five Cities Fire Authority
(FCFA). The focus of this engagement was to provide an overall assessment of the financial
impacts associated with the departure of the Oceano Community Services District (OCSD) from
the FCFA based on OCSD’s initiation of the divestiture process with the San Luis Obispo
County Local Agency Formation Commission (LAFCO). In this report, we identified staffing
and fire service options and developed options for a new governance structure. In all, our
report includes 18 recommendations for organization enhancements and efficiencies. In
addition, we also created a user-friendly and multi-faceted fiscal model for the FCFA and the
cities of Arroyo Grande and Grover Beach to use in their respective budget forecasting. This
fiscal model will be provided to you separate from this report.
Our review found that the FCFA has done a commendable job in providing basic fire
suppression service to its partner agencies, given its limited financial resources, constrained
operating budget, and organizational challenges. While the FCFA is an improvement over the
previous separate city department model, like other small fire agencies, the FCFA has many
operational challenges. However, we feel that we have made several recommendations in this
report to help the FCFA address the challenges.
We appreciate the FCFA staff and staff from the cities of Arroyo Grande and Grover Beach for
providing us with a variety of information and for having very candid discussions with our
team members. In addition, we valued the feedback we received from both the Arroyo Grande
City Council and the Grover Beach City Council on our observations and preliminary
recommendations presentation, and please be advised that this report provides updated data
based on information we received since those presentations were made.
Sincerely,
Carol Jacobs
Managing Director
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Analysis of Fire Services
Table of Contents Baker Tilly
i
Table of Contents
Executive Summary .................................................................................................................................. 1
Major Observations .......................................................................................................................... 1
Organization of the Document ....................................................................................................... 2
Background ................................................................................................................................................ 3
Project Approach ....................................................................................................................................... 4
Interviews .......................................................................................................................................... 4
Interview Themes ........................................................................................................................ 5
Document Review ............................................................................................................................ 5
Service Level Analysis ............................................................................................................................. 6
Fire Chief’s Recommended Staffing Plans ........................................................................................ 19
Plan A – Incremental staffing increase with a 4th Company in FY 2029 ............................... 19
Plan B – An immediate staff increase of 12 and adding a 4th Company in FY 2027 ............ 19
Fiscal Analysis ......................................................................................................................................... 21
Alternative Models ................................................................................................................................. 37
Maintain the JPA pooled FCFA structure to serve the two cities and possibly provide
short-term or longer-term service to Oceano via contract ........................................................ 37
Revert to stand alone independent city fire departments ........................................................ 40
Contract out service delivery to CALFIRE ................................................................................. 40
One City to contract for fire service delivery with the other City ........................................... 41
Regional Consolidation ................................................................................................................. 41
Governance Structure ............................................................................................................................. 43
Conclusion ................................................................................................................................................ 44
Attachment A – List of Recommendations ......................................................................................... 45
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Analysis of Fire Services
Table of Contents Baker Tilly
ii
Tables
Table 1. First Alarm Residential Staff Assignments .......................................................................... 7
Table 2. Current FY 2022-23 Budgeted Staffing .................................................................................. 8
Table 3. Comparison of FCFA Service Area and Staffing Model to Nearby Agencies ............... 9
Table 4. Annual Calls for Service1 ....................................................................................................... 10
Table 5. Plan A – Incremental staffing increase with 4th Company in FY 2029 ......................... 19
Table 6. Plan B – Immediate staff increase of 12 with 4th Company in FY 2027 ........................ 20
Table 7. Total Cost .................................................................................................................................. 20
Table 8. Percentage Allocation of Contributions Between Member Agencies ........................... 23
Table 9. Plan A-2 Staffing Configuration and Additions by Year ................................................. 25
Table 10. Plan A-3 Staffing Configuration and Additions by Year ............................................... 25
Table 11. Plan A-4 Staffing Configuration and Additions by Year ............................................... 26
Table 12. Plan A-5 Staffing Configuration and Additions by Year ............................................... 27
Table 13. Low-Cost Option: FCFA forecast with OCSD scenario 1/staffing Plan A-4 ($ in 000)
28
Table 14. Medium-Cost Option: FCFA forecast with OCSD scenario 1/staffing Plan A-3 ($ in
000) 28
Table 15. High-Cost Option: FCFA forecast under OCSD scenario 1/staffing Plan A-2 ($ in
000) 29
Table 16. Low-Cost Option: FCFA forecast under OCSD scenario 2/staffing Plan A-4 ($ in
000) 30
Table 17. Medium-Cost Option: FCFA forecast under OCSD scenario 2/staffing Plan A-3 ($ in
000) 30
Table 18. High-Cost Option: FCFA forecast under OCSD scenario 2/staffing Plan A-2 ($ in
000) 31
Table 19. Low-Cost Option: FCFA forecast under OCSD scenario 3/staffing Plan A-4 ($ in
000) 32
Table 20. Medium-Cost Option: FCFA forecast under OCSD scenario 3/staffing Plan A-3 ($ in
000) 32
Table 21. High-Cost Option: FCFA forecast under OCSD scenario 3/staffing Plan A-2 ($ in
000) 33
Table 22. FY 2024 Contribution by Cities and Increase Over FY 2023 ($ in 000) ......................... 34
Table 23. Plan A-4 Two Three-Person and One Two-Person Companies Without Added
County Funding Support ($ in 000) ..................................................................................................... 38
Table 24. Plan A-2 – Three Three-Person Companies Without Added County Funding
Support ($ in 000) .................................................................................................................................... 39
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Analysis of Fire Services
Table of Contents Baker Tilly
iii
Table 25. Plan A-5 – Two 3-Person Engine Companies, Added Battalion Chief and Contracted
Prevention Services, Service Only the Two Cities, Without OCSD ($ in 000) ............................ 39
Figures
Figure 1. FCFA Expense versus Revenue Assuming no OCSD, Current Staffing Levels, and
Continued Flat City Contributions ...................................................................................................... 24
Figure 2. Projected Costs for FCFA and Nearby Cities ($ in 000) ................................................... 34
Figure 3. Range of FCFA Contributions by Cities Through FY 2029 ($ in 000) ........................... 35
Figure 4. Regional Map1 ......................................................................................................................... 42
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Analysis of Fire Services
Executive Summary Baker Tilly
1
Executive Summary
Baker Tilly was engaged by the cities of Arroyo Grande and Grover
Beach to assist with an analysis of fire services provided by the Five Cities
Fire Authority (FCFA).
The objective of this engagement was to:
Provide an assessment of the financial impacts of the departure of
the Oceano Community Services District (OCSD) from the FCFA;
Provide the options available to the FCFA to address the financial
gap as a result of OCSD’s withdrawal from the FCFA; and
Recommend a new governance structure upon the departure of OCSD.
Major Observations
Through our data gathering and analysis, we made numerous detailed
observations described further in this report. Major observations that
informed our recommendations are provided below.
The need for an ongoing dedicated revenue source to finance
operational and capital costs. With the exception of grant
funding and state strike team reimbursements, all operations and
capital expenses are financed directly by participating agencies.
Each agency makes a financial contribution based on a pre-
determined funding allocation amount; however, recent annual
financial contributions have not sufficiently financed operations
or capital costs. Consequently, a dedicated revenue source is both
needed and warranted.
The divestiture of OCSD fire service responsibility will take time
to resolve. The process for divestiture was initiated by the OCSD
Board of Directors on January 11, 2023, and now the San Luis
Obispo Local Agency Formation Commission (LAFCO) will
decide on this matter. However, this decision will not be made
before the end of this fiscal year; thus, options for fire service in
the Oceano area will need to be explored.
The FCFA does not meet National Fire Protection Association
(NFPA) 1710 standards. NFPA sets standards for fire suppression,
emergency medical operations, and special operations through
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Analysis of Fire Services
Executive Summary Baker Tilly
2
NFPA 1710 which requires, amongst other things, four-person
response units with a total of 17 personnel required for structure
fires. FCFA does not meet this standard.
The FCFA faces numerous operational challenges. Operational
challenges include inconsistent staffing levels on all units,
insufficient resources devoted to training (especially high-risk/low
frequency calls), the lack of a dedicated revenue source to help
finance operations and capital costs, inadequate fire prevention
programs and managerial oversight, and an outdated
communication system.
A Standards of Cover and Community Risk Assessment are
needed. Both a Standards of Cover and Community Risk
Assessment are essential for determining the appropriate staffing
and deployment needs of the agency. A Standards of Cover report
would identify response time objectives, establish standards for
measuring the effectiveness of department resources, and
evaluating the deployment of those resources. A Community Risk
Assessment would provide the FCFA with recommendations of
how to prepare their community to respond to emergency events
and develop community resilience.
The number of calls for service for the existing service population
is consistent with industry standards; however, public service or
non-emergent calls represent 40% of total calls, which is
relatively high compared to surrounding agencies. For example,
the percentage of non-emergent calls in surrounding agencies are
Paso Robles 19.1%, Morro Bay 20.2%, San Luis Obispo 23.8%, and
Atascadero 30.7%. It is our understanding that the reporting
software has a coding issue that needs to be addressed and may
result in an increase in emergency medical calls and a
corresponding decrease in non-emergent calls.
Organization of the Document
The remainder of this report is organized into the following major
sections:
Background
Project Approach
Service Level Analysis
Fire Chief’s Recommended Staffing Plans
Fiscal Analysis
Alternative Models
Governance Structure
Conclusion
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Analysis of Fire Services
Background Baker Tilly
3
Background
In 2004, the cities of Arroyo Grande and Grover Beach initiated a
partnership to provide fire services. This partnership included sharing
personnel such as a fire chief and training officer and was later expanded
to include equipment sharing, a consolidation of their reserve firefighter
programs, and a change in how 9-1-1 calls were dispatched with the
closest fire resource responding regardless of community boundaries. In
2009, the Oceano Community Services District joined the partnership
leading to a complete consolidation of the fire departments on July 9,
2010, and the establishment of the Five Cities Fire Authority.
The Five Cities Fire Authority serves a 10 square mile area, which
includes the communities of Arroyo Grande, Grover Beach, and Oceano,
with a population of approximately 38,000. The area is served by three
fire stations. The mission of the Five Cities Fire Authority is “to provide the
highest level of service possible by mitigating threats to life, property, and the
environment while meeting the growing needs of our communities.”
After a special tax measure failed in the Oceano Community Services
District (OCSD) in June 2022, the OCSD took action to withdraw from the
Five Cities Fire Authority effective June 30, 2023. As a result, Grover
Beach and Arroyo Grande requested an assessment of the financial
impacts associated with the OCSD’s departure and the staffing and fire
service options available in order to continue to provide fire prevention
and suppression services to their respective communities be prepared by
an independent third party.
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Analysis of Fire Services
Project Approach Baker Tilly
4
Project Approach
In 2015, the fire chief performed a Strengths, Weakness, Opportunities,
and Threats (SWOT) analysis of the FCFA. Later, in 2017, the FCFA Board
hired a consultant to assist the Board with the development of a Five-Year
Strategic Plan that assessed the agency’s staffing, equipment, personnel
deployment, and resource needs. This previous work provided Baker
Tilly with background information and context for this engagement.
Baker Tilly also obtained additional information through interviews and
review of operations-related documents which informed the
recommendations in this report.
Interviews
To inform our analysis, Baker Tilly conducted individual and group
interviews with the following:
1. CALFIRE representatives
2. City Managers
3. City finance directors
4. FCFA command staff
5. FCFA firefighters’ union representatives which included captains,
engineers and firefighters
6. Former FCFA Board Members
7. OCSD General Manager
8. San Luis Obispo County Fire Chief
9. San Luis Obispo County Local Agency Formation Commission
(LAFCO) Executive Director
The purpose of the interviews was to obtain insight on:
• Strengths, weaknesses, and opportunities for improvement inside
and outside the organization;
• Organization structure and staffing;
• Interagency collaboration and communication;
• Technology systems and staff development opportunities;
• Financial management and reporting; and
• Assessment of best practices.
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Interview Themes
The following major themes emerged from our interviews.
• FCFA personnel take great pride in the service they provide and
are passionate about enhancing service levels.
• The departure of OCSD is a concern from a fire service delivery
and funding perspective.
• Board members, city management, fire command staff, and floor
personnel are concerned about the availability of funding to
properly finance operations and capital costs.
• According to floor personnel, they are overworked and stressed
due to operational challenges and lack of resources.
• A low level of collaboration exists between FCFA personnel and
the JPA member agencies which has caused frustration amongst
floor personnel leading to a lack of harmony and mutual
understanding in the workplace.
• Continued consolidation of fire resources from neighboring
agencies makes the most sense rather than having standalone city
fire departments.
Document Review
Baker Tilly reviewed a wide range of documents to help inform our
analysis. The documents are listed below.
Budgeting and financial-related information including CalPERS
Actuarial Reports
CALFIRE Emergency Command Center Contract
CALFIRE Pismo Beach Contract
Citygate Pismo Beach Analysis
Calls for service data and associated call volume information
Emergency Command Center Three Year Data Run by Unit
FCFA Joint Powers Agreements and associated amendments
La Verne Fire Department Community Risk
Assessment/Standards of Cover
NFPA 1500 Firefighter Safety and Wellness
NFPA 1710 Standard for Deployment
NFPA 1730 Community Risk/Fire Prevention
Public Protection Classification Summary Report by the Insurance
Services Office
Santa Maria Fire Department Community Risk
Assessment/Standards of Cover
Special District Fire Projection Study
Strategic planning and associated fire study documents
Various FCFA operations documents
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Service Level Analysis
Since 2010, the FCFA has provided fire prevention and suppression
service to the cities of Arroyo Grande, Grover Beach, and the
unincorporated area of Oceano. Their service area boundary covers
almost 10 square miles. FCFA serves a population of over 38,000 and
personnel respond from three separate fire stations.
The FCFA has a total of 26.5 full-time equivalent (FTE) budgeted
positions. The FY 2022-23 annual budgeted revenues are $6.3 million with
$6.9 million in appropriations resulting in budgeted deficit of $616,000.
The annual capital budget for the FCFA is slightly over $250,000. This
represents an increase from prior years, which averaged about $100,000
per year over the last three years. The FCFA does not currently have an
established asset replacement program for equipment and apparatus
which makes it challenging to replace mission-critical assets when
needed. In addition, there is no current long-term capital plan for fire
station renovations or improvements.
Given their limited financial resources, the FCFA provides basic fire
suppression service to the community and maintains a positive
relationship with the public. There also exists a non-profit group called
“Friends of the Five Cities Fire Authority” that is made up of community
volunteers designed to help provide additional funding to the agency as
well as support its goal of providing effective fire protection services to
the residents of the central coast. The FCFA model enables the cities to
provide fire protection services in a cost-effective manner. The
department could be characterized as a home-grown department with
many local employees. The majority of those in a supervisory capacity
have been promoted through the ranks of the organization. Like many
small fire agencies, the operational design and organization make the
FCFA unique while also creating challenges for service delivery which
are discussed later in this report.
Because of the topography and vast service boundaries of the FCFA,
automatic and mutual aid resources have lengthy response times. As
such, the FCFA does not currently meet the National Fire Protection
Association (NFPA) standards for fire suppression, emergency medical
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operations, and special operations as outlined in NFPA 1710 for public
career fire organizations. Specifically, the daily unit staffing is not at the
required level to meet this standard. NFPA requires four personnel on
each unit with 17 personnel required for structure fires within 8 minutes
of being dispatched. Rather than being at the required 17 personnel, the
FCFA has only 11 personnel, thus requiring assistance from other outside
fire agencies to properly attack a structure fire as illustrated in Table 1
below.
Table 1. First Alarm Residential Staff Assignments
Assignment Standard FCFA1
Incident Commander 1 22
Pump Operator 1 1
Fire Attack 2 2
Back-Up Crew (BUC) 1 2 2
Attack/BUC Support 2
Victim Search & Rescue 2
Ladders and Ventilation 2 2
Truck Operator 1
Rapid Intervention Crew (RIC) 4 22
Subtotal 17 11
1When Oceano is open, there exists 1 additional Fire Engineer
2Automatic Aid - One Battalion Chief, One Engine Company with staffing of two
The NFPA 1710 requirement is based on operational studies conducted
by the NFPA and the National Institute of Standards and Technology
(NIST) on fireground and emergency medical services field experiments.
These experiments defined the number and types of tasks specific fire
personnel are required to perform for successful outcomes during fire
and emergency medical service (EMS) calls for service. They compare
staffing of two, three, four, and five firefighters with varying arrival times
of each apparatus. In addition, there is a Cal OSHA regulation in place
requiring four personnel to be on scene and available for rescue before
entering a hazardous environment. With the current FCFA configuration
and staffing model this is not easily met, and the only permitted
exception is entry to rescue a victim.
With regards to the current NFPA standard, Table 2 on the following
page compares the NFPA standard with the current complement of
FCFA.
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Table 2. Current FY 2022-23 Budgeted Staffing
Current
Station Companies
A/P/T1 Arroyo Grover 3rd 4th Total
Chief 1 1
Admin 1.5 1.5
Fire Marshal 0
Prevent Spec 0
EMS Coord 0
Batt Chief 2 2
Captain 3 3 3 9
Engineer 3 3 1 7
Firefighter 3 3 6
Total 4.5 9 9 4 26.5
1 A/P/T = Administration/Prevention/Training
Of the 26.5 full-time equivalent (FTE) positions, 22 FTEs are sworn
positions that provide a three-company deployment with two three-
person companies (one assigned to each City) and one two-person
company on "B" shift only that is assigned to the Oceano area. In
addition, there are 2.5 FTE positions assigned to administration
(including the fire chief), along with 2 battalion chiefs, as illustrated in
Table 2.
While the FCFA has a three-company deployment, because of the current
staffing pattern illustrated in Table 2 above, the FCFA unit assigned to
Oceano is out of service approximately 66% of the time. Taking this unit
out of service puts a greater demand on the two remaining units. The
logical result is an increase in simultaneous calls and dependance on
automatic and mutual aid.
The constant staffing provision in the current memorandum of
understanding (MOU) is two positions short of staffing all three units
every day. The delivery of safe and efficient fire suppression and
emergency service is based on the time and weight of responding
resources, leading to effective mitigation. The varying and low level of
staffing puts firefighters and the public at greater risk of injury and
contributes to a low level of incident control and desired outcomes. If
funding was not an issue, the ideal staffing would be for all front-line
engines and trucks to be staffed by four full-time sworn personnel. And
while this staffing model has proven to be the safest and most effective
way to mitigate emergencies, many agencies are unable to provide this
level of service. In fact, agencies of similar size and call volumes to FCFA
commonly use a staffing pattern of three per unit as illustrated in Table 3.
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Table 3. Comparison of FCFA Service Area and Staffing Model to Nearby Agencies
Agency Population
Area (Square
Miles)
Fire
Stations
2022 calls
for Service Staffing Model
FCFA w/ OCSD (Plan A-4)1 38,154 9.65 3 4,154 Two three-person companies
and one two-person squad
FCFA w/o OCSD (Plan A-5) 31,000 8.15 2 3,326 Two three-person
companies2
Pismo Beach 8,000 13.5 2 2,487 Two two-person companies
Atascadero 30,500 26.13 2 3,453 Two three-person companies
Lompoc 43,800 11.67 2 4,201 Two three-person companies
and one two-person squad
Paso Robles 31,759 19.65 23 4,748 Two three-person companies
and a two-person squad
1 The FCFA calls for service are from 2021; calls for 2022 have not yet been received.
2 Calls for service do not reflect mutual aid as data was not provided by jurisdiction.
3 Fire Station 3 is currently under construction with an estimated completion date of summer 2023. The fire station at the airport is
not staffed.
The management complement in the FCFA consists of two battalion
chiefs and a fire chief. Currently, the work schedules for the two battalion
chiefs do not align with the three shift schedules of suppression
personnel resulting in communication challenges. Furthermore, program
management and oversight responsibilities are currently being delegated
to floor personnel. While this is not uncommon in smaller fire agencies
that have limited management resources, it is an inefficient practice and
leads to communication and operational issues.
Recommendation 1. Add an additional battalion chief to
the full-time complement of management personnel and
assign each battalion chief to a shift schedule.
There is an immediate need for an additional battalion chief to balance
program oversight and operational responsibilities. This was cited in the
2017 Strategic Plan and has yet to be addressed. Once an additional
battalion chief is hired, all battalion chiefs should then convert to the 56-
hour shift schedule to provide better operational safety through
consistent and timely command and control on emergency scenes.
During our engagement, Baker Tilly also noted that most administrative
and operational programs necessary to run the department have been
subordinated to captains with a battalion chief being the liaison for
management and oversight. While the captains may be capable of
managing these tasks, the additional responsibilities and required time
commitment limit their ability to effectively complete their
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responsibilities and address issues related to their respective crews
resulting in miscommunication and uncertainty. The addition of a
battalion chief will position the command staff to lead the organization by
setting goals, assist with policy development, identifying needs,
developing plans, monitoring performance, and creating systems of
accountability.
Future Staffing Priorities
As the organization continues to grow and the service population
increases, a training officer/emergency medical services (EMS)
coordinator, a full-time fire inspector, and an additional fire unit may be
necessary to assure administrative compliance, unit coverage, and
response capabilities. However, we do not foresee this type of increased
staffing being needed in the near future based on the average annual
growth in calls for the two cities. As illustrated in Table 4, the average
annual growth in calls in the cities from 2012 to 2021 is 3.6%.
Table 4. Annual Calls for Service1
Year
Arroyo
Grande
Grover
Beach
Cities
Total
Annual
Change OCSD
Grand
Total
Annual
Change
2012 1,521 903 2,424 18.10% 513 2,937
2013 1,537 882 2,419 -0.20% 515 2.934 -0.10%
2014 1,562 908 2,470 2.10% 573 3,043 3.72%
2015 1,724 1,084 2,808 13.70% 528 3.336 9.63%
2016 1,824 1,152 2,976 6.00% 521 3.497 4.83%
2017 1,987 1,198 3,185 7.00% 583 3,768 7.75%
2018 1,856 1,098 2,954 -7.30% 566 3,520 4.58%
2019 1,814 1.049 2,863 -3.10% 570 3.433 -2.47%
2020 1,964 1,077 3041 6.20% 712 3.753 9.32%
2021 2,125 1,201 3326 9.40% 631 3,957 5.44%
CAGR2 3.79% 3.22% 3.58% 2.33% 3.37%
1 These numbers do not include automatic or mutual aid since we were only provided that information for partial years.
2 Compound annual growth rate.
Table 4 reflects the annual calls for service over the last ten years. Since
Baker Tilly only received automatic or mutual aid data for the last three
years and not the entire ten-year period, we did not include any
automatic or mutual aid data in the above table as that would have
skewed the annual compounded growth rate analysis. However, it
should be noted that the average automatic or mutual aid calls during the
last three-year period were not significant – reflecting less than five
percent of total call volume.
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It was difficult for Baker Tilly to analyze call utilization and track
productive and non-productive work hours, as neither the FCFA nor the
City of Arroyo Grande’s Accounting Services Division track working
hours by category. Accordingly, a recognized best practice in fire service
is a staffing program that documents and displays daily staffing hours
and locations. Such a program tracks and audits all hours charged to the
individual employees and can be set up by specific categories for the type
of work performed or leave taken. This allows the administrative staff to
track all hours charged to daily staffing and specific events or programs
in the FCFA budget, providing for immediate oversight and recognition
of abnormal or unexpected hours used or accrued. The accounting of all
hours by category can also provide for a more accurate budget forecast.
Recommendation 2. Acquire a staffing program to
manage and track all working and nonworking hours for
all FCFA personnel.
Another best practice is to know unit hour availability. Currently, the
FCFA does not utilize a program to track activities and hours daily for
each unit. Reliable data and statistics are necessary to evaluate the true
time spent on calls for fire personnel to determine unit hour utilization.
While these numbers are available from the CALFIRE Emergency
Command Center, they could be more easily accessed in a daily unit
history program. Daily workload including fire prevention, training,
station and apparatus maintenance, and public education are also tracked
in these types of programs and is then demonstrated in a unit hour
availability summary in addition to the unit hour utilization.
Recommendation 3. Improve the ability to track
company activity by developing or purchasing a program
capable of tracking all unit and personnel activity,
including apparatus and equipment.
The 2017 Strategic Plan recommended conducting an
operational/financial analysis of the FCFA as well as a Standards of
Cover. This will assist in determining whether current service levels
adequately address the service demand. In addition, a Community Risk
Assessment is also warranted.
Recommendation 4. Conduct a Standards of Cover and
Community Risk Assessment to determine the
appropriate level of service to provide the community.
The Standards of Cover would be created using data provided by FCFA
and others used to determine the current levels of response performance
as quantified statistics. From this analysis, factors will be identified that
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would influence response performance and opportunities for delivery
system improvement. The Standards of Cover would identify response
time objectives, standards for measuring the effectiveness of department
resources, and the deployment of those resources. A Standards of Cover
is a best practice, and the report should be consistent with the format
recommended by the Center for Public Safety Excellence, Community
Risk Assessment: Standards of Cover, 6th Edition.
A Community Risk Assessment is based on numerous factors, including
socioeconomic status, household composition, minority status and
language, population and density, housing types, local land use and
development, and the geography and natural hazards present throughout
the community. These factors affect the number and type of resources,
both personnel and apparatus, necessary to control or mitigate an
emergency. A community risk assessment provides relevant information
to the FCFA with recommendations of how to prepare their community
to respond to emergency events and develop community resilience.
Both a Standards of Cover and Community Risk Assessment are essential
for determining the appropriate staffing and deployment needs of the
agency and should be performed by an outside independent third-party
consultant. For planning purposes, we have added $50,000 to the FY
2023-24 FCFA budget forecast as an estimate for the cost of such a study.
Clerical and Administrative Support Staff
In the FY 2022-23 budget, there are 1.5 positions identified as
administrative. As the organization continues to grow and the fire
prevention program creates a more robust fee service program, there will
eventually be a need to increase the current complement of staff to two
full-time positions. It should be noted that in the fire chief’s proposed
staffing plans, he recommends increasing the one part-time clerical staff
to full-time in FY 2024-25. For planning and staff projection purposes, we
have included the fire chief’s recommendation in our alternative staffing
models later in this report.
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Fire Prevention and Community Risk Reduction
Currently, member agencies use their building official or contract
building official for new construction plan review, permit requests, and
field inspections. These building officials are identified as fire marshals.
Baker Tilly believes the position of a state-certified fire marshal as a
position within the FCFA is necessary to conduct state-mandated fire
inspections, as well as high-hazard occupancy inspections. These are
technical inspections that take several hours each and require specialized
training and education to interpret and enforce the appropriate Uniform
Fire Code sections.
The FCFA is responsible for approximately 1,900 annual fire prevention
inspections: 200 multi-unit and hotel inspections, 50 new business
inspections, 1,500 annual business inspections, and roughly 30 plan check
inspections. The FCFA is also responsible for over 165 state-mandated
inspections such as schools, hospitals, care facilities, high-rise, and high-
hazard occupancies that require specialized permits. Currently, over 70%
of business inspections are not being conducted. Consequently, fire
prevention is not currently being supported at an acceptable level which
creates a risk and liability concern.
There is a justifiable need for two positions responsible for fire prevention
activities. The annual small business inspection load is approximately
1,500, which would normally be assigned to the field units. However, due
to the low level of field staffing and unit availability, these inspections
have not been done. In communities that have low field staffing levels,
fire prevention is as equally important as fire suppression. One of the
most effective ways to reduce fire calls is to have a strong prevention
presence in the community. The result is a greater understanding of the
community’s hazards/risks and mitigating contributory factors before
they become a call for service. For these reasons, a full-time fire marshal
position and a part-time inspector are warranted. However, due to the
FCFA’s limited financial resources, contracting for these services would
be more economical.
Recommendation 5. Contract for fire marshal and fire
inspection services.
Baker Tilly also recommends completion of NFPA 1730 Standard on
Organization and Deployment of Fire Prevention Inspection and Code
Enforcement, Plan Review, Investigation, and Public Education
Operations. This document provides a structured process to guide a fire
prevention professional to work through a prevention-based community
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risk assessment. Once the NFPA 1730 Standard is completed and/or the
standards of cover or community risk assessment has been performed, a
more thorough understanding of prevention staffing needs would be
identified and would serve as the basis to guide future fire prevention
needs.
Departmental Training
A battalion chief manages fire related training. Each employee is
responsible for entering their training hours into an automated program
as they complete the hours. The battalion chief has audit and oversight
responsibilities to assure compliance standards. FCFA currently meets
mandatory hourly requirements for the county and state.
FCFA contracts with a nurse educator to manage the requirements of the
Local Emergency Medical Services Area (LEMSA) quality assurance
review process and reporting while providing the required continuing
education to remain an EMS provider. This arrangement addresses the
requirements, but there is an ongoing commitment for staff oversight,
control, and scheduling of this program.
Providing training on all shifts and dealing with the logistical issues such
as identifying and obtaining permission to use various sites for training
are challenging. Currently, OCSD provides a site for the ventilation prop
and coordinates fire hydrant use for water flow evolutions. These are two
of the most crucial functions that require reoccurring training. They are
high risk/low frequency manipulative evolutions. Pumping water
through hose lines and master stream appliances along with ventilation
of a roof structure are critical to the mission of saving lives and property
within the first few minutes of a fire. When OCSD is no longer a partner,
the nearest option for this type of training is in Lompoc. Logistically, this
is impractical due to driving time and a lack of coverage units for the
FCFA. With limited options for local training sites there is little
opportunity for live fire training. In most organizations these evolutions
are conducted with a staff of evaluators on a routine basis. Staffing a
reserve unit with overtime personnel or asking for a cover unit from
CALFIRE would be the only option to meet the time commitment
necessary for this type of training. We commend the FCFA for being
highly active in the San Luis Obispo Training Officers group as well as
having representatives on many special operations teams and oversight
working groups within the County fire system. However, we noted that
there is less than $15,000 budgeted annually for agency training, which is
low, even for a smaller agency.
Recommendation 6. Increase the amount budgeted
annually for departmental training.
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Additional funding for securing training sites and staffing is necessary in
order to properly provide the necessary training staff, especially
suppression personnel, need.
During our interviews with FCFA union representatives, they voiced
their concern that leadership development and succession planning-
related training was not afforded to floor personnel.
There are skill-set requirements for each position in the suppression
ranks, but there is frustration in the lack of funding for the necessary
technical training required of floor personnel that is not provided by
FCFA. Their MOU allows for educational and training reimbursement
only if funding is available, and there is not enough budgeted to address
this demand. This has resulted in a financial cost for anyone taking a
promotional exam that requires additional certifications. Additionally,
there does not appear to be any leadership programs offered to floor
personnel to encourage and develop the future leaders of the
organization.
Recommendation 7. Develop a comprehensive training
program to address succession planning, and increase the
budget for tuition reimbursement, thereby allowing
employees to complete the necessary certifications and
education required to advance through the ranks.
Management positions in FCFA should also be included in any
leadership and management training opportunities offered by
partner agencies to their managers and department heads.
Building and Facilities
During our onsite visit to the FCFA facilities, it was noted that the Oceano
station is not in alignment with modern fire service standards or response
criteria. The temporary housing unit is currently too far away from where
the apparatus room is located, resulting in delayed response times during
emergency calls, i.e., increased turnout times (time from dispatch to
leaving the station). Turnout times should be no more than 60 seconds for
emergency medical calls and 80 seconds for fire calls.
Recommendation 8. Move the OCSD station housing
closer to the apparatus room.
The OCSD station’s administrative office is also in the same physical
location as the fire apparatus and equipment. This is an unsafe and
unhealthy working condition, as employee workstations should not be in
close proximity or exposed to diesel exhaust and byproducts, or
carcinogens.
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Recommendation 9. Install a sealed door and/or wall to
separate the office and living quarters from the
apparatus room and turnout storage areas.
Currently, there are no female firefighters in the FCFA which is not
unusual for a smaller agency. Modern station design creates privacy and
personal space for each member on duty.
Recommendation 10. Assess the living quarters to
determine if creating separate quarters for female
firefighters is feasible.
Evaluating and planning for modification to existing facilities to create
separate living quarters for female firefighters would demonstrate the
commitment of the organization to creating a supportive and inclusive
work environment and would enhance recruitment of candidates.
During our visits to each station, we learned that the Motorola radio
system platform upgrade has been budgeted and will be addressed soon.
However, we also discovered that the existing station alerting system
needs repair at station 1 and upgrading is needed at stations 1 and 2 to
allow for multi-unit dispatch. The phone system is an analog system and
fails during significant rain occurrences. A voice over internet protocol
(VoIP) system allows for greater clarity and dependability than the
analog system. Increased functionality enhances efficiency by allowing
call forwarding, routing, recording, online meetings, app integration, and
can reduce ongoing costs as opposed to traditional infrastructure and
hardware.
Recommendation 11. Allocate appropriate funding to
repair and/or upgrade the station alerting systems and
the existing phone system.
Vehicles and Equipment
Currently, there is no option for local routine maintenance of agency
apparatus or vehicles. FCFA personnel must schedule all repairs and
maintenance with a vendor in Paso Robles. This creates both a financial
and operational burden on the agency. A firefighter must drive the
apparatus, along with personnel following in a different vehicle, in order
to transport the firefighter back to the station. Depending on traffic this
could take up to two hours of overtime for each or require taking a unit
out of service. While major repairs must be done at the vendor’s, regular
maintenance and minor repairs could be done by either a qualified local
vendor or by the City of Grover Beach’s mechanic. We learned that the
fire chief is researching a mobile mechanic for the routine maintenance
service. A mobile maintenance service is a more effective way to address
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routine maintenance and minor repairs of fire vehicles rather than
driving them out of the area.
Recommendation 12. Request proposals from local
vendors, as well as the City of Grover Beach, to perform
minor repairs and regular maintenance on agency vehicles.
FCFA staff should compare any maintenance service proposals with the
cost for the City of Grover Beach to perform similar maintenance services.
Since the City of Grover Beach is a participating member of the FCFA,
collaborating on vehicle repairs could be a viable alternative. However,
should it be decided to have the City of Grover Beach assist in minor
repairs, it is recommended that the mechanic obtain their California State
Fire Training Emergency Vehicle Technician 1 (EVT) certification. Any
collaboration between agency partners and the FCFA could assist in
increasing the organization’s efficiency and effectiveness.
During our engagement, concern regarding the lack of interagency
collaboration was expressed, leading to a lack of harmony and mutual
understanding in the workplace. Opportunities exist to open the lines of
communication between partner agencies and Baker Tilly recommends
steps in this direction.
Recommendation 13. Strengthen interagency
relationships and collaboration between FCFA personnel
and member agencies.
The 2017 Strategic Plan discussed the need for a vehicle replacement
program; however, the agency still does not have one. The fire chief is to
be commended for using Office of Emergency Service (OES) funding and
other creative measures to fund vehicle repairs and obtain replacement
vehicles when possible. However, an established vehicle replacement
program and the funding of it is still needed.
Recommendation 14. Develop an equipment replacement
fund for all mission critical equipment and apparatus.
We reviewed the agency’s written operational policies and procedures and
concluded additional work in this area is needed. This topic was also
addressed in the 2017 Strategic Plan. Currently, the FCFA staff are in the
process of transferring the existing documents to Lexipol, an electronic
records system. While some progress has been made, there are only about 30
established policies and procedures in place, and according to floor personnel,
some are either not current or are in direct conflict with one another.
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Recommendation 15. Develop a comprehensive policy
and procedures manual, building upon efforts currently
underway.
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Fire Chief’s Recommended Staffing Plans
At the onset of this engagement, the fire chief provided Baker Tilly with
two proposed staffing models that he would like to implement over the
next several years. For the purposes of illustration, we refer to these plans
as Plan A and Plan B.
Plan A – Incremental staffing increase with a 4th Company in FY 2029
The fire chief’s Plan A adds a total of 22.5 FTE new positions over the
next six years and a 4th engine company in FY 2029 as illustrated in Table
5 below.
Table 5. Plan A – Incremental staffing increase with 4th Company in FY 2029
PLAN A
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total FY24 FY25 FY26 FY29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal 1 1 1 1
Prevent Spec 1 1 1 1
EMS Coordinator 1 1 1 1
Batt Chief 3 3 1 1
Captain 1 3 3 3 3 13 1 3 4
Engineer 3 3 3 3 12 2 3 5
Firefighter 3 3 3 6 15 3 6 9
Total 10 9 9 9 12 49 6 2.5 2 12 22.25
We have reviewed and researched the FCFA 2017 Strategic Plan and
other supporting documents. As the organization continues to grow and
the community expands, a training officer/emergency medical services
coordinator, a full-time fire inspector, and a fourth company may be
necessary to assure administrative compliance, unit coverage, and
response capabilities. However, as was cited in the 2017 Strategic Plan,
Community Risk Assessment/Standards of Cover (CRA/SOC) study
would need to be conducted to identify the type of resource, fire station
location, and staffing levels to suit the communities’ needs.
Plan B – An immediate staff increase of 12 and adding a 4th Company in
FY 2027
Plan B is a more aggressive staffing plan that adds a total of 24.5 FTE
positions over the next four years and a 4th engine company in FY 2027
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as illustrated in Table 6 below. While the fire chief’s plan also called for
an additional company in FY 2032, these proposed staffing increases are
beyond the scope of our forecast period and are therefore not included in
Table 6 or in cost estimates.
Table 6. Plan B – Immediate staff increase of 12 with 4th Company in FY 2027
PLAN B
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total FY 24 FY 27 Total
Chief 0
Deputy Chief 1 1 1 1
Admin 2 2 0.5 0.5
Fire Marshal 1 1 1 1
Prevent Spec 2 2 2 2
EMS Coordinator 1 1 1 1
Battalion Chief 3 3 1 1
Captain 3 3 3 3 13 4 4
Engineer 3 3 3 3 12 2 3 5
Firefighter 4 4 4 3 15 6 3 9
Total 10 10 10 10 9 51 12.5 12 24.5
As indicated above, Baker Tilly recommends completing a CRA/SOC
before considering either of these plans, Plan A or Plan B. And while our
assessment did not allow us the ability to analyze unit hour utilization,
consecutive call patterns, and overall community risk assessment, a
standards of cover report would allow for this assessment. However,
based on the information we have reviewed, including current run loads
and type of calls, it is our position that a fourth company is not currently
warranted at this time.
Costs associated with these two plans are substantial, as illustrated in
Table 7 below. In fact, operating costs would double in about five years
under Plan A with costs doubling in four years under Plan B.
Table 7. Total Cost
FY 22
Actual
FY 23
Budget
FY 24
Estimate
FY 25
Estimate
FY 26
Estimate
FY 27
Estimate
FY 28
Estimate
FY 29
Estimate
Plan A $6,771 $7,214 $9,119 $10,120 $11,700 $11,805 $12,415 $15,512
Plan B $6,771 $7,214 $10,203 $10,874 $11,905 $14,729 $15,051 $15,592
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Fiscal Analysis
Both cities of Arroyo Grande and Grover Beach will face significant
increases in fire contributions to the FCFA, even if fire staffing remains at
its current level, for three reasons:
Contributions have remained fixed for four years while FCFA
expenditures have continued to rise. This is unsustainable. The
only reason that FCFA is not already in deficit is that actual
expenditures have come in around $310,000 under budget per
year over the past three years;
OCSD intends to withdraw from FCFA and that will reduce FCFA
revenues by $1,138,000, with the potential of no corresponding
reduction in FCFA expenditures to serve the two remaining
members; and
FCFA expenditures will rise further due to the need to increase
salaries to a level that allows for the recruitment and retention of
personnel as well as CalPERS investment losses that will continue
to increase pension contributions.
As part of this engagement, Baker Tilly has prepared a user-friendly
and multi-faceted fiscal model for FCFA and the two cities, which can
be used to run numerous scenarios showing the impact on all three
agencies given various outcomes regarding the following key
variables:
OCSD: Their intention is to leave the FCFA effective July 1, 2023.
On January 11, 2023, the OCSD Board approved the initiation of
the divestiture process with the San Luis Obispo Local Agency
Formation Commission (LAFCO). The OCSD’s divestiture
application was received by LAFCO on February 6, 2023.
Divestiture is a discretionary action on the part of LAFCO. Part of
that process will likely involve commissioning a study of OCSD’s
options. This study, together with the LAFCO decision-making
process, may take 6-12 months. If the decision is for another
agency to take on the responsibility of providing fire service to the
Oceano area, that transition may take another 12 to 18 months.
Therefore, OCSD may be dependent upon FCFA for fire service
for another year or two. The OCSD contribution of $1,138,000 is
approximately equal to their current property tax revenue. Their
property tax revenue is what they would give up should the
County take over responsibility for providing fire service.
Therefore, FCFA could likely expect to receive at least an amount
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comparable to OCSD’s property tax revenue for each additional
year OCSD remains either a member of FCFA or contracts back
fire service, if not more. The forecast currently assumes OCSD is
no longer a member effective July 1, 2023, but the first step is
determining whether OCSD remains or contracts back services
with FCFA, and when.
Staffing: The FCFA fire chief has proposed two options for
increases in station staffing, administration, fire prevention, and
training, based on OCSD remaining in FCFA. Since staffing is the
main cost driver, it will be a major determinant of the future level
of city contributions. Thus, the FCFA Board must determine the
appropriate level of staffing, with or without OCSD, given the
current trend in call volume. Baker Tilly has examined several
alternative staffing packages, and the fiscal model can select any
one of these options (the fire chief’s two plans and Baker Tilly’s
five plans) and show the resulting cost impact over time. The
current forecast assumes the lowest staffing cost option (Baker
Tilly plan A-5, which assumes the FCFA not providing any first
responder fire service to the Oceano community, reducing staffing
to two 3-person companies, adding a battalion chief, and
contracting for fire marshal and fire inspector services).
Salaries: FCFA staff appear to be below the average level of
salaries for comparable agencies within the central coast region.
Inflation has been high for two years, but while long-term
estimates assume the CPI will fall back to the 2 to 3% range, this
recent inflationary rise adds pressure to increase wage levels.
Salaries are a meet and confer item, but it seems reasonable to
assume annual increases in excess of the Federal Reserve’s
inflation goal of 2%. The fiscal model can select wage growth
amounts by year, and the forecast is based on salary and benefits
as recommended by the City of Arroyo Grande’s director of
administrative services who serves as the FCFA finance director.
This increase includes COLAs, merit/step increases, and savings
from employee turnover.
Reserves: An appropriate reserve level must be identified and
maintained for FCFA. While contribution levels are a known
quantity, the major risk is that higher costs may be incurred that
are not reimbursed by the state for wildfire strike team related
overtime. The fiscal model assumes that contributions are set to
maintain a 10% reserve for FCFA over time.
Grants: The potential exists for SAFER grants to be received from
the federal government to offset the cost of eligible new staffing
increases. SAFER grants are competitive, and thus their receipt is
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not guaranteed. They also offset costs for only three years and
after that FCFA must maintain that higher staffing level and
absorb the resulting cost. Thus, these grants are short term, and
not an ongoing benefit. However, if qualifying staff increases are
going to be approved, even the short-term benefit would help
offset the rise in contribution levels that would otherwise be
required to be financed by the FCFA. The fiscal model can show
the impact of SAFER grants based on proposed staffing increases,
but the current forecast assumes no receipt of such grants.
Cost Allocation: Costs are currently allocated between member
agencies based one-third on population, one-third calls for service
and one-third on station staffing levels. There are also direct
allocations regarding HazMat and debt service costs. The fiscal
model assumes these allocation factors are updated for recent
population and service calls, and to omit the OCSD.
Consequently, the resulting allocation is between only the two
cities, and would result in a small percentage shift from Grover
Beach to Arroyo Grande, as shown in Table 8 below.
Table 8. Percentage Allocation of Contributions Between Member Agencies
Cost Allocation
Share
Current
w/OCSD
Revised
w/OCSD
Current
w/o OCSD
Revised
w/o OSCD
Arroyo Grande 45.01% 44.99% 56.16% 57.65%
Grover Beach 35.14% 32.23% 43.84% 42.35%
Oceano CSD 19.85% 22.68% 0.00% 0.00%
Total 100.00% 100.00% 100.00% 100.00%
OCSD Obligations: The third amendment to the current FCFA
agreement provides for the possible departure of OCSD and a
negotiation that would define a contribution by OCSD for
unfunded liability, equipment, and debt service contributions
upon leaving FCFA. These amounts are unknown at this time and
thus excluded from the forecast and, while unlikely to make a
major difference in the ongoing level of contribution by the two
cities, this financial obligation may result in an increase in
reserves.
Given these assumptions, FCFA costs will continue to rise, and the loss of
OCSD reduces revenues by $1,138,000. Figure 1 shows the resulting
impact of current staffing with no change in city contribution levels (solid
red line) compared to costs (see bars, split between staffing and all other
costs). Even when other revenues such as state reimbursements for strike
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team overtime are added in (dotted red line), total revenues are expected
to fall below the anticipated expenditures in FY 2022-23 and well below
those in the next two fiscal years.
Figure 1. FCFA Expense versus Revenue Assuming no OCSD, Current Staffing Levels, and Continued
Flat City Contributions
Clearly, continuing the flat contributions by the two cities is not
sustainable. Absent new FCFA funding, the contributions from member
agencies will have to increase to fill the gap. The impact on the two cities
can be determined by the factors entered in the FCFA fiscal model. There
are many potential scenarios to consider using the forecast assumptions
noted above, but the two most important are what happens with OCSD,
and what level of staffing is proposed for FCFA. The two issues are
interwoven in that if OCSD is to be serviced, there will have to be a
higher staffing level. However, at the two recent council meetings by the
two cities on the issue of fire services, it was also proposed that staffing
be increased even if OCSD is not being serviced.
Accordingly, we have prepared three scenarios involving OCSD, and
under each scenario we show the impact of a high, medium, and low
level of staffing. These plans do not include the fourth engine company,
training captain, EMS coordinator, and deputy chief that are contained in
the Fire Chief’s Plans A and B. However, they do include an additional
battalion chief, as well as fire prevention services and clerical support.
The potential levels of staffing included in these three scenarios are
shown in the following four tables.
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Plan A-2 provides three 3-person companies, an additional battalion
chief, contractual costs associated with fire marshal/fire inspector
services, and an additional 0.5 FTE clerical position. A-2 staffing is shown
in Table 9.
Table 9. Plan A-2 Staffing Configuration and Additions by Year
PLAN A-2
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total FY 24 FY 25 FY 26 FY 29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal C 0 0
Inspector - PT C 0 0
EMS Coordinator 0 0
Battalion Chief 3 3 1 1
Captain 3 3 3 9 0
Engineer 3 3 3 9 2 2
Firefighter 3 3 3 9 3 3
Total 6 9 9 9 0 33 6 0.5 0 0 6.5
C = Fire Marshal and Inspector functions provided by contract service (assumes $100,000)
Plan A-3 provides two 3-person companies and one 2-person company,
an additional battalion chief, a fire marshal, a half-time fire inspector, and
an additional 0.5 FTE clerical position. A-3 staffing is shown in Table 10.
Table 10. Plan A-3 Staffing Configuration and Additions by Year
PLAN A-3
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total FY 24 FY 25 FY 26 FY 29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal 1 1 1 1
Inspector - PT 0.5 0.5 0.5 0.5
EMS Coordinator 0 0
Battalion Chief 3 3 1 1
Captain 3 3 3 9 0
Engineer 3 3 3 9 2 2
Firefighter 3 3 6 0
Total 7.5 9 9 6 0 31.5 3 1 1 0 5
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Plan A-4 provides two 3-person companies and one 2-person company,
an additional battalion chief, and fire marshal/fire inspector services
pursuant to a contract and an additional 0.5 FTE clerical position. And
while the FCFA has chosen to run a similar two-person staffing model for
the OCSD area, it should be noted that staffing an engine with two
personnel might not be considered a best practice in an urban fire
organization. A-4 staffing is shown in Table 11.
Table 11. Plan A-4 Staffing Configuration and Additions by Year
PLAN A-4
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total FY 24 FY 25 FY 26 FY 29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal C 0 0
Inspector - PT C 0 0
EMS Coordinator 0 0
Battalion Chief 3 3 1 1
Captain 3 3 3 9 0
Engineer 3 3 3 9 2 2
Firefighter 3 3 6 0
Total 6 9 9 6 0 30 3 0.5 0 0 3.5
C = Fire Marshal and Inspector functions provided by contract service (assumes $100,000)
Plan A-5 provides the lowest level of staffing: two 3-person companies,
an additional battalion chief, fire marshal/fire inspector services pursuant
to a contract and an additional 0.5 FTE clerical position. This staffing
model would only be an option if just the two cities were being served
and not providing first responders fire service in the Oceano area. In
addition, it should be noted that this staffing model results in the
elimination of 2.5 FTE positions. A-5 staffing is shown in Table 12.
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Table 12. Plan A-5 Staffing Configuration and Additions by Year
PLAN A-5
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total FY 24 FY 25 FY 26 FY 29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal C 0 0
Inspector - PT C 0 0
EMS Coordinator 0 0
Battalion Chief 3 3 1 1
Captain 3 3 9 -3 -3
Engineer 3 3 9 -1 -1
Firefighter 3 3 6 0
Total 6 9 9 0 0 24 -3 0.5 0 0 -2.5
C = Fire Marshal and Inspector functions provided by contract service (assumes $100,000)
The OCSD scenarios depend upon the outcome of the LAFCO process as
well as whether San Luis Obispo County might provide a long-term fire
service solution for the Oceano area. In addition, providing fire service to
the Oceano area would be in excess of the OCSD’s property tax revenue,
so the question is whether the County would be willing to augment the
funding FCFA receives on behalf of OCSD in an amount beyond the
property tax revenue of the OCSD.
Scenario 1. OCSD stays under contract with FCFA for up to another year, then
leaves.
This is a likely outcome given the 6 to 12 months a LAFCO decision is
expected to take. The payment to FCFA would be the amount OCSD
receives in property tax. No OCSD revenue would be received in FY
2024-25 and thereafter. The three preferred staffing levels proposed for
this scenario are as follows:
Low Cost: Plan A-4 (two 3-person companies and one 2-person
company, contract prevention staff) shown in Table 13
Medium Cost: Plan A-3 (two 3-person companies and one 2-
person company, in-house prevention staff) shown in Table 14
High Cost: Plan A-2 (three 3-person companies, contract
prevention staff) shown in Table 15
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Table 13. Low-Cost Option: FCFA forecast with OCSD scenario 1/staffing Plan A-4 ($ in 000)
Note that in this and subsequent forecast tables, Other Revenue for FY23
includes a one-time $887,401 transfer from the City of Arroyo Grande to
reimburse prior year pension unfunded accrued liability (UAL) costs
which should have been paid by the city. Other revenue also includes
inspection fees (expected to increase in FY24 due to more inspections
being conducted), fire prevention program revenues, and strike team
reimbursements. (NOTE – this financial information and associated tables
have been updated since the City Council presentations in late February.)
Table 14. Medium-Cost Option: FCFA forecast with OCSD scenario 1/staffing Plan A-3 ($ in 000)
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Table 15. High-Cost Option: FCFA forecast under OCSD scenario 1/staffing Plan A-2 ($ in 000)
Scenario 2. OCSD stays under contract with FCFA for an indefinite term with
OCSD’s funding capped at their total property tax revenue amount.
This could be the outcome if LAFCO and the County decline to assign a
new fire service provider for OCSD. The payment to FCFA would be
limited to the amount OCSD receives in property tax, which is less than
the proportion that would be assigned if OCSD remained a member of
FCFA, and it is assumed that no additional funding is provided by the
County. The three preferred staffing levels proposed for this scenario are
as follows:
Low Cost: Plan A-4 (two 3-person companies and one 2-person
company, contract prevention staff) shown in Table 16
Medium Cost: Plan A-3 (two 3-person companies and one 2-
person company, in house prevention staff) shown in Table 17
High Cost: Plan A-2 (three 3-person companies, contract
prevention staff) shown in Table 18
However, should the FCFA provide first responder fire services to the
Oceano area for an indefinite period, Baker Tilly recommends Plan A-2 as
the ideal staffing deployment.
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Table 16. Low-Cost Option: FCFA forecast under OCSD scenario 2/staffing Plan A-4 ($ in 000)
Table 17. Medium-Cost Option: FCFA forecast under OCSD scenario 2/staffing Plan A-3 ($ in 000)
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Table 18. High-Cost Option: FCFA forecast under OCSD scenario 2/staffing Plan A-2 ($ in 000)
Scenario 3. OCSD stays under contract with FCFA for an indefinite term with
appropriate county financial support.
This could be the outcome if LAFCO and the County decline to assign a
new fire service provider for OCSD, and the County agrees to
supplement the payment to the FCFA so that an amount equal to the
proportional allocation to the two cities is paid. The three preferred
staffing levels proposed for this scenario are as follows:
Low Cost: Plan A-4 (two 3-person companies and one 2-person
company, and contract fire prevention) shown in Table 19
Medium Cost: Plan A-3 (two 3-person companies and one 2-
person company, in house prevention staff) shown in Table 20
High Cost: Plan A-2 (three 3-person companies, contract
prevention staff) shown in Table 21
However, as with Scenario 2, should the FCFA provide first responder
fire services to the Oceano area for an indefinite period, Baker Tilly
recommends Plan A-2 as the ideal staffing deployment.
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Table 19. Low-Cost Option: FCFA forecast under OCSD scenario 3/staffing Plan A-4 ($ in 000)
Table 20. Medium-Cost Option: FCFA forecast under OCSD scenario 3/staffing Plan A-3 ($ in 000)
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Table 21. High-Cost Option: FCFA forecast under OCSD scenario 3/staffing Plan A-2 ($ in 000)
For the purpose of comparison, we examined the trend in fire costs of
nearby cities to those of FCFA. Figure 2 compares projected FCFA costs
under staffing plans A-4 and A-5, and its current level of staffing, to the
projected costs for Paso Robles, Lompoc, Atascadero, and Pismo Beach.
Note that Pismo Beach only has 2-person companies, and under its
special “Amador Plan” contract with CALFIRE, one of its fire companies
is considered a “state asset” that responds to wildfires as needed,
resulting in Pismo Beach paying less as a result. We have been informed
that any future CALFIRE contract arrangement will no longer include the
Amador Plan provision resulting in higher contractual costs.
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Figure 2. Projected Costs for FCFA and Nearby Cities ($ in 000)
For budget planning purposes, Table 22 shows the FY 2023-24 impact on
the two cities depending on the OCSD scenario and the corresponding
preferred FCFA staffing plan. Scenarios 1 and 2 have the same effect in
FY 2023-24, but Scenario 2 results in a lower burden on the cities in future
years.
Table 22. FY 2024 Contribution by Cities and Increase Over FY 2023 ($ in 000)
Plan
FY 2024 Contribution Increase from FY 2023 Table
Number Arroyo Grande Grover Beach Arroyo Grande Grover Beach
OCSD stays for a limited period of time - up to 12 months (Scenario 1):
Plan A-4 $3,796 $2,812 $1,215 $797 13
Plan A-3 $3,733 $2,766 $1,152 $751 14
Plan A-2 $4,098 $3,034 $1,517 $1,019 15
OCSD stays for an indefinite period with a capped financial contribution (Scenario 2):
Plan A-4 $3,796 $2,812 $1,215 $797 16
Plan A-3 $3,733 $2,766 $1,152 $751 17
Plan A-2 $4,098 $3,034 $1,517 $1,019 18
OCSD stays with financial contribution from the County (Scenario 3):
Plan A-4 $3,621 $2,633 $1,040 $618 19
Plan A-3 $3,463 $2,490 $882 $475 20
Plan A-2 $3,748 $2,695 $1,167 $680 21
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Figure 3 shows the range of potential FCFA contribution levels by the two
cities through FY 2028-29, depending on OCSD scenario and preferred
FCFA staffing level. The low level is Staffing Plan A-4 with OCSD
Scenario 3 (County support), and the high level is Staffing Plan A-2 with
no service to OCSD.
Figure 3. Range of FCFA Contributions by Cities Through FY 2029 ($ in 000)
The actual impact on the two cities will depend upon:
Whether FCFA obtains a new revenue source that would allow
city contributions to increase slowly over time and avoid the
shock of a large increase in contribution starting in FY 2023-24.
Lacking added FCFA revenue, whether each city can get approval
of increased revenues for itself. The revenue generating capacity
and voter preferences has varied between the two cities in the
past, so their respective revenue-generating capacities may differ.
The local voter-approved sales tax in Grover Beach is 1.5%, and in
Arroyo Grande it is 0.5% (and in that city a recent ballot measure
to increase the tax another 1.0% was narrowly defeated in 2022).
Lacking additional revenue, each city would make its own
judgments about the priority of non-fire services, and the areas in
which to make expenditure reductions. On a short-term basis each
has capacity to defer capital projects. Arroyo Grande has its local
sales tax in a separate fund which could bear a greater share than
it presently contributes; however, that would be at the expense of
other services. However, this is not a sustainable long-term
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strategy as the cities must continue to invest in the upkeep of its
transportation, parks, and public building infrastructure.
One revenue option is a parcel tax or a Mello-Roos assessment that would
provide a dedicated funding source for FCFA, but this requires a two-
thirds voter approval. A 2020 California Court of Appeals ruling
currently allows for a majority vote if the tax is enacted through the voter
initiative process, but an initiative planned for the ballot in November
2024 seeks to repeal that ruling retroactively. Of the 29 parcel tax ballot
measures placed on the November 2022 ballot statewide by a local non-
school agency, 14 were successful, eight of which were tax renewals, and
six were new taxes. Such a parcel tax would require an annual inflation
adjustment that would allow it to address higher fire costs over time. The
timing of such a vote is an issue as higher contributions are needed
starting FY 2023-24, and there is a lag time getting onto the next property
tax bill.
Another revenue option is a sales tax. If imposed by the FCFA, it would
be a special tax and require a two-thirds voter approval. The maximum
allowed in a district comprising both cities would be a 0.5% rate, because
Grover Beach accounts for 1.5% of the 2.0% local sales tax capacity
available under state law, and the rate would need to be uniform across
both cities. Of the 10 special sales tax ballot measures placed on the
November 2022 ballot statewide (requiring a two-thirds vote), four were
successful and six failed. If a 0.5% tax were placed on the same ballot
independently by both cities, it could be done as a general tax for each, as
has previously been done in both cities.
Recommendation 16. Assess the viability and potential
of a revenue enhancement measure to adequately finance
the operational and capital needs of the FCFA.
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Alternative Models
The FCFA has done a commendable job in providing basic fire
suppression services to its partner agencies given the limited financial
resources, constrained operating budget, and organizational challenges.
With OCSD submitting an application for divestiture of fire service
responsibilities, FCFA is entering a period of uncertainty. It will take from
6 to 12 months for LAFCO to take action on this application and longer
for the successor fire service provider in Oceano to come on-line. LAFCOs
analysis will inform the options available, but the list of alternatives is not
that long. They include:
1. Maintain the JPA pooled FCFA structure to serve the two cities
(Plan A-5) and possibly provide limited term (Plan A-4) or longer-
term service (Plan A-2) to service the Oceano community via
contract;
2. Revert to two stand-alone independent city fire departments;
3. Contract out service delivery to CALFIRE;
4. Dispense with the JPA structure and simply have one city (Grover
Beach) contract for fire service delivery with Arroyo Grande
(currently the employer);
5. Pursue a broader regional service delivery model to include Pismo
Beach and/or the Nipomo area.
Baker Tilly recommends Option 1 in the near / medium term with a focus
on Option 5 in the longer term to maximize regional efficiencies.
Each Option is reviewed in more detail below.
Maintain the JPA pooled FCFA structure to serve the two cities and
possibly provide short-term or longer-term service to Oceano via contract
Providing Service to Oceano on a Short-Term Basis
This is essentially the status quo condition. Since it is not likely that
OCSD will be able to obtain approval for its divestiture application by the
end of June 2023, it will likely have to provide fire services into the next
fiscal year. The easiest way to provide for this would be via a contract
with FCFA whereby the Authority would provide staffing at the Oceano
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station commensurate with what OCSD could afford, which is assumed
to be the level of their property tax revenue. This would likely result in a
two-person company at the Oceano station on a 24/7 basis. This option
would be an enhancement of the existing service as the Oceano station is
only staffed 1/3 of the time. This alternative staffing option (Plan A-4)
provides two 3-person companies (one in each city) and one two-person
unit (in Oceano), plus a battalion chief and contract for fire marshal and
inspection services. This staffing model is being recommended as a
temporary measure until a permanent decision of fire service for the
Oceano community can be determined. The cost for this alternative is
reflected in Table 23 below.
Table 23. Plan A-4 Two Three-Person and One Two-Person Companies Without Added County Funding
Support ($ in 000)
However, it should be noted that the above level of service is not
consistent with what Baker Tilly would find satisfactory on a longer-term
basis, but it may have to suffice until LAFCO determinations are finalized
and a successor service provider is ready to step in with additional
funding.
Baker Tilly believes the JPA structure is worth keeping in place , mostly to
support a future broader regional service provider, perhaps with the
County to include both Oceano and Nipomo or with these latter two
stations and the City of Pismo Beach.
Providing Service to Oceano on a Longer-Term Basis
Should a decision be made resulting in the FCFA providing fire service to
the Oceano community on a more permanent basis, then Baker Tilly
would recommend a three 3-person company deployment (Plan A-2).
This deployment would provide a 3-person company at each station
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(Arroyo Grande, Grover Beach and Oceano). This deployment would be
more consistent with industry practices and would result in the following
costs as illustrated in Table 24.
Table 24. Plan A-2 – Three Three-Person Companies Without Added County Funding Support ($ in 000)
Providing Service to Only the Two Cities
Based on call volume, Baker Tilly would recommend a two 3-person
company deployment to service the two cities (Arroyo Grande and
Grover Beach) until such time a Standards of Cover can be performed
and determine the staffing and station location for a two-station model.
The cost for this model is depicted in Table 25 and includes an additional
battalion chief and contracting for fire marshal and inspection services.
Table 25. Plan A-5 – Two 3-Person Engine Companies, Added Battalion Chief and Contracted
Prevention Services, Service Only the Two Cities, Without OCSD ($ in 000)
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It should be noted that with a two-engine company model, receiving a
strike team and overhead reimbursement might be challenging, given
staffing resources. Therefore, to be conservative, we have excluded both
strike team overtime costs and associated state reimbursements from Plan
A-5. Should FCFA staff want to adjust this amount prospectively, this can
easily be adjusted in their fiscal model.
Revert to stand alone independent city fire departments
Under this alternative, the JPA would be dissolved, and the cities would
revert to independent non blended services. This would result in cost
increases as currently shared services would have to be delivered on an
independent non-shared basis. Management, support and training costs
would increase - leaving no economies of scale. Consequently, Baker Tilly
does not believe that having individual, stand-alone fire departments in
each city is a viable alternative for fire protection and suppression
services from both a cost and operational perspective. And since the
shared services arrangement has worked well for over ten years, Baker
Tilly believes this would be a step backwards.
Contract out service delivery to CALFIRE
The State Department of Forestry and Fire Protection, otherwise known
as CALFIRE, is the largest fire department in California, and it commonly
provides services via a cooperative agreement to local governments.
Currently, CALFIRE serves the following local governments via a
cooperative agreement:
31 out of 58 counties (including San Luis Obispo County)
39 out of 482 cities (including Pismo Beach in SLO County and 19
cities in Riverside County)
25 fire districts
42 special districts
CALFIRE is very experienced with wildland interface and rural areas and
much of its service area tends to be in such areas. Generally, it provides
less contract services in more urbanized areas. Large fire service
providers either via contract or via a tax share agreement to urbanized
cities include the Orange County Fire Authority, the Los Angeles County
Fire Protection District, and the San Bernardino County Fire Protection
District. Collectively, these large fire service providers serve far more
cities than does CALFIRE.
CALFIRE might be willing to provide a bid to FCFA for services, but in
the view of Baker Tilly it is unlikely to reduce costs relative to current
FCFA costs. In addition, contracting with CALFIRE would reduce local
Page 214 of 256
Analysis of Fire Services
Alternative Models Baker Tilly
41
control relative to the shaping of service levels and other similar matters.
CALFIRE is not a common choice for California cities when it comes to a
service provider. It is much more common for counties to work with
CALFIRE. This probably reflects the rural/urban split mentioned above.
One City to contract for fire service delivery with the other City
Should the JPA structure cease to exist at some point in the future, since
all FCFA employees are technically employees of the City of Arroyo
Grande, another alternative delivery model could have the City of Grover
Beach contracting for fire service from the City of Arroyo Grande. This
would not be a unique arrangement as cities throughout the State contact
for various municipal services with neighboring jurisdictions. For
example, the cities of Pacific Grove and Carmel both contract for fire
service with the City of Monterey, and Stanford University contracts for
fire service with the City of Palo Alto. And while shifting fire service to
one city may address a number of operational and organizational issues,
it would also shift a lot of liability and financial risks to one city as well;
namely, Arroyo Grande. Consequently, should the cities decide to
explore this alternative service delivery model, more extensive fiscal and
operational assessment would be warranted.
Regional Consolidation
Regionalizing service delivery can often result in savings from economies
of scale in such areas as management, technology, and specialized
services. In the fire service, local service delivery from neighborhood fire
stations typically does not change much in terms of staffing or apparatus
types, although improvements in training, career opportunities, and some
support services can be found. Most savings will be from shared support
services, and overall management and regional consolidation is becoming
quite common in the fire service. The primary reason is obtaining
economies of scale in operations primarily in management and technical
areas. Currently, the Orange County Fire Authority serves 23 of the 34
cities in the County and approximately 2 million out of the 3.2 million of
the residents of the County. The even larger Los Angeles County Fire
Protection District serves 57 out of the 88 cities in that county either via
contract or by tax share.
Regional fire service delivery makes intuitive sense in the Five Cities area
of southern San Luis Obispo County, because it is a geographically
distinct area being composed of a broad coastal plain running north from
the Santa Barbara County line to Pismo Beach where the coastal
mountains march down to the Pacific Ocean and force Highway 1/101 to
turn inland. The map on the following page shows the five fire stations
Page 215 of 256
Analysis of Fire Services
Alternative Models Baker Tilly
42
found in this region. Two are operated under cooperative agreement by
CALFIRE for the County of San Luis Obispo and the City of Pismo Beach,
and three are operated by FCFA.
Pursuing this type of regional consolidation would enable the area to
maximize economy of scale savings for management and technology
while also growing local control via the FCFA JPA.
Figure 4. Regional Map1
1Map provided by the County of San Luis Obispo
As was mentioned previously, the OCSD has initiated a divestiture
application with the San Luis Obispo LAFCO. This process is expected to
take 6 to 12 months. Public input will be solicited as part of the process,
and it is quite possible LAFCO will decide to retain a consultant to
explore fire service options.
There will be a period of uncertainty as the OCSD pursues the divestiture
process since fire service delivery for Oceano will be in limbo, but during
the study process OCSD will be responsible for continuing to deliver
services to the best of its ability. FCFA has determined that it will provide
contract services to the OCSD during the interim, which is certainly a
good approach, given the circumstances. FCFA is not under any statutory
obligation to deliver services via contract but, given its long running
partnership with the OCSD, some support will probably be expected by
LAFCO and the County, and such support will build support for a
regional approach in the future. FCFA is certainly free to advocate for the
benefits of a regional approach as LAFCO processes the divestiture
application.
Page 216 of 256
Analysis of Fire Services
Governance Structure Baker Tilly
43
Governance Structure
The current governing board of the FCFA consists of three members,
an elected official from each member agency. With the departure of
the OCSD from the FCFA, we recommend restructuring the board to
consist of either a five-member or three-member board made up of
equal representation from each city and a mutually agreed-upon
board member. Some examples of a mutually agreed-upon board
member could consist of:
A rotating member of the public;
The San Luis Obispo County fire chief;
A representative of the San Luis Obispo County
administrative office; or
A rotating member of the Board of Supervisors from
Districts 3 and 4.
Recommendation 17. Restructure the FCFA Board to
consist of either a five-member or three-member board.
In addition, the fire chief currently reports to the three-member FCFA
Board (which is comprised of elected officials from each member
agency). Having the fire chief, who routinely deals with
administrative and operational matters, report directly to three
elected officials is not an effective reporting structure and it creates
operational challenges, the least of which is no direct supervisory
oversight and limited communication abilities due to Brown Act
restrictions. Instead, Baker Tilly recommends that the fire chief report
directly to either one or both city managers.
Recommendation 18. Reorganize the reporting
relationship of the fire chief and have that position
report directly to either one or both city managers.
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Analysis of Fire Services
Conclusion Baker Tilly
44
Conclusion
The FCFA has had its share of operational and organizational challenges
over the last several years, and while there have been prior assessment
reports and studies on its operations, because of limited financing, no
significant recommendations from these reports and/or studies have been
implemented to date. Now, with the imminent department of the OCSD
and the potential loss of $1.1 million in annual revenue contributions,
decisive operational decisions by the cities of Arroyo Grande and Grover
Beach are in order.
Baker Tilly has completed an assessment of the financial impacts
associated with the departure of the OCSD and has put forward realistic
staffing and fire service delivery options for consideration by key
stakeholders. The assessment concludes that maintaining a regional
service delivery approach makes sense for the cities of Arroyo Grande
and Grover Beach, and indeed, building on it in time, if possible, would
be a net benefit. We also believe that a new dedicated revenue source is
necessary to support fire service delivery and that a joint parcel tax may
be a good opportunity for the FCFA to pursue. Action on this should be
considered no later than the summer of 2024 for possible consideration at
the general election in November 2024. Making these efforts will build
support for a possible revenue measure in 2024.
Page 218 of 256
Analysis of Fire Services
Attachment A – List of Recommendations Baker Tilly
45
Attachment A – List of Recommendations
Recommendation 1. Add an additional battalion chief to the full-time complement of
management personnel and assign each battalion chief to a shift schedule.
Recommendation 2. Acquire a staffing program to manage and track all working and
nonworking hours for all FCFA personnel.
Recommendation 3. Improve the ability to track company activity by developing or
purchasing a program capable of tracking all unit and personnel activity, including
apparatus and equipment.
Recommendation 4. Conduct a Standards of Cover and Community Risk Assessment to
determine the appropriate level of service to provide the community.
Recommendation 5. Contract for fire marshal and fire inspection services.
Recommendation 6. Increase the amount budgeted annually for departmental training.
Recommendation 7. Develop a comprehensive training program to address succession
planning, and increase the budget for tuition reimbursement, thereby allowing employees to
complete the necessary certifications and education required to advance through the ranks.
Recommendation 8. Move the OCSD station housing closer to the apparatus room.
Recommendation 9. Install a sealed door and/or wall to separate the office and living
quarters from the apparatus room and turnout storage areas.
Recommendation 10. Assess the living quarters to determine if creating separate quarters
for female firefighters is feasible.
Recommendation 11. Allocate appropriate funding to repair and/or upgrade the station
alerting systems and the existing phone system.
Recommendation 12. Request proposals from local vendors, as well as the City of Grover
Beach, to perform minor repairs and regular maintenance on agency vehicles.
Recommendation 13. Strengthen interagency relationships and collaboration between
FCFA personnel and member agencies.
Recommendation 14. Develop an equipment replacement fund for all mission critical
equipment and apparatus.
Recommendation 15. Develop a comprehensive policy and procedures manual, building
upon efforts currently underway.
Recommendation 16. Assess the viability and potential of a revenue enhancement measure
to adequately finance the operational and capital needs of the FCFA.
Recommendation 17. Restructure the FCFA Board to consist of either a five-member or
three-member board.
Recommendation 18. Reorganize the reporting relationship of the fire chief and have that
position report directly to either one or both city managers.
Page 219 of 256
Item 12.a.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Sheridan Bohlken, Recreation Services Director
SUBJECT: Discussion of Preschool and Child Care Programs Offered through the
Recreation Services Department and the Mark M. Millis Community
Center
DATE: April 25, 2023
SUMMARY OF ACTION:
Review and discuss the preschool and child care services offered through the City’s
Recreation Services Department, and receive status report of the Mark M. Millis
Community Center (MMMCC) Capital Improvement Project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Preparation of this report required approximately 15 hours of staff time. Depending on
direction provided by Council, discontinuing preschool and child care services would
result in loss of revenues of approximately $417,900, while also providing savings in direct
expenditures of approximately $501,900 (including one full time recreation supervisor
position). Indirect expenses associated with the preschool and child care programs
include at least 150 hours per year of administrative time related to recruitment and
retention of staff and maintenance expenses related to the MMMCC. The current
MMMCC structure has reached the end of its useful life and will need to be replaced in
the very near future. It is estimated that a replacement structure will cost at least $6
million.
RECOMMENDATION:
Consider and review the preschool and child care programs offered through the City’s
Recreation Services Department and the status of the Mark M. Millis Community Center,
and provide direction to staff to phase out its existing child care programs by the fall of
2023.
BACKGROUND:
The preschool and before and after school child care programs are facilitated by the
Recreation Services Department and are overseen by the Recreation Supervisor position.
Page 220 of 256
Item 12.a.
City Council
Discussion of Preschool and Child Care Programs Offered through the Recreation
Services Department and the Mark M. Millis Community Center
April 25, 2023
Page 2
The Department provides programs that are accessible, inclusive, equitable, and provide
diverse populations with affordable child care for children ages 3 through 6th grade. The
programs work in unison with CAPSLO (Community Action Partnership of San Luis
Obispo) and provide access to monetary assistance for parents and caregivers in need.
With almost 5 decades of child care experience, the Recreation Department has
established trust within the community as a high quality, reliable and consistent source of
child care.
The Department currently has 20 trained child care staff with ongoing professional
development opportunities and requirements, offering notable employment opportunities
and experience for a largely low-wage job sector. The Recreation Department is also part
of the City’s emergency response team, providing additional staff and resources to assist
in the event of an emergency. While other child care agencies and programs were halted
during COVID, the Recreation Services Department was one of the first agencies in the
area to provide child under care services for first responders and parents/caregivers to
return to work, partnering with the Lucia Mar Unified School District (LMUSD) and San
Luis Obispo County Office of Education to offer distance learning programs. Through the
City’s child care programs, parents and caregivers are also informed about additional City
and recreational community events, programs and public notices. Overall, the child care
programs continue to help build and sustain an active, healthy and inclusive community.
The Recreation Services Department was moved to what is now the Mark M. Millis
Community Center (MMMCC) in the mid-1990’s. The building, a set of unified modular
structures that were built in the early 1970’s, was donated to the City by the Lucia Mar
Unified School District (LMUSD), when the Lopez Continuation School was moved into a
newly built structure on the Mesa. The modular building provides office space for
Recreation Services staff (front lobby with reception office, two indoor restrooms, a
director’s office, and two additional rooms that serve as office space for one full-time
recreation supervisor, one full-time recreation coordinator, and one part-time recreation
coordinator), two large rooms that are used for child care, camps and classes (maximum
capacity of 70 people), and two smaller rooms including modified bathrooms for young
children that connect to an outdoor play area which are used for preschool (maximum
capacity of 24). The building also contains two outdoor bathrooms that are available to
the public and patrons of Elm Street Park.
ANALYSIS OF ISSUES:
Preschool
The Recreation Services Department has provided preschool services since 1976, which
were originally located at Mason Street House, and taught by Ruth Van Nest. The
program continues to emphasize individual and group learning, with a focus on
socialization, music, art, science and language. The preschool program is taught to 22
students in each session with a teacher to student ratio of 1:11. Part-time preschool
teachers are required to have at least 12 units of early childhood education and 3 years
Page 221 of 256
Item 12.a.
City Council
Discussion of Preschool and Child Care Programs Offered through the Recreation
Services Department and the Mark M. Millis Community Center
April 25, 2023
Page 3
of applicable and age-related child care or teaching experience and are paid $19.95-
23.10/hour. The City currently employs 5 preschool teachers (two of which also work in
the before and after school child care program), who work under 1,000 hours per year
and receive 24 hours of sick leave annually as benefits. Preschool teachers and child
care staff are all mandated reporters, and the program partners with the Arroyo Grande
Police Department and the Five Cities Fire Department to introduce symbols, helpful
language, and a connection to and awareness of first responders in the community. The
program is exempt from State licensing as programming provides less than 15 hours per
week of instruction. However, the preschool program follows all licensing requirements
and recommendations, including teacher to student ratios, curriculum, spacing, staff
education/experience and background screening, and security. The preschool program
has space for 110 children per year, ages 3-5 years old (potty-trained), with flexible
scheduling as follows:
• Mondays/Wednesdays/Fridays: 9am-12pm OR 1-4pm; $216 per 4-week session
• Tuesdays/Thursdays: 9am-12pm OR 1-4pm; $144 per 4-week session
• Tuesdays-Thursdays (summer only): 9am-12pm; $198 for 4-week session
(excluding July 4th holiday)
Currently, enrollment is full with 22 students in each morning session (total 44 children),
though afternoon sessions do not have current enrollments as this program was most
impacted by COVID
Before and After School Child Care
Before and after school child care was initiated by the Recreation Services Department
in 1988. This program began as a way to assist working parents to have a safe space for
their children during the school year, and also provide child care camp programs during
the summer and holiday breaks. The program emphasizes positive development and age-
appropriate activities such as arts/crafts, outdoor free play, sports, science, technology,
nature and assistance with homework during the school year. Teacher to student ratios
are 1:14, with child care teacher (pay rate of $19.95-23.10/hour) and assistant teacher
positions (pay rate of $15.53-17.97/hour) on site. Assistant teacher positions require 3
units of early childhood education and 1 year of applicable experience. Currently, the City
employs 17 child care staff in the before and after school care program. The before and
after school child care program has historically been licensed, follows all protocol required
by State Licensing as aforementioned, including random inspections by licensing staff.
Prior to COVID, children attended the program at the MMMCC, in addition to onsite
locations at Ocean View and Branch Elementary schools.
On June 14, 2022, Council approved an MOU with LMUSD to offer child care for summer
school students through the Bright Futures Extended Learning Opportunity Program
(ELOP) grant program at Ocean View Elementary (Attachment 1). This grant funding
offered through the school district reimburses child care entities staffing costs to provide
Page 222 of 256
Item 12.a.
City Council
Discussion of Preschool and Child Care Programs Offered through the Recreation
Services Department and the Mark M. Millis Community Center
April 25, 2023
Page 4
child care services free of cost to parents and caregivers. On August 9, 2022, Council
approved a second MOU with LMUSD to continue the program for the 2022-23 school
year at Ocean View Elementary. In approving the second MOU, Council acknowledged
staffing challenges and constraints and approved coordinated efforts for the YMCA to
assume child care services offered through the ELOP grant program at Branch
Elementary School beginning in the 2022-23 school year and also at Ocean View
Elementary school beginning in the 2023-24 school year (Attachment 2).
The program currently has space to accommodate 40 children per week, and due to the
demand and need for child care, there are 14 students on the waitlist at Ocean View
Elementary school.
It is approximated that 80-85% of families who utilize City child care programs have two
working parents or are single parents who need these child care services in order to work.
In coordination with CAPSLO and First 5 (child advocacy agency), as of April 2023, the
City of Arroyo Grande has 31 licensed child care agencies with a capacity of 656 child
care slots. Agencies are reporting that there are 91 vacancies between all facilities,
ranging from small family child care homes to large family child care homes, and including
licensed child care centers (not all agencies report out data to CAPSLO and First 5 on a
regular basis, therefore there may be variance to this data). Non -licensed facilities are not
captured in this data, nor are the agencies broken down by services provided to preschool
children or children in primary school for direct comparison to the City’s programs. The
Recreation Department currently has child care camps (6 week-long sessions) scheduled
for the summer months, with enrollment near capacity for all sessions (average of 43
children registered each week with 45 spaces available). Two 3 -week preschool sessions
are also scheduled for the summer break, and while registration has just opened, 13
participants have registered with 9 spaces remaining.
Revenue Impacts
Tables 1 and 2 below provide historic revenue and expenditure data for the City’s
preschool and before and after school care programs. The Children In Motion program
referenced below includes the before and after school care program as well as summer
camp programs. The expenses identified below do not include administrative or
maintenance expenses associated with the child care programs.
Page 223 of 256
Item 12.a.
City Council
Discussion of Preschool and Child Care Programs Offered through the Recreation
Services Department and the Mark M. Millis Community Center
April 25, 2023
Page 5
Table 1
Table 2
Mark M. Millis Community Center
Due to its age and need of repairs, the MMMCC is currently associated with a Capital
Improvement Project to evaluate the potential design and cost of a replacement
community center due to its continued deterioration. The City has obtained a survey of
the site from a licensed surveyor and will complete a conceptual design with the
assistance of a local architect in the upcoming fiscal year. Additionally, potential
partnership opportunities will be explored with local non -profit service providers, such as
the Boys and Girls Club, to determine whether the MMMCC may be replaced with a
structure that could serve multiple community needs while also minimizing costs to the
City. Staff will provide updates to Council regarding these steps through the upcoming
Capital Improvement Planning process, as well as regular quarterly reports in the
upcoming fiscal year.
Page 224 of 256
Item 12.a.
City Council
Discussion of Preschool and Child Care Programs Offered through the Recreation
Services Department and the Mark M. Millis Community Center
April 25, 2023
Page 6
When the MMMCC is removed and replaced, any current uses of the building will need
to be either halted or relocated to other City facilities. The City does not currently have
another building capable of supporting the current child care programs offered by the
Recreation Services Department.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Review and discuss child care programs offered by the Recreation Services
Department and direct staff to phase out its existing child care programs by the fall
of 2023;
2. Review and discuss child care programs offered by the Recreation Services
Department and direct staff to identify other child care agencies and/or programs
to contract with the City to provide current child care programs; or
3. Review and discuss child care programs offered by the Recreation Services
Department and direct staff conduct a statistically valid survey/needs assessment
for child care and the MMMCC;
4. Provide other direction to staff.
ADVANTAGES:
Discussion of the City’s current child care programs supports one of the City Council’s
identified goals and priorities for Fiscal Year 2022-23: “Focus resources and implement
efficiencies to ensure optimized service levels within core City functions .” If direction is
provided to phase out the current child care programs, significant administrative time and
expenses will be freed up and made available to other City priorities, such as the
recruitment and retention of public safety staff.
DISADVANTAGES:
Ending the current child care programs offered by the City will reduce the total number of
child care slots available to the community. However, while this will not assist preschool
aged children, other child care agencies such as the YMCA will provide free before and
after school care, as well as summer programs, to school aged children in Arroyo Grande
through the ELOP administered by the Lucia Mar Unified School District.
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.
Page 225 of 256
Item 12.a.
City Council
Discussion of Preschool and Child Care Programs Offered through the Recreation
Services Department and the Mark M. Millis Community Center
April 25, 2023
Page 7
Attachments:
1. June 14, 2022 City Council Staff Report - Consideration of Approval of a
Memorandum of Understanding with Lucia Mar Unified School District to Provide
Free Child Care through the Bright Futures Extended Learning Opportunities
Program
2. August 9, 2022 City Council Staff Report - Consideration of Approval of a
Memorandum of Understanding with Lucia Mar Unified School District to Provide
Free Child Care through the Bright Futures Extended Learning Opportunities
Program for the 2022-23 School Year
3. May 10, 2022 City Council Staff Report – Consideration of Approval of a Child Care
Assistance Grant Program
4. Public Comment
Page 226 of 256
ATTACHMENT 1-3
Attachment 1 is available as a link: - Consideration of Approval of a Memorandum of
Understanding with Lucia Mar
Attachment 2 is available as a link: - Consideration of Approval of a MOU with Lucia
Mar to Provide Free Child Care
Attachment 3 is available as a link: - Consideration of Approval of Child Care
Assistance Grant Program
Page 227 of 256
Page 228 of 256
Item 12.b.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Isaac Rosen, City Attorney
Sarah Lansburgh, Deputy City Clerk
SUBJECT: Consideration of Annual Report, Adoption of Resolution of Intention
to Levy Annual Assessments for the AGTBID; Consideration of
Alternatives for Future of AGTBID
SUMMARY: Consideration of alternatives for future of AGTBID to include potential
disestablishment in accordance with State Law
DATE: April 25, 2023
SUMMARY OF ACTION:
Receive and approve the Annual Report, which provides information on the activities of
the Arroyo Grande Tourism Business Improvement District (AGTBID) during the past year
and adopt a Resolution that would continue the levy of annual assessments for AGTBID
for another year. As part of the review of the Annual Report and consideration of the
Resolution, alternatives have been presented regarding the future of the AGTBID,
including but not limited to disestablishing the AGTBID.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Based on the anticipated year-end results for 2022-23, the assessments expected to be
collected total approximately $270,000 for Fiscal Year 2022-23. The AGTBID budget
provides $5,000 to the City to cover a portion of the City’s cost associated with supporting
a Community Services Specialist position for vacation rental code compliance. The
AGTBID budget also provides $3,000 to the City for administra tive support and $42,000
to the South County Chambers of Commerce (Chamber) to administer the AGTBID.
RECOMMENDATION:
1) Receive and approve the Annual Report; 2) Adopt a Resolution of Intention to levy and
collect assessments within the Arroyo Grande Tourism Business Improvement District
(AGTBID) area for Fiscal Year 2023-24, or provide direction to staff regarding AGTBID
alternatives, including but not limited to the possibility of the disestablishment of the
AGTBID and winding up of its affairs in accordance with applicable State law; 3) If the
Page 229 of 256
Item 12.b.
City Council
Consideration of Annual Report, Adoption of Resolution of Intention to Levy Annual
Assessments for the AGTBID; Consideration of Alternatives for Future of AGTBID
April 25, 2023
Page 2
Resolution of Intention to levy and collect assessments within the AGTBID area for Fiscal
Year 2023-24 is adopted, set the date for a public hearing for May 23, 2023, in accordance
with Streets and Highways Code Section 36534; and 4) Determine that approving the
annual report and adopting a resolution of intention to levy and collect assessments , or
alternatively providing other direction to City staff on the future of AGTBID, is not 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:
In May 2013, the City Council adopted an Ordinance establishing the AGTBID. The
AGTBID was formed under the Parking and Business Improvement Law of 1989,
Sections 36500 et. seq. of the Streets and Highways Code and incorporated into the
Arroyo Grande Municipal Code (AGMC) in Title 3, Chapter 3.46.
The purpose of forming the AGTBID was to provide revenue to defray the cost of services,
activities, and programs promoting lodging businesses in the AGTBID through the
promotion of scenic, recreational, cultural, and other attractions in the AGTBID as a tourist
destination. An assessment is levied on all lodging businesses within the AGTBID
boundaries and is based upon two percent of the rent charged by the operator per
occupied room per night for all transient occupancies.
In December 2014, the City Council adopted an Ordinance amending Chapter 3.46 of the
Arroyo Grande Municipal Code to provide that the same exemptions that apply to the
Transient Occupancy Tax apply to AGTBID assessments and amended the definition of
"lodging" to include vacation rentals and homestays.
In accordance with the provisions in the Streets and Highways Code and AGMC Section
3.46.100, the City Council appointed an Advisory Board. Pursuant to Streets and
Highways Code Section 36533, the Advisory Board is to prepare an annual report, which
is to be submitted to the City Council for its review and approval. AGMC Section 3.46.060
also provides that the assessments for the AGTBID are to be reviewed annually by the
City Council based upon the Annual Report of the Advisory Board, and after approval of
the Annual Report, the City Council is to follow the hearing process outlined in Streets
and Highways Code Section 36534 for the annual assessment for the upcoming fiscal
year. Section 36534 provides for the adoption of a Reso lution to levy an annual
assessment for that fiscal year. The Resolution also sets a public hearing date in order to
receive any written or oral protests against the continuation of the AGTBID as required
by the applicable statute.
Page 230 of 256
Item 12.b.
City Council
Consideration of Annual Report, Adoption of Resolution of Intention to Levy
Annual Assessments for the AGTBID; Consideration of Alternatives for Future of
AGTBID April 25, 2023
Page 3
The AGTBID has been in effect for almost nine (9) years. In January 2018, the City
Council combined the Tourism Marketing Committee, which was coordinated by the
Chamber of Commerce, and the Advisory Board, increasing the number of members of
the Advisory Board from a minimum of three (3) to not more than nine (9). The Advisory
Board implements the programs and activities funded through the AGTBID. The South
County Chambers of Commerce administers the AGTBID program; therefore, minimal
staff time has been required by the City.
In June 2018, the Council approved an Agreement with Verdin Marketing for tourism
marketing services. Since that time, a tourism website, rebranding of Visit Arroyo Grande,
a monthly e-newsletter, advertising campaigns, a tourism strategic plan, and other
marketing efforts have been developed and implemented. The term of the initial contract
with Verdin Marketing expired on June 30, 2022. The City, on behalf of the AGTBID,
issued a Request for Proposals (RFP) for marketing, communications, website
management, and social media services for Visit Arroyo Grande.
On June 14, 2022, the City Council reviewed the proposals from Madison Strategies &
Kassandra Maher Marketing and Verdin Marketing. Ultimately, the City Council selected
Verdin Marketing for AGTBID tourism marketing services and authorized City Manager
Whitney McDonald to enter into an Agreement for Consultant Services in an amount not
to exceed the approved budget amount in a form approved by the City Attorney. The
Agreement commenced on July 1, 2022 and continues in effect until June 30, 2023, with
the City having the sole option to extend the Agreement for one (1) year. On February 14,
2023, the City Council approved a one-year extension to the Agreement for Contractor
Services between Verdin Marketing and the City of Arroyo Grande.
On February 28, 2023, Council directed staff to include in a future agenda item an analysis
of the options available and procedures required were the City to consider disestablishing
the AGTBID. As a result, this information has been included in this report and presented
for discussion and direction of the City Council.
ANALYSIS OF ISSUES:
On April 3, 2023, the Advisory Board reviewed and approved the Annual Report and has
forwarded it to the City Council for consideration. As noted above, following approval of
the Annual Report and adoption of the Resolution, the next step in the process for
collecting assessments over the next year is to schedule a public hearing, which is
recommended to occur at the City’s May 23, 2023 City Council meeting. The public
hearing will allow lodging businesses subject to the assessment to submit comments,
voice concerns, and protest the assessment. As set forth in Sections 36524 and 36525
of the California Streets and Highways Code, the City Council has the ability to continue
to levy and collect the proposed citywide AGTBID assessment at the May 23, 2023 public
hearing, unless written protests are received from lodging businesses that pay 50% or
Page 231 of 256
Item 12.b.
City Council
Consideration of Annual Report, Adoption of Resolution of Intention to Levy
Annual Assessments for the AGTBID; Consideration of Alternatives for Future of
AGTBID April 25, 2023
Page 4
more of the proposed assessments. In that event, the Council cannot consider
continuation of the AGTBID assessments for at least one year.
The current AGTBID budget for Fiscal Year 2022-23 is provided in Attachment 3. Current
projections for the AGTBID revenue and expenditures are provided in Table 1 below.
Table 1
Options for Modifying or Disestablishing AGTBID
In addition to the option of continuing the AGTBID by levying assessments following a
public hearing as proposed above, the City Council can consider a range of changes to
the structure of the AGTBID. Such changes may include filling the administrative role that
is handled by a third party contractor (i.e. Chamber) with in-house City staff; changing the
makeup of the AGTBID Advisory Board; or disestablishing the AGTBID altogether and
winding up its affairs.
In terms of the makeup of the AGTBID Advisory Board, State law is clear that the City
Council “may designate existing advisory boards or commissions to serve as the advisory
board for the area or may create a new advisory board for that purpose.” (Streets and
Highways Code § 36530.) This means the Council can either appoint one of its other
existing boards or commissions to also serve as the AGTBID Board or can remove
specified Board members and replace them with one-off appointees, subject to Brown
Act considerations.
Fund Center - Tourism Business Improvement District (TBID)
FY 2022-23
Year-to-Date (YTD) Estimated Actuals through March
(March - 75% of Year)
Revenue
TBID Assessments 244,000 191,682 78.6%(52,318)
Other Revenue 750 - 0.0%(750)
Total Revenue 244,750 191,682 78.3%(53,068)
Expenditures:
Advertising 200,000 149,919 75.0%50,081
Contractual Services 47,500 36,000 75.8%11,500
Website Re-design 25,000 5,000 20.0%20,000
STR Code Compliance 5,000 3,336 66.7%1,664
Memberships & Subscriptions 500 - 0.0%500
Public Relations 15,000 - 0.0%15,000
Total Expenditures 293,000 194,255 66.3%98,745
Change in Fund Balance (48,250) (2,573) 45,677
Beginning Fund Balance 405,833
Ending Fund Balance 403,260
% of
Budget
Central Coast Tourism Council
Assessments for July - February
Verdin charges Jul-January
July - Mar Chamber payments & City Admin
Co-op
YTD
March
Budget FY
2022-23
Fav/(Unfav)
Variance Comments
Page 232 of 256
Item 12.b.
City Council
Consideration of Annual Report, Adoption of Resolution of Intention to Levy
Annual Assessments for the AGTBID; Consideration of Alternatives for Future of
AGTBID April 25, 2023
Page 5
The AGTBID Bylaws currently contain the following provisions governing the Advisory
Board’s membership:
Section 2: Membership
Board members shall be appointed by the City Council. The total
membership of the Board shall consist of a minimum of three (3) but not
more than nine (9) members, 2/3rds of which shall be owners of lodging
businesses within the AGTBID or others with knowledge of tourism and/or
the lodging industry.
Membership on the Board shall be exempt from City residency
requirements otherwise applicable to other City Advisory Boards. Criteria
and selection for membership shall not discriminate based upon sex, race,
religion, creed, color, age, national or ethnic origin, or any other
classification protected by law.
The City Council Handbook further describes the process used to select and appoint
members of the Advisory Board, and the City’s other advisory bodies, as follows:
5.2 Appointment
Pursuant to Council Resolution, the City Council appoints representatives
to the following City boards, commissions and committees:
Planning Commission
Downtown Parking Advisory Board
Architectural Review Committee
Tourism Business Improvement District (TBID) Board
Community Service Grant Program (CSGP) Committee
With exception to the TBID Board, where members are appointed by the full
Council, the Mayor and each Council Member shall appoint one
representative to each respective Commission/Board/Committee. All
appointments are subject to approval by a majority of the Council.
Members of each respective Commission/Board/Committee shall serve for
a term ending the January 31st following the expiration of the term of the
respective appointing Mayor or Council Member, as applicable. The
exception to this process is the TBID Board, which consists of a minimum
of three (3) and a maximum of nine (9) members appointed by the City
Council. Vacancies on the TBID Board are administered by the South
County Chambers of Commerce (Chamber), in coordination with City staff,
and applicants are recommended to the Council for appointment by the
Page 233 of 256
Item 12.b.
City Council
Consideration of Annual Report, Adoption of Resolution of Intention to Levy
Annual Assessments for the AGTBID; Consideration of Alternatives for Future of
AGTBID April 25, 2023
Page 6
Chamber. Members of each respective Commission/Committee/Board may
be removed prior to expiration of their term by a majority vote of the Council.
Applicants, with the exception of the Downtown Parking Advisory Board,
and TBID Board must be registered voters of Arroyo Grande. Applicants for
the Downtown Parking Advisory Board shall have a business within the
Arroyo Grande City Parking and Business Improvement Area. Two -thirds of
appointees to the TBID Board shall be owners of lodging businesses within
the Arroyo Grande Tourism Business Improvement District or others with
knowledge of tourism and/or the lodging industry.
Currently, the Advisory Board has three members. Over the past several months, the
Chamber has encountered difficulties filling the remaining vacancies with members who
meet the requirements and intent of the bylaws. Council may wish to consider modifying
the Advisory Board membership and appointment process to help ensure that vacancies
are filled. One option is for the Advisory Board appointment process to mirror that used
for the City’s other advisory bodies whereby each Council Member would appoint a
member of the AGTBID Advisory Board. The AGTBID Bylaws and Council Handbook
could specify that at least three of the appointed members of the Board must be owners
of lodging businesses within the AGTBID or have direct experience within the tourism
and/or lodging industry. This approach is similar to the City’s Architectural Review
Committee, which, by Council Resolution, is required to include at least three individuals
who are qualified architects or design professionals.
Alternatively, the City Council can consider disestablishing the AGTBID; this is a formal
legal process outlined by State law. Pursuant to Streets and Highways Code section
36550(a), Council may disestablish the TBID area by adopting a resolution of intent ion,
holding a public hearing, adopting an ordinance confirming the disestablishment, and
making certain refunds as required by state law. The procedural outline for this process
is as follows:
1. Staff prepares, for City Council’s consideration, a Resolution of Intention to
disestablish the AGTBID area. The Resolution must state the reason for the
disestablishment, the time and place of a public hearing for a required subsequent
ordinance disestablishing the AGTBID, and a proposal regarding how the AGTBID
plans to dispose of any assets acquired with the revenues of the assessments
levied within the AGTBID. Legal counsel can work with City staff to prepare this
material should Council wish to proceed in this manner.
2. Then, the City Council agendizes adoption of the Resolution of Intention (adoption
of the Resolution does not require a public hearing). Again, adoption of the
Resolution must include a date for a public hearing on the ordinance, which date
must be set in the window of 20-30 days after the adoption of the Resolution of
Intention.
Page 234 of 256
Item 12.b.
City Council
Consideration of Annual Report, Adoption of Resolution of Intention to Levy
Annual Assessments for the AGTBID; Consideration of Alternatives for Future of
AGTBID April 25, 2023
Page 7
3. After adoption, the Resolution of Intention must be published in a newspaper of
general circulation in the City one time, at least 7 days before the public hearing
date on the ordinance. A complete copy of the Resolution must also be mailed (by
first-class mail) to each business owner within the AGTBID area, within 7 days of
the Council’s adoption of the Resolution.
4. The City Council then holds a public hearing to consider the ordinance to
disestablish the AGTBID, on the date provided in the Resolution of Intention. There
is no “majority protest” proceeding at the hearing, unlike when a protest by 50% or
more of those paying the assessment can delay or block the establishment of a
TBID or the continued levy of assessments against them. This means that the
AGTBID can be disestablished even if business owners protested the action.
5. If the ordinance is adopted and the AGTBID disestablished, notice of this
disestablishment must be published once in a newspaper of general circulation not
later than 15 days from adoption of the ordinance.
6. If the Council provides direction to disestablish the AGTBID, there is also an
associated “windup” process. This entails making a refund, to all business owners
against which TBID assessments were levied, of “any remaining revenues” derived
from past assessments or the sale of assets acquired with those assessment
funds. Money derived from AGTBID assessments can be spent on lawful
purposes, up to the point of formal disestablishment. (Streets & Highways Code
§§ 36506, 36551.)
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff recommendations, or provide direction to staff regarding the future
of AGTBID more generally;
2. Request changes or clarification to the Annual Report and/or Resolution of
Intention;
3. Do not approve staff recommendations; or
4. Provide other direction to staff.
ADVANTAGES:
The recommendations will enable the City to extend the AGTBID, which provides a
mechanism to generate funding to promote lodging stays and tourism in the City, in turn
increasing transient occupancy tax revenue and support ing local businesses. If Council
directs staff to undertake the steps necessary to disestablish the AGTBID, the City
Council will have determined that the TBID has fulfilled its original purpose and is no
longer of benefit to local businesses or the City.
DISADVANTAGES:
No disadvantages with approving the Annual Report and adopting the Resolution levying
the assessment for another year are identified. Disadvantages associated with opting to
Page 235 of 256
Item 12.b.
City Council
Consideration of Annual Report, Adoption of Resolution of Intention to Levy
Annual Assessments for the AGTBID; Consideration of Alternatives for Future of
AGTBID April 25, 2023
Page 8
disestablish the AGTBID are speculative beyond no longer collecting the assessment, but
could include a reduction in tourism in response to decreased spending on attracting new
or returning visitors using AGTBID resources.
ENVIRONMENTAL REVIEW:
Approving the annual report and adopting a resolution of intention to levy and collect
assessments, or alternatively providing other direction to City staff on the future of
AGTBID, is not subject to the California Environmental Quality Act (“CEQA”) because it
has no potential to result in either a direct, or reasonably foreseeable indirect, physical
change in the environment (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Resolution
2. Annual Report
3. AGTBID FY 2022-23 Budget
Page 236 of 256
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING ITS INTENTION TO
CONTINUE THE ARROYO GRANDE TOURISM BUSINESS
IMPROVEMENT DISTRICT, TO CONTINUE THE BASIS
FOR AND TO LEVY THE ASSESSMENTS FOR THE
DISTRICT, AND TO SET A DATE FOR THE PUBLIC
HEARING ON THE DISTRICT AND THE ASSESSMENT
FOR THE 2023-24 FISCAL YEAR
WHEREAS, the Parking and Business Improvement Area Law of 1989 (“PBIAL”),
sections 36500 et seq. of the Streets and Highway Code, authorizes cities to establish
business improvement districts for several purposes, one of which is promotion o f
tourism; and
WHEREAS, the Arroyo Grande Tourism Business Improvement District was established
in May 2013 and incorporated into the Arroyo Grande Municipal Code (“AGMC”) under
Chapter 3.46; and
WHEREAS, in accordance with the requirements of Streets and Highways Code Section
36530 and AGMC Section 3.46.100, the City Council appointed an Advisory Board to
provide oversight, guidance, and recommendations regarding the use of the assessment
funds; and
WHEREAS, the AGMC and the PBIAL require the Advisory Board to prepare and submit
an annual report (“Annual Report”) stating proposed changes, improvements and
activities for the fiscal year; and
WHEREAS, on April 3, 2023, the Advisory Board approved the Annual Report; and
WHEREAS, the Advisory Board Annual Report was filed and approved by the Arroyo
Grande City Council on April 25, 2023.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. All recitals set forth above, are true, correct and incorporated herein.
2. The City Council hereby declares its intention to continue the Arroyo Grande
Tourism Business Improvement District (“District”) in accordance with AGMC
Chapter 3.46 and Streets and Highways Code Sections 36500 et seq. and to levy
assessments for fiscal year 2023-24.
Page 237 of 256
RESOLUTION NO.
PAGE 2
3. The Annual Report is on file with the City Clerk and contains a full and detailed
description of the improvements and activities to be provided for fiscal year 202 3-
24. No changes to the District boundaries are proposed, and the report includes
the estimated cost of providing improvements and activities for fiscal year 202 3-
24. The assessment is not proposed to be increased.
4. The boundaries of the District are the boundaries of the City of Arroyo Grande.
5. The assessment levied by the District shall be used for activities and programs
promoting lodging businesses in the District through the promotion of scenic,
recreational, cultural, and other attractions in the District as a tourist destination,
and as further set forth in ACMG Section 3.46.030.
6. The assessment is proposed to be levied on all “lodging” businesses in the District,
as that term is defined in AGMC section 3.46.020, and allocated by the City of
Arroyo Grande.
7. The assessment shall be based upon two percent (2%) of the rent charged by the
operator per occupied room per night for all transient occupancies and shall be
collected quarterly.
8. New lodging businesses shall not be exempt from immediate assessment.
9. A public hearing, held pursuant to AGMC Chapter 3.46 and Streets and Highways
Code Section 36535, to allow for comments and to receive written and oral protests
on the District and proposed assessment, is hereby set for 6:00 p.m., Tuesday
May 23, 2023, before the City Council of the City of Arroyo Grande at the City
Council Chambers at 215 E. Branch St., Arroyo Grande, CA or via teleconference
as follows: Zoom Meeting: https://us02web.zoom.us/j/83255848846; Webinar ID:
832 5584 8846; Or by Telephone: 1-669-900-6833; 1-346-248-7799.
10. At the public hearing, the testimony of all interested persons for or against the
continuation of the District, the boundaries of the District, or the furnishing of
specified types of improvements or activities will be heard. A protest may be made
orally or in writing by any interested person. However, only written protests will
be considered in determining if there is a majority protest. The form and
manner of protests shall comply with Streets and Highways Code Sections
36524 and 36525.
11. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in
writing and clearly state the irregularity of defect to which objection is made.
Written protests must be received by the City Clerk of the City of Arroyo Grande
before the close of the public hearing scheduled herein and may delivered or
mailed to the City Clerk, City of Arroyo Grande, 300 East Branch Street, Arroyo
Grande, CA 93420. A written protest may be withdrawn in writing at any time before
Page 238 of 256
RESOLUTION NO.
PAGE 3
the conclusion of the public hearing. Each written protest shall contain a written
description of the business in which the person signing the protest is interested
sufficient to identify the business. If the person signing the protest is not shown on
the official records of the City of Arroyo Grande as the owner of a business, then
the protest shall contain or be accompanied by written evidence that the person is
the owner of the business.
12. If at the conclusion of the public hearing, there are of record written protests by the
owners of lodging businesses within the District that will pay fifty percent (50%) or
more of the total assessments of the entire District, no further proceedings to
continue the District shall occur. New proceedings to continue the District shall not
be undertaken again for a period of at least one (1) year from the date of the finding
of a majority protest by the City Council. If the majority of written protests are only
as to an improvement or activity proposed, then that type of improvement or activity
shall not be included in the District.
13. The City Clerk is instructed to provide notice as required by AGMC Chapter 3.46
and Streets and Highways Code Section 36534. The City Clerk shall give notice
of the public hearing by causing this Resolution of Intention to be published once
in a newspaper of general circulation in the City no less than seven (7) days before
the public hearing.
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 25th day of April, 2023.
Page 239 of 256
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, CITY ATTORNEY
Page 240 of 256
Annual Report | 2022–2023
1
ATTACHMENT 2
Page 241 of 256
Overview and Goals 3
Strategic Plan 4
Completed Initiatives 5
Target Audiences 6
Geographic Markets 7
Why Tourism Matters 8
Destination Campaigns 9
Results at a Glance 10
Email Marketing 11
Social Media 12
Paid Media 13
Public Relations & Partnerships 14
Table of Contents
2
Page 242 of 256
Overview & Goals
The Arroyo Grande Tourism Business Improvement District
(Arroyo Grande TBID) has a plan in motion to reach travelers
whose interests and behaviors align with the genuine experi-
ences found in our area. These travelers are ready to discover
the magic of Arroyo Grande—a town differentiated by its
charming atmosphere, striking scenery, and access to some
of the Central Coast’s most sought-after experiences.
The Arroyo Grande TBID Advisory Board is made up of
representatives from lodging or hospitality related
businesses in Arroyo Grande appointed by the City Council.
The TBID helps to promote Arroyo Grande as a travel
destination and is funded by a 2% assessment charged by
hotels for this purpose.
Position Arroyo Grande as
a travel destination
Increase overnight stays in
Arroyo Grande
Introduce new visitors to
Arroyo Grande
Marketing Goals:
3
Page 243 of 256
In August 2020, the Arroyo Grande TBID finalized their three-year strategic plan defining key impera-
tives, objectives to measure and initiatives to execute. This plan will guide all future marketing efforts
and direct the organization.
Vision Mission Position
A thriving community
rooted in authentic
hospitality and nourished
by a strong economy
To market Arroyo Grande as a
desirable travel destination,
create memorable
experiences and support a
prosperous economy and
community
Visit Arroyo Grande is the city’s primary source for destination marketing
services and tourism leadership. We are:
• Storytellers of the Arroyo Grande tourism experience
• Providers of tourism related information and data
• Collaborators championing the value of tourism and supporting
key tourism drivers
• Stewards balancing the benefits of tourism with Arroyo Grande’s
quality of life
Values Reputation
• Truth
• Excellence
• Teamwork
• Community
• Impact
• Transparent
• Forward-thinking
• Reliable
• Humble
• Partners
Imperatives Objectives Initiatives
Support the Destination
in Tourism Recovery
and Strengthen
Organizational Capacity
for Future Impact
• Recover/Achieve 2019
Occupancy Rate
• Increase Staffing budget
• Align on and implement tiered re-opening marketing and
communication plan with key partners and stakeholders
• Advocate for organizational capacity to ensure the resiliency
of AG’s tourism economy
• Enhance the tourism industry’s position and importance in
AG’s economic recovery
Increase Brand
Awareness as a Central
California Destination
of Choice
• Increase share of
county visitor volume
• Increase use of shared
brand assets
• Differentiate AG brand's position in the larger SLO CAL travel market
• Create a content library and tool kit to influence a unified brand approach
• Pursue opportunities for collaborative and aligned promotional
partnerships and messaging
Ensure the Quality of
our Brand Promise and
Visitor Experience
• Increase number of
visitor hours in market
• Increase length of stay
• Create a framework to evaluate and promote events that generate
new and repeat visitors to the destination
• Encourage the availability of downtown and highlight opportunities
• Design attractive trip itineraries to drive visitation to AG’s portfolio
of experiences
Expand Stakeholder and
Community Engagement
to Create a Collaborative
and Supportive Tourism
Industry
• Increase representation
of lodging partners on
the Board
• Grow stakeholder
participation
• Increase resident
approval of tourism
• Create a stakeholder engagement and outreach campaign to
educate and promote the value of the TBID to lodging partners
• Collaborate with stakeholders to design and expand co-operative
marketing programs
• Increase the voice of tourism with key governmental, businesses
and community decision makers and leaders
2021–2024 Strategic Plan
4
Page 244 of 256
Completed Initiatives
Now on
TikTok
As part of its owned media strategy,
Visit Arroyo Grande added TikTok to
its social media channels starting in
2022. The social media platform
provides users the opportunity to
explore new places through bite size
videos set to trending music and
compelling voice-overs. Presence on
the ever-growing platform expands
the destinations social media reach
and captures a new audience.
Authentic content was created
throughout the year and
user-generated content shared to
inspire overnight stays, and to
showcase all there is to see and do in
Arroyo Grande.
Framework for
Events and Grants
Visit Arroyo Grande worked with the
South County Chambers of Commerce
to develop a framework for tourism
driven event sponsorships and grant
requests. The framework identifies
times throughout the year submitted
event applications will be reviewed by
Visit Arroyo Grande and outlines
specific parameters around funding.
New Tourism
Website
VisitArroyoGrande.org is the number
one resource for destination-related
content. In April 2023, Visit Arroyo
Grande launched its redesigned
website providing a new look and feel
that aligns with brand colors and
themes. The new website displays
high-quality and branded imagery,
updated content including new blogs to
increase SEO, refreshed layouts, and an
improved navigation and browsing
experience across the site for users.
5
Page 245 of 256
The Purposeful Family Traveler: Demographics
Ethnicity
77% White/Cauc.
11% Hispanic
2% Black/AA
14% Asian
7% Other
74% married
$173K household income
45.6 average age
42% children in household
78% graduated college
50% male 50% female
Target Audiences
Visit Arroyo Grande will align with Visit SLO CAL’s audience approach for the year ahead, evolving from specific
personas to target “The Purposeful Traveler,” as well as a secondary audience called “The Outdoor Family.”
Who is this audience? Purposeful Travelers live vividly and value simplicity, keeping life and the mind as unclut-
tered as possible. Authenticity and being true to oneself while maintaining strong personal relationships with
family and friends is important. Curious and creative, they are open-minded, want to explore and learn about
new things, and seek stimulating experiences. They are in tune with nature and themselves, doing activities
they enjoy.
The Outdoor Family represents an audience who are frequent visitors to the region and who are likely to take
an annual trip. These families represent the largest travel parties and longer stays, making this group the
highest spending segment. Likely to drive to the destination, families participate in a range of outdoor activi-
ties on vacation, including going to the beach.
The Purposeful Traveler: Demographics
Ethnicity
50% White/Cauc.
30% Hispanic
6% Black/AA
12% Asian
3% Other
56% married
$129.2K household income
46.5 average age
40% children in household
41% graduated college
46% male 54% female
6
Page 246 of 256
Geographic Markets
AG TBID will continue to focus on shorter drive markets throughout California,
including the San Francisco Bay Area, Los Angeles, Sacramento and the
Central Valley to generate overnight stays.
San Francisco Bay Area1
3 Sacramento
4 Central Valley
2 Los Angeles
7
Page 247 of 256
January–December 2021 Source: Visit SLO CAL, Dean Runyan Economic Impact Report, County of San Luis Obispo,
United States Census Bureau, Tourism Economics *Calculations based on percentage not actual salaries and cost.
Why Tourism Matters
in SLO County
Travel Spending
$1.78B
$4.9M
a day
$203K
an hour
$3.4K
a minute
$56
a second
Tourism puts
19,760
people
to work each day
Tourism contributes
$58.7M
in transient
occupancy tax
revenue
(64% YOY Increase)
Without state and local
tax revenue generated
by travel and tourism,
each SLO CAL household
would pay an additional
$16,753 in taxes
Travel spending created $104M in local tax
revenue which would cover the expenses for
968 police officers’ salaries or…..
1,198 firefighters salaries or…..
2,208 teachers salaries or…..
167 miles of 2-lane resurfaced roads
8
Page 248 of 256
Destination Campaigns
“No Weekend Needed”
Visit Arroyo Grande launched its “No Weekend Needed”
mid-week advertising campaign to promote off-season
overnight stays in the destination Monday to Wednesday.
The campaign targets Generation Y and retirees in key
California drive markets. Example messaging highlights cost
savings as the biggest benefit of mid-week stays along with
uncrowded access to dining and activities. Other
components of the campaign include:
• Central Coast Tourism Council co-op buy (ran Oct. 15,
2022 to Jan. 15, 2023), that targeted "Workcationers"
under the pillar of Agriculture/Culinary in Denver, Reno,
Seattle, Portland, and San Francisco. Results included
114,951 impressions and 3,231 clicks.
• Photo shoot in November for new assets shot at various
locations in The Village, resulting in three new creative
sets deployed in December, January and February as part
of the paid media strategy
• Instagram giveaway in January 2023 to create
awareness and increase social followers, with a prize
package that included a complimentary two-night hotel
stay, wine tasting for two, a gift card to a local brewery
and gas gift card. The giveaway resulted in 238 new
Instagram followers.
Time Well Spent
Visit Arroyo Grande’s “Time Well Spent” campaign
(launched September 2021) continued to win industry
awards in FY 2022–23. The campaign received an Award of
Merit at the 2022 PRSA Central California Image Awards
under the Campaign of the Year category. Central California
Image Awards honor works of distinction in the practice of
public relations by Central Valley professionals working in
public relations, communications, marketing and advertis-
ing. The campaign focuses on the destination as a place
“where experiences are naturally more full, more engaging,
and more worth your time” and targets “The Purposeful
Traveler” persona. Three .15-sec. programmatic digital ads
ran throughout the year that clicked thru to existing outdoor
adventure, family fun and culinary itineraries on the website.
9
Page 249 of 256
Results at a Glance
March–February YOY
16% increase
in website visits (sessions)
14% increase
in time on site
Reached 1,484,289
through paid media
Facebook
27,333 engagements
34% increase YOY
18,005
clicks from paid media
Instagram
11,959 engagements
81% increase YOY
Transient Occupancy Tax (TOT)
July–June Totals
2020–2021:
$1,016,301
2021–2022:
$1,472,554
2022–2023:
$886,452*
2019–2020:
$926,026
2018–2019:
$1,029,433
12% decrease
in pageviews
*Data represents July 2022 to January 2023
10
Page 250 of 256
Email Marketing
Email marketing keeps Arroyo Grande top of mind for potential
travelers and highlights the destination's unique offerings. The
monthly newsletter is sent out to an opt-in subscriber database
through Mailchimp with featured content covering the following:
• Specific themes from Arroyo Grande’s key messaging points
• Promotion of events, new happenings and local businesses
that support tourism
• Itineraries, activities, restaurants, accommodations and
more that build interest in planning an Arroyo Grande
getaway, with URLs that link to the website
3.42%
average click rate
E-newsletter Results:
1,227
email subscribers
12
distributed newsletters
43.94%
average open rate
Industry benchmarks show an average open rate of
20.4% and click rate of 2.25%. Source: Mailchimp
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Social Media
Visit Arroyo Grande developed engaging content on its owned
social media channels (Facebook, Instagram, Twitter, and
TikTok) with the goal to strengthen its brand identity and
create awareness of the destination.
• Used new video/photo assets in social media posts
and stories
• Developed original content geared towards targeted
personas around local favorites including businesses,
history, people and artisans, etc. that highlighted the
friendly and historic character of the destination
• Incorporated “Time Well Spent” and “No Weekend
Needed” campaign messaging
• Shared user-generated content to build audience and
to show authentic experiences
• Supported local events including a Jan. 2023 Instagram
giveaway in collaboration with the Pismo Beach Jazz Jubilee
and another collaboration with Laetitia Vineyard
• Created a TikTok account and posted 15 times on this
new platform
• Posted 20 Reels on Instagram
27,333 engagements (34% increase YOY)
11,959 engagements (81% increase YOY)
1,089,847 impressions (890% increase YOY)
731,375 impressions (179% increase YOY)
Facebook Results:
Instagram Results:
6,171 followers (2% increase YOY)
3,985 followers (31% increase YOY)
12
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Paid Media
March 2022–February 2023 paid media included a mix
of programmatic video pre-roll, Google paid search, OTT,
YouTube and social media channels. This omni-channel
digital strategy focused on awareness and engagement,
directing click traffic to the Visit Arroyo Grande website.
Programmatic video pre-roll had nearly 430,000
impressions and 2,000 clicks. Google paid search
resulted in 132,575 impressions and 10,237 clicks with
513 visits to the destination. OTT gained 156,308
impressions throughout this year and had a high comple -
tion rate of 98.40% (amount of viewers who saw the
video ads through to completion). YouTube produced
290,959 impressions and 307 clicks with a strong video
completion rate of 81.20%. Engagement on Instagram
resulted in 359,715 impressions and 2,231 clicks. The
CCTC fall/winter co-op also produced 114,951 impres-
sions and 3,231 clicks. Overall paid media brought in a
combined total of 1,484,289 impressions and 18,005
clicks to the Visit Arroyo Grande website.
FY 2023 Media Timeline
*Arroyo Grande TBID leverages its regional partnerships with Central Coast Tourism Council and Visit SLO CAL for industry
research and participates in reactive co-op print/digital advertising opportunities throughout the fiscal year.
Arroyo Grande
Media Breakout
OTT: 11%
CCTC Co-Op: 5%
YouTube: 10%
Paid Google
Search: 22%
Programmatic
Video: 34%
Print: 9%
Social Media: 9%
SLO CAL
Visitors Guide
South County
Visitors Guide
2022
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
2023Print Partnership Programs*CCTC Co-op
Sunset Magazine
Social
Search
Video
13
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In an effort to differentiate the brand's position in the larger travel
market Visit Arroyo Grande leveraged its existing tourism partnerships
with Visit California, Visit SLO CAL and Central Coast Tourism Council.
Public Relations & Partnerships
Visit California is the state marketing
agency that partners with the state’s
travel industry to keep California top-of-
mind as a premier travel destination.
• Visit Arroyo Grande submitted
story pitches and content for the
following marketing topics:
• Mother’s Day Escapes
• Outdoor Adventure
• Sea to Sip
• Coordinated MICHELIN Guide
California announcement for Ember
(November/December 2022)
Visit SLO CAL is the non-profit county-
wide destination marketing and
management organization for San Luis
Obispo County. They are responsible
for promoting a community as an
attractive travel destination and
enhancing its public image as a dynamic
place to live and work. In addition to
submitting content about Arroyo
Grande for use in media pitching and
story lead generation, Visit Arroyo
Grande also partnered with them on the
following initiatives:
• SLO CAL Welcome—Online
customer service training for
customer-facing employees and
volunteers in Arroyo Grande’s
tourism and hospitality industry
• Mural Trail and Online Map—
Collaborative efforts for a
“Monarch butterfly migration”
themed mural wall in the Village of
Arroyo Grande by artist Buddy
Norton of Canned Pineapple Co.
The initiative highlights public art,
the unique richness of AG’s farming
community, and promotes
visitation to Arroyo Grande and
throughout SLO County.
• Attended SLO CAL Destination
Summit (November 2022)
The Central Coast Tourism Council is
a marketing organization that
promotes the Central Coast of Califor-
nia. Visit Arroyo Grande leveraged
marketing efforts by participating in
the following programs:
• Event promotion and content
submissions
• Midweek Stay co-op (Fall/Winter
2022 and Spring/Summer 2023))
Partnerships:
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visitarroyogrande.org
@visitarroyogrande @visitagca @VistitAGCA @visitarroyograndeca
Page 255 of 256
FY 2022/23 AGTBID Budget FINAL
Beginning Fund Balance 325,075$
(July 2021-February 2022 TBID Assesments = $183,588)
Revenue Source Amount
TBID Assessments 244,000$
Interest 750
Appropriation from fund balance 48,250
Total Revenue 293,000$
Activity Amount Amount
Advertising
Consultant Services 100,000$ 500$
Photo/Video Assets 15,000 15,000
Advertising Hard Costs 85,000 15,500$
Website 25,000
Sub-total Advertising 225,000$
Services & Supplies 293,000$
City - administrative 3,000$
Chamber - Contract admin. 42,000
Supplies/Domains 2,500
Vacation rental code compliance 5,000
Sub-total Services & Supplies 52,500$
Ending Fund Balance 276,825$
REVENUES
Membership & Subscriptions
Activity
EXPENDITURES
CCTC
Total Expenditures
Co-op/Sponsorships
Sub-total Membership & Subs.
ATTACHMENT 3
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