CC 2023-10-10 Agenda PackageCITY COUNCIL MEETING
AGENDA SUMMARY
Tuesday, October 10, 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.
CLOSED SESSION:
None.
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
Recommended Action:
Move that all ordinances presented at the meeting shall be read by title only and all further
readings be waived.
6.SPECIAL PRESENTATIONS
6.a Honorary Proclamation Recognizing Arroyo Grande High School Water Polo Coach Steven
Allen
6.b Interim City Manager Communications
(ROBESON)
Recommended Action:
Receive correspondence/comments as presented by the Interim City Manager and Provide
direction, as necessary.
7.CITY COUNCIL REPORTS
None.
Reports are made during the Second Council Meeting each month.
8.COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present issues,
thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to
those matters that are within the jurisdiction of the City Council. Members of the public may provide
public comment in-person or remotely by joining the Zoom meeting utilizing one of the methods
provided below. Please use the “raise hand” feature to indicate your desire to provide public
comment.
Click the link below to join the webinar: https://us02web.zoom.us/j/86752345420; Webinar
ID: 867 5234 5420
•
Or by Telephone: 1-669-900-6833; 1-346-248-7799
Press * 9 to “raise hand” for public comment
•
The Brown Act restricts the Council from taking formal action on matters not published on the
agenda. In response to your comments, the Mayor or presiding Council Member may:
• Direct City staff to assist or coordinate with you.
• A Council Member may state a desire to meet with you.
• It may be the desire of the Council to place your issue or matter on a future Council agenda.
Please adhere to the following procedures when addressing the Council:
• Comments should be limited to 3 minutes or less.
• Your comments should be directed to the Council as a whole and not directed to individual Council
members.
• Slanderous, profane or personal remarks against any Council Member or member of the audience
shall not be permitted.
9.CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. The
recommendations for each item are noted. Any member of the public who wishes to comment on
any Consent Agenda item may do so at this time. Any Council Member may request that any item be
withdrawn from the Consent Agenda to permit discussion or change the recommended course of
action. The City Council may approve the remainder of the Consent Agenda on one motion.
9.a Consideration of Cash Disbursement Ratification
(VALENTINE)
Recommended Action:
1) Ratify the attached listing of cash disbursements for the period of September 1 through
September 15, 2023; 2) Determine that ratifying the cash disbursements is not a project
subject to the California Environmental Quality Act (“CEQA”) because it has no potential to
result in either a direct, or reasonably foreseeable indirect, physical change in the
Page 2 of 226
environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
9.b Consideration of Statement of Investment Deposits
(VALENTINE)
Recommended Action:
1) Receive and file the attached report listing investment deposits of the City of Arroyo
Grande as of August 31, 2023, as required by Government Code Section 53646(b); 2)
Determine that receiving the report of investment deposits is not a project subject to the
California Environmental Quality Act (“CEQA”) because it has no potential to result in either
a direct, or reasonably foreseeable indirect, physical change in the environment. (State
CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
9.c Consider Adoption of an Ordinance Updating Chapter 3.08 of the City’s Municipal Code
Related to Purchasing
(VALENTINE)
Recommended Action:
Adopt an Ordinance of the City Council of Arroyo Grande, Amending Arroyo Grande
Municipal Code Chapter 3.08 of Title 3 to Update the City’s Purchasing System; 2)
Determine that ratifying the Ordinance Adoption 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 Approval of Minutes
(MATSON)
Recommended Action:
Approve the minutes of the Regular City Council Meeting of September 26, 2023, as
submitted.
9.e Consideration of Cancellation of the December 26, 2023 City Council Meeting
(ROBESON)
Recommended Action:
Cancel the regularly scheduled Council meeting of December 26, 2023, due to the holidays.
9.f Consideration of Adoption of an Ordinance to Reduce the Speed Limit on Tally Ho Road
(KAHN)
Recommended Action:
1) Adopt the Ordinance authorizing a speed limit reduction on Tally Ho Road between
James Way and Highway 227 from 35 mph to 30 mph and 2) Make findings that the speed
limit adjustment 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 Consideration of Agreement for Contractor Services for Arroyo Grande Creek Fallen and
Undermined Tree, Debris Removal;
Finding the Project Exempt from Review under California Environmental Quality Act
Page 3 of 226
Pursuant to state Guidelines Section 15269 and Executive Order No. N-10-23 and Direct
Staff to File a Notice of Exemption
(KAHN)
Recommended Action:
1) Authorize the City Manager to execute the agreement for Contractor Services with
Bunyon Brothers Tree Care, Inc. for Arroyo Grande Creek fallen and undermined tree and
debris removal; and 2) Make findings that the entire Project is exempt from the California
Environmental Quality Act (CEQA) under CEQA Guidelines section 15269 and Executive
Order No. N-10-23 and direct staff to file a Notice of Exemption for this project.
9.h Consideration of Temporary Use Permit 23-009 Authorizing Temporary Closure of Branch
Street for Halloween in the Village from 3:00 PM to 7:00 PM Tuesday, October 31, 2023;
Finding the Action Exempt from Review under California Environmental Quality Act
Pursuant to State Guidelines Section 15304(e); Applicant - Krista Bandy
(PEDROTTI)
Recommended Action:
1) Adopt a Resolution approving Temporary Use Permit 23-009 authorizing the closure of
East and West Branch Streets to accommodate Halloween in the Village; and 2) Determine
that this project is categorically exempt per Section 15304(e) of the CEQA Guidelines
regarding minor temporary uses of land.
9.i Consideration of Temporary Use Permit 23-010 Authorizing Use of Heritage Square Park
for the 2023 Arroyo Grande Beer and Wine Festival;
Finding the Action Exempt from Review under California Environmental Quality Act
Pursuant to State Guidelines Section 15304(e); Location - Heritage Square Park; Applicant
- Arroyo Grande Village Association
(PEDROTTI)
Recommended Action:
1) Adopt a Resolution approving Temporary Use Permit 23-010 authorizing the use of
Heritage Square Park for the 2023 Arroyo Grande Beer and Wine Festival; and 2)
Determine that this project is categorically exempt per Section 15304(e) of the CEQA
Guidelines regarding minor temporary uses of land.
10.PUBLIC HEARINGS
None.
11.OLD BUSINESS
None.
12.NEW BUSINESS
12.a Discussion of Formula Businesses in the Arroyo Grande Village
(PEDROTTI)
Recommended Action:
1) Review staff’s proposed ordinance, receive public comment, and provide direction to
staff; 2) Determine that the study session is not a project subject to the California
Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct,
Page 4 of 226
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
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.
Page 5 of 226
Item 6.a.Page 6 of 226
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: October 10, 2023
SUMMARY OF ACTION:
Review and ratify cash disbursements for the period of September 1 through September
15, 2023.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is a $ 1,462,410.22 fiscal impact for the period of September 1 through September
15, 2023, that includes the following items:
Accounts Payable Checks $ 1,021,057.28
Payroll & Benefit Checks $ 441,352.94
RECOMMENDATION:
1) Ratify the attached listing of cash disbursements for the period of September 1 through
September 15, 2023; 2) Determine that ratifying the cash disbursements is not a project
subject to the California Environmental Quality Act (“CEQA”) because it has no potential
to result in either a direct, or reasonably foreseeable indirect, physical change in the
environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
BACKGROUND:
Cash disbursements are made weekly based on the submission of all required documents
supporting the invoices submitted for payment. Prior to payment, Administrative Services
staff reviews all disbursement documents to ensure that they meet the approval
requirements adopted in the Municipal Code and the City’s Purchasing Policies and
Procedures Manual.
Page 7 of 226
Item 9.a.
City Council
Consideration of Cash Disbursement Ratification
October 10, 2023
Page 2
ANALYSIS OF ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY 2022 -23
and FY 2023-24 budgets.
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 enviro nment. (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. September 1 – September 15, 2023 – Accounts Payable Check Register
2. September 8, 2023 – Payroll & Benefit Check Register
Page 8 of 226
CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name1 09/08/2023 298642 $ 450.00 09/10 SUMMER CONCERT SERIES SOUND010.4421.5504 ADEPT EVENTS LLC2 09/08/2023 298643 351.72 PW AC REPAIR 010.4213.5303 ALPINE REFRIGERATION3 09/08/2023 298644 104.51 TONER CARTRIDGE & WASTE TONER BOX 612.4610.5201 AMAZON CAPITAL SERVICES4 09/08/2023 298644 161.22 KEURIG COFFEE MAKER FOR BREAK 010.4213.5255AMAZON CAPITAL SERVICES5 09/08/2023 298644 1,303.34 TOILET PAPER 010.4213.5604 AMAZON CAPITAL SERVICES6 09/08/2023 298644 39.79 LIFT SUPPORTS-TORO MOWER 010.4420.5603 AMAZON CAPITAL SERVICES7 09/08/2023 298644 27.98 TORX BIT SETS 010.4420.5273 AMAZON CAPITAL SERVICES8 09/08/2023 298644 104.51 TONER CARTRIDGE & WASTE TONER 010.4307.5201 AMAZON CAPITAL SERVICES9 09/08/2023 298644 248.32 OFFICE SUPPLIES, SPACE HEATERS 010.4307.5201 AMAZON CAPITAL SERVICES10 09/08/2023 298644 151.73 FCFA SHOWER VALVE STEMS & VALV 010.4213.5604 AMAZON CAPITAL SERVICES11 09/08/2023 298644 631.08 TOILET PAPER 010.4420.5605 AMAZON CAPITAL SERVICES12 09/08/2023 298644 104.50 TONER CARTRIDGE & WASTE TONER 220.4303.5201 AMAZON CAPITAL SERVICES13 09/08/2023 298644 378.91 GATORADE, WORK GLOVES, SAFETY 220.4303.5255 AMAZON CAPITAL SERVICES14 09/08/2023 298644 332.83 BLACK NITRILE GLOVES 220.4303.5255 AMAZON CAPITAL SERVICES15 09/08/2023 298644 (164.25) CREDIT RETURN TONERS 010.4307.5201 AMAZON CAPITAL SERVICES16 09/08/2023 298644 83.71 OFFICE SUPPLIES 640.4710.5201 AMAZON CAPITAL SERVICES17 09/08/2023 298645 80.00 REFUND-PICKLEBALL TOURNAMENT 8/27 010.0000.4605 BARBARA AQUINO18 09/08/2023 298646 731.78 NETWORK CABLE RUNS FOR NEW FUEL KIOSK 010.4140.5303 A-TOWN AUDIO VIDEO19 09/08/2023 298647 327.31 PW-5 REPAIR, OIL CHG 640.4712.5601 BACK ON THE ROAD AUTOMOBILE20 09/08/2023 298648 122.70 OIL & AIR FILTERS 220.4303.5603 BERCHTOLD EQUIPMENT CO21 09/08/2023 298649 10.00 CAR WASH-PW8 ENGINEERING010.4301.5601 BOB'S EXPRESS WASH22 09/08/2023 298649 26.00 CAR WASH-PW6 & PW70 220.4303.5601 BOB'S EXPRESS WASH23 09/08/2023 298649 58.00 CAR WASH-PW10, PW16, PW67640.4712.5601 BOB'S EXPRESS WASH24 09/08/2023 298649 16.00 CAR WASH-PW44 612.4610.5601 BOB'S EXPRESS WASH25 09/08/2023 298649 39.00 CAR WASH-PD ADMIN 010.4201.5601 BOB'S EXPRESS WASH26 09/08/2023 298649 348.00 CAR WASH-PD PATROL 010.4203.5601 BOB'S EXPRESS WASH27 09/08/2023 298649 133.00 CAR WASH-PD SUPPORT SVCS 010.4204.5601 BOB'S EXPRESS WASH28 09/08/2023 298650 220.00 PW-41 OIL CHG,FUEL FILTERS, LUBE 220.4303.5601 BOYER'S DIESEL29 09/08/2023 298650 392.50 PW-50 OIL CHG,FUEL FILTERS, LUBE 220.4303.5601 BOYER'S DIESEL30 09/08/2023 298650 310.00 PW-27 OIL CHG,FUEL FILTERS, LUBE 220.4303.5601 BOYER'S DIESEL31 09/08/2023 298651 27,961.40 BUILDING DEPARTMENT SERVICES 010.4212.5303 BPR CONSULTING GROUP LLC32 09/08/2023 298652 100.00 PARK DEPOSIT REFUND-STROTHER #1 & 2 010.0000.2206 DIANE BREBES33 09/08/2023 298653 125.00 08/23 PD JANITORIAL SERVICES 010.4213.5615 BRENDLER JANITORIAL SERVICE34 09/08/2023 298653 725.00 08/23 REC JANITORIAL SERVICES 010.4213.5615 BRENDLER JANITORIAL SERVICE35 09/08/2023 298653 285.00 08/23 WOMENS CLUB JANITORIAL SERVICES 010.4213.5615 BRENDLER JANITORIAL SERVICE36 09/08/2023 298653 500.00 08/23 PD JANITORIAL SERVICES 010.4201.5615 BRENDLER JANITORIAL SERVICE37 09/08/2023 298654 146.00 PEST CONTROL-REC DEPT 010.4213.5303 BREZDEN PEST CONTROL, INC38 09/08/2023 298655 72.67 TOOLS-WIRE BRUSH, HANDLES, ROLLER 640.4712.5273 BRISCO MILL & LUMBER YARD39 09/08/2023 298655 23.56 (3) SPRAY PAINT 220.4303.5613 BRISCO MILL & LUMBER YARDPage 9 of 226
CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name40 09/08/2023 298655 $ 46.73 PUMP SPRAYER, WHISK BROOM 010.4420.5605 BRISCO MILL & LUMBER YARD41 09/08/2023 298655 51.70 STRAPS 220.4303.5255 BRISCO MILL & LUMBER YARD42 09/08/2023 298655 10.75 PAINT PENS 010.4420.5605 BRISCO MILL & LUMBER YARD43 09/08/2023 298655 31.54 FAST SET CONCRETE, GLOVES 220.4303.5613 BRISCO MILL & LUMBER YARD44 09/08/2023 298655 7.85 SCREWS 640.4712.5604 BRISCO MILL & LUMBER YARD45 09/08/2023 298655 176.55 WELL # 5 PAINT SUPPLIES 640.4712.5604 BRISCO MILL & LUMBER YARD46 09/08/2023 298655 21.54 DROP CLOTH 640.4712.5604 BRISCO MILL & LUMBER YARD47 09/08/2023 298655 109.13 PAINT FOR FIRE HYDRANTS 640.4712.5610 BRISCO MILL & LUMBER YARD48 09/08/2023 298655 18.09 PAINT-RED 640.4712.5604 BRISCO MILL & LUMBER YARD49 09/08/2023 298655 82.33 WELL #5 PAINT SUPPLIES 640.4712.5604 BRISCO MILL & LUMBER YARD50 09/08/2023 298656 120.40 (8) 2X6 LUMBER 220.4303.5613 BURKE AND PACE OF AG, INC51 09/08/2023 298656 19.51 (2) 2X10 LUMBER 220.4303.5613 BURKE AND PACE OF AG, INC52 09/08/2023 298656 27.55 (3) 1X4 LUMBER 220.4303.5613 BURKE AND PACE OF AG, INC53 09/08/2023 298657 4,418.12 07/23 CMC WORK CREW WEED ABATEMENT 010.4420.5303 CA ST DEPT OF CORRECTIONS54 09/08/2023 298657 1,471.02 06/23 CMC WORK CREW WEED ABATEMENT 010.4420.5303 CA ST DEPT OF CORRECTIONS55 09/08/2023 298658 452.05 FILL SAND 24.13 CU YDS 220.4303.5613 CALPORTLAND CONSTRUCTION56 09/08/2023 298658 258.85 TRUCK RENTAL 220.4303.5552 CALPORTLAND CONSTRUCTION57 09/08/2023 298659 5.79 PW21-MINI FUSE 220.4303.5601 CARQUEST AUTO PARTS58 09/08/2023 298660 230.49 PW-66 SERVICE 220.4303.5603 COASTLINE EQUIPMENT(DBA)59 09/08/2023 298661 1,233.64 GB EXTENSION,FLUID, SPRAY TIPS 220.4303.5603 CONTRACTORS MAINT.SERVICE60 09/08/2023 298662 54.41 KYOCERA COPIER-PROP TAX ADMIN 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS61 09/08/2023 298663 40.00 REFUND-PICKLEBALL TOURNAMENT 8/27 010.0000.4605 LOCH DREIZLER62 09/08/2023 298664 666.93 2022 CONCRETE REPAIRS 350.5658.7501 EIKHOF DESIGN GROUP63 09/08/2023 298665 675.00 DRE TRAINING CONF-PER DIEM 9 DAYS X $75 010.4209.5501 ALEJANDRO ESTRADA64 09/08/2023 298666 278.19 HUEBNER LN EROSION CONTROL SEED 220.4303.5613 FARM SUPPLY CO65 09/08/2023 298666 831.56 (52) 50# BAGS LIME DOLOMITE 010.4430.5605 FARM SUPPLY CO66 09/08/2023 298667 9.70 KEY COPIES FOR TOOLBOX 010.4213.5601 FRANK'S LOCK & KEY67 09/08/2023 298668 5,250.00 FRONTAGE IMPROVEMENTS & WALL CONSTRUCTION 010.4301.5303 GARING TAYLOR & ASSOCIATES INC68 09/08/2023 298669 500.00 09/10 SUMMER CONCERT SERIES BAND 010.4421.5504 MICHAEL H GERBER69 09/08/2023 298670 50,180.92 SHARE OF CALVIN CT PURCHASE FOR CENTRAL COAST BLUE 640.5975.7303 CITY OF GROVER BEACH70 09/08/2023 298671 106.08 08/23 PORTABLE TOILET RENTAL 220.4303.5552 HARVEY'S HONEY HUTS71 09/08/2023 298672 255.00 INSTALL NEW WATER FOUNTAIN PUMP & WIRING 010.4420.5303 JD ELECTRIC72 09/08/2023 298673 40.00 REFUND-PICKLEBALL TOURNAMENT 8/27 010.0000.4605 NANCY KRUMWIEDE73 09/08/2023 298674 80.00 REFUND-PICKLEBALL TOURNAMENT 8/27 010.0000.4605 CYNDI LANG74 09/08/2023 298675 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KIM LEWIS75 09/08/2023 298676 218.75 07/13 CIM FIELD TRIP-AVILA BEACH MARINE 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST76 09/08/2023 298676 98.25 07/19 CIM FIELD TRIP AGHS POOL 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST77 09/08/2023 298676 217.17 07/21 CIM FIELD TRIP AVILA HOT SPRINGS 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST78 09/08/2023 298676 195.83 07/28 CIM FIELD TRIP LEGACY GYM 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DISTPage 10 of 226
CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name79 09/08/2023 298676 $ 275.17 08/01 CIM FIELD TRIP BOOMERS 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST80 09/08/2023 298676 213.75 08/11 CIM FIELD TRIP MUSTANG WATER SLIDES 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST81 09/08/2023 298676 230.75 08/09 CIM FIELD TRIP AVILA BEACH 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST82 09/08/2023 298676 85.75 07/05 CIM FIELD TRIP AGHS POOL 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST83 09/08/2023 298676 187.33 07/07 CIM FIELD TRIP SINSHEIMER PARK 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST84 09/08/2023 298677 1,332.10 07/23 ZUMBA & BARRE 010.4424.5351 HEIDY MANGIARDI85 09/08/2023 298678 161.63 1/3 CU YD 5 SACK CONCRETE 220.4303.5613 MIER BROS LANDSCAPE PRODUCTS86 09/08/2023 298678 328.64 1 CU YD 6 SACK CONCRETE 220.4303.5613 MIER BROS LANDSCAPE PRODUCTS87 09/08/2023 298678 63.57 1 CU YD DG FOR SOTO 010.4430.5605MIER BROS LANDSCAPE PRODUCTS88 09/08/2023 298680 10.75 STAPLES 640.4712.5255 MINER'S ACE HARDWARE, INC89 09/08/2023 298680 49.63 WELL # 5 PAINT 640.4712.5604 MINER'S ACE HARDWARE, INC90 09/08/2023 298680 102.40 SCREWS, TORX BITS, REINFORCING ANGLES 220.4303.5613 MINER'S ACE HARDWARE, INC91 09/08/2023 298680 18.29 WIRE CONNECTORS 010.4213.5604 MINER'S ACE HARDWARE, INC92 09/08/2023 298680 81.95 PLUNGER, AIR FILTER 010.4213.5604 MINER'S ACE HARDWARE, INC93 09/08/2023 298680 19.38 DOOR BOTTOM 010.4213.5604 MINER'S ACE HARDWARE, INC94 09/08/2023 298680 19.38 DOOR SEAL CINCH 010.4213.5604 MINER'S ACE HARDWARE, INC95 09/08/2023 298680 7.53 LUBRICANT 010.4420.5605 MINER'S ACE HARDWARE, INC96 09/08/2023 298680 9.69 FLUSH LEVER 010.4213.5604 MINER'S ACE HARDWARE, INC97 09/08/2023 298680 (9.69) CREDIT RETURN FLUSH LEVER 010.4213.5604 MINER'S ACE HARDWARE, INC98 09/08/2023 298680 14.12 FASTENERS 010.4420.5605 MINER'S ACE HARDWARE, INC99 09/08/2023 298680 95.48 PAINT, GLOVES, SANDING SPONGE, 010.4420.5605 MINER'S ACE HARDWARE, INC100 09/08/2023 298680 157.34 FLOATS, TROWELS, CONCRETE BRUSH 220.4303.5613 MINER'S ACE HARDWARE, INC101 09/08/2023 298680 4.30 CABLE TIES 220.4303.5613 MINER'S ACE HARDWARE, INC102 09/08/2023 298680 35.54 SAFETY GLASSES010.4213.5604 MINER'S ACE HARDWARE, INC103 09/08/2023 298680 47.69 DISINFECTING SPRAY, BATTERIES 010.4213.5604 MINER'S ACE HARDWARE, INC104 09/08/2023 298680 128.17 GLOVES, TREE PRUNER, KEYS 010.4420.5605 MINER'S ACE HARDWARE, INC105 09/08/2023 298680 26.91 SPRAYPAINT010.4213.5604 MINER'S ACE HARDWARE, INC106 09/08/2023 298680 109.77 RECIPROCATING SAW 220.4303.5273 MINER'S ACE HARDWARE, INC107 09/08/2023 298680 19.37 WASP SPRAY 010.4420.5605 MINER'S ACE HARDWARE, INC108 09/08/2023 298680 53.79 WASP SPRAY, CUTTING WHEEL010.4420.5605 MINER'S ACE HARDWARE, INC109 09/08/2023 298680 69.83 PAINT, PAINT TRAY, ROLLERS, COVERS 010.4420.5605 MINER'S ACE HARDWARE, INC110 09/08/2023 298680 46.08 SPRAY PAINT, HACKSAW, ANCHORS 010.4213.5604 MINER'S ACE HARDWARE, INC111 09/08/2023 298680 83.00 DISINFECTANT, PRUNERS, TROWEL, GLOVES 010.4213.5604 MINER'S ACE HARDWARE, INC112 09/08/2023 298680 9.78 DRAWER LOCK 010.4213.5604 MINER'S ACE HARDWARE, INC113 09/08/2023 298680 93.69 SMALL TOOLS-WIRE BRUSH, SOCKET 640.4712.5273 MINER'S ACE HARDWARE, INC114 09/08/2023 298680 64.11 PAINT STRAINER, GRACO PUMP ARM 220.4303.5613 MINER'S ACE HARDWARE, INC115 09/08/2023 298680 50.61 TOILET REPAIR KIT, FLAPPER, LEVER 010.4213.5604 MINER'S ACE HARDWARE, INC116 09/08/2023 298680 26.92 RECEPTACLE TESTER, COBWEB BRUSH 010.4420.5605 MINER'S ACE HARDWARE, INC117 09/08/2023 298680 36.59 ANT BAIT & SPRAY 010.4213.5604 MINER'S ACE HARDWARE, INCPage 11 of 226
CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name118 09/08/2023 298680 $ 10.95 HOSE MENDER, TUBE, CLAMP 010.4213.5604 MINER'S ACE HARDWARE, INC119 09/08/2023 298680 54.46 HOSE CLAMPS, BARB, SILICONE 010.4213.5604 MINER'S ACE HARDWARE, INC120 09/08/2023 298680 78.61 PLIERS, CHISEL SET, MOUSE BAIT 010.4213.5604 MINER'S ACE HARDWARE, INC121 09/08/2023 298680 22.83 POLE BARN RING SHANK NAILS 010.4430.5605 MINER'S ACE HARDWARE, INC122 09/08/2023 298680 120.63 SCREWDRIVER SET, PLIERS, WRENCH 010.4213.5273 MINER'S ACE HARDWARE, INC123 09/08/2023 298680 24.76 CAUTION TAPE, 60# BAG MORTAR 010.4420.5605 MINER'S ACE HARDWARE, INC124 09/08/2023 298680 119.59 (2) GARDEN SPRAYER, PRUNING SAW HEAD 010.4430.5273 MINER'S ACE HARDWARE, INC125 09/08/2023 298680 40.90 FURNITURE POLISH, SPRAY PAINT 010.4213.5604 MINER'S ACE HARDWARE, INC126 09/08/2023 298680 71.74 TOILET FLAPPERS, PLUMBING PARTS 010.4213.5604 MINER'S ACE HARDWARE, INC127 09/08/2023 298680 37.68 FLAPPERS 010.4213.5604 MINER'S ACE HARDWARE, INC128 09/08/2023 298681 388.74 CHAINSAW CHAINS, TRIMMER LINE, EDGER 010.4420.5603 NOBLE SAW, INC129 09/08/2023 298681 269.68 P2814 BLOWER 220.4303.5273 NOBLE SAW, INC130 09/08/2023 298681 590.24 CHAINSAW, CHAINS, AIR FILTERS 220.4303.5273 NOBLE SAW, INC131 09/08/2023 298681 228.23 MIXED FUEL, TRIMMER LINE HEADS 220.4303.5613 NOBLE SAW, INC132 09/08/2023 298681 128.44 ROTARY BLADES, BAR OIL 010.4420.5603 NOBLE SAW, INC133 09/08/2023 298681 78.08 (4) LEAF RAKES 010.4420.5605 NOBLE SAW, INC134 09/08/2023 298681 119.49 AIR FILTERS, SPARK PLUGS-FOR CUTOFF SAW 640.4712.5603 NOBLE SAW, INC135 09/08/2023 298682 2,400.00 CASH FOR GRASS- 2400 SQ FT 226.4306.5554 OAK PARK LEISURE GARDENS HOA136 09/08/2023 298683 1,413.86 ELECTRIC 010.4307.5402 PACIFIC GAS & ELECTRIC CO137 09/08/2023 298683 8,258.45 ELECTRIC 640.4712.5402 PACIFIC GAS & ELECTRIC CO138 09/08/2023 298683 4,145.83 ELECTRIC 640.4711.5402 PACIFIC GAS & ELECTRIC CO139 09/08/2023 298683 2,600.84 ELECTRIC 612.4610.5402 PACIFIC GAS & ELECTRIC CO140 09/08/2023 298683 14.12 ELECTRIC-484 BAKEMAN 219.4460.5304 PACIFIC GAS & ELECTRIC CO141 09/08/2023 298683 12.50 ELECTRIC 217.4460.5355 PACIFIC GAS & ELECTRIC CO142 09/08/2023 298683 8,774.22 ELECTRIC 010.4145.5401 PACIFIC GAS & ELECTRIC CO143 09/08/2023 298684 200.00 START CHANGE FOR ART IN THE PARK 010.0000.1033 PETTY CASH144 09/08/2023 298685 1,201.41 09/23 PARKSIDE LANDSCAPE MAINTENANCE 219.4460.5304 RAINSCAPE145 09/08/2023 298685 484.37 09/23 GRACE LANE LANDSCAPE MAINTENANCE 216.4460.5304 RAINSCAPE146 09/08/2023 298686 5.38 COUNCIL CHAMBERS WATER 010.4213.5303 READYREFRESH BY NESTLE147 09/08/2023 298686 63.34 COUNCIL CHAMBERS WATER 010.4213.5303 READYREFRESH BY NESTLE148 09/08/2023 298687 225.00 QTRLY MAINT SVC-CITY HALL GENERATOR 010.4140.5303 SAN LUIS POWERHOUSE149 09/08/2023 298688 169.14 (2) 2.5 GALL HERBICIDE 010.4420.5274 SITEONE LANDSCAPE SUPPLY LLC150 09/08/2023 298688 61.06 30 GALL TRASH CAN 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC151 09/08/2023 298689 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 CANDICE SMEDLEY152 09/08/2023 298690 202.38 DUMPSTERS -RANCHO GRANDE PARK 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC153 09/08/2023 298690 376.95 DUMPSTERS -FCFA 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC154 09/08/2023 298690 202.38 DUMPSTERS -STROTHER 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC155 09/08/2023 298690 159.08 DUMPSTERS -PD 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC156 09/08/2023 298690 101.19 DUMPSTERS -PW RECYCLE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INCPage 12 of 226
CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name157 09/08/2023 298690 $ 5.07 DUMPSTERS -COMM GARDEN GREEN WASTE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC158 09/08/2023 298690 87.62 CITY HALL-GARBAGE & RECYCLING 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC159 09/08/2023 298691 635.64 TONERS, STORAGE BOXES 010.4421.5201 STAPLES160 09/08/2023 298692 25.74 AMBER & CLEAR SENTER REFLECTOR 220.4303.5613 STATEWIDE SAFETY & SIGNS INC161 09/08/2023 298692 62.63 CONE SIGNS -HORIZONTAL ARROW 220.4303.5613 STATEWIDE SAFETY & SIGNS INC162 09/08/2023 298693 254.56 DOOR TOOL, COMBO PLIERS, IMPACT DRILL 010.4305.5273 TCA TOOLS INC163 09/08/2023 298694 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 CLAUDIO TOLENTINO164 09/08/2023 298695 1,358.61 ANCHORS, POSTS, YELLOW ROAD PAINT 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS165 09/08/2023 298695 2,216.87 POSTS, SIGN RIVETS, 30X30 SIGN 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS166 09/08/2023 298695 712.87 ROADMAX SEMIGLOSS FAST DRY PAINT 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS167 09/08/2023 298695 568.10 30X30 UNSHEETED SIGNS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS168 09/08/2023 298695 66.19 24X12 CUSTOM DECALS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS169 09/08/2023 298696 111.30 08/23 METER READ KONICA COPIER 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)170 09/08/2023 298697 2,972.78 ROLLER, WATER TRUCK RENTAL-HUEBNER SITE 220.4303.5552 UNITED RENTALS INC171 09/08/2023 298697 5,339.46 EXCAVATOR RENTAL-HUEBNER SITE 220.4303.5552 UNITED RENTALS INC172 09/08/2023 298698 1,856.56 PAYROLL FOR: PARKS SUPPORT STAFF 010.4420.5303 UNITED STAFFING ASSOC.173 09/08/2023 298699 40.00 REFUND-PICKLEBALL TOURNAMENT 8/27 010.0000.4605 ERIC VILLEGAS174 09/08/2023 298700 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 MARIAH VIRDEN175 09/08/2023 298701 40.00 REFUND-PICKLEBALL TOURNAMENT 8/27 010.0000.4605 TERI WILLIAMS176 09/08/2023 298702 1,440.00 07/23 SIGNAL MAINT 12 INTERSECTIONS 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC177 09/08/2023 298702 60.00 OAK PARK & JAMES WAY 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC178 09/08/2023 298702 60.00 OAK PARK & EL CAMINO REAL 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC179 09/08/2023 298702 75.00 OAK PARK & W BRANCH 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC180 09/08/2023 298703 40.00 REFUND-PICKLEBALL TOURNAMENT 8/27 010.0000.4605 MICKI WRIGHT181 09/08/2023 298704 273.87 UB Refund Cst #00027767 640.0000.2301 GABRIELLE AURA182 09/08/2023 298705 155.86 UB Refund Cst #00029041 640.0000.2301 CAL WEST183 09/08/2023 298706 91.22 UB Refund Cst #00028958 640.0000.2301 CARLOS CARROSCO184 09/08/2023 298707 90.07 UB Refund Cst #00026129 640.0000.2301 LESLIE ELLEN CUNNINGHAM185 09/08/2023 298708 220.14 UB Refund Cst #00027081 640.0000.2301 SON DUONG186 09/08/2023 298709 136.21 UB Refund Cst #00028225 640.0000.2301 ALEXANDER HOLTHAUS187 09/08/2023 298710 431.18 UB Refund Cst #00020121 640.0000.2301 CRAIG & MARY JANSON188 09/08/2023 298711 37.61 UB Refund Cst #00028529 640.0000.2301 EMMA PERRY189 09/08/2023 298712 35.87 UB Refund Cst #00028565 640.0000.2301 DAVID RALSTON190 09/08/2023 298713 19.48 UB Refund Cst #00028435 640.0000.2301 JULIE A SMALLWOOD191 09/08/2023 298714 508.84 UB Refund Cst #00021441 640.0000.2301 JAMES STORTON192 09/13/2023 298715 65,843.03 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE193 09/13/2023 298715 15,416.57 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE194 09/13/2023 298715 60,163.50 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE195 09/13/2023 298716 26,342.87 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPTPage 13 of 226
CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name196 09/13/2023 298716 $ 2,062.54 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT197 09/13/2023 298717 170.30 DEPT OF CHILD SUPPORT SERVICES: Payment 011.0000.2114 CA STATE DISBURSEMENT UNIT198 09/13/2023 298718 2,222.56 09/23 DENTAL INSURANCE: RETIREES 010.4099.5132 DELTA DENTAL199 09/13/2023 298718 7,970.56 09/23 DENTAL INSURANCE 011.0000.2110 DELTA DENTAL200 09/13/2023 298719 183.18 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP201 09/13/2023 298719 310.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP202 09/13/2023 298719 825.00 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP203 09/13/2023 298719 10,901.99 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP204 09/13/2023 298719 4,443.69 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP205 09/13/2023 298720 2,431.32 HMO ANTHEM TRADITIONAL - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED206 09/13/2023 298720 4,200.00 PORAC MED INSURANCE: Payment 011.0000.2109 PERS - ACTIVE MED207 09/13/2023 298720 11,134.92 PPO PERS GOLD - MANAGEMENT: Payment 011.0000.2109 PERS - ACTIVE MED208 09/13/2023 298720 18,372.58 PPO PERS GOLD - POLICE: Payment 011.0000.2109 PERS - ACTIVE MED209 09/13/2023 298720 14,614.59 PPO PERS GOLD - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED210 09/13/2023 298720 1,977.86 BLUE SHIELD TRIO HMO - MGMT: Payment 011.0000.2109 PERS - ACTIVE MED211 09/13/2023 298720 1,977.86 BLUE SHIELD TRIO HMO - POLICE: Payment 011.0000.2109 PERS - ACTIVE MED212 09/13/2023 298720 18,412.24 HMO-UNITED HEALTHCARE-MGMT: Payment 011.0000.2109 PERS - ACTIVE MED213 09/13/2023 298720 8,095.06 HMO UNITED HEALTHCARE-POLICE: Payment 011.0000.2109 PERS - ACTIVE MED214 09/13/2023 298720 18,729.70 HMO UNITED HEALTHCARE-SEIU: Payment 011.0000.2109 PERS - ACTIVE MED215 09/13/2023 298720 1,977.86 BLUE SHIELD TRIO HMO - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED216 09/13/2023 298720 1,809.42 PERS GOLD - FIRE MANAGEMENT: Payment 011.0000.2109 PERS - ACTIVE MED217 09/13/2023 298720 4,668.08 PPO PERS PLATINUM - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED218 09/13/2023 298720 11,830.84 PPO PERS GOLD - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED219 09/13/2023 298720 1,521.44 BLUE SHIELD TRIO HMO - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED220 09/13/2023 298720 7,777.58 HMO UNITED HEALTHCARE-FIRE: Payment 011.0000.2109 PERS - ACTIVE MED221 09/13/2023 298720 6,190.32 HMO-UNITED HEALTH FIRE-MGMT: Payment 011.0000.2109 PERS - ACTIVE MED222 09/13/2023 298720 6,594.13 RETIREE HEALTH INSURANCE 010.4099.5136 PERS - ACTIVE MED223 09/13/2023 298720 610.73 RETIREE HEALTH INSURANCE 220.4303.5136 PERS - ACTIVE MED224 09/13/2023 298720 2,505.12 MISC ADJUSTMENTS 011.0000.2109 PERS - ACTIVE MED225 09/13/2023 298720 332.05 ACTIVE HEALTH ADMIN FEE 010.4145.5131 PERS - ACTIVE MED226 09/13/2023 298720 106.52 ACTIVE HEALTH ADMIN FEE-FCFA 010.0000.1111 PERS - ACTIVE MED227 09/13/2023 298720 769.74 RETIREE HEALTH INSURANCE-FCFA 010.0000.1111 PERS - ACTIVE MED228 09/13/2023 298721 39,611.40 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT229 09/13/2023 298721 54,579.22 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT230 09/13/2023 298721 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT231 09/13/2023 298721 1,305.99 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT232 09/13/2023 298721 0.26 ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT233 09/13/2023 298722 994.30 STANDARD INSURANCE COMPANY: Payment 011.0000.2113 STANDARD INSURANCE CO234 09/13/2023 298722 460.34 STANDARD INSURANCE COMPANY: Payment 011.0000.2113 STANDARD INSURANCE COPage 14 of 226
CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name235 09/13/2023 298722 $ 1,471.43 STANDARD LTD/STD INSURANCE: Payment 011.0000.2113 STANDARD INSURANCE CO236 09/13/2023 298722 (99.10) MISC ADJUSTMENTS 011.0000.2113 STANDARD INSURANCE CO237 09/13/2023 298723 953.10 PARS: PAYDATE 09/08/23011.0000.2107 US BANK OF CALIFORNIA238 09/13/2023 298724 507.50 09/23 VISION CARE INS-RETIREES 010.4099.5133 VISION SERVICE PLAN239 09/13/2023 298724 2,165.42 09/23 VISION CARE INSURANCE 011.0000.2119 VISION SERVICE PLAN240 09/15/2023 298725 450.00 09/17 SUMMER CONCERT SERIES SOUND010.4421.5504 ADEPT EVENTS LLC241 09/15/2023 298726 320.04 PW A/C REPAIR 010.4213.5303 ALPINE REFRIGERATION242 09/15/2023 298727 34.20 OFFICE SUPPLIES-STAPLES, BINDER 010.4307.5201 AMAZON CAPITAL SERVICES243 09/15/2023 298727 34.20 OFFICE SUPPLIES-STAPLES, BINDER 640.4710.5201 AMAZON CAPITAL SERVICES244 09/15/2023 298727 34.20 OFFICE SUPPLIES-STAPLES, BINDER 220.4303.5201 AMAZON CAPITAL SERVICES245 09/15/2023 298727 193.94 WORK BOOTS 010.4213.5148 AMAZON CAPITAL SERVICES246 09/15/2023 298727 312.68 PAPER TOWELS010.4213.5604 AMAZON CAPITAL SERVICES247 09/15/2023 298727 280.40 FOAMING SOAP 010.4213.5604 AMAZON CAPITAL SERVICES248 09/15/2023 298727 261.56 WYPALLS CLEANING CLOTHS 220.4303.5255 AMAZON CAPITAL SERVICES249 09/15/2023 298727 44.13 MUZATA SWAGE DIES 220.4303.5273 AMAZON CAPITAL SERVICES250 09/15/2023 298727 82.97 GUARDIAN ROPE 010.4420.5605 AMAZON CAPITAL SERVICES251 09/15/2023 298727 182.26 GEARWRENCH SOCKET SETS 010.4420.5273 AMAZON CAPITAL SERVICES252 09/15/2023 298727 2,875.77 IT-REPLACEMENT LAPTOPS (3) 010.4140.5702 AMAZON CAPITAL SERVICES253 09/15/2023 298727 231.61 WORK BOOTS 010.4420.5148 AMAZON CAPITAL SERVICES254 09/15/2023 298727 187.66 WORK BOOTS 010.4420.5148 AMAZON CAPITAL SERVICES255 09/15/2023 298727 420.57 CITY COUNCIL SUPPLIES-PITCHERS 010.4001.5201 AMAZON CAPITAL SERVICES256 09/15/2023 298727 22.62 HR OFFICE SUPPLIES-NAME PLATE 010.4110.5201 AMAZON CAPITAL SERVICES257 09/15/2023 298727 131.81 SIGN BOARD 010.4424.5251 AMAZON CAPITAL SERVICES258 09/15/2023 298727 48.35 OFFICE SUPPLIES 010.4120.5201 AMAZON CAPITAL SERVICES259 09/15/2023 298727 43.08 WEB CAM 010.4301.5201 AMAZON CAPITAL SERVICES260 09/15/2023 298728 167.92 09/23 COMMUNICATIONS MAINT 010.4204.5606 APPLIED TECHNOLOGY GROUP INC261 09/15/2023 298728 2,873.22 COMMUNICATION REPAIR 010.4204.5606APPLIED TECHNOLOGY GROUP INC262 09/15/2023 298729 600.00 08/23 VILLAGE WATERING 010.4420.5605 ARROYO GRANDE IN BLOOM INC263 09/15/2023 298730 130.48 08/23 TOWER LEASE 010.4201.5303 ATC SEQUOIA LLC264 09/15/2023 298730 130.48 09/23 TOWER LEASE 010.4201.5303 ATC SEQUOIA LLC265 09/15/2023 298731 200.00 D. O. INSPECTION -PW FUEL ISLAND 010.4305.5303 B & T SVC STN CONTRACTORS, INC266 09/15/2023 298732 105.36 PW-70 OIL CHG 220.4303.5601 BACK ON THE ROAD AUTOMOBILE267 09/15/2023 298733 4,005.00 PURCHASING POLICY UPDATE 010.4120.5303BAKER TILLY US LLP268 09/15/2023 298734 1,000.00 BLD19-000579-OVERPYMT OF BUILDING PERMIT FEES 010.0000.4181 JOYCE BAKER269 09/15/2023 298735 600.00 DOGGIE CLASSES-SUMMER SESSION 010.4424.5351 IRINA BEATTY270 09/15/2023 298736 575.00 10/2-10/6 INTERVIEW & INTERROGATION 010.4203.5501 BEHAVIORAL ANALYSIS TRAINING271 09/15/2023 298737 31,339.49 08/23 PROF LEGAL SERVICES 010.4003.5327BEST BEST & KRIEGER LLP272 09/15/2023 298738 249.06 BUSINESS CARDS-PEINADO, ESTRAD 010.4201.5201 BOONE PRINTING & GRAPHICS INC273 09/15/2023 298739 571.27 WORK BOOTS 612.4610.5148 BOOT BARN INCPage 15 of 226
CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name274 09/15/2023 298739 $ 156.59 WORK BOOTS 010.4420.5148 BOOT BARN INC275 09/15/2023 298739 200.00 WORK BOOTS 640.4711.5148 BOOT BARN INC276 09/15/2023 298740 157.54 (6) HATS-AUTO SHOP 010.4305.5255 BRAND CREATIVE277 09/15/2023 298741 150.00 PARK DEPOSIT REFUND-STROTHER 1 010.0000.2206 CALVARY CHAPEL278 09/15/2023 298741 262.00 REFUND SPECIAL EVENT FEE 010.0000.4354 CALVARY CHAPEL279 09/15/2023 298742 61.20 EPOXY SPRAY PAINT, SAND PAPER 010.4305.5601 CARQUEST AUTO PARTS280 09/15/2023 298743 65.00 08/23 JIUJITSU REIMBURSEMENT 010.4203.5501 JASON CASTILLO281 09/15/2023 298744 59.73 ACCT#170564101 -PW TV 010.4307.5303 CHARTER COMMUNICATIONS282 09/15/2023 298745 75.37 (5) LANTANA-PD PARK 010.4430.5605 CHERRY LANE NURSERY LLC283 09/15/2023 298746 100.00 08/23 CLOGGING CLASS 010.4424.5351 KATHLEEN J CINOWALT284 09/15/2023 298747 7,320.54 JUNIPER SWITCHES FOR 2023/24 010.4140.5303 CIO SOLUTIONS LP285 09/15/2023 298748 9,787.35 USER LICENSES, ANNUAL HOSTING & SUPPORT, REDESIGN 010.4140.5303 CIVICPLUS286 09/15/2023 298749 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 EMILY CONNAKER287 09/15/2023 298750 7,189.86 TRAFFIC WAY BRIDGE REPLACEMENT DESIGN SERVICES 350.5679.7501 CONSOR NORTH AMERICA INC288 09/15/2023 298751 302.40 08/23 SR FITNESS 010.4424.5351 GAYLE CUDDY289 09/15/2023 298752 105.70 08/23 LINE DANCING 010.4424.5351 ZOE DASCALOS290 09/15/2023 298753 400.00 08/23 NETBILL MONTHLY MAINT. 640.4710.5303 DATAPROSE LLC291 09/15/2023 298753 501.20 08/23 NETBILL CC TRANSACTION FEES 640.4710.5555 DATAPROSE LLC292 09/15/2023 298753 1,752.14 08/23 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLC293 09/15/2023 298753 125.30 08/23 NETBILL CC TRANSACTION FEES 612.4610.5555 DATAPROSE LLC294 09/15/2023 298754 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 NANCY DIAZ295 09/15/2023 298755 280.00 08/23 ROLLER SKATING CLASS 010.4424.5351 DOOMSDAY SKATE LLC296 09/15/2023 298756 1,423.16 TRASH CAN LINERS 220.4303.5613 FASTENAL COMPANY297 09/15/2023 298757 1,820.00 08/23 BRIDGE GAMES & CLASSES 010.4424.5351 FIVE CITIES DUPLICATE BRIDGE298 09/15/2023 298758 50.00 PARK DEPOSIT REFUND-HERITAGE SQUARE 010.0000.2206 MELISSA GARCIA299 09/15/2023 298759 723.78 GIS SERVICES 010.4301.5303 GHD INC300 09/15/2023 298760 39.00 BUSINESS LICENSE REFUND-CENTRAL COAST BULLION 010.0000.4050 MARIA GONZALEZ301 09/15/2023 298761 1,500.00 CCB BROADCASTING SVCS 6/5/23 -1/3 OF COST 010.4002.5330 CITY OF GROVER BEACH302 09/15/2023 298762 1,327.13 04/23-06/23 CJIS SYSTEM ACCESS 010.4204.5606 GSA-INFORMATION TECH303 09/15/2023 298763 417.00 REFUND PPR23-0026 MAILING LABELS010.0000.4510 DR. SALLY HANSEN304 09/15/2023 298764 41.31 09/23 AETNA RESOURCES EAP-FCFA 010.0000.1111 HEALTH AND HUMAN RESOURCE CTR305 09/15/2023 298764 165.24 09/23 AETNA RESOURCES-EAP 010.4145.5147 HEALTH AND HUMAN RESOURCE CTR306 09/15/2023 298765 845.39 CONTRACT SVCS-1ST QTR SALES TAX 010.4120.5303 HINDERLITER, DE LLAMAS & ASSOC307 09/15/2023 298765 416.38 CONTRACT SVCS-1ST QTR SALES TAX 218.4101.5303 HINDERLITER, DE LLAMAS & ASSOC308 09/15/2023 298765 132.14 AUDIT SVCS-SALES TAX 07/23-09/23 010.4120.5303 HINDERLITER, DE LLAMAS & ASSOC309 09/15/2023 298766 30,943.07 6883 GALL GASOLINE 010.0000.1202 JB DEWAR, INC310 09/15/2023 298767 231,783.09 2022 STREET REPAIRS CONSTRUCTION CONTRACT 350.5638.7001 JJ FISHER CONSTRUCTION, INC.311 09/15/2023 298768 105.70 08/23 LINE DANCING010.4424.5351KAYLYN KELLER312 09/15/2023 298769 636.08 (10) 5 GALL FIELD MARKING PAINT 010.4430.5274 KELLY-MOORE PAINTSPage 16 of 226
CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name313 09/15/2023 298770 $ 344.27 RED GREASE, GRINDING DISC, CUTTERS010.4305.5255 KIMBALL MIDWEST(DBA)314 09/15/2023 298771 45.00 BASKETBALL SCORER- 3 GAMES X $15 010.4424.5352 JHADE LA PAZ315 09/15/2023 298772 819.00 08/23 ART CAMPS 010.4424.5351 LYNNE LANE316 09/15/2023 298773 340.00 08/06 PICKLEBALL CLINIC 010.4424.5351 PRINCESS LEONG317 09/15/2023 298774 56.00 07/23 FACILITY USAGE-PAULDING 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST318 09/15/2023 298774 142.50 07/23 CIM SUMMER CAMP ROOM USE 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST319 09/15/2023 298774 1,237.50 07/23 OCC FACILITY USAGE-BASKETBALL 010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST320 09/15/2023 298775 1,267.70 08/23 ZUMBA & BARRE 010.4424.5351 HEIDY MANGIARDI321 09/15/2023 298776 28.00 SOTO- 50:1 FUEL 220.4303.5603 MINER'S ACE HARDWARE, INC322 09/15/2023 298776 49.54 GAS CAN & SPOUT 010.4420.5603 MINER'S ACE HARDWARE, INC323 09/15/2023 298776 193.92 (3) AQUAPHALT ASPHALT PATCH 220.4303.5613 MINER'S ACE HARDWARE, INC324 09/15/2023 298776 33.38 RECIP BLADES, ADHESIVE 220.4303.5613 MINER'S ACE HARDWARE, INC325 09/15/2023 298776 10.78 SPRAYPAINT220.4303.5613 MINER'S ACE HARDWARE, INC326 09/15/2023 298776 66.77 CHAINSAW CHAINS & BAR OIL 010.4430.5603 MINER'S ACE HARDWARE, INC327 09/15/2023 298776 21.53 MARKING PAINT 350.5638.7201 MINER'S ACE HARDWARE, INC328 09/15/2023 298777 140.00 REFUND-ROLLER SKATING LESS ADMIN FEE 010.0000.4605 STEPHANIE MUSKRAT329 09/15/2023 298778 7,000.00 2022-23 CSGP 010.4001.5395 NATURETRACK FOUNDATION INC330 09/15/2023 298779 513.60 08/23 YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON331 09/15/2023 298780 670.92 SOTO-TELESCOPING GRIP SAW 010.4430.5255 NOBLE SAW, INC332 09/15/2023 298781 157.82 COPY PAPER 010.4102.5201 ODP BUSINESS SOLUTIONS LLC333 09/15/2023 298781 82.59 OFFICE SUPPLIES 010.4120.5201 ODP BUSINESS SOLUTIONS LLC334 09/15/2023 298782 176.19 MAINT AGREEMENT-METER READ 7/2 010.4204.5602 OFFICE1335 09/15/2023 298783 14.58 ELECTRIC-484 BAKEMAN 219.4460.5304 PACIFIC GAS & ELECTRIC CO336 09/15/2023 298784 276.00 08/23 K-RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA337 09/15/2023 298785 32.00 08/06/23 PICKLEBALL FITNESS & INJURY 010.4424.5351 PHASE PHYSICAL THERAPY & WELLNESS, P.C.338 09/15/2023 298786 200.00 07/23 PARKING CITATION PROCESS 010.4204.5303 PHOENIX GROUP339 09/15/2023 298787 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 CHLOE PIRMAN340 09/15/2023 298788 1,276.59 COMM ENGAGEMENT-PLASTIC BADGES 010.4201.5504 PROMOTIONAL CONCEPTS341 09/15/2023 298790 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY342 09/15/2023 298790 54.26 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY343 09/15/2023 298790 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY344 09/15/2023 298790 24.13 CITY HALL MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY345 09/15/2023 298790 45.63 WOMENS CLUB MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY346 09/15/2023 298790 27.63 PD MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY347 09/15/2023 298790 29.88 REC DEPT MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY348 09/15/2023 298790 45.63 WOMENS CLUB MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY349 09/15/2023 298790 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY350 09/15/2023 298790 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY351 09/15/2023 298790 34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLYPage 17 of 226
CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name352 09/15/2023 298790 $ 24.13 CITY HALL MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY353 09/15/2023 298790 45.63 WOMENS CLUB MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY354 09/15/2023 298790 27.63 PD MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY355 09/15/2023 298790 29.88 REC DEPT MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY356 09/15/2023 298790 54.26 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY357 09/15/2023 298790 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY358 09/15/2023 298790 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY359 09/15/2023 298790 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY360 09/15/2023 298790 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY361 09/15/2023 298790 44.63 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY362 09/15/2023 298790 24.13 CITY HALL MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY363 09/15/2023 298790 34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY364 09/15/2023 298790 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY365 09/15/2023 298790 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY366 09/15/2023 298790 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY367 09/15/2023 298790 27.63 PD MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY368 09/15/2023 298790 22.22 SOTO SPORTS COMPLEX UNFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY369 09/15/2023 298790 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY370 09/15/2023 298790 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY371 09/15/2023 298790 29.88 REC DEPT MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY372 09/15/2023 298790 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY373 09/15/2023 298790 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY374 09/15/2023 298790 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY375 09/15/2023 298790 15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY376 09/15/2023 298790 15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY377 09/15/2023 298790 34.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY378 09/15/2023 298790 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY379 09/15/2023 298790 34.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY380 09/15/2023 298790 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY381 09/15/2023 298790 427.72 11 POLO SHIRTS 010.4420.5255 PRUDENTIAL OVERALL SUPPLY382 09/15/2023 298790 427.73 11 POLO SHIRTS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY383 09/15/2023 298791 485.00 PW15 ANNUAL INSPECTION 220.4303.5601 R A BATCHELOR CO.384 09/15/2023 298792 15.00 07/23 REVERSE OSMOSIS RENTAL 010.4201.5303 RICHETTI COMPLETE WATER385 09/15/2023 298793 50.00 PARK DEPOSIT REFUND-ELM ST PARK 010.0000.2206 EMMANUEL ROMERO386 09/15/2023 298794 1,100.00 09/17 SUMMER CONCERT SERIES BAND 010.4421.5504 REBECCA ROUDMAN387 09/15/2023 298795 7,200.00 JULY 2023 THRU DEC 2023 MONTHLY STREET SWEEPING 220.4303.5303 SCA388 09/15/2023 298795 2,700.00 JULY 2023 THRU DEC 2023 MONTHLY STREET SWEEPING 010.4307.5303 SCA389 09/15/2023 298796 44.50 07/23 PARKING CITATION REV DIST 010.0000.4203 SLO COUNTY AUDITOR-CONTROLLER390 09/15/2023 298797 69.18 GAS SERVICES-1375 ASH ST 010.4145.5401 SOCALGASPage 18 of 226
CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name391 09/15/2023 298797 $ 15.78 GAS SERVICES-350 S ELM ST 010.4145.5401 SOCALGAS392 09/15/2023 298797 18.35 GAS SERVICES-200 N HALCYON 010.4145.5401 SOCALGAS393 09/15/2023 298798 107.10 CC PH CUP CORBETT CREEK FLOODPLAIN 010.4002.5301 THE MCCLATCHY COMPANY LLC394 09/15/2023 298798 63.75 CC ORD SUMMARY-EMERGENCY SHELTER 010.4002.5301 THE MCCLATCHY COMPANY LLC395 09/15/2023 298798 107.10 PC PH CUP 951 E GRAND AVE 010.4130.5301 THE MCCLATCHY COMPANY LLC396 09/15/2023 298798 850.00 BID NOTICE-TALLY HO FRONTAGE IMPROVEMENTS 350.5610.7001 THE MCCLATCHY COMPANY LLC397 09/15/2023 298798 107.00 PC PH TURF LIMITATIONS 010.4130.5301 THE MCCLATCHY COMPANY LLC398 09/15/2023 298798 39.10 ORD 722 SUMMARY-EMERGENCY SHEL 010.4002.5301 THE MCCLATCHY COMPANY LLC399 09/15/2023 298799 12,438.40 ENTERPRISE ERP FINANCIAL MGMT IMPLEMENTATION 350.5453.7301 TYLER TECHNOLOGIES INC400 09/15/2023 298800 928.28 PAYROLL FOR: PARKS SUPPORT STAFF 010.4420.5303 UNITED STAFFING ASSOC.401 09/15/2023 298801 1,750.00 SUCCESSOR AGENCY PROF SVCS 286.4103.5303 URBAN FUTURES, INC402 09/15/2023 298802 105.75 ACCT#208620661-00004 REC CELL 010.4425.5255 VERIZON WIRELESS403 09/15/2023 298802 70.63 ACCT#808089883-00003-REC CELL 010.4425.5255 VERIZON WIRELESS404 09/15/2023 298802 864.80 ACCT#208620661-00002-PD CELL 010.4201.5403 VERIZON WIRELESS405 09/15/2023 298803 4,375.00 ADU BLDG CODE UPDATE 010.4130.5303 WORKBENCH406 09/15/2023 298804 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 LAUREN YOUNG407 09/15/2023 298805 1,190.00 08/23 SOCCER & BASKETBALL CAMP010.4424.5351 YOUTH EVOLUTION BASKETBALL408 09/15/2023 298805 3,906.00 SOCCER & BASKETBALL-SUMMER SESSION010.4424.5351 YOUTH EVOLUTION BASKETBALL409 09/15/2023 298806 4,682.69 10/23 RETIREE MEDICAL 010.4099.5136 ICMA RETIREMENT CORP410 09/15/2023 298806 602.12 10/23 RETIREE MEDICAL-FCFA 010.0000.1111 ICMA RETIREMENT CORP411 09/15/2023 298806 358.87 10/23 RETIREE MEDICAL 220.4303.5136 ICMA RETIREMENT CORP $ 1,021,057.28 Page 19 of 226
.
General Fund 383,677.58 5101 Salaries Full time 234,072.09
Streets Fund 20,859.82 5101 Volunteer Employee Retirement -
Sewer Fund 10,442.34 5102 Salaries Part-Time - PPT 6,980.78
Water Fund 26,373.20 5103 Salaries Part-Time - TPT 10,759.97
441,352.94 5105 Salaries OverTime 23,877.74
5106 Salaries Strike Team OT -
5107 Salaries Standby 4,762.01
5108 Holiday Pay 6,843.23
5109 Sick Pay 3,620.94
Administrative Services - 5110 Annual Leave Buyback -
Information Services - 5111 Vacation Buyback -
Community Development - 5112 Sick Leave Buyback -
Police 21,161.90 5113 Vacation Pay 10,267.09
Public Works - Maintenance 1,396.10 5114 Comp Pay 6,009.39
Public Works - Enterprise 1,319.74 5115 Annual Leave Pay 14,388.39
Recreation - Administration - 5116 Salaries - Police FTO 15.45
Recreation - Special Events - 5121 PERS Retirement 36,606.04
Children In Motion - 5122 Social Security 23,568.30
23,877.74 5123 PARS Retirement 190.62
5126 State Disability Ins.950.80
5127 Deferred Compensation 700.00
5131 Health Insurance 50,753.61
5132 Dental Insurance 2,988.96
5133 Vision Insurance 827.30
5134 Life Insurance 386.21
5135 Long Term Disability 596.94
5137 Leave Payouts -
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 637.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 247.08
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 1,152.50
441,352.94
OVERTIME BY DEPARTMENT:
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
08/18/2023 - 08/31/2023
9/8/2023
BY FUND BY ACCOUNT
ATTACHMENT 2
Page 20 of 226
Item 9.b.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director
BY: Lynda Horejsi, Accounting Manager
SUBJECT: Consideration of Statement of Investment Deposits
DATE: October 10, 2023
SUMMARY OF ACTION:
Presentation of the City’s investment deposits as of August 31, 2023.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no funding impact to the City related to these reports. However, the City does
receive interest revenue based on the interest rate of the investments. Little to no future
staff time is projected.
RECOMMENDATION:
1) Receive and file the attached report listing investment deposits of the City of Arroyo
Grande as of August 31, 2023, as required by Government Code Section 53646(b); 2)
Determine that receiving the report of investment deposits is not a project subject to the
California Environmental Quality Act (“CEQA”) because it has no potential to result in
either a direct, or reasonably foreseeable indirect, physical change in the environment.
(State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
BACKGROUND:
The Administrative Services department has historically submitted to the City Council a
monthly report, providing the following information:
1. Type of investment.
2. Financial institution (bank, savings and loan, broker, etc).
3. Date of maturity.
4. Principal amount.
5. Rate of interest.
6. Current market value for all securities having a maturity of more than 12 months.
7. Relationship of the monthly report to the annual statement of investment policy.
Page 21 of 226
City Council
Consideration of Statement of Investment Deposits
October 10, 2023
Page 2
Item 9.b.
ANALYSIS OF ISSUES:
This report represents the City’s investments as of August 31, 2023. It includes all
investments managed by the City, the investment institution, investment type, book value,
maturity date, and rate of interest. As of August 31, 2023, the investment portfolio was in
compliance with all State laws and the City’s investment policy.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendation to receive and file the attached report listing the
investment deposits;
2. Do not approve staff’s recommendation; or
3. Provide other direction to staff.
ADVANTAGES:
Safety of principal is the foremost objective of the City. Investments are undertaken in a
manner that seeks to ensure the preservation of capital in the overall portfolio .
DISADVANTAGES:
Some level of risk is present in any investment transaction. Losses could be incurred due
to market price changes, technical cash flow complications such as the need to withdraw
a non-negotiable Time Certificate of Deposit early, or even the default of an issuer. To
minimize such risks, diversifications of the investment portfolio by institution and by
investment instruments are being used as much as is practical and prudent.
ENVIRONMENTAL REVIEW:
The Statement of Investment Deposits is not a project subject to the Californi a
Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct,
or reasonably foreseeable indirect, physical change in the environment. (State CEQA
Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)”
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Portfolio Summary: August 31, 2023
Page 22 of 226
ATTACHMENT 1300 E. Branch St.Arroyo Grande, CA 93420Phone: (805) 473-5400CITY OF ARROYO GRANDEPortfolio SummaryAugust 31, 2023Investments Principal ValueCurrent Market Value Interest Rate Date of PurchaseTerm Maturity Date% of PortfolioLocal Agency Investment Fund15,490,065.27$ 15,490,065.27$ 3.434% 48.542%Certificates of DepositPacific Premier Bank 249,000.00 249,000.00 0.100% February 21, 2023 12 mos February 21, 2024 0.780%Merrick Bank 249,000.00 249,000.00 1.800% October 16, 2019 48 mos October 16, 2023 0.780%BMW Bank North America 249,000.00 249,000.00 0.500% July 16, 2021 36 mos July 16, 2024 0.780%Mountain America Federal Credit Union 249,000.00 249,000.00 4.750% October 14, 2022 24 mos October 15, 2024 0.780%Enerbank USA 247,000.00 247,000.00 1.850% October 25, 2019 60 mos October 25, 2024 0.774%Wells Fargo Bank 249,000.00 249,000.00 4.600% October 28, 2022 24 mos October 28, 2024 0.780%Beal Bk Plano TX 247,000.00 247,000.00 1.350% March 26, 2022 36 mos March 26, 2025 0.774%Beal Bk Las Vegas NV 247,000.00 247,000.00 1.250% March 26, 2022 36 mos March 26, 2025 0.774%First Technology Federal 248,000.00 248,000.00 5.000% April 14, 2023 24 mos April 14, 2025 0.778%Flagstar Bank 245,000.00 245,000.00 0.850% May 15, 2020 60 mos May 15, 2025 0.768%American Express National Bank 246,000.00 246,000.00 3.100% May 25, 2022 36 mos May 25, 2025 0.771%New York Community Bank 249,000.00 249,000.00 0.550% July 1, 2021 48 mos July 1, 2025 0.780%Chief Financial Federal Credit Union 249,000.00 249,000.00 4.600% October 12, 2022 36 mos October 14, 2025 0.780%Live Oak Bank 249,000.00 249,000.00 3.150% May 25, 2022 48 mos May 26, 2026 0.780%UBS Bank USA 249,000.00 249,000.00 0.900% July 21, 2021 60 mos July 21, 2026 0.780%Toyota Financial Savings Bank 248,000.00 248,000.00 0.950% July 22, 2021 60 mos July 22, 2026 0.778%Bank United NA 249,000.00 249,000.00 1.350% December 8, 2021 60 mos December 8, 2026 0.780%Capital One Bank USA 248,000.00 248,000.00 1.250% December 8, 2021 60 mos December 8, 2026 0.778%Discover Bank 246,000.00 246,000.00 3.200% May 18, 2022 60 mos May 19, 2027 0.771%Morgan Stanley Bank 244,000.00 244,000.00 4.650% April 6, 2023 60 mos April 6, 2028 0.765%Maine Savings Federal Credit Union 249,000.00 249,000.00 4.800% July 21, 2023 60 mos July 21, 2028 0.780%Morgan Stanley Bank 248,000.00 248,000.00 5.250% July 28, 2023 60 mos July 28, 2028 0.778%Total Certificates of Deposit5,453,000.00 5,453,000.00 17.089%Agency BondsFederal Farm Credit Bank 2,500,000.00 2,482,439.50 1.600% November 1, 2019 48 mos November 1, 2023 7.834%Federal Farm Credit Bank 1,999,314.00 1,929,234.64 0.350% December 4, 2020 42 mos May 16, 2024 6.265%Federal Home Loan Bank 499,252.43 496,585.57 1.000% July 19, 2022 29 mos December 20, 2024 1.565%Federal Farm Credit Bank 998,431.00 930,716.36 0.430% March 17, 2021 48 mos March 3, 2025 3.129%Federal Natl Mortgage Assn 1,000,000.00 911,024.73 0.500% October 20, 2020 60 mos October 20, 2025 3.134%Federal Home Loan Bank 999,500.00 903,751.73 0.800% March 17, 2021 60 mos March 10, 2026 3.132%Federal Home Loan Bank 994,396.00 918,387.17 2.400% March 17, 2021 72 mos March 29, 2027 3.116%Federal Home Loan Bank 500,000.00 472,918.24 3.375% May 17, 2022 60 mos May 17, 2027 1.567%Total Agency Bonds9,490,893.43 9,045,057.94 29.742%Page 23 of 226
ATTACHMENT 1300 E. Branch St.Arroyo Grande, CA 93420Phone: (805) 473-5400CITY OF ARROYO GRANDEPortfolio SummaryAugust 31, 2023Investments Principal ValueCurrent Market Value Interest Rate Date of PurchaseTerm Maturity Date% of PortfolioMunicipal BondsCalifornia State GO Various Purp Bond 491,810.00$ 470,240.00$ 3.100% May 12, 2022 47 mos April 1, 2026 1.541%Total Municipal Bonds491,810.00 470,240.00 1.541%Treasury ObligationsU.S. Treasury Z-2026 Series 984,728.00 901,015.62 1.100% December 6, 2021 53 mos May 31, 2026 3.086%Total Treasury Obligations984,728.00 901,015.62 3.086%TOTAL INVESTMENTS31,910,496.70$ 31,359,378.83$ 100.000%Page 24 of 226
Item 9.c.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director
BY: Aleah Bergam, Management Analyst
SUBJECT: Consider Adoption of an Ordinance Updating Chapter 3.08 of the
City’s Municipal Code Related to Purchasing
DATE: October 10, 2023
SUMMARY OF ACTION:
Adoption of an Ordinance amending the Arroyo Grande Municipal Code (AGMC) Chapter
3.08 of Title 3 related to updating the City’s Purchasing System.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no financial impact associated with the recommended action.
All future purchases will need to follow the updated Ordinance and Purchasing Policies
and Procedures Manual, as well as be within the Council approved appropriated funds.
RECOMMENDATION:
1) Adopt an Ordinance of the City Council of Arroyo Grande, Amending Arroyo Grande
Municipal Code Chapter 3.08 of Title 3 to Update the City’s Purchasing System ; 2)
Determine that ratifying the Ordinance Adoption 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 CEQ A
Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
BACKGROUND:
On September 26, 2023, the City Council introduced an Ordinance to amend sections of
the AGMC related to updating the City’s Purchasing System. The City Council also
approved a resolution designating dollar thresholds for awarding contracts and reviewed
a draft of the updated Purchasing Policies and Procedures Manual.
ANALYSIS OF ISSUES:
The Ordinance is now ready for adoption. The Ordinance will become effective thirty days
after final passage of the Ordinance.
Page 25 of 226
Item 9.c.
City Council
Consider Adoption of an Ordinance Updating Chapter 3.08 of the City’s Municipal
Code Related to Purchasing
October 10, 2023
Page 2
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Ordinance as proposed;
2. Modify and reintroduce the Ordinance and direct that adoption of the Ordinance
occur at a future meeting; or
3. Provide other direction to staff.
ADVANTAGES:
The proposed changes align the City’s policies and procedures with best procurement
practices, incorporate necessary provisions due to changes in state and federal laws,
clarify roles and responsibilities, and facilitate administrative efficiency.
DISADVANTAGES:
There are no disadvantages identified.
ENVIRONMENTAL REVIEW:
Adopting an Ordinance is not a project subject to the California Environmental Quality Act
(“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable
indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd.
(b)(2)-(3), 15378.).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Ordinance
Page 26 of 226
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF ARROYO GRANDE, CALIFORNIA,
AMENDING CHAPTER 3.08 OF THE CITY OF ARROYO
GRANDE MUNICIPAL CODE RELATING TO
PURCHASING
WHEREAS, the City of Arroyo Grande (“City”) is a municipal corporation organized
under the laws of the State of California; and
WHEREAS, the City is dedicated to operating efficiently, effectively and
streamlining operations where possible; and
WHEREAS, the City’s current purchasing system is outlined in Chapter 3.08 of the
City of Arroyo Grande Municipal Code; and
WHEREAS, the last comprehensive purchasing policy update was in March 2000;
and
WHEREAS, the City’s Administrative Services Division has conducted a review of
the City’s purchasing system and has identified areas of improve ment; and
WHEREAS, as part of this purchasing system overhaul includes an increase in
spending authority for the City Manager, allowing the City Manager to enter into
agreements up to a value of $100,000; and
WHEREAS, this increased flexibility will allow the City to more quickly respond to
needs and increase the level of services provided.
THE MAYOR AND CITY COUNCIL OF THE CITY OF ARROYO GRANDE DO
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Amendment of Chapter 3.08. Chapter 3.08 of Title 3 of the Arroyo
Grande Municipal Code is hereby amended in its entirety to read as follows:
Page 27 of 226
ORDINANCE NO.
PAGE 2
Chapter 3.08
PURCHASING SYSTEM
Sections:
3.08.010 Adoption of Purchasing System and Applicability
3.08.020 Purchasing Policy and Implementing Procedures
3.08.030 Definitions
3.08.040 Purchasing Compliance Oversight
3.08.050 Purchasing Responsibilities of Department Heads
3.08.060 Contract Award Authority and Delegation of Contract Award
Authority
3.08.070 Solicitation Procedures for Goods and Services
3.08.080 Solicitation Procedures for Public Projects
3.08.090 Purchasing of Paper Products; Procurement of Recovered
Organic Waste Products
3.08.100 Encumbrance of Funds
3.08.110 Federal or State Funding
3.08.120 Disposition of Surplus Personal Property
3.08.130 Ethics
3.08.140 Protests
3.08.010 Adoption of purchasing system and applicability.
A. This chapter adopts a purchasing system to facilitate the purchase of goods and
services at the lowest cost commensurate with the quality needed; to exercise
positive financial control over purchases; to define the authority for the
purchasing function; to assure that consultant selection is based on
demonstrated competence, when required; and to safeguard the quality and
integrity of the purchasing system.
B. This chapter is applicable to all city purchases as defined herein.
3.08.020 Purchasing policy and implementing procedures.
The purchasing systems established by this chapter incorporates a purchasing policy
that governs the purchase of goods and services, including public projects. Such
purchases shall be made in compliance with the provisions of this chapter. For
operational efficiency and effectiveness, the city manager may adopt and subsequently
revise administrative procedures to implement the provisions of this chapter unless
approval by the City Council is required as a condition of the law or regulation . In the
event of a conflict between the administrative procedures and the provisions of this
chapter, the provisions of this chapter shall govern.
3.08.030 Definitions
For purposes of this chapter, the following definitions shall apply:
“Best value procurement” refers to a competitive solicitation process that evaluates
responsive proposals submitted by responsible offerors based on qualitative factors in
addition to pricing.
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ORDINANCE NO.
PAGE 3
“Bids” refers to submittals received in response to a competitive solicitation that seeks
to award a contract based on the lowest responsive bid submitted by a responsible
offeror.
“Competitive solicitation” is a written statement that sets forth the requirements and
specifications of a required purchase that can include an invitation to bid, request for
proposals, request for statement of qualifications, request for quotations, or other
acceptable methods in compliance with this chapter and the implementing
administrative procedures. Depending on the estimated dollar value, competitive
solicitations may be informal or formal as further defined in sections 3.08.070 and
3.08.080 of this chapter.
“Contract” means an agreement, regardless of what it may be labeled, between the city
and one or more other parties for the purchase or disposition of goods and/or services.
“Goods” refers to needed commodity goods, equipment, materials, or supplies,
including items to be purchased by the city and furnished to contractors for use in public
projects.
“Lowest bid” refers to the lowest responsive bid submitted by a responsible bidder that
conforms to the requirements and specifications of a competitive bid solicitation.
“Maintenance and repair services (general services)” means routine, recurring, and
usual services intended to preserve and/or restore a public work to a clean, safe,
efficient and/or continually usable condition. Maintenance and repair services may
include, but are not limited to: carpentry, electrical, painting, plumbing, glazing and other
craftwork to preserve a facility in the condition for which it was intended; repairs,
cleaning and other operations on machinery and other equipment permanently attached
to a facility as fixtures; the mowing, pruning, and trimming of lawns, grass, trees,
shrubs, bushes and hedges; and the regular removal or relocation of by-products or
waste products accumulated at city facilities as the result of ongoing environmental
processes.
“Professional services” means the services of attorneys, physicians, architects,
engineers, consultants, financial experts, auditors, specialized printers, or other
individuals or organizations possessing a high degree of professional, unique,
specialized, or technical skill or expertise.
“Offeror” refers to an individual or entity that responds to a bid or proposal or other
solicitation with an offer to provide the requested goods and/or services (may also be
referred to as “bidders” or “proposers”).
“Proposals” refers to responsive submittals received in response to a best value
procurement where a contract can be awarded based on factors in addition to price.
“Public projects” means a public works construction project as defined in Public
Contract Code Section 22002.
Page 29 of 226
ORDINANCE NO.
PAGE 4
“Responsible bidder” is a bidder determined to have the ability, capacity, experience,
performance track record, and skill to provide the goods and/or services in accordance
with bid or proposal specifications.
“Responsive bidder” means a bidder that has submitted a bid or proposal which
conforms in all material respects to the requirements of the bid or proposal documents.
“Surplus personal property” means goods owned by the city that are no longer needed
or are obsolete or unserviceable, property that is a by-product (scrap metal, used tires,
etc.), or any unclaimed, seized or abandoned personal property in the possession or
custody of the police department that may be legally disposed of by the city.
3.08.040 Purchasing compliance oversight.
The city manager, or their designee, shall be responsible for overseeing and facilitating
compliance with this chapter and the purchasing policy. This responsibility includes:
A. Staying informed of current developments in the field of purchasing;
B. Prescribing and maintaining such forms as are reasonably necessary to the
operation of this chapter and the purchasing policy;
C. Recommending updates to this chapter and making revisions to the purchasing
administrative procedures, as needed;
D. Maintaining purchasing records and tracking citywide expenditures;
E. Coordinating the purchase of goods that will be used by multiple city departments
where feasible and practical; and
F. Disposing of surplus personal property as prescribed herein.
3.08.050 Purchasing responsibilities of department heads.
Each department head shall be responsible for ensuring that all purchases by or for
their department are made in compliance with this chapter and the purchasing policy,
including but not limited to compliance with the following requirements:
A. Preparing solicitation materials, as needed, for each purchase;
B. Preparing good faith estimates of the cost of each purchase to determine the
appropriate solicitation procedure;
C. Ensuring that the proper solicitation procedure is followed based on the
estimated cost of the purchase (informal, formal, etc.);
D. Ensuring that bids or proposals are submitted by responsible offerors
(contractors, consultants, and/or vendors) whose submittals are responsive to
the requirements set forth in a competitive solicitation.
Page 30 of 226
ORDINANCE NO.
PAGE 5
E. Evaluating submitted bids or proposals in accordance with established selection
criteria and processes;
F. Ensuring that the purchase contract is approved and executed by a person or
body with sufficient approval authority based on the dollar am ount of the
purchase;
G. Ensuring that sufficient funds are appropriated to pay for the purchase;
H. Ensuring that the selected offeror has provided insurance certificates and bonds
meeting the requirements of the purchase contract, as applicable, before work
under the contact begins, and ensuring that such insurance and bonds are
renewed, as applicable, during the term of the agreement;
I. Ensuring that the selected offeror has obtained a business license, as required
by the municipal code, prior to beginning work and ensuring that such license is
renewed, as applicable, during the term of the agreement;
J. Inspecting supplies and equipment delivered to determine their conformance with
the specifications set forth in the order;
K. Monitoring the performance of selected offerors under approved contracts to
ensure compliance with contract requirements;
L. Recommending and preparing contract amendments and change orders as
needed, and ensuring that such amendments and change orders are approved
and executed by a person or body with sufficient approval authority based on the
dollar amount of the amendment or change order, and that sufficient funds are
appropriated to pay for the amendment or change order;
M. Ensuring that due diligence is performed before determining that a purchase
should only be made from a single offeror, and ensuring that decisions to forego
a competitive purchase process are properly documented and submitted for
approval by the city manager or designee, or the city council, in accordance with
this chapter;
N. Taking reasonable and necessary steps to avoid conflicts of interest in the
purchasing process;
O. Keeping sufficient records of all departmental contracts and expenditures, and
ensuring that such records are properly stored and filed in accordance with city
recordkeeping procedures;
P. Submitting reports to the city manager or designee showing all departmental
supplies and equipment that are no longer used or have become obsolete or
worn out so that the city manager or designee can determine the appropriate
steps to sell, exchange, or trade in such surplus supplies and equipment, if
desired; and
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ORDINANCE NO.
PAGE 6
Q. Transferring surplus or unused goods between departments as needed, or
selling, exchanging, trading in, or donating surplus goods to interested private or
public agencies or vendors as prescribed in this chapter, with appropriate
findings pursuant to any applicable authority or limitation on the City.
3.08.060 Contract award authority and delegation of contract award authority.
A. The authority to award contracts that legally bind the city to a purchase shall be
vested in the city council, unless such authority is delegated to the city manager
as prescribed herein and in the associated administrative procedures.
B. Contract award authority delegated by the city council to the city manager may
be further delegated by the city manager to department heads as necessary for
operational efficiency and effectiveness. Delegation shall be in writing and kept
on file with the city clerk. This provision shall not apply to delegation from the city
council to the city manager as specified in C.3 in this section.
C. Dollar thresholds for awarding contracts shall be established by resolution of the
city council, in accordance with the following level designations:
1. First Level Contracts. First level contracts may be awarded by the city
manager, or department heads who have been delegated contract award
authority in accordance with this section.
2. Second Level Contracts. Second level contracts may be awarded by the
city manager. Nothing in this section shall preclude the city manager from
requesting city council approval for second level contracts if deemed to be
in the best interest of the city.
3. Third Level Contracts. Third level contracts shall be awarded by the city
council, unless such authority is delegated to the city manager for a
specific purpose.
D. All purchase contracts and amendments thereto re quired by this chapter shall be
approved by the appropriate award authority.
E. Amendments to contracts. For the purposes of subsections B and C of this
section, “amendments” means any amendment, modification, annual renewal not
previously authorized, or change order that results in an increase to the total
amount of money that may be spent under a single contract. Approval authority
limits shall be based on the total contract amount, inclusive of amendments.
Modifications to the terms, conditions, or payment provisions, or material
changes to specifications or scopes of services, of an existing contract, shall
require a contract amendment. All contract amendments required by this chapter
must be in writing and no verbal contract modifications shall be held binding on
the city.
Page 32 of 226
ORDINANCE NO.
PAGE 7
F. Purchases of similar goods and/or services from a single vendor, contractor, or
consultant, which could reasonably be included in a single contract, shall not be
split into multiple contracts in order to avoid approval by the city council or the
city manager, as applicable.
3.08.070 Solicitation procedures for goods and services.
The following solicitation procedures shall govern the purchase of all purchases of
goods and services needed for city operations, excluding public projects (see 3.08.080).
A. Solicitation Procedures. Prior to making any purchase, the person or
department initiating the purchase shall make a reasonable and good faith
estimate of the anticipated cost of the purchase and then proceed with the
appropriate solicitation procedure below. If the proposals or bids received
exceed the cost threshold for the solicitation procedure used, a new solicitation
may be required if directed by the city manager.
Purchases shall not be split or separated into smaller orders for the purpose of
circumventing the solicitation or contract award requirements specified in this
chapter.
1. No solicitation required. Purchases of goods and services up to $5,000 do
not require a competitive solicitation and may be made following the
receipt of one price quote or proposal. However, as a matter of fiscal
prudence, nothing shall preclude the person initiating the purchase from
conducting price comparisons to ensure that the best overall value is
obtained.
2. Informal solicitation required. Purchases of goods and services with an
estimated cost between $5,001 and $50,000 shall be made following the
solicitation of at least three written price quotes or proposals, which may
be solicited using any means reasonably calculated to obtain a
combination of the lowest price and highest quality of goods or services
available, in the reasonable discretion of the reviewing authority.
a. The person or department initiating the purchase shall keep a
record of all such solicitations and the price quotes or proposals
submitted in response thereto.
b. If the person or department initiating the purchase is unable to
obtain three price quotes or proposals from responsive and
responsible bidders or proposers after making diligent efforts to do
so, the purchase may be made without obtaining three price quotes
or proposals, provided that the efforts made to obtain three quotes
or proposals shall be documented in the contract file for the
purchase and shall be presented to the city manager or designee
as part of the request for contract award and execution.
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ORDINANCE NO.
PAGE 8
c. Nothing in this subsection 2 shall preclude the city manager or a
department head from requiring a more formal means of
solicitation, such as that required by subsection 3 below.
3. Formal solicitation required. Purchases of goods and services with an
estimated cost greater than $50,000 shall be made following the posting of
an invitation to submit in writing a sealed bid or proposal.
a. Such written solicitations and offers or responses thereto shall be
established in the purchasing administrative procedures, or as set
forth within the published solicitation. Each solicitation shall
describe the purchase and establish product specifications and/or
required services and all other requirements, including the quantity
and quality thereof, any desired warranty, insurance, or bonds, the
time, place and manner of delivery of the purchases, the desired
terms of payment, and the form, method, and timing of the
response to the solicitation.
b. Such written solicitations shall be posted in at least one publicly
accessible location likely to reach the intended service provider,
supplier, or vendor. The first publication or posting of the
solicitation shall be at least ten days before the due date for
responses to the solicitation. The posting location may include the
city's website, an electronic bulletin board, a newspaper of general
circulation in the city, or a trade journal, magazine, or other
publication, whether in print or electronic.
c. Bids or proposals may also be directly solicited from individuals
and businesses if such individuals or businesses are known to be
capable of providing the item or service that is being solicited.
However, such direct solicitations shall be in addition to
solicitations made under subsection (A)(3)(b).
B. Bid or proposal evaluation.
1. The city may reject any or all bids or proposals in response to a city
solicitation in its sole discretion.
2. If no bids or proposals are received, the city may make the purchase by
any lawful reasonable and available means, notwithstanding the other
requirements of this chapter.
3. If two or more bids or proposals received are for the same total amount or
unit price, quality and service being equal, the contract may be awarded to
either bidder or proposer.
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ORDINANCE NO.
PAGE 9
4. Contracts for goods shall be awarded to the lowest responsive and
responsible vendor, where the goods offered are identical or nearly
identical. However, where the goods offered are not identical, the city may
consider the fitness and quality of the goods offered, in addition to price,
and may award the contract to the vendor that offers the best combination
of price and fitness and quality of goods.
5. Contracts for general services may be awarded to the lowest responsive
and responsible bidder if determined by the City Manager or designee to
be in the best interest of the City; otherwise, such contracts shall be
awarded in the manner specified in section 3.08.070.B.6 below.
6. Contracts for professional services shall be awarded on the basis of
demonstrated competence and the professional qualifications necessary
for the satisfactory performance of the services, offered at a fair and
reasonable price, as determined by a consideration of the following
criteria:
a. Whether the price is fair, reasonable, and competitive;
b. The quality of the services offered;
c. The demonstrated competence, ability, capacity, and skill of the
person or business to provide the services promptly, within the time
specified, within budget, and without delay or interference;
d. The credentials and licenses of the person or business, if required;
e. The character, integrity, reputation, judgment, training, experience,
and efficiency of the bidder or proposer;
f. The person's or business's knowledge of local conditions;
g. The person's or business's previous history of working on related
projects or issues for the city, where such previous experience will
allow the services to be performed more efficiently and will require
less time spent on preparation and background research;
h. The sufficiency of the bidder's or proposer's financial capacity and
other resources; and
i.
j. The ability of the bidder or proposer to provide such future service
as may be needed.
7. Local preference. Where two or more bidders or proposers are
reasonably comparable based on a consideration of the criteria in
subsection (B)(5), a preference may be given to a bidder or proposer that
Page 35 of 226
ORDINANCE NO.
PAGE 10
has a primary place of business located within the city. The city coun cil
finds that this preference serves the public purposes of supporting local
economic stability and of encouraging businesses to locate and remain in
the city of Arroyo Grande.
C. Exceptions. The solicitation procedures in this section shall not apply to
purchases that satisfy one or more of the following criteria:
1. No price advantage would be gained from a competitive solicitation
process, including but not limited to circumstances when goods or
services are unique and are only available from one source, also known
as a "sole source" contract. However, if the person or department initiating
the purchase proposes to forego a competitive solicitation process based
on this subsection (C)(1), a justification for the recommendation shall be
presented in writing to the city manager or designee, whose approval is
required to move forward with a recommendation for contract award to the
appropriate award authority.
2. When the purchase is based on a master agreement, cooperative
agreement, multiple award schedule, or other types of agreements
entered into by the state of California or the federal government.
Examples include, but are not limited to, California Multiple Award
Schedules (CMAS) and Federal General Services Administration (GSA)
contracts.
3. When the vendor or service-provider was awarded a contract by another
public agency; said agency used solicitation procedures substantially
similar to those that the city would have been required to use, , the vendor
or service-provider offers the same price(s) to the city that it offered to the
other agency; and the initial awarding public agency agrees to the
purchase.
a. This subsection 3 may include the use of for profit regional or
national purchasing cooperatives, provided that the city is a
registered member of the cooperative and a membership fee is not
required.
4. Where an emergency situation exists, as determined by the city manager
consistent with the process laid out by City’s Municipal Code, or where a
disaster has been declared by the city council, state or federal
government, such that the life, health or safety of employees or the
general public is at risk, or when significant harm may occur to city
property or operating systems and goods and/or services must be
procured immediately to prevent loss or substantial disruption of city
services or functions; provided that competitive bidding is not required by
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ORDINANCE NO.
PAGE 11
a state or federal reimbursing agency and is otherwise consistent with
State law.
5. When the contract award authority determines that bidding would be
impractical, inefficient, or otherwise not in the best interest of the city,
provided that contract file contains sufficient documentation to justify bid
impracticality.
6. When the purchase is for, or made in conjunction with, the following:
a. Insurance and bonds;
b. Public library collection materials or services for the provision of
public library collection materials or other books or periodicals;
c. Procurements funded by grants, donations or gifts when the
special conditions attached to the grants, donations or gifts require
the procurement of particular goods and/or services;
d. Goods and/or services obtained from or through agreement with
any governmental, public or quasi-public entity;
e. Works of art, entertainment or performance;
f. Surplus personal property owned by another governmental, public
or quasi-public entity;
g. Membership dues, conventions, training, and travel arrangements;
h. Advertisements in magazines, newspapers, or other media;
i. Goods procured for resale to the public.
The person responsible for conducting a procurement pursuant to this section shall
conduct negotiations, as appropriate, as to price, delivery and terms and may require
the submission of cost or pricing data in connection with the award of a contract which
does not require a competitive solicitation.
Notwithstanding the exception provisions listed above, n othing in this section shall
preclude the solicitation of competitive bids or proposals, when in the best interest of the
city or when required by law.
3.08.080 Solicitation procedures for public projects.
The following solicitation procedures shall govern the bidding and awarding of contracts
associated with public projects.
A. Uniform Public Construction Cost Accounting Act. The city has adopted the
Uniform Public Construction Cost Accounting Act (Public Contract Code Section
22000 et seq., as may be amended) (the "Act") and all expenditures for public
projects by the city shall be made in accordance with the Act.
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B. Solicitation Procedures. Prior to making any purchase, the person or department
initiating the purchase shall make a reasonable and good faith estimate of the
anticipated cost of the purchase and then proceed with the appropria te
solicitation procedure below. Purchases shall not be split or separated into
smaller orders for the purpose of circumventing the procedures hereunder.
1. No Competitive Bidding Required. Public projects with an estimated cost
of up to the maximum dollar amount stated in Public Contract Code
Section 22032(a), including any amendment thereto, may be performed by
city employees by force account or else may be awarded by negotiated
contract or by purchase order without competitive bidding.
2. Informal Bidding Required. Public projects with an estimated cost of up to
the maximum dollar amount stated in Public Contract Code Section
22032(b), including any amendment thereto, shall require either the
informal bidding procedures set forth in Section 3.08.080(C) or the formal
bidding procedures set forth in Section 3.08.080(D).
3. Formal Bidding Required. Public projects with an estimated cost of greater
than the maximum dollar amount stated in Public Contract Code Section
22032(c), including any amendment thereto, shall require the formal
bidding procedures set forth in Section 3.08.080(D).
C. Informal Bidding Procedures. The following procedures shall apply to informal
bids: A notice inviting bids shall be prepared, which describes the project in
general terms, explains how to obtain more detailed information about the
project, and states the time and place for the submission of bids. The notice shall
be mailed to all contractors for the category of work to be bid, as shown on the
list developed in accordance with Section 3.08.080(E), and to all construction
trade journals as specified by the California Uniform Public Construction Cost
Accounting Commission ("Commission"), in accordance with Public Contract
Code Section 22036, including any amendment thereto.
Notices sent to contractors on the contractors list shall be sent not less than ten
calendar days before bids are due and may be sent by mail, fax, or email.
Additional contractors and/or construction trade journals may be notified at the
discretion of the department soliciting bids, provided, however:
1. If there is no list of qualified contractors maintained by the city for the
particular category of work to be performed, the notice inviting bids shall
be sent only to the construction trade journals specified by the
Commission.
2. If the product or service is proprietary in nature such that it can be
obtained only from a certain contractor or contractors, the notice inviting
informal bids may be sent exclusively to such contractor or contractors.
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D. Formal Bidding Procedures. The following procedures shall apply to formal bids:
A notice inviting bids shall be prepared, which describes the project in general
terms, explains how to obtain more detailed information about the project, and
states the time and place for the submission of bids. The notice shall be
published at least fourteen calendar days before the date of opening the bids in a
newspaper of general circulation, printed and published in the city; or, if there is
no newspaper printed and published in the city, in a ne wspaper of general
circulation which is circulated within the city; or, if there is no newspaper which is
circulated within the city, publication shall be by posting the notice in at least
three places within the city as have been designated by ordinance o r regulation
of the city as places for the posting of its notices.
The notice inviting formal bids shall also be sent electronically, if available, by
either fax or email and mailed to all construction trade journals specified by the
Commission pursuant to Public Contract Code Section 22036. The notice shall
be sent at least fifteen calendar days before the date of opening the bids. In
addition to notice required by this section, the city may give such other notice as
it deems proper.
E. Contractors List. The public works director or designee shall develop and
maintain a list of contractors in accordance with the provisions of Public Contract
Code Section 22034 and criteria promulgated from time to time by the
Commission.
F. Preparation and Adoption of Plans. In accordance with Public Contract Code
Section 22039, the city council, hereby delegates authority to the public works
director or his or her designee, to prepare and adopt plans, specifications, and
working details for all public projects with an estimated cost greater than the
maximum dollar amount stated in Public Contract Code Section 22032(c),
including any amendment thereto.
G. Award of Contract.
1. If a contract is awarded, it shall be awarded to the lowest responsive and
responsible bidder. If two or more bids are the same and the lowest, the
contract may be awarded to either bidder.
2. If the project was bid using informal bidding procedures, and all bids
received exceed the maximum dollar amount stated in Public Contract
Code Section 22032(c), including any amendment thereto, the city council
may, by a four-fifths vote, adopt a resolution awarding the contract to the
lowest responsive and responsible bidder if the amount of the contract
does not exceed the dollar threshold stated in Public Contract Code
Section 22034(d), including any amendment thereto, and it determines the
city's cost estimate for the project, upon which the decision to use informal
Page 39 of 226
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bidding procedures was based, was reasonable. Otherwise, the project
shall be re-bid following the formal bidding procedures.
3. In its discretion, the city may reject any or all bids, and may do any of the
following:
a. Abandon the project.
b. Re-advertise the bid in the manner described in this chapter.
c. By a four-fifths vote, the city council may declare by resolution that
the project can be performed more economically by city employees
and may have the project done by force account without further
complying with this chapter. Prior to rejecting all bids and declaring
that the project can be more economically performed by city
employees, the city shall furnish a written notice to an apparent low
bidder, informing the bidder of the city's intention to reject the bid.
Such written notice shall be mailed at least two business days prior
to the hearing at which the city intends to reject the bid.
4. If no bids are received through the formal or informal procedure, the
project may be performed by city employees by force account or by a
negotiated contract without further complying with this chapter.
H. Emergencies.
1. In cases of emergency when repair or replacements are necessary, the
city council may, by a four-fifths vote, proceed at once to replace or repair
any public facility, take any action required by that emergency, including
procure equipment, services, and supplies without giving notice for bids to
award contracts pursuant to Public Contract Code section 22050(a)(1).
2. Before taking any action the city council shall make a finding that the
emergency will not permit delay resulting from a competitive bid process,
and the action is necessary to respond to the emergency. Such findings
shall be based upon substantial evidence set forth in the minutes of its
meeting pursuant to Public Contract Code section 22050(2).
3. If the city council has ordered any emergency action, it shall review the
emergency action at its next regularly scheduled meeting. Until the action
is terminated the city council shall determine the need to continue such
action by a four-fifths vote at each meeting pursuant to Public Contract
Code section 22050(c)(1).
4. In case of an emergency, if notice for bids to award contracts will not be
given, the city shall comply with all requirements of Public Contract Code
section 22050.
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I. Exemptions. The bidding procedures for public projects required by this chapter
shall not apply when an exemption is provided by state or federal law.
3.08.090 Purchase of paper products; procurement of recovered organic waste
products.
Pursuant to relevant state law and Chapter 8.33 of the Arroyo Grande Municipal Code
(Mandatory Organic Waste Disposal Reduction), the city has adopted a Recovered
Organic Waste Product Procurement Policy. This policy requires all city departments
and divisions to incorporate environmental considerations including recycled-content
and recovered organic waste product use into purchasing practices and procedures. All
vendors providing paper products, printing and writing paper, and organic waste
products must comply with relevant state law and city requirements.
3.08.100 Encumbrance of funds.
Except in cases of emergency or in cases where specific authority has been first
obtained from the city manager, no purchase shall be made unless there exists a lawful
funding source and an unencumbered appropriation in the department, or in the fund
against which a purchase is to be charged.
3.08.110 Federal or state funding.
When a purchase of goods and/or services involves the expenditure of federal or state
funds, the procurement shall be conducted in accordance with mandatory applicable
federal or state regulations, and the chosen bidder or proposal shall be responsible for
compliance with all regulations and conditions. Such laws or regulations may be
incorporated in the purchasing administrative procedures, and periodically updated, as
required.
3.08.120 Disposition of surplus personal property.
A. Approval Authority and Disposition. The approval authority to dispose of surplus
personal property having salvage value shall be consistent with the first, second
and third level designations in Section 3.08.060 used to determine the
appropriate contract award authority. Such surplus property shall be disposed by
public auction, by competitive sealed bids, or by exchange or trade-in for new
goods. The sale or lease of surplus personal property to a governmental, public,
or quasi-public agency may be without advertisement for or receipt of bids.
B. Property with No Salvage Value. Surplus personal property with no salvage
value, as determined by the city manager or designee , shall be disposed of in a
manner that salvages recyclable components, if practical.
C. Unclaimed, Seized or Abandoned Property. The city manager or designee is
authorized to sell or dispose of all goods in the possession of the police
department which are unclaimed, seized and/or abandoned and may be legally
disposed of by the city.
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D. Records. Each department shall keep records which indicate surplus personal
property disposed of, the method of disposal, and the amounts recovered from its
disposal. Such records shall be available for public inspection and kept for a
period of time in compliance with state law and the city’s records retention
schedule.
E. Donations. Upon advance written approval of the city manager and appropriate
indemnification from liability as determined by the city attorney, surplus personal
property may be donated in “as-is” condition to governmental, public or quasi-
public agencies, charitable or non-profit organizations. Any such donation must
be in further of a legitimate public purpose with appropriate findings pursuant to
any applicable authority or limitation on the City.
F. Proceeds of Sale. Proceeds from the sale of surplus personal property shall be
deposited into the appropriate city fund.
3.08.130 Ethics.
A. Statement of policy. City employees and officials shall discharge their duties
impartially so as to assure fair competitive access to city procurement
opportunities by responsible contractors. Moreover, they shall conduct them-
selves in such a manner as to foster public confidence in the integrity of city
procurement activities.
B. Conflict of interest. No city employee or city official shall participate directly or
indirectly in a city procurement when the employee knows that:
1. The employee or official or any member of their immediate family has a
financial interest pertaining to the procurement; or
2. The employee or official or any member of their immediate family is
negotiating or has an employment arrangement which is contingent upon
or will be affected by the procurement.
3. Withdrawal from Participation. Upon discovery of an actual or potential
conflict of interest, an employee/official shall promptly withdraw from
further participation in the procurement.
4. Gratuities. No person shall offer, give or agree to give any city employee
or city official any gratuity or offer of employment in connection with a
procurement by the city. No city employee or city official shall solicit,
demand, accept or agree to accept from any other person a gratuity or an
offer of employment in connection with a procurement by the city.
C. In any instance in which a city employee or city official believes they meet the
criteria under Section 3.08.130(B) above, they shall promptly inform the City
Manager and City Attorney.
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3.08.140 Protests.
A. Effect of Failure to Protest. The procedures set forth in this section are
mandatory and are the sole and exclusive remedy of a bidder, proposer or other
vendor to dispute the award of a contract that the city solicits through a
competitive process. A protest that does not comply with these procedures may
be summarily rejected and the person submitting the protest shall be deemed to
have waived all rights to relief.
B. Protests of Solicitation Method. By submitting a bid, proposal or other application
for a contract award, the bidder, proposer or other vendor shall be deemed to
have waived all rights to challenge the city’s method for procuring the contract or
any discrepancy in the solicitation process or documents. Bidders, proposers, or
vendors may submit bids, proposals or other applications under protest. Protests
under this section shall be submitted in writing to the official designated to
receive the bid, proposal or other application and shall contain a full summary of
the factual and legal basis for the protest.
C. Protests of Award. A bidder, proposer or other vendor applying for a city contract
through a competitive process may submit a written protest of the award of the
contract. The protest shall identify and explain the factual and legal grounds for
the protest. Any grounds not raised in the written protest are deemed waived by
the protesting bidder.
D. Waiver. Any person that: (1) did not directly submit a bid or proposal; (2) is not
responsible or qualified to receive the contract; (3) failed to submit a responsive
bid or proposal; (4) is not in line to receive the contract or is otherwise ine ligible
to receive the contract; (5) is otherwise not beneficially interested in the award; or
(6) fails to submit a timely protest shall be deemed to have waived the right to
protest the award of the contract. Any protest deemed waived will be subject to
summary rejection without further consideration and the person will have no right
to any relief.
E. Timing of Protest of Award. Protests shall be submitted in writing to the official
designated to receive the bid, proposal or other application within the f ollowing
times:
1. If of another bidder, within five calendar days after the bid opening date.
2. If in response to a notice of intent to award a bid, proposal or other
application, then within five calendar days following the issuance of the
recommendation and prior to the date of the award.
3. If in response to a notice of intent to reject a bid, proposal or other
application, then within five calendar days following the issuance of the
notice of intent.
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F. City Response. If the protest is timely and complies with the above requirements,
the city shall review the protest, any response from the challenged bidder,
proposer or other vendor, and all other relevant information. The City will provide
a written decision to the protestor in a reasonable amount of time. If the protest is
in response to a recommendation of award to the City Council, then the protest
will be considered concurrently with the award of the contract, and the approval
authority’s action is final.
G. Conflicts. The protest procedures contained in this section shall not apply if a
particular solicitation contains a different protest procedure. This section does not
limit or eliminate a claimant’s obligations under the Government Claims Act,
Government Code Section 900 et seq.
SECTION 3. CEQA. The City Council determines that the Ordinance is categorically
exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000
et seq.). The whole of the Ordinance is exempt, because the code amendment is an
administrative activity which will not result in a direct or reasonably foreseeable indirect
physical change to the environment. (§ 15060(c)(2).) The whole of the Ordinance is also
exempt because the code amendment is not a “project” as defined by section 15378,
since it has no potential for resulting in a direct or indirect physical change to the
environment. (§ 15060(c)(3).) The City Council hereby directs City staff to file a Notice
of Exemption within five days of the adoption of this Ordinance.
SECTION 4. Within fifteen (15) days after passage of this Ordinance, it shall be
published once, together with the names of the Council Members voting thereon, in a
newspaper of general circulation within the City.
SECTION 4. This Ordinance shall take effect and be in full force and eff ect thirty (30)
days after its passage.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
Ordinance would be subsequently declared invalid or unconstitutional.
On motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Ordinance was passed and adopted this ___ day of ______, 2023.
Page 44 of 226
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PAGE 19
___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
___________________________________
ISAAC ROSEN, CITY ATTORNEY
Page 45 of 226
1
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
September 26, 2023, 5:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Council Member
George, Council Member Guthrie, Council
Member Secrest
Council Members Absent: Mayor Pro Tem Barneich
Staff Present: City Clerk Jessica Matson, City Attorney Isaac
Rosen, Interim City Manager Bill Robeson,
Administrative Services Director Nicole
Valentine, City Engineer Shannon Sweeney
This meeting was conducted in a hybrid in-person/virtual format.
CLOSED SESSION MEETING 5:00 P.M.
1.CALL TO ORDER
Mayor Ray Russom called the meeting to order at 5:00 p.m.
2.ROLL CALL
City Clerk Matson took roll call. At the time of roll call, Mayor Pro Tem Barneich was absent.
3.FLAG SALUTE
Mayor Ray Russom led the flag salute.
4.PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Ray Russom invited public comment. No comments were made.
5.CLOSED SESSION
City Attorney Rosen announced that the City Council will recess to a closed session for the following and will
report any reportable action at the City Council Regular meeting at 6:00 p.m.:
a)CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1
potential case.
The City Council adjourned to Closed Session at 5:01 p.m.
Item 9.d.Page 46 of 226
2
6.ADJOURNMENT
The City Council adjourned at 5:58 p.m.
REGULAR MEETING 6:00 P.M.
_____________________________________________________________________
1.CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:02 p.m.
2.ROLL CALL
City Clerk Matson took roll call. At the time of roll call Mayor Pro Tem Barneich was absent.
3.MOMENT OF REFLECTION
4.FLAG SALUTE
Mayor Ray Russom led the flag salute.
5.AGENDA REVIEW
5.a Closed Session Announcements
City Council Closed Session Meeting of September 26, 2023:
a)CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
1 potential case.
City Attorney Rosen announced that there was no reportable action.
5.b Ordinances read in title only
Moved by Mayor Ray Russom
Seconded by Council Member George
Move that all ordinances presented at the meeting shall be read by title only and all further
readings be waived.
Passed
6.SPECIAL PRESENTATIONS
6.a Honorary Proclamation Recognizing Domestic Violence Awareness Month
Mayor Ray Russom read the Honorary Proclamation Recognizing October as Domestic
Violence Awareness Month. Jatziba Sandoval, Lumina Alliance, accepted the proclamation.
Mayor Ray Russom invited public comment. No public comments were received.
Item 9.d.Page 47 of 226
3
No action was taken on this item.
6.b Honorary Proclamation Declaring Fire Prevention Week
Mayor Ray Russom read the Honorary Proclamation Declaring Fire Prevention Week. Five
Cities Fire Chief Steve Lieberman, accepted the proclamation.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.c Interim City Manager Communications
Interim City Manager Robeson provided an update on projects within the City. City Engineer
Sweeney presented the updated timeline for the Village construction projects. City Engineer
Sweeney responded to questions from Council.
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
Item 9.d.
Item 9.d.Page 48 of 226
4
7.d COUNCIL MEMBER GUTHRIE:
1. County Water Resources Advisory Committee (WRAC)
2.Council of Governments/Regional Transit Authority/ South County Transit
(SLOCOG/SLORTA/SCT)
3.Integrated Waste Management Authority Board (IWMA)
4.REACH Economic Development Roundtable
5.Other
7.e COUNCIL MEMBER SECREST:
1.Air Pollution Control District (APCD)
2.South County Chambers of Commerce Arroyo Grande Business Meeting
3.South County Chambers of Commerce Governmental Affairs Committee
4.Other
8.COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public were Tammy, and Candice. No
further public comments were received. Community Development Director Pedrotti and Interim City
Manager Robeson responded to questions and comments from the public. Mayor Ray Russom
commented regarding the possibility of the Police Department providing some speed enforcement on
Sunset.
City Clerk Matson provided notice to the public that written public comments submitted after 4:00 p.m.
on the day of the City Council meeting, will no longer be read into the record, but will be included as
part of the administrative record.
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.
Mayor Ray Russom invited public comment. Speaking from the public was Janna Nichols. No further
public comments were received.
Moved by Council Member George
Seconded by Council Member Secrest
Approve Consent Agenda Items 9.a. through 9.g., with the recommended courses of action.
AYES (4): Council Member George, Council Member Secrest, Council Member Guthrie, and Mayor Ray
Russom
ABSENT (1): Mayor Pro Tem Barneich
Passed (4 to 0)
Item 9.d.Page 49 of 226
5
9.a Consideration of Cash Disbursement Ratification
1)Ratified the listing of cash disbursements for the period of August 16 through August 31,
2023; and 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 a Homeless Service Grant Agreement with 5Cities Homeless Coalition
1)Reviewed the proposal from 5CHC and authorize the Interim City Manager to execute a
Grant Agreement between the City and 5CHC for Winter Shelter Support in the City subject to
any, minor, technical, or non-substantive changes as approved by the Interim City Manager and
City Attorney that effectuates City Council’s intent; 2) Made findings that approval of an
agreement and expenditure of funds is not a project subject to the California Environmental
Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably
foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060,
subd. (b)(2)-(3), 15378.)
9.c Approval of Minutes
Approved the minutes of the Regular City Council Meeting of September 12, 2023, as
submitted.
9.d Authorize Change Order No. 3 to Quincon, Inc. for Construction of the Habitat Mitigation
Phase of the Bridge Street Bridge Rehabilitation Project, PW 2020-08
1) Authorized the City Manager to execute Change Order No. 3 with Quincon, Inc. for the
Habitat Mitigation Phase of the Bridge Street Bridge Rehabilitation project, 2) Approved a
budget adjustment request in the amount of $51,662; and 3) Made findings that Caltrans, as
lead agency, has determined that the project is categorically excluded from the requirements to
prepare and Environmental Assessment (EA) or Environmental Impact Statement (EIS) under
the National Environmental Policy Act (NEPA) pursuant to 23 CFR 771.117(d): activity (d)(13)
covering bridge rehabilitation that avoids an adverse effect to historic properties under the
National Historic Preservation Act
9.e Consideration of Three Action Items for the Traffic Way Bridge Replacement Project 1)
Adoption of Mitigated Negative Declaration; 2) Approve a Contract for Consulting
Services with Hamner Jewell Associates; and 3) Approve a Program Supplement
Agreement
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE TO ADOPT THE INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION (SCH #2022060452) AND MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE TRAFFIC WAY BRIDGE REPLACEMENT PROJECT, AND APPROVE
THE PROJECT; 2) Approved and authorized the Mayor to execute City’s standard Professional
Services Agreement for Consultant Services with Hamner Jewell Associates to provide Right-of-
Way Services for the Traffic Way Bridge Replacement Project in substantially final form (subject
to minor revisions as approved by the City Manager consistent with Council direction); and 3)
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Item 9.d.Page 50 of 226
6
ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT NO. F017 TO ADMINISTERING
AGENCY-STATE AGREEMENT NO. 05-5199F15 FOR THE TRAFFIC WAY BRIDGE
REPLACEMENT PROJECT".
9.f Monthly Water Supply and Demand Update
Received and filed the Monthly Water Supply and Demand Update.
9.g Consideration of a Consultant Services Agreement for Building Division Staff, Plan
Review, and Inspection Services
1) Approved and authorized the Mayor to execute the Professional Services Agreement for
Consultant Services for Building Division staff, plan review, and inspection services; 2) Made
findings that the approval of a Professional Services Agreement for the contemplated services 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.)
10.PUBLIC HEARINGS
10.a Consider Introduction of Ordinance Updating Chapter 3.08 of the City’s Municipal Code,
Purchasing System, Designate Dollar Thresholds for Awarding Contracts, and Consider
Updated Purchasing Policies and Procedures Manual
Administrative Services Director Valentine introduced the item. Pete Gonda, Consultant,
presented the updates to the purchasing ordinance. Director Valentine responded to questions
from Council.
Mayor Ray Russom invited public comment. Speaking from the public was No Name Provided.
No further public comments were received. Mr. Gonda responded to questions from the public.
Moved by Council Member George
Seconded by Council Member Guthrie
Introduced an Ordinance entitled: "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF ARROYO GRANDE, CALIFORNIA, AMENDING CHAPTER 3.08 OF THE
CITY OF ARROYO GRANDE MUNICIPAL CODE RELATING TO PURCHASING".
AYES (4): Council Member George, Council Member Guthrie, Council Member Secrest, and
Mayor Ray Russom
ABSENT (1): Mayor Pro Tem Barneich
Passed (4 to 0)
Moved by Council Member George
Seconded by Council Member Guthrie
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING LEVELS OF PURCHASING AUTHORITY"; and made
findings that introducing a proposed Ordinance, adopting a Resolution designating dollar
thresholds for awarding contracts, and reviewing the purchasing policies and procedures
Item 9.d.Page 51 of 226
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manual 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): Council Member George, Council Member Guthrie, Council Member Secrest, and
Mayor Ray Russom
ABSENT (1): Mayor Pro Tem Barneich
Passed (4 to 0)
11.OLD BUSINESS
None.
12.NEW BUSINESS
12.a Consider Introduction of Tally Ho Road Speed Limit Reduction Ordinance
City Engineer Sweeney presented the staff report and responded to questions from Council.
Mayor Ray Russom opened the public hearing. Speaking from the public were Nancy Macy, and
Terry Boe. Upon hearing no further public comments, Mayor Ray Russom closed the public
hearing.
Moved by Council Member George
Seconded by Council Member Guthrie
1)Waived the first reading and introduced for reading by title only an ordinance authorizing a
speed limit reduction on Tally Ho Road between James Way and Highway 227 from 35 mph to
30 mph; and 2) Made findings that the speed limit adjustment 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.) Other than the replacement of existing street
signs, there is no additional physical alteration or construction associated with this action, and
this speed adjustment is not anticipated to alter traffic patterns other than to reduce speed.
AYES (4): Council Member George, Council Member Guthrie, Council Member Secrest, and
Mayor Ray Russom
ABSENT (1): Mayor Pro Tem Barneich
Passed (4 to 0)
12.b Discussion of SLOCOG Supplemental Funding Efforts
City Engineer Sweeney presented the staff report and Council Member Guthrie provided some
background for the Council to consider.
James Worthley, SLOCOG, responded to questions from Council and commented that the item
for SLOCOG Board consideration has been delayed to December 2023.
Item 9.d.Page 52 of 226
8
Mayor Ray Russom invited public comment. Speaking from the public was James Worthley. No
further public comments were received.
Council discussion ensued regarding road maintenance including bike lanes and trails; having
the Halcyon corridor at Hwy 1 provide additional access to Hwy 101; a review of El Campo; and
concerns regarding leveraged funds.
Council Member Guthrie commented on highway connections to San Luis Obispo; and
maintaining City infrastructure.
13.COUNCIL COMMUNICATIONS
Council Member Guthrie announced the Harvest Festival on September 29th and 30th which will
include over 100 vendors and more kids activities.
Mayor Ray Russom commented on the Celebration of Life and Proclamation for Mayor Martin; AG Day
at Cal Poly Football on October 7th and the QR code available on social media for free tickets to
residents of Arroyo Grande.
14.ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the
meeting at 8:05 p.m.
_________________________
Caren Ray Russom, Mayor
_________________________
Jessica Matson, City Clerk
Item 9.d.Page 53 of 226
Item 9.e.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Interim City Manager
BY: Jessica Matson, Legislative & Information Services Director/City Clerk
SUBJECT: Consideration of Cancellation of the December 26, 2023 City Council
Meeting
DATE: October 10, 2023
SUMMARY OF ACTION:
Cancellation of the second regular City Council meeting in December due to its proximity
to the Christmas and New Year holidays.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is minimal cost savings due to reduced staff time associated with agenda and
meeting preparation.
RECOMMENDATION:
Cancel the regularly scheduled Council meeting of December 26, 2023, due to the
holidays.
BACKGROUND:
Traditionally, and in accordance with the City Council Handbook, the City Council has
cancelled the second regularly scheduled December meeting due to scheduling conflicts
surrounding the holidays.
ANALYSIS OF ISSUES:
The City Council meets twice a month on the second and fourth Tuesdays. This year, the
second regular meeting in December is scheduled on Tuesday, December 26 th. Due to
the proximity to the Christmas and New Year holidays, there exists the potential for
scheduling conflicts for Council, City staff, as well as members of the public, due to
vacation plans and scheduled City Hall holiday closures. Cancellation of the December
26, 2023, City Council meeting will avoid these conflicts.
Page 54 of 226
Item 9.e.
City Council
Consideration of Cancellation of the December 26, 2023 City Council Meeting
October 10, 2023
Page 2
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Cancel the December 26th meeting;
2. Do not cancel the December 26th meeting and take no further action;
3. Reschedule the December 26th meeting to a different date; or
4. Provide other direction to staff.
ADVANTAGES:
Cancelling the December 26, 2023, meeting provides the City Council, staff, and the
public an opportunity to plan a vacation and enjoy the holidays without being absent from
a meeting or being concerned about missing an item that is important for their vo te or
input.
DISADVANTAGES:
Cancellation of a regular meeting may result in heavier agendas at the prior and following
meetings.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Page 55 of 226
Item 9.f.
MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, City Engineer
SUBJECT: Consideration of Adoption of an Ordinance to Reduce the Speed Limit
on Tally Ho Road
DATE: October 10, 2023
SUMMARY OF ACTION:
Adopting the Ordinance will establish a new speed limit from 35 miles per hour (mph) to
30 mph on Tally Ho Road between James Way and Highway 227.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
A significant number of staff hours have been spent to date, including:
Evaluating current conditions
Developing and implementing a restriping plan
Conducting multiple speed surveys, and
Meeting with and communicating with the neighborhood residents, mo st recently
with a postcard survey intended to receive feedback on the potential reduction of
the current 35 mph to 30 mph.
A small financial impact on staff and resources is anticipated to replace the existing 35
mph speed limit signs with 30 mph signs, and possibly an increase in education and
enforcement for a short time following the speed limit adjustment, and periodically
thereafter.
RECOMMENDATION:
1) Adopt the Ordinance authorizing a speed limit reduction on Tally Ho Road between
James Way and Highway 227 from 35 mph to 30 mph and 2) Make findings that the speed
limit adjustment is not a project subject to the California Environment 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:
Following numerous residential complaints about speeding, a speed su rvey was
conducted on Tally Ho Road east of James Way from February 8 -15, 2021. That speed
Page 56 of 226
Item 9.f.
City Council
Consideration of Adoption of an Ordinance to Reduce the Speed Limit on Tally
Ho Road
October 10, 2023
Page 2
survey (Exhibit A of Attachment 2) indicated an 85th percentile of 41 mph, which is then
rounded to the nearest 0 or 5, or in this case 40 mph. Posted speed limits a re only
enforceable 5 mph below the 85th percentile, or in this case 35 mph, the current posted
speed limit.
Although the posted speed limit of 35 mph was the lowest postable enforceable speed
allowable at that time, many residents continued to express safety concerns with the
existing speed. City staff hosted two well-attended meetings in the Tally Ho
neighborhood, one on September 2, 2021, and the other on May 25, 2022. In response
to resident input and the consideration of the residential and family character of this
neighborhood, staff developed a street restriping plan (Attachment 3) and implemented
this restriping plan in winter 2022. Following the street restriping, intended to calm traffic,
reduce excessive speeding, and provide a bike lane, a new speed study was conducted
from July 6-13, 2023. That speed survey (included in Exhibit B of Attachment 2) indicated
an 85th percentile of 36 mph, which is then rounded to the nearest 0 or 5, or in this case
35 mph. The new speed survey indicates that the re striping was successful in lowering
vehicle speed. However, residents continue to have safety concerns with the current
speed limit of 35 mph.
Public Works staff spoke with Commander Zak Ayala, who supervises the Arroyo Grande
Police Department Traffic Division to confirm that the proposed Ordinance has their full
support.
Staff introduced an Ordinance authorizing a speed limit reduction on Tally Ho Road
between James Way and Highway 227 from 35 mph to 30 mph to Council on September
26, 2023. Council spoke in support of the speed adjustment and introduced the Ordinance
as proposed.
ANALYSIS OF ISSUES:
The Ordinance is now ready for adoption. The new speed limit will become effective thirty
(30) days after adoption.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Ordinance as proposed;
2. Modify and reintroduce the Ordinance and direct that adoption of the Ordinance
occur at a future meeting;
3. Provide other direction to staff.
ADVANTAGES:
Adoption of the Ordinance fulfills the desire of numerous residents on this street for a
lower speed limit that will potentially reduce traffic safety issue in this neighborhood.
Continued resident dissatisfaction and staff time to address concerns are very likely to
remain if the speed limit is not reduced.
Page 57 of 226
Item 9.f.
City Council
Consideration of Adoption of an Ordinance to Reduce the Speed Limit on Tally
Ho Road
October 10, 2023
Page 3
DISADVANTAGES:
Since the recommended posted speed limit is within the pace speed of the area where
the speed survey was conducted, no negative impacts are anticipated to the surrounding
community. Drivers in the area do run a higher risk of receiving a speeding ticket because
of the drop in speed limit. This likelihood can be reduced in part through an initial
weeklong enforcement period when drivers who exceed the speed limit are provided a
warning instead of a ticket.
Police Department staff have committed to the following items as preemptive education
opportunities to alert divers of the reduced MPH on this street:
Media and social media releases, (both PD and City Hall), describing the speed
reduction.
Temporary placement of two traffic signboards on Tally Ho indicating the change
in speed (ideally for 7-14 days based upon other City traffic needs)
A 2-week education period consisting of verbal warnings for violators; while
reserving the discretion for issuing citations to egregious violators, (those who
would have received citations even if the speed wa s not reduced).
ENVIRONMENTAL REVIEW:
No environmental review is required for this item. Speed limit adjustment 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.) Other than the
replacement of existing street signs, there is no additional physical alteration or
construction associated with this action, and this speed adjustment is not anticipated to
alter traffic patterns other than to reduce speed.
PUBLIC NOTIFICATION AND COMMENTS:
A summary of the Ordinance was published in The Tribune on October 5, 2023, pursuant
to State law. The Agenda was posted at City Hall and on the City’s website in accordance
with Government Code Section 54954.2.
Attachments:
1. Proposed Ordinance
2. Engineering and Traffic Plan
3. Restriping Plan
Page 58 of 226
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING THE REDUCTION IN SPEED
LIMIT ON TALLY HO ROAD BETWEEN JAMES WAY AND
HIGHWAY 227 FROM 35 MPH TO 30 MPH
WHEREAS, residents along Tally Ho Road between James Way and Highway 227
have expressed concerns regarding the current speed limit of 35 miles per hour (mph)
at this location; and,
WHEREAS, a speed survey on February 8 – 15, 2021 indicated that 35 mph was the
lowest enforceable postable speed at the time; and,
WHEREAS, City staff held field meetings on September 2, 2021 and again on May
25, 2022 to receive resident input; and
WHEREAS, in response to resident feedback, staff developed a striping plan and
implemented this plan in winter 2022; and,
WHEREAS, the 2006 California Manual on Uniform Traffic Control Devices and Caltrans
Policy Directive 09-04 allow for a speed limit reduction below the 85th percentile, if the
conditions and justification for this lower speed limit are documented in an engineering
and traffic study (E&TS) and approved by a registered Civil or Traffic Engineer.
WHEREAS, a new speed survey conducted July 6 – 13, 2023 indicated that a speed
limit of 30 mph can be enforceable if such a speed is justified in an Engineering and
Traffic Study (E&TS) developed by registered Civil Engineer; and
WHEREAS, an E&TS has been developed by a registered Civil Engineer, and the
engineer is recommending a speed limit of 30 mph (see Exhibit A, incorporated by
reference).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Arroyo Grande does ordain as follows:
1, The above recitals are true and correct and incorporated herein.
2. The Council hereby approves the reduction in speed limit on Tally Ho
Road between James Way and Highway 227 from 35 mph to 30 mph , and
authorizes City staff to undertake any necessary ch anges to effectuate the
reduction in the applicable speed limit, including changes to traffic signage in the
designated area.
3. This ordinance 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 Page 59 of 226
ORDINANCE NO.
PAGE 2
CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Other than the
replacement of existing street signs, there is no additional physical alteration o r
construction associated with this action, and this speed adjustment is not
anticipated to alter traffic patterns other than to reduce speed.
4. If any section or provision of this Ordinance is for any reason held to be
invalid or unconstitutional by any court of competent jurisdiction, or contravened
by reason of any preemptive legislation, the remaining sections and/or
provisions of this ordinance shall remain valid. The City Council hereby declares
that it would have adopted this Ordinance, and each section or provision thereof,
regardless of the fact that any one or more section(s) or provision(s) may be
declared invalid or unconstitutional or contravened via legislation.
5. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof,
to be published and posted pursuant to the provisions of law and this Ordinance
shall take effect thirty (30) days after passage and after appropriate signs giving
notice of the new speed limit are posted upon the street affected by the
Ordinance.
On motion by Council Member __________, seconded by Council
Member__________, and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Ordinance was adopted this ____ day of _____, 2023.
Page 60 of 226
ORDINANCE NO.
PAGE 3
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
Page 61 of 226
ORDINANCE NO.
PAGE 4
EXHIBIT A
Engineering and Traffic Study (E&TS)
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ATTACHMENT 2
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"No Stopping No Parking dt Any Time"Bike lane markings per MUTCD 9C Total approximate length 1,907 feet
R7-9 All markings to be paint, no thermo plastic ----Refresh all sto p markings and bars
Approx I-200ft
I A typ.
Install sign "No Parking Any Time" at end of red curb
R-26(CA)"End"
R81B (CA)
"Bike Lane Right"
4 ft bike lane
7 ft bike lane
2 ft buffer lane
* ,,, ,,,,,,
4 i �le solidIne edge of parking per MUTCD figure
Install sign "No Parking Any Time"
I
6" white solid & 6" white dashed at end of red curb -----,.L_R-26(CA)r-------✓e_ "End"
lines for buffer lant::---... per MUTCD figure9C-104(CA) R81B (CA)
5 ft bike lane 2 ft buffer lane
20 ft oc
R50o----
4 ft
Install sign "No Parking Any Time" -R26(CA)"Begin"R81A (CA)
R500
This area to be red curb. 110 ft long.
4 in white solid line edge of
parking per
MUTCD figure
9C-104(CA)
55ft each direction from tree. Grind & fog-seal1-----existing double
yellow centerline ( do not replace)
4-5 ft bike lane2 ft buffer lane
bike l�a�n:::_e�;..._� ___ ;__ __________ ____,:::;...._ __ ___... __9C-104(CA)
r-----------'.----Righ t-of-Way·---------, r----------Righ t-of-Way-----------------,
J J If.
't
2%
: ••'
,.,y ,. �---�-�--�-�·-••••• , •• ..,.-,;,:.._,, .... .,.,.., ••• _�,.,. � •;;., -·-�,-�·\·'·�·-.,., ... ,-,· . .:..•.,:,..,.._·, . -..: .. . -J l l J'I 5 fl 5 fl 10 fl 10 fl 6 fl Bike
J LJ2ft Travel Travel 2:J Bike Sidewalk
l 'I f1. J 6ft J 4-511 ,I, L,I, 10ft �< If. Sidewalk Bike 2 11 Travel Travel 2 ft Bike Parking Sidewalk
7 ft >arking
5 ft bike lane 2 ft buffer lane
,,,,, *
Install sign "No Parking Any Time" R26(CA) "Begin"
R81A (CA)
New single 4 in solid white outside CT ROW
Bike lane symbol and arrow per MUTCD figure 9C-3B placed after every intersection
Dashed green at beginning of bike lane and everytraffic/bike lane conflict (Intersection)
50 ft Fig 9C-104(CA) Detail 39A
Grind & fog-seal existing double yellow centerline ( do not replace) \ Two 10 ft travel lanes
Tally Ho Restriping Jarnes Way to Highway 227
DATE: DRAWN BY: CHECKED BY: Lane Buffer Lane Lane Buffer Lane Lane Lane Lane Buffer Lane Lane Lane Buffer Lane Lane CITY OF ARROYO GRANDE 3/4/21 JB RD 34 FT TREE STREET CROSS SECTION 39-40 FT STREET SECTION ATTACHMENT 3Page 105 of 226
Item 9.g.
MEMORANDUM
TO: City Council
FROM: Steven B. Kahn, Interim Public Works Director
BY: Shannon Sweeney, City Engineer
SUBJECT: Consideration of Agreement for Contractor Services for Arroyo
Grande Creek Fallen and Undermined Tree, Debris Removal; Finding
the Project Exempt from Review under California Environmental
Quality Act pursuant to State Guidelines Section 15269 and Executive
Order No. N-10-23 and Direct Staff to File a Notice of Exemption
DATE: October 10, 2023
SUMMARY OF ACTION:
Award an agreement for contractor services to Bunyon Brothers Tree Care, Inc (Bunyon
Bros.) for the removal of fallen and undermined trees and debris that resulted from the
January 2023 storm events. Pending Council approval, City will continue seeking several
Right of Entry agreements to perform repairs or replacement of existing levees, weirs,
and other conveyance and flood -control infrastructure, debris removal, sediment removal,
and vegetation management. The work will include silt and veget ation removal in Tally
Ho Creek. Collectively the work contemplated by this item is referred to herein as the
“Project,” and staff is recommending the City Council find the Project exempt from CEQA.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Bunyon Bros. bid to remove fallen and undermined trees and debris from Arroyo Grande
Creek is $109,500.00 (Exhibit B of Attachment 1). Because this work is directly connected
to the early 2023 storm event damage, staff will submit reimbursement requests to
Federal Emergency Management Agency (FEMA) and California Governor’s Office of
Emergency Services (Cal OES) for the cost to perform this work. FEMA assistance will
be provided at a 75% federal cost share totaling $82,125.00. Cal OES assistance will be
provided at an 18.75% state cost share totaling $20,531.25. The City is responsible for
the remaining 6.25% totaling $6,843.75. This debris removal is part of the Arroyo Grande
Creek Remediation Project, which is included in the FY 2023-24 Budget.
RECOMMENDATION:
1) Authorize the City Manager to execute the agreement for Contractor Services with
Bunyon Brothers Tree Care, Inc. for Arroyo Grande Creek fallen and undermined tree
Page 106 of 226
Item 9.g.
City Council
Consideration of Agreement for Contractor Services for Arroyo Grande Creek
Fallen and Undermined Tree, Debris Removal; Finding the Project Exempt from
Review under California Environmental Quality Act pursuant to State Guidelines
Section 15269 and Executive Order No. N-10-23 and Direct Staff to File a Notice of
Exemption
October 10, 2023
Page 2
and debris removal; and 2) Make findings that the entire Project is exempt from the
California Environmental Quality Act (CEQA) under CEQA Guidelines section 15269 and
Executive Order No. N-10-23 and direct staff to file a Notice of Exemption for this project.
BACKGROUND:
The City of Arroyo Grande incurred significant damage associated with the rainstorms of
early 2023. In Arroyo Grande Creek this includes large-scale deposit of vegetation/tree
branch debris, whole fallen trees, and severe undermining of the root system of sever al
trees. Because of the large amount debris at several locations, staff explored the option
of hiring contract services to remove these fallen trees and debris.
Ordinarily, such work would involve significant environmental permitting which would
significantly delay the completion of this Project. However, on August 4, 2023, Governor
Gavin Newsom signed Executive Order N– 10 – 23 (Attachment 2). This executive order
suspends certain statutes, rules, and requirements for the purposes of debris removal,
sediment removal, and vegetation management in certain waterbodies, including Arroyo
Grande Creek, provided that the activity meets the following conditions (partial list of
conditions; only those conditions applicable to this work are listed):
The activity is necessary to respond to conditions caused by the 2022 – 2023
winter storm events and is necessary to avoid future damage from high streamflow
events in the upcoming rainy season.
Removal of sediment or vegetation or both serves to either reestablish a functional
low flow channel or reestablish channel capacity or clear sediment and debris from
the river channel near structures such as bridges.
Removal of sediment or vegetation or both is limited to portions of the channel that
are dry.
No more than 30% of the total native vegetation within the stream channel and
bank is removed each river mile.
The activity is completed by November 1, 2023.
All the above conditions can be met for this project and pending Council approval, City
staff will continue to move forward seeking the necessary Right of Entry from affected
private property owners.
ANALYSIS OF ISSUES:
Executive Order N–10–23 gives City staff a unique opportunity to address materials in
the creek resulting from the 2022-2023 Winter Storm Events that are likely to cause
problems in the near future, during the next rainy season. The debris and fallen and
undermined trees have a high probability of washing downstream during what is
Page 107 of 226
Item 9.g.
City Council
Consideration of Agreement for Contractor Services for Arroyo Grande Creek
Fallen and Undermined Tree, Debris Removal; Finding the Project Exempt from
Review under California Environmental Quality Act pursuant to State Guidelines
Section 15269 and Executive Order No. N-10-23 and Direct Staff to File a Notice of
Exemption
October 10, 2023
Page 3
anticipated to be a wet winter, which would clog stream flows and storm drains and cause
potential structural damage to City infrastructure such as bridge abutments/columns.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Authorize the City Manager to award the agreement for contractor services for the
removal of fallen and undermined trees and debris from Arroyo Grande Creek to
Bunyon Brothers and make the necessary CEQA findings for the Project;
2. Do not authorize this agreement; or
3. Provide other direction to staff.
ADVANTAGES:
Implementing the Project allows the City to provide an emergency response to damage
caused by the 2022-2023 Winter Storm Events, specifically removing fallen and
undermined trees and debris from the creek. The Project will help avoid damage caused
by storms in the upcoming rainy season.
DISADVANTAGES:
Failure to implement the Project may result in damage to City infrastructure or other public
and/or private property caused by storms in the upcoming rainy season.
ENVIRONMENTAL REVIEW:
This Project is exempt from CEQA under paragraph 2.c. of Executive Order N-10-23,
which states that CEQA shall not apply to vegetation and debris removal from creeks or
streams if the conditions discussed above are met. The Project is an emergency response
to remove vegetation and debris in the Arroyo Grande Creek caused by the 2022 -2023
Winter Storm Events. As explained above, the Project will comply with all applicable
provisions of Executive Order N-10-23 and thus qualifies for the exemption.
The Project is also statutorily exempt from CEQA under CEQA Guidelines section 15269
subdivision (a) because the Project is an action taken to mitigate an emergency in an
area where the Governor previously declared a state of emergency; and subdivision (c),
because the Project is a specific action taken to mitigate an emergency, specifically
emergency conditions created by the 2022-2023 Winter Storm Events.
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 108 of 226
Item 9.g.
City Council
Consideration of Agreement for Contractor Services for Arroyo Grande Creek
Fallen and Undermined Tree, Debris Removal; Finding the Project Exempt from
Review under California Environmental Quality Act pursuant to State Guidelines
Section 15269 and Executive Order No. N-10-23 and Direct Staff to File a Notice of
Exemption
October 10, 2023
Page 4
Attachments:
1. Proposed Agreement for Contractor Services
2. Executive Order N-10-23
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ATTACHMENT 2
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Item 9.h.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Shayna Gropen, Assistant Planner
SUBJECT: Consideration of Temporary Use Permit 23-009 Authorizing
Temporary Closure of Branch Street for Halloween in the Village from
3:00 PM to 7:00 PM Tuesday, October 31, 2023; Finding the Action
Exempt from Review Under California Environmental Quality Act
Pursuant to State Guidelines Section 15304(e); Applicant – Krista
Bandy
DATE: October 10, 2023
SUMMARY OF ACTION:
Adoption of a resolution approving the Temporary Use Permit will authorize use of Branch
Street for Halloween in the Village on Tuesday, October 31, 2023 from 3:00 PM to 7:00
PM and will direct staff to implement safety measures, including closure of East and West
Branch Streets from Traffic Way to Mason Street, establish no parking zones, and detour
vehicle traffic.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Total direct equipment and staffing costs associated with this event are estimated at
$6,000. These costs have been deemed necessary to ensure the safety and security of
City Staff and event attendees.
The Public Works Department estimates $3,500 to be allocated, see below:
$1,550 for Public Works staff time and materials;
$850 for water barricade rentals; and
$1,100 for contractor to fill water barricades.
The remaining $2,500 includes Police Department time and material costs as follows:
(2) Officers on foot patrol / at Police Booth
(2) Officers as a Reaction Team
(1) Motor Officer for traffic enforcement
Page 145 of 226
Item 9.h.
City Council
Consideration of Temporary Use Permit 23-009 Authorizing Temporary Closure of
Branch Street for Halloween in the Village from 3:00 PM to 7:00 PM Tuesday,
October 31, 2023; Finding the Action Exempt from Review Under California
Environmental Quality Act Pursuant to State Guidelines Section 15304(e);
Applicant – Krista Bandy
October 10, 2023
Page 2
Regarding the City’s incurred costs for this event, the proposed Resolution includes a
condition requiring the applicant to reimburse the City for all costs associated with closing
and securing Branch Street during the event.
RECOMMENDATION:
1) Adopt a Resolution approving Temporary Use Permit 23-009 authorizing the closure
of East and West Branch Streets to accommodate Halloween in the Village; and 2)
Determine that this project is categorically exempt per Section 15304(e) of the CEQA
Guidelines regarding minor temporary uses of land.
BACKGROUND:
Halloween in the Village as an event began informally and operated without official
permits or City involvement until 2007. The large crowds and corresponding traffic
concerns led the City to require the event organizer to obtain a permit that outlined the
safety procedures and street closures necessary to ensure the event would foster a
secure and organized environment for attendees. One measure that has been
implemented is the closure of West Branch to traffic which enables families to safely cross
the street. The Arroyo Grande Village Association applied for a permit to continue the
annual Halloween in the Village celebration. The event is intended to provide a safe
daytime environment for families to trick or treat while highlighting businesses in the
Village.
ANALYSIS OF ISSUES:
The Temporary Use Permit authorizes street closures and imposes conditions and safety
measures to increase pedestrian safety during the event. By limiting occurrences of
pedestrian and vehicular interactions during the event, crowds of children and familie s
are able to safely gather and walk on both sides of the four-block core of the Village. Prior
to the implementation of street closures, unsafe conditions such as overcrowded
sidewalks and crossings of uncontrolled intersections were common. The successful
implementation of street closures and safety measures over the previous ten (10) events
has led to a positive community celebration and no reported incidences of accident or
injury.
The closure of West and East Branch Street from Traffic Way to Mason St reet will be
implemented through the following measures:
The placement of “No Parking” signs mounted on delineators 48 hours in advance
of the event on West and East Branch Streets;
No parking for a small section at the corner of Mason Street and Nelson S treet (to
allow turning movement for commercial trucks);
Page 146 of 226
Item 9.h.
City Council
Consideration of Temporary Use Permit 23-009 Authorizing Temporary Closure of
Branch Street for Halloween in the Village from 3:00 PM to 7:00 PM Tuesday,
October 31, 2023; Finding the Action Exempt from Review Under California
Environmental Quality Act Pursuant to State Guidelines Section 15304(e);
Applicant – Krista Bandy
October 10, 2023
Page 3
Closure of intersections or major driveways onto East and West Branch Street,
including the Car Corral and Nevada Street;
Closure of Bridge Street between Olohan Alley and Branch Street;
Implementation of a detour which routes automobile and truck traffic onto Traffic
Way, Nelson Street and Mason Street; and
Delineating a widened turning lane on East Branch Street at Mason Street for
commercial trucks
Staff Advisory Committee (SAC)
The SAC, which is comprised of staff including from the Police, Fire, Public Works, and
Community Development departments, discussed the project at its meeting on August
31, 2023. The primary topic of discussion was the necessity to place barriers at the
Olohan Alley end of Short Street in order to prevent any form of vehicular traffic from
entering the designated event area. While SAC suggested a fire engine could be parked
on Short Street during the event, it was ultimately determined doing so would not be
preferable given the limited equipment resources available. Subsequently, staff
determined that permanent round concrete planters would be placed at the Branch Street
side of Short Street prior to the event. The SAC recommended the City Council approve
the application with conditions of approval included in the Resolution.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution approving Temporary Use Permit 23-009;
2. Modify and adopt the Resolution approving Temporary Use Permit 23-009;
3. Do not adopt the Resolution, or
4. Provide other direction to staff.
ADVANTAGES:
Full street closure provides a safe environment for participants and allows community
members to safely cross the street, thus helping the event to operate efficiently and
without incident.
DISADVANTAGES:
“No Parking” restrictions and the closure of sections of Branch Street will have an impact
on traffic and parking conditions. Motorists unfamiliar or unaware of the event will have to
use detours to travel to their destinations, which may increase travel time.
ENVIRONMENTAL REVIEW:
The project is categorically exempt from the California Environmental Quality Act
(“CEQA”) under the Class 4 exemption, which applies to minor public or private alterations
Page 147 of 226
Item 9.h.
City Council
Consideration of Temporary Use Permit 23-009 Authorizing Temporary Closure of
Branch Street for Halloween in the Village from 3:00 PM to 7:00 PM Tuesday,
October 31, 2023; Finding the Action Exempt from Review Under California
Environmental Quality Act Pursuant to State Guidelines Section 15304(e);
Applicant – Krista Bandy
October 10, 2023
Page 4
in the condition of land, water, and/or vegetation where the project does not involve
removal of healthy, mature, scenic trees except for forestry and agricultural purposes. No
vegetation removal or other alterations to the environment will occur because the event
takes place on Branch Street, a paved street within an urbanized area. This project is
categorically exempt per Section 15304(e) of the CEQA Guidelines regarding minor
temporary uses of land.
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. Event Map
Page 148 of 226
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
CASE NO. 23-009 AUTHORIZING “HALLOWEEN IN THE VILLAGE”
ON TUESDAY, OCTOBER 31, 2023 AND DIRECTING STAFF TO
IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO
PARKING ZONES AND STREET CLOSURES AND FINDING THE
ACTION EXEMPT FROM CEQA
WHEREAS, the applicant, Krista Bandy, applied for a Temporary Use Permit for the Halloween
in the Village event which, amongst other things, is necessary to establish conditions to ensure
the safety of the event; and
WHEREAS, the implementation of safety measures including no parking zones and street
closures will help to facilitate a safe Halloween for all individuals participating in the event and
traveling through the Village area; and
WHEREAS, the Arroyo Grande Municipal Code (AGMC) provides for the issuance of Temporary
Use Permits in AGMC 16.16.090 for events such as “Halloween in the Village”, AGMC Section
10.16.050 authorizes the City Council to restrict parking on any street, and California Vehicle
Code Section 21101(e) authorizes the closure of streets for parades and local special events.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does
hereby approve Temporary Use Permit 23-009 authorizing the following actions, with the above
findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated
herein by this reference:
1. Recitals. The above recitals are true and correct and are incorporated herein by reference.
2. CEQA. This action is exempt from review under the California Environmental Quality Act
(CEQA) per Section 15304(e), which authorizes an exemption for minor temporary uses of
land that have negligible or no permanent effects on the environment.
3. Findings.
a) The operation of the requested use at the locations proposed and within the time period
specified will not jeopardize, endanger, or otherwise constitute a menace to the public
health, safety or general welfare due to the use of traffic safety equipment and dedicated
local law enforcement personnel.
b) The City streets to be used are adequate in size and shape to accommodate the trick-
or-treat event without material detriment to the use and enjoyment of other properties
located adjacent to and in the vicinity of the Event.
Page 149 of 226
RESOLUTION NO.
PAGE 2
c) The proposed site is adequately served by streets or highways having sufficient width
and improvements to accommodate the kind and quantity of traffic that the Event will or
could reasonably be expected to generate.
d) Adequate temporary parking to accommodate vehicular traffic to be generated by the
Event is available throughout the City.
e) In accordance with Vehicle Code 21101(e), closure of the particular streets is
necessary for the safety or protection of persons who are to use that portion of the street.
Sidewalks and streets become crowded during this event and disallowing vehicle traffic
ensures that attendees can safely enjoy the event. Street closure also allows for the
efficient operation of the event, and increases the safety for pedestrians when crossing the
street.
4. Establishment of No Parking Zones, Street Closures and Detour.
a. The establishment of a “No Parking” zone on East and West Branch Streets between
Traffic Way and Mason Street between the hours of 3:00PM and 7:00PM on the day
of the event;
b. “No Parking” at the corner of Mason Street and Nelson Street (to allow turning
movement for commercial trucks) between the hours of 3:00PM and 7:00PM on the
day of the event;
c. The closure of West and East Branch Street from Traffic Way to Mason Street
between the hours of 3:00PM and 7:00PM on the day of the event;
5. The closure of intersections or major driveways onto East and West Branch Street including
Bridge Street, Short Street, the Car Corral, and Nevada Street between the hours of 3:00PM
and 7:00PM on the day of the event;
6. The implementation of a detour which routes automobile and truck traffic onto Traffic Way,
Nelson Street and Mason Street and delineating a widened turning lane on East Branch
Street at Mason Street for commercial trucks between the hours of 3:00PM and 7:00PM on
the day of the event.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Arroyo
Grande does hereby approve Temporary Use Permit 23-009 authorizing the following actions for
the Halloween in the Village:
On motion of Council Member , seconded by Council Member , and on the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Page 150 of 226
RESOLUTION NO.
PAGE 3
______________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
______________________________________
ISAAC ROSEN, CITY ATTORNEY
Page 151 of 226
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 23-009
GENERAL CONDITIONS:
1. This Temporary Use Permit authorizes “Halloween in the Village” and directs staff to
implement related safety measures including no parking zones and street closures on
Tuesday, October 31, 2023.
2. The applicant shall ascertain and comp ly with all State, County and City requirements
as are applicable to this project.
3. The event shall occur in substantial conformance with the application and plans on file in
the Community Development Department.
4. The applicant shall comply with all of the Conditions of Approval for Temporary Use Permit
23-009.
5. The applicant shall agree to indemnify and defend at his/her sole expense any action
brought against the City, its agents, officers, or employees because of the issuance of said
approval. The applicant shall reimburse the City, its agents, officers, or employees, for any
court costs and attorney’s fees which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole discretion,
participate at its own expense in the defense of any such action but such participation shall
not relieve applicant of his/her obligations under this condition.
6. The applicant shall notify all affected businesses and residents of street closures and
parking restrictions at least 48 hours prior to the event.
7. The applicant shall clean up all debris associated with the event to the satisfaction of
the Public Works Director.
8. Traffic detouring shall be coordinated with the Police Department.
9. The Public Works Department shall be responsible for ordering and directing the setup
of all traffic control equipment through a private purveyor.
10. The applicant shall provide a $1,000,000 commercial general liability insurance policy
naming the City as additional insured, subject to approval by the City Attorney. Proof of
the insurance shall be submitted to the Director of Legislative and Information Services
ten (10) days before the event.
Page 152 of 226
ATTACHMENT 2Page 153 of 226
Item 9.i.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration of Temporary Use Permit 23-010 Authorizing Use of
Heritage Square Park for the 2023 Arroyo Grande Beer and Wine
Festival; Finding the Action is Exempt from Review under California
Environmental Quality Act pursuant to State Guidelines Section
15304(e); Location – Heritage Square Park; Applicant – Arroyo Grande
Village Association
DATE: October 10, 2023
SUMMARY OF ACTION:
Adoption of a resolution approving the Temporary Use Permit will authorize use of
Heritage Square Park on November 4, 2023 for the 2023 Arroyo Grande Beer and Wine
Festival.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no direct funding impact anticipated as a result of this event. The applicant will
pay for the application fees. The project is conditioned to require the applicant to provide
adequate restroom and trash facilities for the event and any City expenses will be
reimbursed. These expenses are anticipated to be minimal, if any.
RECOMMENDATION:
1) Adopt a Resolution approving Temporary Use Permit 23-010 authorizing the use of
Heritage Square Park for the 2023 Arroyo Grande Beer and Wine Festival ; and 2)
Determine that this project is categorically exempt per Section 15304(e) of the CEQA
Guidelines regarding minor temporary uses of land.
BACKGROUND:
The applicant, the Arroyo Grande Village Association, submitted an application for a
Temporary Use Permit to utilize Heritage Square Park for a beer and wine festival to be
held on November 4, 2023. The proposed event is called the Arroyo Grande Beer and
Wine Festival (Attachment 2). A portion of the proceeds will be used to pay for Santa in
the Village during December. The proposed event will bring a significant number of
Page 154 of 226
Item 9.i.
City Council
Consideration of Temporary Use Permit 23-010 Authorizing Use of Heritage
Square Park for the 2023 Arroyo Grande Beer and Wine Festival; Finding the
Action is Exempt from Review under California Environmental Quality Act
pursuant to State Guidelines Section 15304(e); Location – Heritage Square Park;
Applicant – Arroyo Grande Village Association
October 10, 2023
Page 2
participants to Heritage Square Park in the Village. The proposal for such a large event
on City property and the request to reserve street parking adjacent to the event site
necessitates approval of the Temporary Use Permit. Additionally, service and
consumption of alcohol at Heritage Square Park is only allowed by City Council
Resolution and subject to issuance of a public safety and welfare permit by the Chief of
Police. The purpose of the Temporary Use Permit is to ensure the event is conducted in
a manner that is compatible with the surrounding area and results in a successful event
for the applicant, the attendees, the neighbors, and the City. This event is replacing the
“Beer Feast,” which was a similar event held at Heritage Square Park from 2016 -2019.
Staff Advisory Committee
The Staff Advisory Committee (SAC) reviewed the proposed project on September 14,
2023. Members of the SAC, that include Police, Fire, and Public Works staff, discussed
several aspects of the project and concluded that there would be no foreseeable issues
with parking, neighbors, or security. The SAC was in support of the project, subject to the
conditions of approval included in the prepared Resolution.
ANALYSIS OF ISSUES:
The applicant proposes to utilize Heritage Square Park between the hours of 6:00 am
and 8:00 pm, with the event occurring between the hours of 12:00 pm and 4:00 pm. The
hours outside of the event will be used for set-up and tear down of the event. The
applicant indicates this event will include approximately thirty (30) breweries, fifteen (15)
wineries, three food vendors, and live music. The number of tickets available for the event
will be limited to 700. Last year’s event was capped at 600 and the applicant identified
the need for more tickets to this year’s edition. As required by the Department of Alcohol
and Beverage Control, waist high fencing will be utilized at the back of the adjacent
sidewalks to close the event, and only persons 21 years of age and older will be admitted.
Live music is proposed at the Rotary Bandstand during the event. The applicant will
provide security as approved by the City of Arroyo Grande Police Department and provide
Swinging Bridge security as needed.
Parking
The applicant is not requesting reservation of parking within City owned parking lots as is
typically requested for other events in the Village area. However, the applicant is
requesting the reservation of street parking directly adjacent to the park for loading and
unloading of equipment, beverages for breweries and wineries, and pickup and drop -off
of attendees by designated drivers, rideshare services, or other accommodations.
Attendee Identification
Page 155 of 226
Item 9.i.
City Council
Consideration of Temporary Use Permit 23-010 Authorizing Use of Heritage
Square Park for the 2023 Arroyo Grande Beer and Wine Festival; Finding the
Action is Exempt from Review under California Environmental Quality Act
pursuant to State Guidelines Section 15304(e); Location – Heritage Square Park;
Applicant – Arroyo Grande Village Association
October 10, 2023
Page 3
The event is proposed to be open only to those individuals who purchase tickets. Presale
tickets will be sold, with any additional tickets being available for purchase at the event.
Attendees paying to participate in tasting beer and wine will be given wristbands
identifying their allowed participation. Designated drivers will be able to attend the event
to eat food, but will be given a different wristband to identify them as drivers, and will not
be provided the tasting glass. Individuals under 21 years of age and those who do not
have wristbands will not be permitted into the event area. Private security personnel
required for the event will immediately remove individuals found in the event without
proper wristbands.
Restrooms
The applicant is required to provide adequate restrooms in addition to the restrooms
located in Heritage Square Park. Similar events at the Park have provided additional
portable restrooms on Short Street adjacent to the venue. The event map identifies three
(3) restrooms outside of the fencing to satisfy this condition.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution approving TUP 23-010;
2. Modify and adopt the Resolution approving TUP 23-010;
3. Do not adopt the Resolution; or
4. Provide other direction to staff.
ADVANTAGES:
This event will provide an opportunity for local breweries and wineries to showcase their
products and will draw additional interest to the City, spurring the local economy.
Additionally, the applicant will use the proceeds to pay for events related to Chr istmas in
the Village.
DISADVANTAGES:
The event will bring a large number of people to an event where alcohol will be consumed.
This can cause noise issues with the nearby residences and impaired motor vehicle
operation is a possibility. Conditions of app roval requiring resident notification and the
applicant providing incentives for designated drivers to attend the event aim to minimize
the potential negative impacts and ensure a successful event. In feedback discussions
among staff, no specific negative issues from last year’s event were noted.
ENVIRONMENTAL REVIEW:
The festival is categorically exempt from the California Environmental Quality Act
(“CEQA”) under the Class 4 exemption, which applies to minor public or private alterations
Page 156 of 226
Item 9.i.
City Council
Consideration of Temporary Use Permit 23-010 Authorizing Use of Heritage
Square Park for the 2023 Arroyo Grande Beer and Wine Festival; Finding the
Action is Exempt from Review under California Environmental Quality Act
pursuant to State Guidelines Section 15304(e); Location – Heritage Square Park;
Applicant – Arroyo Grande Village Association
October 10, 2023
Page 4
in the condition of land, water, and/or vegetation where the project does not involve
removal of healthy, mature, scenic trees except for forestry and agricultural purposes.
Specifically subsection (e) exempts temporary uses in land having negligible or no
permanent effects on the environment. The event is proposed at Heritage Square Park
which is an established park that regularly accommodates events of this size, scale, and
duration.
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. Applicant Letter
Page 157 of 226
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
NO. 23-010; AUTHORIZATION TO USE CITY PROPERTY FOR
A BEER AND WINE FESTIVAL ON NOVEMBER 4, 2023;
LOCATED AT HERITAGE SQUARE PARK
WHEREAS, the organizers of the Arroyo Grande Beer and Wine Festival, the Arroyo
Grande Village Association, have requested the use of Heritage Square Park for the
operation of a beer and wine festival; and
WHEREAS, the purpose of the Temporary Use Permit is to ensure the event is
conducted in a manner that is compatible with the surrounding area; and
WHEREAS, the applicant will be responsible for costs associated with security,
cleanup, and payment of all related fees and costs for use of City property and City
employee time related to the event.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Arroyo Grande resolves, finds, and determines as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2. CEQA. This action is exempt from review under the California Environmental Quality
Act (CEQA) per Section 15304(e), which authorizes an exemption for minor
temporary uses of land that have negligible or no permanent effects on the
environment and that none of the exceptions to the Class 4 exemption set forth in
State CEQA Guidelines section 15300.2 apply.
3. Findings. The City Council makes, after due study and deliberation, the following
Temporary Use Permit Findings:
a. The operation of the requested use at the location proposed and within the
time period specified will not jeopardize, endanger, or otherwise constitute a
menace to the public health, safety, or general welfare.
The operation of the requested use at the location proposed and within
the time period specified will not jeopardize, endanger or constitute a
menace because the site will be contained via fencing, security will be
provided, the attendees will be identified with wristbands, and
Page 158 of 226
RESOLUTION NO.
PAGE 2
restrooms will be provided to prevent disruptions to the public health,
safety, or general welfare.
b. The proposed site is adequate in size and shape to accommodate the
temporary use without material detriment to the use and enjoyment of other
properties located adjacent to and in the vicinity of the site.
The proposed site is adequate in size and shape to accommodate the
temporary use without detriment to the use and enjoyment of other
properties located adjacent to and in the vicinity of the site because the
event will be contained by fences and the applicant will provide security,
the proposed site functions as a permanent park, and is accustomed to
a higher flow of visitors on the site.
c. The proposed site is adequately served by streets or highways having
sufficient width and improvements to accommodate the kind and quantity of
traffic that the temporary use will or could reasonably be expected to generate.
The proposed site is adequately served by South Mason and Nelson
Streets, which are of significant width and improvements to
accommodate the kind and quantity of traffic that the temporary use will
generate.
d. Adequate temporary parking to accommodate vehicular traffic to be generated
by the use will be available either on -site or at alternate locations acceptable
to the City Council.
Adequate temporary parking to accommodate vehicular traffic to be
generated is available because Heritage Square Park is located in a
commercial district that has ample public parking for visitors.
4. Approval. The City Council hereby approves Temporary Use Permit 23-
010, authorizing the use of City property as presented to the City Council on
October 10, 2023, with the above findings and subject to the conditions as set
forth in Exhibit "A", attached hereto and incorporated herein by this reference.
On motion of , seconded by , and on the following roll call vote, to
wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 10th day of October, 2023.
Page 159 of 226
RESOLUTION NO.
PAGE 3
_________________________________________
CAREN RUSSOM, MAYOR
ATTEST:
________________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________________
BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
________________________________________
ISAAC ROSEN, CITY ATTORNEY
Page 160 of 226
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 23-010
This approval authorizes the use of Heritage Square Park and on street parking on
the north side of Nelson Street, and east side of Short Street adjacent to the park for
a beer and wine festival between 6:00 am and 8:00 pm on Saturday, November 4,
2023, with the event occurring from 12:00 pm to 4:00 pm.
General Conditions
1. The applicant shall ascertain and comply with all State, County and City
requirements as are applicable to this project.
2. The event shall occur in substantial conformance with the applicat ion and
plans on file in the Community Development Department office.
3. The applicant shall comply with all the conditions of the City Council
Resolution adopted on October 10, 2023.
4. The applicant shall agree to defend, indemnify and hold harmless the City, its
agents, officers, and employees harmless, at its sole expense from any action
brought against the City, its agents, officers, or employees because of said
approval, or in the alternative, to relinquish such approval. The applicant shall
reimburse the City, its agents, officers, or employees, for any court costs and
attorney’s fees which the City, its agents, officers, or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve the applicant of their obligations under this
condition.
Public Works Department Conditions
5. The applicant is responsible for providing dumpster, trash bags and enough
restroom facilities to serve the event. Any supplies the Public Works
Department may need to provide must be reimbursed by the applicant.
6. The applicant shall have an individual designated to periodically inspect the
restrooms and areas around food vendors and waste containers. That
individual shall be responsible for maintaining the cleanliness of these areas
and gathering and disposing of all debris.
7. The applicant shall reimburse the City for the costs of any Public Works staff
services required for this event, including, but not limited to, restroom
maintenance, trash, etc.
8. The applicant shall remove any tape placed on streets, parking areas, and
grass after the event.
9. Applicant is responsible for notifying the City of Arroyo Grande Public Works
Department (805-473-5485), at least two weeks prior to the event date so that
sprinkler heads can be marked for avoidance from damage during the event .
The applicant shall reimburse the City for any damage to the irrigation system
at the park.
Page 161 of 226
RESOLUTION NO.
PAGE 5
Engineering Division Conditions
10. The applicant shall provide restroom facilities, barricades, and signage as
required.
11. The applicant shall provide a $1,000,000 comprehensive general liability
insurance policy naming the City as additional insured by October 23, 2023.
12. The applicant shall reimburse the City for the costs of Engineering Division
services and any other City services required for this event.
Building and Life Safety Division Conditions
13. The project shall comply with the most recent edition of the California State
Fire and Building Codes and the Uniform Building and Fire Codes as adopted
by the City of Arroyo Grande. Specifically, all temporary-wiring provisions of
the N.E.C. must be met.
14. Emergency access must be maintained to the satisfaction of the Building
Official and Fire Chief. A detailed chart or map will be provided to Building and
Life Safety Division and Fire Department for approval prior to the event,
showing placement of all booths, to include actual dimensions of access
pathways for fire apparatus and emergency vehicles.
15. The use of generators must be reviewed and approved by the Building Official.
16. The applicant shall identify an individual to act as liaison with the Fire
Department for the purpose of maintaining life and safety.
Police Department Conditions
17. All temporary "No Parking" signs shall be posted by the applicant a minimum
of 48 hours prior to the event, stating the dates and times of restriction.
18. Private security personnel will be provided by the applicant, to the satisfaction
of the Chief of Police.
19. Failure to provide private licensed security will result in AGPD Officers being
assigned with expenses billed to the applicant.
Special Conditions
20. The applicant shall mail or hand deliver notification of the event to all properties
between Bridge Street and Whitely Street from Branch Street to Allen Street
at least one week before the event.
Page 162 of 226
ARROYO GRANDE VILLAGE ASSOCIATION
September 01, 2023
Andrew Perez
City of Arroyo Grande
300 East Branch Street Arroyo Grande, Ca 93420
Dear Andrew,
I am submitting the items below for departmental review.
Arroyo Grande Beer & Wine Festival - Saturday, November 4, 2023
We request the use of the lawns and bandstand at Heritage Square Park from 6:00a.m. -8:00p.m. on
Saturday, November 4. The event hours will be from 12:00p.m.-4:00p.m.
A portion of the net proceeds of this event will go towards Santa in the Village and Christmas in the
Village.
The Arroyo Grande Village Association (AGVA) will provide the necessary insurance policy to the
city at least 2 weeks prior to the event. We will also obtain the necessary “Daily License Application/
Authorization” from the Sate of California Department of Alcohol Beverage Control.
AGVA will compensate the City for any extra expenses incurred as agreed upon. We will abide by all
rules and regulations that will be discussed and agreed upon. AGVA will provide and place all
barricades and signs as necessary. The ABC requires that the Heritage Square area be fenced off with
waist high fencing. This will be done by AGVA. Entry areas will be monitored and only persons over
21 years old will be granted admission. AGVA will provide security as approved by the City of
Arroyo Grande Police Department. AGVA will provide Swinging Bridge security as needed.
This is a community event which will be limited to 30 breweries and 15 wineries, plus 3 food
vendors. Attendance will be limited to 700 attendees. AGVA will provide music at the Rotary
Bandstand for the event. Tickets for the event are $65 for general admission and $20 for designated
drivers. There will be two different colored wristbands to differentiate between designated drivers
and general admission tickets.
Thank you for your consideration,
Sincerely,
Krista Bandy, Mindy Calmenson, Laura Beth Amy
Arroyo Grande Village Association
ATTACHMENT 2
Page 163 of 226
Item 12.a.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
SUBJECT: Discussion of Formula Businesses in the Arroyo Grande Village
DATE: October 10, 2023
SUMMARY OF ACTION:
The purpose of this study session is to provide the City Council an opportunity to review
and provide further direction regarding a potential ordinance revision to Section 16.04 of
the Arroyo Grande Municipal Code relating to Formula Businesses.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Revisions to the ordinance require staff and legal counsel’s time to review the ordinance
internally and with stakeholders, prepare staff reports, and present the ordinance to
Council with requisite public hearings and notice. There are no direct fiscal impacts
related to this study session.
RECOMMENDATION:
1) Review staff’s proposed ordinance, receive public comment, and provide direction to
staff; 2) Determine that the study session 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:
Adoption of Original Ordinance
In March of 2005, in response to public comment at a previous hearing, the Council
directed staff to research alternatives regarding formula business restrictions in the
Village commercial area. On April 26, 2005, the City Council held a study session to
discuss alternatives for the regulation of these types of businesses , also called chain
businesses. (see Attachment 2).
The general concern regarding the potential proliferation of formula busin esses was that
they would detract from the character of an architecturally distinct district, hamper the
maintenance of a district with distinct retail personalities, and cause start-up independent
retail businesses to be priced out of the real estate market. Case studies, including a
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University of Wisconsin study of downtown businesses was presented to identify the pros
and cons of regulating formula businesses.
The City Council asked staff to return with a proposed ordinance prohibiting formula
businesses in the vicinity of the Village, and staff returned with a Planning Commission-
recommended ordinance that included the most restrictive regulatory approach out of
several alternatives (see Attachments 3 and 4). The 2005 resolution (Attachment 1)
identified that “the potential proliferation of formula businesses would diminish the unique
character of the VCD and VMU/HCO districts by offering standardization of architecture,
interior design and décor, uniforms and the like, and which are required t o be virtually
identical to other such businesses in other communities” (see Attachment 2). Specifically,
the ordinance prohibited formula businesses in the Village Core Downtown (VCD) and
Village Mixed Use/Historic Character Overlay (VMU/HCO) districts (see graphic below).
Village Core Downtown (VCD) and Village Mixed Use (VMU)
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The ordinance also included the following definition:
“Formula business”. Shall mean a business, limited to retail trade uses and
restaurants, that is required by contractual or other arrangement to maintain
standardized services and the same or similar name, tradename, or trademark which
causes it to be substantially identical to six (6) or more other establishments,
regardless of ownership or location, and which satisfies one of the following two
criteria:
a. It has exterior design or architecture, signs, décor or similar features in a style
which is distinctive to and standardized among the chain or group;
b. It is a fast food restaurant.
This definition consists of retail trade uses and restaurants, and expressly excludes other
uses such as offices and hotels or inns. Additionally, by defining a “formula business” as
a retail establishment having six (6) or more locations, it allows some opportunity for local
start up stores or restaurants to locate in the Village Core Downtown and Village Mixed
Use districts of Arroyo Grande’s Historic Character Overlay zone.
Revisiting the Ordinance
In 2023, the City received an application for a new ice cream shop, Rori’s Artisinal
Creamery (Rori’s), in the Village Core Downtown in the space previously occupied by Doc
Bernstein’s. Rori’s had other locations in California at the time of application and approval,
and staff was tasked with researching whether Rori’s qualified as a “formula business.”
At the time of application and approval of Rori’s, staff identified five other store locations
and therefore concluded that they did not meet the six-location threshold of a formula
business. However, the discussion of formula businesses associated with this application
spurred a conversation regarding whether sit-down chain restaurants with six or more
locations could potentially locate in the Village depending on their style, logo, or design.
On May 23, 2023, as part of Council Communications, the City Council expressed
concerns about whether some formula/chain businesses would be allowed in the Village
based on the existing regulations, and directed staff to review the definition of “Formula
Business” in the municipal code and return with a study session to determine if ordinance
revisions were warranted.
ANALYSIS OF ISSUES:
Per the discussion above, the Municipal Code includes a definition of a formula business
and identifies that these are prohibited in the Village Core Downtown and Village Mixed
Use districts of Arroyo Grande’s Historic Character Overlay zone.
As currently written, the definition of a Formula Business is inclusive of both of the
following:
1. A retail trade or restaurant business, and
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Page 4
2. Is required by contractual or other arrangement to maintain standardized services
and the same or similar name, tradename, or trademark which causes it to be
substantially identical to six (6) or more other establishments, regardless of
ownership or location.
In addition to these two criteria, the definition goes on to say that in order to qualify as a
formula business, the business must meet one of the two following additional criteria:
It has exterior design or architecture, signs, décor or similar features in a style
which is distinctive to and standardized among the chain or group, or
It is a fast food restaurant.
Based on a strict reading of this language, if a business meets the first two criteria and is
a fast food restaurant, it qualifies as a formula business and is prohibited in the Village
regardless of its exterior design or architecture, signs, décor or sim ilar style features. Non
fast-food restaurants (i.e., sit down restaurants) however, could potentially be allowed in
the Village if they met the first additional criteria. In other words, if the non -fast food
restaurant managed to alter its exterior design or architecture, signs, décor or similar
features so that it ceased to be distinctive to and standardized among the chain or group,
it would no longer qualify as a formula business and could be allowed.
Some other communities in Californiahave regulations for formula businesses that appear
more restrictive, which do not have an “out” for chains that are able to change their
exterior design, architecture, signs, and decor. For instance, the City of Sonoma defines
formula businesses as shown below:
City of Sonoma Regulations
“Formula business” is hereby defined as auto parts sales, building material stores,
furniture, furnishings and equipment stores, general retail uses, grocery stores, personal
services, or restaurants, as defined in this section, which a re required by contractual or
other arrangement or affiliation to maintain a standardized (“formula”) array of services
and/or merchandise, menu, employee uniforms, decor, facade design, signage, color
scheme, trademark or servicemark, name, or similar standardized features, which cause
them to be substantially identical to 10 or more other businesses in the United States
regardless of ownership or location at the time that the application is deemed complete.
1. “Standardized array of services” shall be defin ed as a common menu or set of
services priced and performed in a consistent manner.
2. “Standardized array of merchandise” shall be defined as 50 percent or more of in -
stock merchandise from a single distributor bearing uniform markings.
3. “Trademark” shall be defined as a word, phrase, symbol or design, or a
combination of words, phrases, symbols or designs, that identifies and
distinguishes the source of the goods of one party from those of others.
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4. “Servicemark” shall be defined as a word, phrase, symbol or de sign, or a
combination of words, phrases, symbols or designs, that identifies and
distinguishes the source of a service of one party from those of others.
5. “Decor” shall be defined as the style of interior furnishings, which may include but
is not limited to style of furniture, wallcoverings or permanent fixtures.
6. “Color scheme” shall be defined as selection of colors used throughout, such as
on the furnishings, permanent fixtures, and wallcoverings, or as used on the
facade.
7. “Facade” shall be defined as the face or front of a building, including awnings,
looking onto a street or an open space.
8. “Uniform apparel” shall be defined as standardized items of clothing including but
not limited to standardized aprons, pants, shirts, smocks or dresses, hat, and pins
other than name tags) as well as standardized colors of clothing.
9. “Signage” shall be defined as a sign pursuant to SMC Titles 18 and 19.
Another example is the City of Ojai, which defines formula businesses with more of a
menu of choices, as shown below:
City of Ojai Regulations
d) Definitions. “Formula Business” means a type of commercial business
establishment, retail sales or rental activity and retail sales or rental establishment,
including restaurants, hotels and motels, which, along with ten (10) or more other
establishments, maintains two (2) or more of the following features: (i)
standardized array of merchandise or standardized menu; (ii) standardized facade;
(iii) standardized décor or color scheme; (iv) uniform apparel; (v) standardized
signage; or (vi) trademark or service mark; provided, however, a “formula
business” shall not include an automated, standalone vending machine.
1) Standardized array of merchandise” means fifty (50%) percent or more of in -
stock merchandise from a single distributor bearing uniform markings.
2) “Trademark” means a word, phrase, symbol or design, or a combination or
words, phrases, symbols or designs that identifies and distinguishes the source
of the goods from one party from those of others.
3) “Servicemark” means a word, phrase, symbol or design, or a combination or
words, phrases, symbols or designs that identifies and distinguishes the source
of a service from one party from those of others.
4) “Decor” means the style of interior finishings, which may include but is not
limited to, style of furniture, wallcoverings or permanent fixtures.
5) “Color scheme” means selection of colors used throughout, such as on the
furnishings, permanent fixtures, and wallcoverings, or as used on the façade.
6) “Façade” means the face or front of a building, including awnings, looking onto
a street or an open space.
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A third example is the City of Malibu, which followed a more complicated path due to
litigation as shown below:
City of Malibu Regulations
City of Malibu voters had adopted their own formula business ordinance that was
subsequently challenged in court. In 2017, the California appellate court struck down
Malibu’s then-existing “formula retail” ordinance, which had been adopted by its voters,
and which made those formula retail conditional use permits (CUPs) “establishment-
specific.” (The Park at Cross Creek, LLC v. City of Malibu (2017) 12 Cal.App.5th 1196.)
The voter-approved ordinance did not allow those CUPs to be transferred to other
businesses, contrary to the requirement that CUPs run with the land. After that time,
Malibu revised its formula retail ordinance under Chapter 17.61 of the Malibu Municipal
Code. The revised Malibu ordinance requires “formula retail establishments” in shopping
centers to receive a “formula retail clearance,” which is tied to whether the approval would
result in a certain percentage of a shopping center being occupied by such formula retail
establishments.
Under Malibu’s current Municipal Code, formula retail establishments shall not exceed
more than thirty (30) perent of total gross floor area of a shopping center. Malibu defines
a formula retail establishment as: “any type of retail sales activity and/or retail service
activity conducted within a retail establishment which, along with ten (10) or more other
existing, operational retail establishments in the world, maintains two or more of the
following features: (1) standardized array of merchandise or menu; (2) standardized color
scheme; (3) standardized décor; (4) standardized façade; (5) standardized layout; (6)
standardized signage, a servicemark, or a trademark; (7) uniform apparel.” (Malibu
Municipal Code, § 17.02.060.)
Revision of Existing City Ordinance
Staff has determined that if the City Council desires to restrict all chain retail and
restaurants from the Village, similar to the City of Sonoma, one potential revision is to
eliminate the two additional criteria pursuant to the revision below:
“Formula business”. Shall mean a business, limited to retail trade uses and
restaurants, that is required by contractual or other arrangement to maintain
standardized services and the same or similar name, tradename, or trademark which
causes it to be substantially identical to six (6) or more other establishments,
regardless of ownership or location, and which satisfies one of the following two
criteria:
a. It has exterior design or architecture, signs, décor or similar features in a style
which is distinctive to and standardized among the chain or group;
b. It is a fast food restaurant.
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In eliminating the specific additional criteria for fast food restaurants and for similar
design/architecture, the definition of a formula business would be simply inclusive of all
retail and restaurant establishments that have six or more other similar establishments.
The attached draft ordinance language is presented to the City Council as one potential
option. If the City Council is not in favor of the way the language is structured in the draft
ordinance, City staff could consider a different approach to regulating formula businesses
or choose not to move forward at this time. Further review by the City’s legal counsel of
any proposed language may be required based on City Council’s direction.
Next Steps
Feedback obtained from the City Council at the study session will dictate whether an
ordinance revision will proceed through the regular consideration and adoption process.
Any proposed revision will require legal review and move through th e regular Code
adoption process for a change to City’s Development Code. In the event that Council is
supportive of the presented ordinance language or proposes other new language, staff
will refine and present the draft to Planning Commission at a future meeting for a
recommendation to Council for adoption. Alternatively, City Council may seek to not move
forward with ordinance revisions at this time.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Identify a preferred version of the draft ordinance and direct staff to proceed in
refining and presenting to the Planning Commission for a recommendation
hearing; or
2. Request that staff revise the draft ordinance language as directed, then proceed
to Planning Commission for a recommendation hearing; or
3. Do not direct staff to proceed with revisions to the ordinance at this time; or
4. Provide other direction to staff.
ADVANTAGES:
Revisions to the ordinance will strengthen the regulatory requirements for formula
businesses, ensuring that the architectural design and style of the Village are preserved.
DISADVANTAGES:
The ordinance revision would require staff time and resources for processing.
ENVIRONMENTAL REVIEW:
The study session is not a project subject to the Ca lifornia Environmental Quality Act
(“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable
indirect, physical change in the environment. Adoption of any ordinance revisions
regarding formula businesses will require environmental review at the time it is considered
formally, and will be noticed accordingly (State CEQA Guidelines, §§ 15060, subd. (b)(2)-
(3), 15378.) Alternatively, the study session is exempt from CEQA on the basis that it
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can be seen with certainty that there is no possibility that the activity in question may have
a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).)
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. 2005 Formula Business Ordinance Resolution
2. April 26, 2005 City Council Staff Report
3. August 9, 2005 City Council Staff Report
4. August 23, 2005 City Council Staff Report
Page 171 of 226
ORDINANCE NO. 570
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL
CODE CHAPTERS 16.04 AND 16.36 OF TITLE 16 TO DEFINE
FORMULA BUSINESSES AND RESTRICT FORMULA
BUSINESSES IN THE VILLAGE CORE DOWNTOWN AND
VILLAGE MIXED USE/HISTORIC CHARACTER OVERLAY
DISTRICTS (DEVELOPMENT CODE AMENDMENT 05-009)
WHEREAS, the City Council adopted the updated General Plan which became effective
October 9, 2001 and requires preservation of the City's unique identity and rural character;
and
WHEREAS, the City Council amended Title 16 of the Municipal Code (Development Code)
in 2003 and 2004 for Mixed Use and Commercial districts to implement policies in the
General Plan and establish regulations to encourage the specific character of each zoning
district, including the Village Core Downtown (VCD) and Village Mixed Use (VMU) districts
that are within the City's Historic Character Overlay District 0-2.4 (HCO).
WHEREAS, the HCO is intended to "identify, promote, preserve and protect the historic,
cultural, and/or architectural resource values and encourage compatible uses and
architectural design".
WHEREAS, the VCD and VMU districts have historical architecture and small
individualized shops and restaurants, that provides an important destination for both
tourists and members of the community; and
WHEREAS, the continued vitality of the City's economy is dependent upon tourism and
upon the ability of the City's historic district to attract both residents and visitors; and
WHEREAS, the City has a responsibility to assure adherence to the General Plan and
Development Code in meeting the needs and desires of the residents and the community
and preserve the characteristics which make the City unique and desirable as a place in
which to live and which to visit,' and prevent the loss of the rural and historical character
that is a particular resource of the VCD and VMU districts; and
WHEREAS, the potential proliferation of "formula" businesses may diminish the unique
character of the VCD and VMU districts by offering standardization of architecture, interior
design and decor, uniforms and the like, and which are required to be virtually identical to
other such business in other communities; and
WHEREAS, the Planning Commission of the City of Arroyo Grande considered Development
Code Amendment 05-009 at a duly noticed public hearing on July 5, 2005 in accordance with
the Development Code of the City of Arroyo Grande, made revisions, and recommended
approval to the City Council; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearing of July 26, 2005, Planning Commission
ATTACHMENT 1
Page 172 of 226
ORDINANCE NO. 570
PAGE 2
recommendations, staff reports, and all other information and documents that are part of the
public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. The proposed amendments to Title 16 of the Municipal Code are consistent with the
goals, objectives, policies and programs of the General Plan since the goal of the
Land Use Element and Economic Development Element is to promote the
development of a well balanced and functional mix of land uses and to ensure that.
development in the City is consistent with the City's character and image. The
proposed amendment is necessary and desirable to implement the provisions of the
General Plan by maintaining the development and identity of the City's small-town
rural character specifically in the historical and agricultural setting of the Village
Downtown Core and Village Mixed Use districts that are within the City's Historic
Character Overlay district.
B. The proposed amendments to Title 16 of the Municipal Code would include a new
land use category, "formula businesses". and specify which districts such
businesses are permitted and the level of permit review required. Formula
businesses" are proposed to be prohibited in the VCD and VMU/HCO (0-2.4)
combining district in order to preserve the historic character of the downtown portion
of the Village.
C. The proposed amendments to Title 16 will not adversely affect the public health,
safety, and welfare or result in an illogical land use pattern since the development of
retail establishments that conflict with the character of the City's historic district, and.
that are out of scale in relation to the current pattern of development in such districts
creates a threat to the public health, safety, and general welfare by threatening the
character.
D. The proposed amendments to Title 16 of the Municipal Code are consistent with the
purpose and intent of Title 16, specifically, Sections 16.36.020(C), 16.36.020(0) and
16.36.020(J) pertaining to the VCD, VMU and Historic Overlay Districts.
E. The City has conducted environmental review for adoption of an ordinance amend
Chapters 16.04 and 16.36 of the Municipal Code, and has found that it can be seen
with certainty that there is no possibility that the proposed amendments will have an
effect on the environment and therefore this p'roject is exempt from the provisions of
CEOA, pursuant to CEOA Guidelines Sections 15378, 15061 (b)(3), 15183,15305,
and Public Resources Code section 21 083.3(e) for the following reasons:
1. Under CEOA Guidelines Section 15061 (b)(3), CEOA review is not required because
there is no possibility that this Ordinance may have a significant effect upon the
environment.
Page 173 of 226
ORDINANCE NO. 570
PAGE 3
2. Under CEOA Guidelines Section 15378, the proposed amendments are not a project
under CEOA because they will not cause a "direct physical change in the environment"
and will not authorize any specific development activity.
3. Any potential indirect secondary impacts of the proposed amendments on the
physical environment are speculative and are not reasonably foreseeable, and are,
therefore, not subject to review under CEOA.
4. There is no substantial evidence that the proposed amendments will have the
potential to cause a significant impact upon the environment.
5. There is no substantiated opinion or reasonable argument to determine that the
proposed amendments will cause impacts that are subject to review under CEOA.
6. The proposed text amendments constitute a minor alteration in a land use limitation
under CEOA Guidelines Section 15305, and such a land use limitation is a permissible
exercise of the city's zoning powers.
7. There are no unusual circumstances that would necessitate CEOA review.
8. Under CEOA Guidelines Section 15183 and Public Resources Code section
21083.3(e), the proposed regulations are consistent with the City of Arroyo Grande
General Plan. The following General Plan policies support adoption of the ordinance:
Objective LU6- The Historic Village Core (VC) area shall be sustained, enhanced
and expanded as the symbolic, functional and unique business center of the City,
with diverse mixed uses emphasizing pedestrian-oriented activities and providing
for the needs of residents and tourists.
Policy LU6-1 - Designate the historic downtown area as Village Core (VC). The
primary purpose of the area designated VC is to provide for the continuation and
development of commercial, office, residential, recreational and community facility
land use types that reflect and are compatible with the historic, small town nature of
the original Arroyo Grande Village area.
Policy ED2-4 - Continue to balance economic goals with strong policies and
programs that promote and maintain the community's environment, quality of life,
and rural character.
Policy ED4-4 - Maintain and enhance the Village Core as a focal point for civic and
tourist activities
Implementation Policy ED4-1.5 - Work with the Village Improvement Association to
preserve its historic function as theCity's commercial and cultural center.
Implementation Policy ED7-1.2 - Establish clear City standards and thresholds of
acceptability for new developments.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as
follows:
Page 174 of 226
ORDINANCE NO. 570
PAGE 4
SECTION 1: The above recitals and findings are true and correct.
SECTION 2: Arroyo Grande Municipal Code Section 16.04 is hereby amended by adding the
following definition to Section 16.04.070(C): '
F-
Formula business". Shall mean a business, limited to retail trade uses and restaurants,
that is required by contractual or other arrangement to maintain standardized services and
the same or similar name, tradename, or trademark which causes it to be substantially
identical to six (6) or more other establishments, regardless of ownership or location, and
which satisfies one of the following two criteria:
a. It has exterior design or architecture, signs, decor or similar features in a style
which is distinctive to and standardized among the chain or group:
b. It is a fast food restaurant.
SECTION 3: Arroyo Grande Municipal Code Table 16.36.030(A), subsection D. Retail Trade
is hereby added to include the following land use categories:
Table 16.36.030iA)
D. RETAIL TRADE
Land Use IMU TMU VCO VMU GMU FOMU HMU OMU RC Specific
0-2.11 (02.20) Use
HCO 0-2.4) Standards
Formula Permit NP NP Permit required as identified bv
business required as For D - underlvinq land use
identified 2.4
lY
underlvinll
land use
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not
affect the validity of the remaining portion of this Ordinance or any part thereof. The City
Council hereby deqlares that.it would. have passed each section, subsection, subdivision,
paragraph, sentence, or clause thereof, irrespective of the fact that anyone or more section,
subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional.
SECTION 5: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
of the proposed Ordinance shall be posted in the office of the Director of Administrative
Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary
with the names of those City Council Members voting for and against the Ordinance shall
be published again, and the Director of Administrative Services/City Clerk shall post a
certified copy of the full text of such adopted Ordinance.
SECTION 6: This Ordinance shall take effect thirty (30) days after its adoption.
Page 175 of 226
ORDINANCE NO. 570
PAGE 5
On motion by Council Member Costello, seconded by Council Member Dickens, and by the
following roll call vote to wit:
AYES: Council Members Costello, Dickens, Guthrie, Arnold, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 23rd day of August 2005.
Page 176 of 226
ORDINANCE NO. 570
PAGE 6
T6NY~
ATTEST:
IW.-
RE, CITY CLERK
APPROVED AS TO CONTENT:
Y--::',~_,/ ."
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
Page 177 of 226
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 570 which was
introduced at a regular meeting of the City Council on August 9, 2005; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 23rd day of August 2005; and was duly published in accordance:
with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th
day of August 2005.
Page 178 of 226
11.a.
MEMORANDUM
TO: CITY COUNCIL
ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~SFROM:
BY: TERESA MCCLISH, ASSOCIATE PLANNER~(..
oo
SUBJECT: CONSIDERATION OF ALTERNATIVES FOR THE REGULATION OF
FORMULA BUSINESSES IN THE CITY OF ARROYO GRANDE
DATE: APRIL 26, 2005
RECOMMENDATION:
It is recommended the City Council consider altematives for the regulation of formula
business and direct staff accordingly.
FUNDING:
No funding impact.
DISCUSSION:
On March 8111, in response to public comment at the City Council hearing of February 22,
2005, the Council directed staff to research alternatives on formula business restrictions in
the Village commercial area.
Staff recently attended a seminar on formula business regulation at the national
conference of the American Planning Association. There are several cities that have
recently drafted ordinances that range in regulatory approach from strict 'prohibitions to
restrictions on the type, number or location of formula businesses. Formula businesses,
more commonly known as "chain stores" operate in an extremely standardized manner
where all outlets maintain the same merchandise, fa~de, decor and color schemes,
employee apparel and signage and trademarks. Although, formula businesses can
include commercial services, such as banks, most cities that have approved regulations
for formula business have drafted their definitions toward formula retail uses. The
attachments include some information and illustration of how other jurisdictions are
addressing formula businesses.
The concem regarding the potential proliferation of formula businesses is that it may
detract from the character of an architecturally distinct district, hamper the maintenance of
a district with distinct retail personalities. and cause start-up independent retail businesses
to be priced out of the real estate market (due to an ability to absorb larger startup costs,
pay more for lease space and commit to longer lease contracts). However there are
ATTACHMENT 2
Page 179 of 226
CITY COUNCIL
CONSIDERATION OF ALTERNATIVES TO REGULATE FORMULA BUSINESSES
APRIL 26, 2005
PAGE 2
serious concems about conflicts with state and federal statutes on equal protection and
fair economic commerce.
There are several ways to achieve protection for the preservation of distinct districts,
particularly districts with a historic character, without being discriminatory in the application
of regulations on formula businesses. The first is to define the formula business to ensure
that the use itself will not conflict in character with established neighborhood uses.
Definitions can include businesses that require a feature such as a drive-through, or
require a certain building size or frontage to operate. Definitions can also include the type
and magnitude of standardization of services, merchandise, menus, architecture, signage,
etc. A formula business can be defined by the total number of its stores or franchises.
How a formula business is defined is an important determination of how they are
regulated. Attachment 1 includes general information on how formula businesses are
regulated in other communities in Califomia, and it's important to note that each jurisdiction
defines formula businesses very differently. The definitions are generally intended to
carefully distinguish formula businesses so other businesses. are not inadvertently
discouraged or made nonconforming. For example, a definition including "food service
with paper products" may equate a formula fast food restaurant with an independently
owned and operated deli.
Secondly, prohibiting formula businesses only in areas of sensitive architecture and
character may ensure the preservation of certain districts and allow such businesses in
other areas of the City.
Thirdly, procedural requirements can ensure a heightened review for formula businesses.
A conditional use permit can be required for processing formula business applications to
ensure appropriate noticing, public hearing and opportunity for public comment.
A fourth regulatory approach is to include specific use standards, or performance criteria,
to ensure that a formula business fits within a neighborhood district. Such standards may
include size restrictions and dimensional requirements.
A fifth regulatory tool is the requirement of findings specific to formula businesses on which
the decision making body can base its decision. For example, findings may be based on
an appropriate mix of businesses and/or preservation of the atmosphere of a district.
Lastly, regulations can limit the number or concentration of formula businesses in a City or
district.
In an effort to ensure that the City continues to have, and may improve upon, both a
diverse retail base and unique neighborhood-oriented mixed use districts, the Council may
wish to consider the following altematives addressing the potential proliferation of formula
S:ICOMMUNITY _DEVELOPMENTlPROJECTSISTAFFl042605 Form bus.doc
Page 180 of 226
CITY COUNCIL
CONSIDERATION OF ALTERNATIVES TO REGULATE FORMULA BUSINESSES
APRIL 26, 2005
PAGE 3
businesses in the City of Arroyo Grande.
ALTERNATIVES:
The following altematives are provided for Council consideration:
1. Direct staff to prepare an ordinance amending Title 16 (the Development
Code) defining and regulating formula businesses by:
a) prohibiting formula businesses in the Village Core Downtown (VCD) and
Village Mixed Use (VMU) districts;
b) restricting formula businesses in the VCD and VMU districts by requiring
conditional use permits, special findings and application of specific use
standards;
c) limiting the number of formula businesses in the VCD and VMU districts;
or
d) restricting and limiting the number of formula businesses in the VCD and
VMU districts (sections "b" and "c" above).
2. Modity Altemative 1 and direct staff in the preparation of an ordinance
amending the Development Code defining and regulating formula businesses.
3. Require no further action.
Attachments:
1. Information from the Califomia Downtown Association regarding how other
jurisdictions regulate formula businesses
2. Photos excerpted from a presentation given at the American Planning
Association national conference depicting formula businesses designed to fit in
a historic district
3. An example ordinance from San Juan Bautista, CA
I
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ATTACHMENT 1
Communities Act to Retain Local Flavor
Defining Your District: Formula Business Restrictipn~ By Stacy Mitchell
As downtown managers and business recruitment specialist~ Current Formula Business Ordinances in
struggle to attract and retain an ideal mix of stores, restaurants and California
entertainment venues, there is an inherent conflict in an effort to Arcatamain/ain'Q sense afplace - per~aps historic. perhaps modern-but
in any case unique-while attracting "fonnu/a" businesses that are In June 2002, the city cif Arcata, California,enacted
widely popular and sure to attract much desired foot traffic. \ the following ordinance, which limits the number of fannula
The following article, reprinted with permission from The restaurants in the city to no more.than nine at anyone time.
Hometown Advantage. (WWK'.newrules.org/retail) cites several The community currently has nine fonnula restaurants. If .
examples of California communities that are successfully protecting one closes, the ordinance allows another fonnula rest~urant
their bUsiness districts from becoming ju.stanother cookie-cutter strip to takdts place.) A fonnula restaurant is defined as one that
of chains restaurants and national retail franchises. shares the same design, menu, trademark, and other.
characteristics with twelve or more.other establishments.
Formula Business Restrictions
Fonnula businesses include retail stores, restaurants. Calistoga
hotels and other establishments that are n,quired by contract to n 1996, the town of Calistoga, California enacted an
adopt standardized services, method~ of operation, decor, ordinanc.e that prohibits fonnula restaurants and visitor
unifonns, architecture or other features virtually identical to accommodatiogs, and requires that other fonnula businesses
busine.sses located in other communities. undergo review and apply for a special use permit from the
Several communities have banned certain types of Planning Commission. The city council concluded that
fonnula businesses. These laws do not prevent a chain store regulating fonnula businesses was necessary to preserve the
from coming in, but they do req\lire that the incoming chain unique character of Calistoga 's downtown commercial
not look or operate like any other branch in the country. This district, including "regulating the aspect of businesses. . .
has proved a significant deterrent to chains, which generally that is reflective of the history apd people of the
refuse to veer from their standardized, cookie-cutter approach. community."
Several cities have prohibited fonnula rest~urants, but
not other types of fonnula businesses (In California: Cannel, CarmeFby-the-Sea
Pacific Grove, Solvang). Others (Calis toga, Coronado, and This small city in the mid-I 980s became the first town
San Francisco) have placed restrictions on fonnula retail stores in the country to enact a formula restaurant ban, which
as well. prohibits fast food, drive-in and fonnula food
Rather than banning fonnula businesses entirely, some. establishments. ]n C8lJfIe! a business is considered a fonnula .
communities have capped their number. Arcata, for example, restaurant if it is "required b):: contractual or other
allows no more than nine fonnularestaurants in the city at any arrangements to offer standardized menus, ingredients, food
one time. preparation, employee unifonns, interior deCor, signage or
Most of these ordinance apply citywide, but they may exterior design," or "adopts a name, ap~a.raD.ce or food
also be written to cover only a specific area within the presentation fonnat which causes it to be substantially
cottununity, such as a historic downtown district. identical to another restaurant regardless of ownership or
San Francisco. the only large city with a fonnula location."
business ordnance, has chosen to take a neighborhood-by-
neighborhood approach. Under the law, whenever a fonnula Coronado
retail business applies to open, residents in the surrounding This city. of 20,000 in southern California has two
neighborhood are notifi~d. They have the option of re~uesting
zoning ordinances that lintit fonnula businesses. A fonnula
a public heanng and subjecting the applicant to additional business is one that is required by contractual or other
scrutiny. The ordinance allows for varying !legrees of
arrangement to maintain a standardized array of services or
regulation in each neighborhood. Some have banned fonnula
merchandise, and standardized architecture, unifonns, logos,businesses entirely. Others neighborhoods may petition the city decor, etc. Coronado has a fonnula.restaurant ordinance and
to allow fonnula businesses without notification.
a fonnula retail ordinimce.
These ordinances have been upheld in court. See the
June 2003 California Appeals Court decision upholding Pacific GroveCoronado's fonnula business ordinance.
City Code forbids any permits for food establishments
CDA edt/cares ollr members on trends, issues and topics affecting that have the following characteristics: specializes in short
Pllsiness districts. By publicizing a particular resource or organization, the order or quick service food service, fOod is served primarily
board is not endorsing.speciftc practices or political positions, unless in paper, plastic or other disposable containers, customers
otherwise stated. may easily remove food or beverage products from the food
I Page 182 of 226
service establishment fOl'consumption, and it is a formula Why Support Locally Owned
food service establishment required by contractual or other
arrangements to operate with standardized menus, ingredients, Businesses?
food preparation, architecture, decor, uniforms, or similar
Local Character and Prosperitystandardizedfeatures.
In an increasingly homogenized world, communities that preserve their
San Francisco
one-of-a-kind businesses and distinctive ch8!RCter have an economic
advantage.
San Francisco's Formula Business CommUDity WeD-Being
Ordinance adds formUla businesses to
H.,l)'lTbe Institute for ~~~~~;~ ..
Locally owned businesses build
the list of uses that require strong communities by
neighborhood notification under city i:d:(~~~
R~org),propose5 a~~~~.~W'_
i::"'~;'C'
sustaining vibrant town centeIOS.
law. Residents will be notified cOmmJ,1Il!ty by supporting hUlIUUIIysealedpq/i. linking neighbors in a web of
whenever a formula retail business economtcs. The ru1~ call for. :,':' ','.:J]!_;, . economic -and soci!ll
J., -,':-"~'::':;-: ' ,- -,:\-:,<<.' ,";;~\~' relationships, and contributing
applies to open in their neighborhood. Decisions made by those,."",:" .
J',,,~,/ to local causes. .
They will then have the option of wb6'~Jeel the iinpact of those :.:' ,:: ':;i
Local DecIsion-MakIng
requesting a public hearing and
decis{o~: .'_ ",.>.,; ",.;;
Local ownership ensures that.
subjecting the applicant to a list of
C~mmuni~es tlCCep~~~,:(.\~;
important decisions are made
fes~bilit)' for the welfare of. ';::~:;';,.7~;'
criteria. in addition, formula retailers ro; locally by people who live in
their:~e~bers and for the next ,~'~:~f,j<
are banned entirely from the four-block ge~~~~-, .:::':":"~');?'f';~~:)-:~~~?~~ . the community and who will
Hayes Valley business district and are
feel the impacts of those,
i,Households and ,._"':'-<:;"":;~:')'_;<{;!',~
decisions.
automatically required to undergo a . co~~'ti~s Possessing or ~~~.~~ffi~i~'~(~_
KeepIng DoUars in the
hearing and review in the Cole Valley apaC':tytogenerate.real wealth.,. ..' : ,::-::;,'~_::',:,;;:,/"( ,
neighborhood. Y,\:\~TI~- Local Economy
These are the principlesc~t.~,~w!lPF'~~:~ Compared to chain stores,
Sausallto
Upt:m,~l()~gin Viewing our co~\11\i~s~",,,.. ' locally owned businesses
only ~.pl~ces of residence. re<;r~t!~I),'jIfu!'~~Ji ',' recycle a much larger share of
The city has determined that preserving thai' n#tC active an~ infonncil'i~~_~~~
l~:-~ their revenue back into/the 10cal
a balanced mix oflocal, regional, and p~~Ye~a!,ocity t?genera~~;~~~.~~;" , economy, enriching !he whole
to ~o"'~thetrown lives._ ,-;:'::;,:\i\~~_\?~;~~L~;f'S'(~
nationalcbased businesses and small iAi1 human societies are~oV~\)yfui~i' .
community.
and medium sized businesses will beart o,f this web site is a growing $to~use .Of~,
f. Job and Wages
maintain and promote the long-term and1oCA1economY~Quilding'iUfes'~faws.!7:nr' ~;',' Locally owned businesSes create
oi'di~&::s':' because'these are ibe~ltdD<<1~~'tt~' more jobs locally and, in some
economic health of visitor-serving
4i;~wn .. Adva~tage .2t;;~"f'~~J~h"c\!;~rtc
CC!Ors, provide better wages
businesses and the co~unity as a and benefits than chains do.
whole. Therefore, the over- Entrepreneurship
concentration of formula retail
Ret~l};~:,!,,~ere business ~e~~::,~?~.~;~;~<?~:~~:l_~, Entrepreneurship fuels
en.~erp9~_eJ1leets'c~'!1muDl~y"W,~~_~9,}h~:;~~\U ...
businesses will not be allowed, and all the -c;~t(~c;tion, processing,' IIJ~~fa:~~rj,~.;~~ America's economic innovation
permitted formula retail establisbments anClO(~isir:ib~tion chain cu)min~t~!r:~W._ sal~,'; and prosperity, and serves.as a
shall create a unique visual appearance
cu~o~ei..--The Hometown_ A4~~:ia_~_e:_i~iti~: key means for families to move
that reflect and/or complement the retaU-;~tion of the_,New '~til~~,;~~j\~t..,'},{~~;.. out of low-wage jobs and into'
an(t~~~s that. communities ~.'~$_\~gfto,J~~" the middle class.
distinctive and unique historical ownership of retail and a ni9fe:~~~I1_~~,~te]l~~: PubUc Benefits and
character of SausaIito, and that no such
i!,:'.."?~f,;ceand. place. )~c:,J,,1]t'd~;i;]~1 Cosis
establishment shall project a visual Local stores in town centers
appearance that is homogenous with its require comparatively little
establishments in other.communities. infrastructure and make more efficient use of public services relative to
big box stores and strip shopping malls.
Solvang Environmental Sustalnability
Local stores help to sustajn vibrant, compact, walkable town centers-
The Land Use Element of the City's General Plan provides that a
which in turn are ,essential to reducing sprawl, automobile ~, habitat
key issue identified in the proces~ of preparing the General Plan loss, and air and water poll.ution.
was to maintain the image of Solvang as a ~mall-town village in Competition
an open space/agricultural setting. This unique character would A marketplace of tens of thousands of small bUsinesses is the best way to
be adversely affected by a proliferation of "fonnula restaurants" ensure innovation- and low prices over the long-term. ,/
which are required by contractual or other arrangements to be Prodnct Diversity
virtually identical to restaurants in other communities as a result A multitude of small businesses, each selecting products based, not on a
of standardized menus, ingredients, food preparation, decor, national sales plan, but on their own interests and the needs of their loc~
uniforms and the like. Therefore, the City Council finds that in customers, guarantees a much broader range of product choices.
order to preserve the charac.ter of the Village, it i~ reasonable and
I
E.'l:cerpted from 10 Reasons Why Vermont's Homegruwn Economy Matters and t
necessary to adopt this ordinance which would preclude the 50 Proven Ways to Revive It, written by Stacy Mitchell of the Institute for Local I
development of new formula restaurants in the Village. Self.Reliance and published by Ihe Preservation Trust of Vennont.)
5Page 183 of 226
ATTACHMENT 2
11
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y,,--.,----;O- !
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Page 184 of 226
17
n
Page 185 of 226
ATTACHMENT 3
Formula Business Restrictions - San Juan Bautista, CA
In 2004, San Juan Bautista, CA, a village of 1,700 people 45 miles south of San Jose,
adopted the following ordinance, which bars all fonnula retail stores and restaurants, and
all stores over 5,000 square feet.
More:
City of San Juan Bautista, CA Home Page
ORDINANCE 2004-06
AN ORDINANCE ESTABLISHING A BAN ON THE APPROVAL OF NEW
LARGE-SCALE RETAIL BUSINESSES OR NEW FORMULA RETAIL AND
RESTAURANT BUSINESSES WITmN THE CITY OF SAN JUAN BAUTISTA
THE CITY COUNCIL ORDAINS AS FOLLOWS:
SECTION 1: The City Council finds and determines the following:
A. The continued vitality of the City's economy is dependent upon tourism, and upon the
ability of the City's commercial and historic districts to attract both residents and visitors.
B. Preservation of the existing character and scale of the City's commercial and historic
districts is vital to the continuation of the City's ability to attract tourism and other
visitors.
C. Preservation of the existing character and scale of the City's commercial and historic
districts is also important to maintain the distinctive small town charm and character
enjoyed by current residents.
D. The development of retail and commercial establishments that conflict with the
IcharacteroftheCity's historic and commercial districts, and that are out of scale in
relation to the current pattern of development in such districts creates a threat to the
public health, safety, and general welfare by threatening the character of the City's
commercial and historic districts and their continued economic vitality.
E. Large-scale retail business and fonnula retail or restaurant business developments
conflict with the existing character and scale of the City's historic and commercial
districts and, therefore, pose a threat to the City's ability to attract tourists and other
visitors and thereby maintain a vital economy.
Page 186 of 226
F. A decline in the vitality of the City's commercial and historic districts will cause a loss
of employment opportunities for small business owners and employees who are residents
of the City and the surrounding region.
SECTION 2: The following definition is added to Section 11-1-100 of the San Juan
Bautista Municipal Code to read as follows:
LARGE-SCALE RETAIL BUSINESS DEVELOPMENT. A development that is
proposed to consist of any structure designed to accommodate an occupancy of greater
than 5,000 square feet by anyone retail establishment. This definition does not include
service and community establishments, including, but not limited to, banks, insurance
brokerages, real estate brokerages, health centers, governmental uses, cornmunity centers,
theaters, religious or ftatema1 uses, and similar establishments. A proposed development
where retail sales are an incidental or accessory use to the primary use is not included
within this definition."
SECTION 3: The following defmition is added to Section 11-1-100 of the San Juan
Bautista Municipal Code to read as follows:
FORMULA RETAIL OR RESTAURANT BUSINESS DEVELOPMENT. A retail,
restaurant, or fast-food business that is required by contractual or other arrangement to
maintain standardized services, merchandise, menus, ingredients, food preparation,
uniforms, decor, logos, architecture, signs, or similar features."
SECTION 4: The following new Section 11-12-200 is added to the San Juan Bautista
Municipal Code to read as follows:
SECTION 11-5-315: USES NOT PERMITTED IN ANY DISTRICT.
The following uses are not permitted in any district:
A. Large-Scale Retail Business Development
B. Formula Retail or Restaurant Business Development."
SECTION 5: Environmental Determination. The City Council determines that the
following findings reflect the independent judgment of the City Council. The City
Council finds that this Ordinance is exempt ftom the Califomia Environmental Quality
Act (CEQA) under CEQA Guidelines 15378, 15061(b)(3), 15183, 15305, and Public
Resources Code section 21083.3(e) for the following reasons:
1. Under CEQA Guidelines Section 15061(b)(3), CEQA review is not required because
there is no possibility that this Ordinance may have a significant effect upon the
environment.
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2. Under CEQA Guidelines Section 15378, the proposed amendments are not a project
under CEQA because they will not cause a "direct physical change in the environment"
and will not authorize any specific development activity.
3. Any potential indirect secondary impacts of the proposed amendments on the physical
environment are speculative and are not reasonably foreseeable, and are, therefore, not
subject to review under CEQA.
4. There is no substantial evidence that the proposed amendments will have the potential
to cause a significant impact upon the environment.
5. There is no substantiated opinion or reasonable argument to detennine that the
proposed amendments will cause impacts that are subject to review under CEQA.
6. The proposed text amendments constitute a minor alteration in a land use limitation
under CEQA Guidelines Section 15305, and such a land use limitation is a permissible
exercise of the city's zoning powers.
7. There are no unusual circumstances that would necessitate CEQA review.
8. Under CEQA Guidelines Section 15183 and Public Resources Code section
21083.3(e), the proposed regulations are consistent with the San Juan Bautista General
Plan. The following General Plan policies support adoption of the ordinance:
Policy L-16 - Commercial development outside of the Downtown area must be planned
in a manner which complements Downtown businesses and does not compromise its
position as a center of community life.
Policy L-21 - Support the development ofland at the western and eastern "gateways" to
Downtown with mixed uses that convey a positive image of the City to residents and
visitors. Appropriate uses would include specialty retail stores, restaurants, galleries and
studios, offices, craft shops, "cottage" industry, live-work projects, home occupations,
and similar uses. Inappropriate uses would include large-scale auto "malls" and repair
establishments, drive-though restaurants, big box retailers, and storage yards.
Policy L-23 - Support existing small and locally-owned businesses in San Juan Bautista.
Small "mom and pop" businesses - and an absence oflarge "chain" stores - are a
distinguishing element of San Juan Bautista. These businesses employ local residents,
provide sales tax revenue, provide goods and services, and contribute to a sense of
tradition and community. Some of the town's small businesses provide a visible link to
the past and area reminder of an earlier period in California living. These establishments
provide the backbone of the CitY's commercial district and should be supported in the
future. They are an important part of why tourists come to San Juan Bautista.
Policy L-24 - Support the establishment of new tourist-oriented businesses that are
consistent with the town's role as an historic center, an arts and cultural center, an
n.____....__
Page 188 of 226
agricultural center, and a showcase of Early California living. While future tourist
development is encouraged, it must be consistent with the City's character and history.
New visitor-serving uses should convey a positive image of the City. Uses which convey
a cheap, tacky, or overly commercialized image should be discouraged. Adoption of the
Ordinance would prohibit the location oflarge-scale retail stores and formula franchise
businesses, consistent with these policies.
SECTION 6: Effective Date. This Ordinance shall take effect 30 days after its final
adoption by the City Council.
SECTION 7: Expiration of Moratorium. Interim Urgency Ordinance 2003-02 shall be of
no further force and effect upon this Ordinance 2004-06 taking effect as provided in
Section 6 of this Ordinance.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of San Juan Bautista this 16th day of November, 2004 by the following vote:
AYES: Rowe, Reed, Hill, Medina, Geiger
NOES: None
ABSENT: None
ABSTAIN: None
Copyright 1999-2005 - Institute for Local Self-Reliance
The New Rules Project - hltp:/Iwww.newrules.org/
Page 189 of 226
MEMORANDUM
I TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~
BY: TERESA MCCLISH, ASSOCIATE PLANNER4ot.--
SUBJECT: CONTINUED PUBLIC HEARING - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARROYO
GRANDE MUNICIPAL CODE CHAPTERS 16.04 AND 16.36 OF TITLE
16 TO DEFINE FORMULA BUSINESSES AND RESTRICT FORMULA
BUSINESSES IN THE VILLAGE CORE DOWNTOWN AND VILLAGE
MIXED USE/HISTORIC CHARACTER OVERLAY ZONING DISTRICTS
DEVELOPMENT CODE AMENDMENT 05-009)
DATE: AUGUST 9, 2005
I
RECOMMENDATION:I
I It is recommended the City Council introduce an ordinance to amend Title 16, definingi
I and regulating formula businesses in the Village Core Downtown (VCD) and Village
Mixed Use (VMU) districts within the Historic Character Overlay (D-2.4).
I
FUNDING:I
No funding impact.
DISCUSSION:
BackQround
On March 8, 2005, in response to public comment at the City Council hearing of February
22, 2005, the Council directed staff to ~esearch alternatives on formula business
I restrictions in the Village commercial area. Staff reported alternatives to the Council on
I April 26, 2005. The Council asked staff to .return with a proposed ordinance prohibiting
I formula businesses in the vicinity of the Village. The item was originally advertised for the
City Council's public hearing on July 26, 2005; however, it was continued to allow for
additional noticing. Several community members did speak both in favor and against the
proposed ordinance prior to the item being continued.
I
As previously reported, the general concern regarding the potential proliferation of
I formula businesses (which may include chain stores and franchises) is that they may
detract from the character of an architecturally distinct district, hamper the maintenance
of a district with distinct retail personalities, and cause start-up independent retail
businesses to be priced out of the real estate market (due to an ability of formula
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ATTACHMENT 3
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CITY COUNCIL
DCA 05-009: REGULATION OF FORMULA BUSINESSES
AUGUST 9, 2005
PAGE 2
businesses to absorb larger startup costs, pay more for lease space and commit to
longer lease contracts).
The following is a general list of the pros and cons of the presence of chain stores in a
downtown area (according to a University of Wisconsin publication "Let's Talk
Business", November 2001):
Chains signal opportunity presence cause loss of community
shows other retailers that downtown is
successful and suggests economic
opportunity)
Chains have a higher success rate Chains may threaten independent
businesses
Chains generate increased Chains may detract from a market niche or
shopping/dining in the vicinity community theme by selling standardized
products and services
Chains may force improved and renewed Chains reduce the re-circulation of profits
business practices within the community
Chains make good neighbors by investing Incompatible building designs
in physical improvements
The Historic Character Overlay (HCO D-2.4) combining district that encompasses all of
the VCD district and a portion of the VMU district is distinctive due to its historic
character, preserved both by policy in the General Plan and regulations in the City's
Development Code. In addition to a distinct architecture substantiating and
emphasizing the rich agricultural heritage and small town historic "Main Street" of the
Village, it is the lack of formula businesses that contributes to the unique character of
the VCD and VMU districts and differentiates the Village from most other downtowns
across the country.
Conversely, it can be argued that formula businesses are a draw to any downtown,
increasing the numbers of visitors, and thus commerce, and consequently the vibrancy
of the downtown area. However, given the small geographic area and distinct and
I western/agrarian character of the Village districts, and given the policies of the General
Plan's Land Use and Economic Development Elements and the intent of Chapter 16.36
for the VCD and VMU districts, there is a clear long term priority to ensure that the
vibrancy of the Village is not muted by the eventual propagation of formula businesses.
Planninq Commission
The Planning Commission reviewed an ordinance to restrict formula businesses in the
Village Core Downtown (VCD) district on July 5, 2005 (Please see draft minutes in
Attachment 1). Also presented at the public hearing were four alternatives ranging from
the least regulatory approach to the most restrictive, following direction from the City
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CITY COUNCIL
DCA 05-009: REGULATION OF FORMULA BUSINESSES
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PAGE 3
Council for the Commission's consideration. Present at the hearing were
representatives from the Chamber of Commerce, which opposed the ordinance.
Additionally, several representatives from the community spoke both in favor and in
opposition of the regulation of formula businesses in the Village. The proposed
ordinance for City Council consideration is the fourth, and the most restrictive
alternative, considered and recommended by the Planning Commission.
Proposed Ordinance
The General Plan directs the City to preserve and enhance the Village of Arroyo Grande.
The objectives, policies and implementation measures pertaining to the Village area have
been widely and publicly debated during the process of updating the General Plan,
implementing zoning ordinances for establishing the VCD and VMU districts, approving
The Design Guidelines for Historic Districts, and in consideration of the Historic
Preservation ordinance. The proposed ordinance describes the policies of the General
Plan applicable to the regulation of formula businesses in the vicinity of the Village. In an
effort to ensure that the City continues to have, and may improve upon, both a diverse
retail base and a historic core, the proposal eliminates the potential for the establishment
of formula businesses along Branch Street within the VCD district and in a portion of the
surrounding VMU district that includes the Historic Character Overlay combining district
D-2.4 ).
Specifically, the proposed ordinance includes an addition to Chapter 16.04 to define a
formula business, as well as an amendment to Chapter 16.36 prohibiting formula
businesses in the VCD and VMU/HCO districts (please refer to map of affected districts in
Attachment 2).
The proposed ordinance adds the following definition to Section 16.04.070:
Formula business': Shall mean a business, limited to retail trade uses and
restaurants, that is required by contractual or other arrangement to maintain
standardized services and the same or similar name, tradename, or trademark
which causes it to be substantially identical to six (6) or more other establishments,
regardless of ownership or location, and which satisfies one of the following two
descriptions:
a. It offers either of the following characteristics in a style which is distinctive to and
standardized among the chain or group:
1. exterior design or architecture, signs or similar features;
2. uniforms, except that a personal identification or simple logo will not render
the clothing a uniform;
b. It is a fast food restaurant.
The definition consists of retail trade uses and restaurants, and thus excludes other uses
such as offices and hotels or inns. Additionally, by defining a "formula business" as a
retail establishment having six (6) or more locations, the proposed ordinance allows some
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CITY COUNCIL
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AUGUST 9, 2005
PAGE 4
opportunity for local start up stores or restaurants to locate in the Village Core Downtown
and Village Mixed Use districts of Arroyo Grande's Historic Character Overlay zone. It
should be noted that "fast food restaurant" is defined in section 16.04.070 of the Municipal
Code as follows:
Fast food restaurant means an establishment that offers quick food service, which
is accomplished through a limited menu of items already prepared and held for
service, or prepared, fried, or griddled quickly, or heated in a device such as a
microwave oven. Orders are generally not taken at the customer's table, and food
is generally served in disposable wrapping or containers."
The regulation of formula business is proposed to include an amendment to Section
16.36.030(A) as follows:
Table 16.36.030(Al
G. SPECIAL USES
Land Use IMU TMU VCD VMU GMU FOMU HMU OMU RC Specific
D-2.11 D2.20) Use
HCO(D-2.4) Standards
Formula Permit NP NP Permit required as identified
business required as in D- by underlyinCl land use
identified 2.4
underlyinll
land use
This proposal adds anew land use category to the section describing "Uses Permitted
Within Mixed Use and Commercial Districts". There is no proposed prohibition or
restriction of formula businesses outside of the VCD or VMU/HCO districts.
Attachments 3 and 4 include a list of retail establishments and restaurants in the VCD and
VMU districts, as well as a sampling of establishments that include both formula
businesses and non-formula businesses to better illustrate the potential application of the
proposed ordinance. The proposed ordinance does not create any non-conforming
businesses, although it is possible that a current business could become legally non-
I
conforming under certain circumstances.
PUBLIC COMMENTS:
A public notice was sent to all property owners within 300 feet of the Village Core
Downtown and Village Mixed Use districts and a public notice was placed in the Tribune.
Three letters were received from individuals regarding the proposal, one in favor and two
in opposition of the proposed ordinance. Additionally, the Chamber of Commerce has
written and spoke in opposition of the proposal (please refer to all public comments in
Attachment 5). During the July 26, 2005 public hearing, twelve individuals spoke during
the public comment period; six in favor and six against the proposed ordinance.
S:ICOMMUNITY _ DEVELOPMENTlPROJECTSIDCAI05-009 Formula BusinesslccsrG80905.doc
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CITY COUNCIL
DCA 05-009: REGULATION OF FORMULA BUSINESSES
AUGUST 9, 2005
PAGE 5
ENVIRONMENTAL ASSESSMENT:
Staff has reviewed this project in compliance with the California Environmental Quality Act,
and has found that the proposal is exempt pursuant to Sections 15183, 15305, 15378,
15061(b)(3) of the Guidelines of the California Environmental Quality Act (CEQA) and
Public Resources Code section 21083.3(e).
ALTERNA TIVES:
The following alternatives are provided for City Council consideration:
A. Conditionally allow formula businesses in the VCD, but not in pedestrian
storefront locations. A community impact assessment must accompany application.
For example, a Community Impact Assessment may require that a new formula business must
demonstrate that it 1) adds a desired type of business, 2) contributes to an "appropriate balance of local
or non-local businesses, " and 3) contributes to an "appropriate balance of small, medium and large-sized
businesses. " In addition to enhancing the overall diversity of the VCD or VMU district, the new store must
be a "good neighbor" and contribute to community life by becoming a member of a business or
neighborhood organization, hiring local residents whenever possible, and participating in festivals and
other events.]
Land Use IMU TMU VCD VMU GMU FOMU HMU OMU RC Specific Use
D-2.11 D2.20) Standards
HCO(D-2.4)
Formula Permit CUPI
business required as PED Permit required as identified by community
identified underlying land use impact
assessment
underlying must be
land use submitted
with CUP
application
B. Conditionally allow formula businesses in the VCD and VMU/HCO districts, but
not in pedestrian storefront locations. A community impact assessment must
accompany application
Land Use IMU TMU VCD VMU GMU FOMU HMU OMU RC Specific Use
D-2.11 D2.20) Standards
HCO(D-2.4)
Formula Permit CUPI CUPI Permit required as
business. required as PED PED identified by underlying community
identified land use impact
I assessment
I
I underlying must be
I land use submitted
with CUP
application
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CITY COUNCIL
DCA 05-009: REGULATION OF FORMULA BUSINESSES
AUGUST 9, 2005
PAGE 6
C. Prohibit formula businesses in the VCD district This was the amendment
proposed by staff for the July 5, 2005 Planning Commission public hearing).
Land Use IMU TMU VCO VMU GMU FOMU HMU OMU RC Specific Use
0-2.11 02.20) Standards
HCO(0-2.4)
Formula Permit NP
business required as Permit required as identified by
identified underlying land use
Y
underlying
land use
D. Prohibit formula businesses in the VCD and conditionally allow formula
businesses in the VMU/HCO district but not in pedestrian storefront locations. A
community impact assessment must accompany application.
Land Use IMU TMU VCO VMU GMU FOMU HMU OMU RC Specific Use
0-2.11 02.20) Slandards
HCO(0-2.4)
Formula Permit NP CUPI Permit required as A
business required as PEO identified by underlying community
identified ForD - land use impact
Y 2.4 assessment
underlying must be
land use submitted.
with CUP
application
E. Allow formula businesses anywhere in the VCDNMU with a conditional use permit
I as long as the design and signage are unique and distinctive based upon an additional
finding such as the example provided below.
Required Findings for Approval In addition to all of the findings required by
Section 16. 16.050, all of the following findings must be made prior to the issuance of a
Conditional Use Permit for a Formula business in the VCD or VMU district:
1. The proposed use, together with its design and improvement, is consistent with
the unique historic character of VDC or VMU district, would preserve the distinctive
visual appearance and shopping experience of the historic Village area for its residents
and visitors; and the specific design and signage would be distinctive from other
corporate or franchise establishments.
2. The Formula business will be compatible with existing surrounding
uses, and has been designed and will be operated in a non-obtrusive manner to
i preserve the distinctive character and ambiance of the VCDNMU district;
I 2. The Formula business will not result in an over-concentration of
I formula businesses in its immediate vicinity or the City as a whole.
F. Direct staff to make other modifications to the proposed ordinance, such as
i
revising the definition of formula businesses to include a different number of identical
establishments.
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CITY COUNCIL
DCA 05-009: REGULATION OF FORMULA BUSINESSES
AUGUST 9, 2005
PAGE 7
G. Do not approve the proposed ordinance. The existing Design Guidelines and
Standards require that the exterior design and sign age of any business in the
VCDNMU districts are compatible with the district.
Attachments:
1. Planning Commission minutes, July 5, 2005
2. Map of the VCD and VMU/HCO districts
3. List of retail/restaurant businesses within the VCD and VMU/HCO districts.
4. Example of how the ordinance would apply to other businesses if they desired to
open a store or restaurant in the VCD or VMU/HCO districts.
5. Letter from the Chamber of Commerce, March 24, 2005; J. Hayashi, July 26, 2005;
H. and A. Mankins, July 26, 2005; A. Shower, July 26, 2005; M. Bondello, July 28,
2005; and M. Clark, July 29, 2005.
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S:ICOMMUNITY _DEVELOPMENTlPROJECTSIDCAI05-009 Formula Business\ccsr080905.doc
Page 196 of 226
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL
CODE CHAPTERS 16.04 AND 16.36 OF TITLE 16 TO DEFINE
FORMULA BUSINESSES AND RESTRICT FORMULA
BUSINESSES IN THE VILLAGE CORE DOWNTOWN AND
VILLAGE MIXED USEIHISTORIC CHARACTER OVERLAY
DISTRICTS (DEVELOPMENT CODE AMENDMENT 05-009)
WHEREAS, the City Council adopted the updated General Plan which became effective
October 9, 2001 and requires preservation of the City's unique identity and rural character;
and
WHEREAS, the City Council amended Title 16 of the Municipal Code (Development Code)
in 2003 and 2004 for Mixed Use and Commercial districts to implement policies in the
General Plan and establish regulations to encourage the specific character of each zoning
district, including the Village Core Downtown (VCD) and Village Mixed Use (VMU) districts
that are within the City's Historic Character Overlay District D-2.4 (HCO).
WHEREAS, the HCO is intended to "identify, promote, preserve and protect the historic,
cultural, and/or architectural resource values and encourage compatible uses and
architectural design".
WHEREAS, the VCD and VMU districts have historical architecture and small
individualized shops and restaurants, that provides an important destination for both
tourists and members of the community; and
WHEREAS, the continued vitality of the City's economy is dependent upon tourism and
upon the ability of the City's historic district to attract both residents and visitors; and
WHEREAS, the City has a responsibility to assure adherence to the General Plan and
Development Code in meeting the needs and desires of the residents and the community
and preserve the characteristics which make the City unique and desirable as a place in
which to live and which to visit, and prevent the loss of the rural and historical character
that is a particular resource of the VCD and VMU districts; and
WHEREAS, the potential proliferation of "formula" businesses may diminish the unique
character of the VCD and VMU districts by offering standardization of architecture, interior
design and d'cor, uniforms and the like, and which are required to be virtually identical to
other such business in other communities; and
WHEREAS, the Planning Commission of the City of Arroyo Grande considered Development
Code Amendment 05-009 at a duly noticed public hearing on July 5, 2005 in accordance with
I
the. Development Code of the City of Arroyo Grande, made revisions, and recommended
approval to the City Council; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearing of July 26, 2005, Planning Commission
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Page 197 of 226
ORDINANCE NO.
PAGE 2
recommendations, staff reports, and all other information and documents that are part of the
public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. The proposed amendments to Title 16 of the Municipal Code are consistent with the
goals, objectives, policies and programs of the General Plan since the goal of the
Land Use Element and Economic Development Element is to promote the
development of a well balanced and functional mix of land uses and to ensure that
development in the City is consistent with the City's character and image. The
proposed amendment is necessary and desirable to implement the provisions of the
General Plan by maintaining the development and identity of the City's small-town
rural characterc specifically in the historical and agricultural setting of the Village
Downtown Core and Village Mixed Use districts that are within the City's Historic
Character Overlay district.
B. The proposed amendments to Title 16 of the Municipal Code would include a new
Iand use category, formula businesses" and specify which districts such
businesses are permitted and the level of permit review required. Formula
businesses" are proposed to be prohibited in the VCD and VMU/HCO (D-2.4)
combining district in order to preserve the historic character of the downtown portion
of the Village.
C. The proposed amendments to Title 16 will not adversely affect the public health,
safety, and welfare or result in an illogical land use pattern since the development of
retail establishments that conflict with the character of the City's historic district, and
that are out of scale in relation to the current pattern of development in such districts
creates a threat to the public health, safety, and general welfare by threatening the
character.
D. The proposed amendments to Title 16 of the Municipal Code are consistent with the
purpose and intent ofTitle 16, specifically, Sections 16.36.020(C), 16.36.020(D) and
16.36.020(J) pertaining to the VCD, VMU and Historic Overlay Districts.
E. The City has conducted environmental review for adoption of an ordinance amend
i Chapters 16.04 and 16.36 of the Municipal Code, and has found that it can be seen
I with certainty that there is no possibility that the proposed amendments will have an
effect on the environment and therefore this project is exempt from the provisions of
CEQA, pursuant to CEQA Guidelines Sections 15378, 15061 (b)(3), 15183, 15305,
and Public Resources Code section 21 083.3(e) for the following reasons:
1. Under CEQA Guidelines Section 15061 (b)(3), CEQA review is not required because
there is no possibility that this Ordinance may have a significant effect upon the
environment.
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Page 198 of 226
ORDINANCE NO.
PAGE 3
2. Under CEQA Guidelines Section 15378, the proposed amendments are not a project
under CEQA because they will not cause a "direct physical change in the environment"
and will not authorize any specific development activity.
3. Any potential indirect secondary impacts of the proposed amendments on the
physical environment are speculative and are not reasonably foreseeable, and are,
therefore, notsubject to review under CEQA.
4. There is no substantial evidence that the proposed amendments will have the
potential to cause a significant impact upon the environment.
5. There is no substantiated opinion or reasonable argument to determine that the
proposed amendments will cause impacts that are subject to review under CEQA
6. The proposed text amendments constitute a minor alteration in a land use limitation
under CEQA Guidelines Section 15305, and such a land use limitation is a permissible
exercise of the city's zoning powers.
7. There are no unusual circumstances that would necessitate CEQA review.
8. Under CEQA Guidelines Section 15183 and Public Resources Code section
21083.3(e), the proposed regulations are consistent with the City of Arroyo Grande
General Plan. The following General Plan policies support adoption of the ordinance:
Objective LU6-The Historic Village Core (VC) area shall be sustained, enhanced
and expanded as the symbolic, functional and unique business center of the City,
with diverse mixed uses emphasizing pedestrian-oriented activities and providing
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for the needs of residents and tourists.
Policy LU6-1 - Designate the historic downtown area as Village Core (VC). The
primary purpose of the area designated VC is to provide for the continuation and
development of commercial, office, residential, recreational and community facility
land use types that reflect and are compatible with the historic, small town nature of.
the original Arroyo Grande Village area.
Policy ED2-4 - Continue to balance economic goals with strong policies and
programs that promote and maintain the community's environment, quality of life,
and rural character.
Policy ED4-4 - Maintain and enhance the Village Core as a focal point for civic and
tourist activities
Implementation Policy ED4-1.5 - Work with the Village Improvement Association to
preserve its historic function as the City's commercial and cultural center.
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Implementation Policy ED7 -1.2 - Establish clear City standards and thresholds of
acceptability for new developments.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as
follows:
Page 199 of 226
ORDINANCE NO.
PAGE 4
SECTION 1: The above recitals and findings are true and correct.
SECTION 2: Arroyo Grande Municipal Code Section 16.04 is hereby amended by adding the
following definition to Section 16.04.070(C):
F-
Formula business". Shall mean a business, limited to retail trade uses and restaurants,
that is required by contractual or other arrangement to maintain standardized services and
the same or similar name, tradename, or trademark which causes it to be substantially
identical to six (6) or more other establishments, regardless of ownership or location, and
which satisfies one of the following two criteria:
a. It has exterior design or architecture, signs, decor or similar features in a style
which is distinctive to and standardized among the chain or group:
b. It is a fast food restaurant.
SECTION 3: Arroyo Grande Municipal Code Table 16.36.030(A), subsection G. Retail Trade
is hereby added to include the following land use categories:
Table 16.36.030(A)
D. RETAIL TRADE
Land Use IMU TMU VCO VMU GMU FOMU HMU OMU RC Specific
0-2.11 02.20) Use
HCO 0-2.4) Standards
Formula Permit NP NP Permit reauired as identified bv
business reauired as ForD - underlvina land use
identified 2.4
Qy
I
underlvina
land use
SECTION 4: If any section, subsection,subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not
affect the validity of the remaining portion of this Ordinance or any part thereof. The City
I
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, or clause thereof, irrespective of the fact that anyone or more section,
subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional.
SECTION 4: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
I meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
I of the proposed Ordinance shall be posted in the office of the Director of Administrative
Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary
with the names of those City Council Members voting for and against the Ordinance shall
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be published again, and the Director of Administrative Services/City Clerk shall post a
certified copy of the full text of such adopted Ordinance.
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SECTION 5: This Ordinance shall take effect thirty (30) days after its adoption.
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Page 200 of 226
ORDINANCE NO.
PAGE 5
On motion by Council Member seconded by Council Member and
by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of
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Page 201 of 226
ORDINANCE NO.
PAGE 6
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Page 202 of 226
ATTACHMENT 1
PLANNING COMMISSION DRAFT Page 3
MINUTES
JULY 5, 2005
Chair Brown requested a change in the order of the requested Item III.C.
be heard next so that Commission would be present for item III.B.
Commissioner Fellows wo s epping down from item 1I1.B.) this would enable a
quorum. The Slon unanimously agreed to the change.
C. Development Code Amendment Case No. 05-009, Formula Businesses;
Applicant - City Of Arroyo Grande; Location - Citywide.
In the absence of Associate Planner, Ms. McClish, . Mr. Strong, Community
Development Director, presented the staff report for consideration of the Ordinance
amending Title 16 (Development Code) for regulating formula businesses in the Village
Downtown Core.
Commission questions:
Tait:
Asked for clarification on the definition of ''Visitor Serving Uses". Mr. Strong
stated this could be a country inn, bed & breakfast or motel; banks and title
companies would not fit the definition because they are not a retail trade nor a
restaurant.
Asked for confirmation that the definition for formula businesses should be more
than six and not six. Mr. Strong replied it should be more than six.
Asked for clarification on the Alternatives and how they related to businesses that
were not storefront. Mr. Strong explained how the Alternatives would work.
Fellows:
Which cities did the bulk of proposed Ordinance come from? Mr. Strong
explained that he could not state precisely as Ms. McClish did the research, but
he knew they were from a substantial range of community sizes, most of them
with unique character, whether historical or architectural.
Chair Brown opened the hearing for public comment.
Steve Ross, Board of Directors, Arroyo Grande Chamber of Commerce, stated they do
not support excluding formula businesses from the Arroyo Grande business mix; they
understand the importance of the Downtown Village Core to the City; if any restrictions
are to be made the area fronting Branch Street would be appropriate. In their opinion;
including the Village Mixed Use (VMU) in this Ordinance would be extremely confining
and could potentially harm the downtown businesses; many of the businesses are
rented and property owner's rights are involved here. They would prefer to see
permitting used rather than the "six" units. It appeared that this all started with the
potential of "Starbucks" wanting to locate in the Village area. The Chamber
understands the concerns of the City, but they are not in favor of this Ordinance.
Kristen Barneich, 212 Canyon Way, spoke in favor of the formula business restrictions
in the Village; stated that it would help keep the Village unique and charming and in turn
this would keep the Village economically viable for the merchants; it would help tourism;
restricting formula businesses is not a new concept and other cities have similar
ordinances in place which have been very successful; the Village is the hub of a close
knit community.
Page 203 of 226
PLANNING COMMISSION DRAFT Page 4
MINUTES
JULY 5, 2005
7:35 p.m. Commissioner Parker arrived.
Erin O'Connor, resident, spoke in favor of the formula business ordinance; stated he
would like to see the charm and character of the Village preserved and this could be
quickly and easily lost; the Village is the City's greatest asset.
Kimo Pankey, business owner of the Villaqe Centre, stated he was not in favor of the
formula business ordinance; he supported all the comments made by Steve Ross.
John Guttierreiz Branch Street Deli, strongly recommended the City not pass the
ordinance for many reasons; asked what was the matter with a little competition as it
could improve a landlords ability to get more rent for their businesses; what about all the
other type businesses such as title companies and banks; the Village has grown and
there is a need to evaluate this ordinance, maybe it would be better to condition or get
more public input.
Mick Bondello, 207 McKinley, he would prefer to see formula businesses not come into
the Village, as this is the most important and unique part of the City.
Chair Brown closed the hearing to public comment.
r
In reply to a question from Commissioner Parker, Mr. Strong explained that a title
company, a bank or office use would not be considered a formula business (not a retail
business).
Commission Comments:
Tait:
Page 1, staff report, second paragraph, suggested add language to state: .. .due
to formula businesses having to absorb larger startup costs...
He shared the concerns of John Guttierrez (that business owners might not get
top dollar).
Would more locals shop in the Village if there were more chain businesses?
Would mixing chain stores with "Mom & Pop" stores be good for the economy?
The Village is a unique area and the reason why most live here.
He could support the recommendation from the staff as it stands.
Fellows:
Believes the Ordinance as proposed by staff is not quite strict enough; the City
survey in 1999 concluded that 87% wanted to maintain the Village as is; the
Commissioner needs to reflect what the majority prefers; the VMU district should
be included to preserve the character and charm of the Village.
If he were against this Ordinance he would be against small family businesses
and this is something he did not want to be.
The recommendation from staff should be expanded to include the VMU district
and he suggested language to read: Planning Commission recommends City
Council introduce an Ordinance to amend Title 16, defining and regulating
formula businesses in the Village Core Downtown (VCD) and the Village Mixed-
Use (VMU) districts; some areas could be excluded such as the south part of
Nelson Street, Station Way area and the Bank of America area.
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I Page 204 of 226
PLANNING COMMISSION DRAFT Page 5
MINUTES
JULY 5, 2005
Seven is too large a number for formula business definition, five or six would be
preferable.
This Ordinance does not include the rest of the City so that leaves plenty of
areas for formula businesses to locate.
He believed Alternative 4 would be the way to go, as it is very clear-cut.
Referred to the "WHEREAS" in the Ordinance (number six), which states the
City's responsibility to adhere to the General Plan etc. and in his opinion the
modified Ordinance should include the VCD and VMU districts in order to uphold
the General Plan.
Parker:
Agreed with Commissioners Tait and Fellows; she was favoring Alternative 3 or
4.
Businesses in the Village are successful only because they are located in the
Village.
Formula businesses would cause loss of character.
We need to look at business usage to see where it fits in Arroyo Grande; if we
don't preserve the Village we have nothing.
She had concern with stopping at Tally Ho Creek with the Ordinance; suggested
that it needs to run through the Village (including Creekside); in the past it has
been discussed to continue the Village character along Traffic Way and
suggested a tree planting down the middle of this street.
She would like to make sure that the language for the Ordinance had been
carefully reviewed, that there were no loopholes and that it be made really clear
so as not to cause misunderstanding in the future.
Brown:
We are not reinventing the wheel, this is a business friendly Ordinance already
proven to protect unique areas.
VMU allows other uses than residential and over time some residential may
convert to a higher use. If this takes place, the Village could be extended from its
current boundaries as long as formula businesses are not allowed; he agreed
with Commissioner Fellows to extend the area to include VMU and VCD or
alternatively a permit process in VMU that would be highly restrictive.
In reply to a question from Commissioner Tait, Mr. Strong clarified that the VCD and
VMU areas would not include local businesses such as Miner's Ace and Lemos.
Mr. Strong clarified language for the Commission in Alternative 4, stating that this
alternative would not create legal non-conforming stores (incorrectly stated in the staff
report) as these specific stores are within the VMU, but outside of D-2.4 area.
After a short discussion the Commission agreed that the language stating "six or more"
was acceptable.
Commissioner Fellows made a motion, seconded by Commissioner Parker to
recommend that the City Council amend Title 16, as provided in Alternative 4, which
Page 205 of 226
PLANNING COMMISSION DRAFT Page 6
MINUTES
JULY 5, 2005
includes the Village Core Downtown and the Village Mixed Use districts, and adding
language to the Ordinance to include the VCD and VMU districts to reflect this.
The motion was approved on the following roll call vote:
AYES: Commissioners Fellows, Parker, Tait and Chair Brown
NOES: None
ABSENT: Commissioner Keen
B. Continued from the meeting of June 21, 2005) Viewshed Review
05-007; Applicant - Kevin Stevenson; Location - 585 May Street.
Planning Intern, Aaron Brownwood presented the staff report for cons' eration of an
appeal of the viewshed review project for construction of a two-story h se.
Commissioner Fellows stepped down from this item due to potenti conflict.
Aaron Brownwood presented the staff report, stated that two tters in opposition to the
project had been received by staff and a rebuttal letter re Ived from the architect; the
findings conform; the project does not contain unnecess architectural features; would
not impede all views from neighboring properties; th applicant has revised plans to
reduce the height of the proposal; the oak trees wou still be seen from May Street and
skyline viewshed preserved. In. conclusion, r. Brownwood stated that staff
recommends approval of the viewshed review.
In reply to questions from the Commission,
The plans have been revised to sh the lowering of the height.
The grading is caused by the na ral slope.
Finding re the "focused view"- is house would have panoramic views and only
loses view in one site area.
This project is not require o go to the ARC.
Chair Brown opened the he
Kevin Stevenson, applic nt, answered Commission questions:
The building p is similar to the neighboring height and the ground scraped to
lower the ho e into the hill.
Their archi ct said they could possibly lower the house by one foot.
Agreed t house is large as they have six children; there are other large houses
in the ighborhood.
Commissio r Parker stated that she was glad to see they were preserving the oaks.
Mr. Ste enson then showed pictures of the lot and neighboring houses to the
Com sion and answered further questions from the Commission:
Re the driveways on the corner of McKinley and May Streets and concern for
traffic safety, part of their plan is to widen the road to eight feet to match road
Page 206 of 226
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Page 207 of 226
Attachment 3
Retail in Village Core Downtown
Branch Street
Aardvark Gifts 126 B E. Branch St.
AG Flower Shop 150 W. Branch St.
Arroyo Drug Co. 130 E. Branch St.
Brisco's Village Gift Shop 123 E. Branch St.
Broadway Jewelers 121 E. Branch St.
Buttons n' Bows 119 E. Branch St.
Carol's Specialties and Gifts 102 E. Branch St.
Classical Horseman 201 E. Branch St.
Down the Aisle 144 W. Branch St.
Desire - Sweets and Antiques 124 E. Branch St.
Hailey J 134 W Branch
Imagemaker's Photo 116 W. Branch St:
J.J.'s Food Company 303 E. Branch St.
Last Chance Liquors 320 E. Branch St.
Lighting Joe's Guitar Heaven 100 E Branch St
Lund's 133 E. Branch St
Ma Belle 134 W. Branch St
Meridian 148 W. Branch St.
Posies 106 W Branch St
Roots 102A
Sportscard Fantasy's 103 E Branch St
Stephani's 122 E. Branch
The Wardrobe 102 E. Branch
Verena's Go Gourmet 127 E. Branch St
Village Antique Mart 126-A E. Branch St.
Village Framing 121 W. Branch St
Village Goldsmith 102 W. Branch St
Village Papery 1101/2 E. Branch St
Willis and Bennet 134 E. Branch St.
Bridge Street
Ira's Bike Shop 107 Bridge St.
The Quilt Attic 106 Bridge St
Page 208 of 226
Attachment 3 cont.
Restaurants in Village Core Downtown
Restaurants Branch Street
Arroyo Grande Meat Co. 120 E Branch 5t
Alphy's Broiler 130-A W. Branch St
Branch Street Deli 203 E, Branch St
Cafe Andreini 131 E Branch 5t
Doc Bernstein's 144 W. Branch St
Eclair Bakery 117 E Branch St
EI Taco Loco 105 E Branch 5t
Gina's Italian Cuisine 138 E Branch $t
Old Village Grill 101 E. Branch St
Village Cafe 112 E Branch St
Bridge Street
Klondike Cafe 104 Bridge St
Retail in the Village Mixed UselHistoric Character Overlay D-2.4
The Green Vase 200 Nelson 5t.
Castle Tapestry 134 Nelson 5t.
Bridge Street House 132 Bridge St.
Affairs of the Heart 146 Traffic Way
At a Glance Antiques 410 E. Branch St.
Chameleon 415 E Branch St.
United Green Mark 200 Traffic Way
Restaurants in the Village Mixed Use/Historic Character Overlay D-2.4
Mcclintocks Saloon & Dining House 133 Bridge 5t
Thai Kitchen 161 Traffic Way
Page 209 of 226
Page 1 0[2
ATTACHMENT 4
Examples of businesses and requirements under the formula business ordinance
FOl'ml.ml
bti~iHess
Bath and Nationwide chain w/tradename Yes Not Permitted
Body Works and standardized service NP)
Tio Alberto's Community fastfood restaurant No Minor Use
with 5 stores, w/tradename and Permit (MUP)
standardized service
Border's Nationwide chain w/tradename Yes NP
and standardized signs and
service
Jamba Juice Nationwide chain w/tradename Yes NP
and standardized signs and
service
Peet's Nationwide chain w/tradename Yes NP
Coffee and standardized signs and
service
Cookie Community grocery with 2 No MUP if <
Crock stores 20,000 sq. ft.
Market otherwise NP
Cold Stone Nationwide franchise Yes NP
Creamery w/tradename and standardized
signs and service
Ann's Community business with 2 No Permitted (P)
Clothing locations if <5,000 sq.
ft., MUP if
5001 sq. ft. -
19,999 sq. ft.
and NP >
20,000 sq. ft.
Gap Nationwide chain w/tradename Yes NP
and standardized signs and
service
New Specialty grocery market with 5 No MUP if <
Frontier's store locations 20,000 sq. ft.
Market otherwise NP
Copelands Corporate store w/locations in 4 Yes NP
Sports states w/trademark and
standardized signs, uniforms
and service
Restoration Corporate store w/over 100 Yes NP
Hardware locations w/trademark and
standardized signs and service
The Habit Fast food restaurant that started Yes NP
Page 210 of 226
Page 2 0[2
ATTACHMENT 4
Formula "
business
burgers, in Goleta and now has 15 stores
etc) w/standardized menus and
service
Hallmark International corporation Yes NP
Cards w/trademark and standardized
signs and service
Texaco gas International corporation Yes NP
station w/trademark and standardized
signs and service
Page 211 of 226
I
I JUl-6-2005 10:20 FROM:AGA
8054892239 TO: 4'1
1
ATTACHMENT 5 ic1
II
C{'/,o'y
C J0' ....,~
0 0 & ;0ARROYOGRANDEVALL~t'..,,p~ ;>ooj" .
Chamber of Commerce b~O '
Q~
Positioned
March 24. 2005 0,0-% ~b~
for Mayor Tony Ferrara and City Cciuncilmen
1')'
Progress city of Arroyo Grande
P. 0, Box 550
Arroyo Grande. Ca 93421
Dear Mayor FeiTara and City Councilmen,
Please accept this latter as an Indication of our concem regarding a
potential ordinance (as noted In the San Luis Obispo County Tribune
and The Coast News) which would restrict andfor prohibit certain types
of businesses from locating Into specific districts in Arroyo Grande.
The Board of Directors of the Arroyo Grande Chamber of Commerce is
very concemed with this proposed ordinance.
We believe that if a business complies with all City regulations.
including zoning, permits, and architect and design guidelines, the
business should not be discrimInated against nor prohibited from
establishing their business,
Regardless of whether a business Is 'locally owned or a locally owned
franchise, the benefits to the community are great. Each provide
employment, occupy otherwise empty space. maintain real estate
values, contribute to the community, conlribute to the tax, base, and
provide diversity to our City. When business Is encouraged and .
successful the whole community thrives- adding desirability and overall
economic vitality,
We feel the current guidelines, laws, and regulations affecting business
are sufficient and do not see the need for Increased restrictions In
Arroyo Grande. This proposed ordinance would discourage rather
than encourag~ ~uslness.
We are happy to have an informal discussion with you any time to
exchange Information and points of view. We appreciate any
opportunity to meet with you.
Sincerely,
SOOW.l\nnch
Krista Kodl, Chairman of the Board
AnojO Grande,
CaliCemla 93.20
80S) .89.H88
h' (80S)i89.22J9
UJ"$l-.&..<<.can
Page 212 of 226
q,a.,
JOHN HAYASHI
2460 GRACIA WAY i..'_
Ie;; !-l:)
ARROYO GRANDE, CA 93420
805-489-6112
July 26, 2005
To: The Arroyo Grande City Council Members
Re: .July 26, 2005 City Council Meeting
The Formula Business Restriction Policy
Request: Please read this letter into the minutes of the .July 26,
2005 City Council Meeting.
Dear Council Members,
Our family owns commercial property in Arroyo Grande and we
oppose any local ordinance that would restrict certain types of
businesses from locating into specific districts within Arroyo
Grande.
We support the Arroyo Grande Chamber of Commerce's position
opposing The Formula Business Restriction Policy.
Sincerely,
C~ Ci~ Cw~l
Ci~ M~et'
Ci~AHomt.<f
DIYU.-\1w' of-Co"'M~
C.i~ (..{~~
Asicc..Pk/.AIn&f'
11u.\oCPage 213 of 226
q.a.
July 26, 2005
l C: t; ()
City of Arroyo Grande
214 E. Branch Street
Arroyo Grande, California 93420
Subject: Proposed Ordinance, Formula Businesses, Village of Arroyo Grande
Honorable Mayor and Members of the City Council:
My name is Howard Mankins with a family business and property in the Village. The
property is located at 123-131 Branch Street.
I am unable to be at the hearing scheduled for tonight, so am briefly putting my feelings
concerning this proposed ordnance in this letter.
While I am not familiar with specific parts of the proposed Ordinance, I do not believe it
is in the true spirit of the free American Enterprise System to restrict a property owners ability to
rent to any legitimate business. Competition is good for everyone.
Arroyo Grande has been made the way it is by the freedom of choice of tenants, and so
far it has worked. We have a thriving business district. Most owners would,not oppose general
suggestions or guidelines, An Ordinance we do not need.
I have seen the times' when half of the buildings on, Branch Street had signs, FOR RENT
in the windows. In a situation like this, which will happen again, it places an unnecessary burden
on any property owner to rent to a new business.
Most property owners, I don't believe want to destroy what we have worked
so hard to make, into an historic shopping center.
New additions to the village are carefully going through a building process, that protects
the character of the village, because enough restrictions are already on the books.
The building cost today and fee requirements, studies, and time to construct, all add up
to higher rents for tenants. That is what we need to worry about. High rents lead to high
vacancies. This leads to new and desperate tenant selection by landlords.
I like the method, where options and guidelines are given and voluntary selection is
given to those who pay the bill. No tenant or landlord is going to do anything that will distract 2l
consumer from shopping in his or her place of business.
Please to not pass another ordnance for the Village which is contrary to the, AmeriCl!i1
Free Enterprise System. Property owners do not need this to keep the Village as it is.
e\ Cl~ Counc.il
you very rout 'Cl M~U'"
Ci""1 M\om"'f
oward & Aileen Mankins
l>trec.*w o.f eM- DW
C6~Clerk-
Am~,.Pl~~
1cc"Page 214 of 226
RECEIVED
show€~JUL 2 6 2005
CITY OF ARROYO GRANDE
MANFERD JENNINGS SHOWER
ANITA SHOWERCOMMUNITYDEVElOPMENT867North6thStreet
Grover City, California 93433 U.S.A.
805/489.9696
July 24, 2005
Rob Strong, City of Arroyo Grande.
P. O. Box 550
Arroyo Grande, Ca 93421-0550
Dear Mr. Strong:
My husband and I own 320 East Branch Street and 404 East Branch Street in the
Village of Arroyo Grande, California. We read the newspaperand.know of the
rumors of Starbucks' wishes to descend upon our Village' character and
personality. We are aware that someone wants to disrupt what we have in the
Village for the sake and fattening of their own bank: account. . Weare absolutely
opposed to any of this action.
We are in favor of keeping the name brand stores and namebrand.specialty shops,
out of the Village and the surrounding area. There isn't anything written in a
national or worldwide coffee company leases that limits them to just selling coffee,
cups and accessories. It would not surprise us if Starbucks suddenly started selling
greeting cards, sandwiches ts, fudge, bakery products, casual
throws, their own b of beer and wine, an fresh vegetable or two as well as
ice cream from If own privately-held farms. this became reality the City of
Arroyo e would hear from Andreini's, the Bc ir Bakery, Brisco's, the
apery, The Last Chance Liquor Store and li, the Village Salon, the
Village Fudge Factory, Chameleon, Ralph & Duane' Lund's, all of the people
who are responsible for our first-class Farmer's Mark and from the 'good doctor'
of Dr. Burstein's Ice Cream Lab.
Keep the Vill ge special ok beyond the blue prints.
ANITA SHO
IAS
WdCityofAG072405
Page 215 of 226
RECEIVED
I" _
Michael T. Clark
i'.ulJ u 2 7005
456 Carpenter Canyon CITY OF Af~ROYO GRANDE
Arroyo Grande, CA 93420 COMMUNiTY DEVElOPMENT
July 29, 200S
Arroyo Grande City Council
214 E. Branch
Arroyo Grande, CA 93420
Dear City Council:
I just read the Tribune article regarding chain stores in the Village. Please keep the chain stores
out. If you let one in you open the doors to the fast food giants and goodbye to the quaint Village
we love. If people want chain stores they can drive to the Rancho Grande shopping center and
shop Wal Mart, Albertsons, Trader Joes , Baja Fresh and Office Max in one convient location
with acres of parking. I'll walk to the Village and have breakfast at the Village Cafe. After
breakfast, I'll stop at JJ's for some groceries.
Please approve the ordinance to block "formula businesses" in the Village.
Sincerely,
V1{ t---
Michael T.Clark -
Page 216 of 226
Michael C. Bondello
OJ;, '~-:~ 01
207 McKinley St.
Ii /. , Arroyo Grande, CA 93420I '_ ,_
28 July 2005
Tony Ferrara, Mayor
City Council
215 E. Branch St.
Arroyo Grande, CA 93420
Dear Mr. Ferrara:
I am writing to remind you that the while the four speakers who were in favor of the proposed
ordinance restricting formula businesses in the Village Core Downtown and Village Mixed
Use/Historic Character will not be in attendance at the August 9th City Council meeting, we
would like our opinions to be cited in the record for that evening.
I am afraid that too many of the proponents of this ordinance will be absent from this meeting,
so it will quite likely appear to be a one-sided display of opposition to the proposed ordinance.
If this does develop, please remind the audience that the proponents are on record as being
strongly in favor of this ordinance.
Thank you for your consideration of this request.
Sincerely,
j/~cl3~
Michael C. Bondello
i
I
J
Page 217 of 226
8.j.
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT D1RECTO~
J
BY: TERESA MCCLISH, ASSOCIATE PLANNE~
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE
CHAPTERS 16.04 AND 16.36 OF TITLE 16 TO DEFINE FORMULA
BUSINESSES AND RESTRICT FORMULA BUSINESSES IN THE
VILLAGE CORE DOWNTOWN AND VILLAGE MIXED USE/HISTORIC
CHARACTER OVERLAY ZONING DISTRICTS (DEVELOPMENT CODE
AMENDMENT 05-009)
DATE: AUGUST 23, 2005
RECOMMENDATION:
It is recommended the City Council adopt an ordinance to amend Title 16, defining and
regulating formula businesses in the Village Core Downtown (VCO) and Village Mixed
Use (VMU) districts within the Historic Character Overlay (0-2.4).
FUNDING:
No funding impact.
DISCUSSION:
On March 8, 2005, in response to public comment at the City Council hearing of February
22, 2005, the Council directed .staff to research alternatives on formula business
restrictions in the Village commercial area. Staff reported alternatives to the Council on
April 26, 2005, and the Council introduced the proposed ordinance on August 9, 2005.
Proposed Ordinance
The proposed ordinance includes an addition to Chapter 16.04 to define a formula
business, as well as an amendment to Chapter 16.36 prohibiting formula businesses in the
VCO and VMU/HCO districts as depicted below.
The proposed ordinance adds the following definition to Section 16.04.070:
Formula business". Shall mean a business, limited to retail trade uses and restaurants,
that is required by contractual or other arrangement to maintain standardized services
and the same or similar name, tradename, or trademark which causes it to be
I
ATTACHMENT 4
Page 218 of 226
CITY COUNCIL
DCA 05~09: REGULATION OF FORMULA BUSINESSES
AUGUST 23, 2005
PAGE 2
substantially identical to six (6) or more other establishments, regardless of ownership
or location, and which satisfies one of the following two criteria:
a. It has exterior design or architecture, signs, decor or similar features in a style
which is distinctive to and standardized among the chain or group:
b. It is a fast food restaurant.
The regulation of formula business is proposed to include an amendment to Section
16.36.030(A) as follows:
Zoning
Village Core Downtown D-2.4 (VCD D-2.4)
Village Mixed-Use D-2.4 (VMU 0-2.4)
I
i
I
I
Zoning Districts Affected by Formula Business Restrictions
Table 16.36.030IA)
G. SPECIAL USES
Land Use IMU TMU VCD VMU GMU FOMU HMU OMU RC Specific
D-2.11 D2.20) Use
HCO D-2.4} Standards
Formula Permit NP NP Permit reQuired as identified
business reQuired as in D- bv underlvinQland use
identified 2.4
Qy
underlvinll
S:\COMMUN ITY _ DEVELOPMENTlPROJ ECTS\DCA\05-009 Formula Business\ccsr082305.doc
I
Page 219 of 226
CITY COUNCIL
DCA 05-009: REGULATION OF FORMULA BUSINESSES
AUGUST 23, 2005
PAGE 3
I I land use I I I I I
This proposal adds a new land use category to the section describing "Uses Permitted
Within Mixed Use and Commercial Districts". There is no proposed prohibition or
restriction of formula businesses outside of the VCD or VMU/HCO districts.
PUBLIC COMMENTS:
A public notice was sent to all property owners within 300 feet of the Village Core
Downtown and Village Mixed Use districts and a public notice was placed in the Tribune.
Twelve letters were received from individuals regarding the proposal and included in the
staff report at the August 9, 2005 public hearing. Public comment was received at the
July 5, 2005 Planning Commission public hearing, and the City CoulJcil public hearings of
July 26, and August 9, 2005.
ENVIRONMENTAL ASSESSMENT:
Staff has reviewed this project in compliance with the Califomia Environmental Quality Act,
and has found that the proposal is exempt pursuant to Sections 15183, 15305, 15378,
15061(b)(3) of the Guidelines of the California Environmental Quality Act (CEQA) and
Public Resources Code section 21083.3(e).
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Adopt the ordinance;
2. Modify and adopt the ordinance;
3. Do not adopt the ordinance;
4. Provide direction to staff.
I
S:ICOMMUNITY _DEVELOPMENTlPROJECTSIDCAI05-009 Formula BusinesslccsrOB2305.doc
I
Page 220 of 226
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL
CODE CHAPTERS 16.04 AND 16.36 OF TITLE 16 TO DEFINE
FORMULA BUSINESSES AND RESTRICT FORMULA
BUSINESSES IN THE VILLAGE CORE DOWNTOWN AND
VILLAGE MIXED USE/HISTORIC CHARACTER OVERLAY
DISTRICTS (DEVELOPMENT CODE AMENDMENT 05-009)
WHEREAS, the City Council adopted the updated General Plan which became effective
October 9, 2001 and requires preservation of the City's unique identity and rural character;
and
WHEREAS, the City Council amended Title 16 of the Municipal Code (Development Code)
in 2003 and 2004 for Mixed Use and Commercial districts to implement policies in the
General Plan and establish regulations to encourage the specific character of each zoning
district, including the Village Core Downtown (VCD) and Village Mixed Use (VMU) districts
that are within the City's Historic Character Overlay District D-2.4 (HCO).
WHEREAS, the HCO is intended to "identify, promote, preserve and protect the historic,
cultural, and/or architectural resource values and encourage compatible uses and
architectural design".
WHEREAS, the VCD and VMU districts have historical architecture and small
individualized shops and restaurants, that provides an important destination for both
tourists and members of the community; and
WHEREAS, the continued vitality of the City's economy is dependent upon tourism and
upon the ability of the City's historic district to attract both residents and visitors; and
WHEREAS, the City has a responsibility to assure adherence to the General Plan and
Development Code in meeting the needs and desires of the residents and the community
and preserve the characteristics which make the City unique and desirable as a place in
which to live and which to visit, and prevent the loss of the rural and historical character
that is a particular resource of the VCD and VMU districts; and
WHEREAS, the potential proliferation of "formula" businesses may diminish the unique
character of the VCD and VMU districts by offering standardization of architecture, interior
design and d'cor, uniforms and the like, and which are required to be virtually identical to
other such business in other communities; and
WHEREAS, the Planning Commission of the City of ArroyC? Grande considered Development
Code Amendment 05-009 at a duly noticed public hearing on July 5, 2005 in accordance with
the Development Code of the City of Arroyo Grande, made revisions, and recommended
approval to the City Council; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearing of July 26, 2005, Planning Commission
Page 221 of 226
ORDINANCE NO.
PAGE 2
recommendations,' staff reports, and all other information and documents that are part of the
public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. The proposed amendments to Title 16 of the Municipal Code are consistent with the
goals, objectives, policies and programs of the General Plan since the goal of the
Land Use Element and Economic Development Element is to promote the
development of a well balanced and functional mix of land uses and to ensure that
development in the City is consistent with the City's character and image. The
proposed amendment is necessary and desirable to implement the provisions of the
General Plan by maintaining the development and identity of the City's small-town
rural character specifically in the historical and agricultural setting of the Village
Downtown Core and Village Mixed Use districts that are within the City's Historic
Character Overlay district.
B. The proposed amendments to Title 16 of the Municipal Code would include a new
land use category, formula businesses" and specify which districts such.
businesses are permitted and the level of permit review required. Formula
businesses" are proposed to be prohibited in the VCD and VMU/HCO (0-2.4)
combining district in order to preserve the historic character of the downtown portion
of the Village.
C. The proposed amendments to Title 16 will not adversely affect the public health,
safety, and welfare or result in an illogical land use pattern since the development of
retail establishments that conflict with the character of the City's historic district, and
that are out of scale in relation to the current pattern of development in such districts
creates a threat to the public health, safety, and general welfare by threatening the
character.
D. The proposed amendments to Title 16 of the Municipal Code are consistent with the
purpose and intent otTitle 16, specifically, Sections 16.36.020(C), 16.36.020(0) and
16.36.020(J) pertaining to the VCD, VMU and Historic Overlay Districts.
E. The City has conducted environmental review for adoption of an ordinance amend
Chapters 16.04 and 16.36 of the Municipal Code, and has found that it can be seen
with certainty that there is no possibility that the proposed amendments will have an
effect on the environment and therefore this project is exempt from the provisions of
CEQA, pursuant to CEQA Guidelines Sections 15378, .15061 (b)(3), 15183, 15305,
and Public Resources Code section 21083.3(e) for the following reasons:
1. Under CEQA Guidelines Section 15061 (b)(3), CEQA review is not required because
there is no possibility that this Ordinance may have a significant effect upon the
environment.
i
I
I
i
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Page 222 of 226
ORDINANCE NO.
PAGE 3
2. Under CEQA Guidelines Section 15378, the proposed amendments are not a project
under CEQA because they will not cause a "direct physical change in the environment"
and will not authorize any specific development activity.
3. Any potential indirect secondary impacts of the proposed amendments on the
physical environment are speculative and are not reasonably foreseeable, and are,
therefore, not subject to review under CEQA.
4. There is no substantial evidence that the proposed amendments will have the
potential to cause a significant impact upon the environment.
5. There is no substantiated opinion or reasonable argument to determine that the
proposed amendments will cause impacts that are subject to review under CEQA.
6. The proposed text amendments constitute a minor alteration in a land use limitation
under CEQA Guidelines Section 15305, and such a land use limitation is a permissible
exercise of the city's zoning powers.
7. There are no unusual circumstances that would necessitate CEQA review.
8. Under CEQA Guidelines Section 15183 and Public Resources Code section
21083.3(e), the proposed regulations are consistent with the City of Arroyo Grande
General Plan. The following General Plan policies support adoption of the ordinance:
Objective LU6- The Historic Village Core (VC) area shall be sustained, enhanced
and expanded as the symbolic, functional and unique business center of the City,
with diverse mixed uses emphasizing pedestrian-oriented activities and providing
for the needs of residents and tourists.
Policy LU6-1 - Designate the historic downtown area as Village Core (VC). The
primary purpose of the area designated VC is to provide for the continuation and
development of commercial, office, residential, recreational and community facility
land use types that reflect and are compatible with the historic, small town nature of
the original Arroyo Grande Village area.
Policy ED2-4 - Continue to balance economic goals with strong policies and
programs that promote and maintain the community's environment, quality of life,
and rural character.
Policy ED4-4 - Maintain and enhance the Village Core as a focal point for civic and
tourist activities
Implementation Policy ED4-1.5 - Work with the Village Improvement Association to
preserve its historic function as the City's commercial and cultural center.
Implementation Policy ED7-1.2 - Establish clear City standards and thresholds of
acceptability for new developments.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as
follows:
Page 223 of 226
ORDINANCE NO.
PAGE 4
SECTION 1: The above recitals and findings are true and correct.
SECTION 2: Arroyo Grande Municipal Code Section 16.04 is hereby amended by adding the
following definition to Section 16.04.070(C):
F-
Formula business". Shall mean a business, limited to retail trade uses and restaurants,
that is required by contractual or other arrangement to maintain standardized services and
the same or similar name, tradename, or trademark which causes it to be substantially
identical to six (6) or more other establishments, regardless of ownership or location, and
which satisfies one of the following two criteria:
a. It has exterior design or architecture, signs, decor or similar features in a style
which is distinctive to and standardized among the chain or group:
b. It is a fast food restaurant.
SECTION 3: Arroyo Grande Municipal Code Table 16.36.030(A), subsection G. Retail Trade
is hereby added to include the following land use categories:
Table 16.36.030(A)
D. RETAIL TRADE
Land Use IMU TMU VCO VMU GMU FOMU HMU OMU RC Specific
0-2.11 02.20) Use
HCO 0-2.4) Standards
Formula Permit NP NP Permit reQuired as identified bv
business reQuired as For D - underlvinQ land use
identified 2.4
underlvina
land use
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not
affect the validity of the remaining portion of this Ordinance or any part thereof. The City
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, or clause thereof, irrespective of the fact that anyone or more section,
subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional.
SECTION 4: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
of the proposed Ordinance shall be posted in the office of the Director of Administrative
Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary
with the names of those City Council Members voting for and against the Ordinance shall
be published again, and the Director of Administrative Services/City Clerk shall post a
certified copy of the full text of such adopted Ordinance.
SECTION 5: This Ordinance shall take effect thirty (30) days after its adoption.
Page 224 of 226
ORDINANCE NO.
PAGE 5
On motion by Council Member seconded by Council Member and
by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of
Page 225 of 226
ORDINANCE NO.
PAGE 6
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Page 226 of 226