CC 2023-09-26 Agenda PackageCITY COUNCIL MEETING
AGENDA SUMMARY
Tuesday, September 26, 2023
CLOSED SESSION MEETING 5:00 P.M.
REGULAR MEETING 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 MEETING 5:00 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. FLAG SALUTE
4. PUBLIC COMMENT ON CLOSED SESSION ITEMS
5. CLOSED SESSION
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.
6. ADJOURNMENT
REGULAR MEETING 6:00 P.M.
1.CALL TO ORDER
2.ROLL CALL
3.MOMENT OF REFLECTION
4.FLAG SALUTE
5.AGENDA REVIEW
5.a Closed Session Announcements
City Attorney Rosen will announce any reportable action from the following:
September 26, 2023 Closed Session Meeting:
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.
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 Domestic Violence Awareness Month
6.b Honorary Proclamation Declaring Fire Prevention Week
6.c 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
7.a MAYOR RAY RUSSOM:
California Joint Powers Insurance Authority (CJPIA)1.
Central Cost Blue Regional Recycled Water Authority Board2.
San Luis Obispo County Mayor's Meeting3.
South San Luis Obispo County Sanitation District (SSLOCSD)4.
Other5.
7.b MAYOR PRO TEM BARNEICH:
Audit Committee1.
Homeless Services Oversight Council (HSOC)2.
Zone 3 Water Advisory Board3.
Other4.
7.c COUNCIL MEMBER GEORGE:
Five Cities Fire Authority1.
Tourism Business Improvement District Advisory Board2.
Visit SLO CAL Advisory Board3.
Other4.
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7.d COUNCIL MEMBER GUTHRIE:
County Water Resources Advisory Committee (WRAC)1.
Council of Governments/Regional Transit Authority/ South County Transit
(SLOCOG/SLORTA/SCT)
2.
Integrated Waste Management Authority Board (IWMA)3.
REACH Economic Development Roundtable4.
Other5.
7.e COUNCIL MEMBER SECREST:
Air Pollution Control District (APCD)1.
South County Chambers of Commerce Arroyo Grande Business Meeting2.
South County Chambers of Commerce Governmental Affairs Committee3.
Other 4.
8.COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present issues,
thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to
those matters that are within the jurisdiction of the City Council. Members of the public may provide
public comment in-person or remotely by joining the Zoom meeting utilizing one of the methods
provided below. Please use the “raise hand” feature to indicate your desire to provide public
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
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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 August 16 through
August 31, 2023; 2) Determine that ratifying the cash disbursements is not a project subject
to the California Environmental Quality Act (“CEQA”) because it has no potential to result in
either a direct, or reasonably foreseeable indirect, physical change in the environment.
(State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
9.b Consideration of a Homeless Service Grant Agreement with 5Cities Homeless Coalition
(VALENTINE)
Recommended Action:
1) Review 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) Make 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
(MATSON)
Recommended Action:
Approve 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
(KAHN)
Recommended Action:
1) Authorize 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) Approve a
budget adjustment request in the amount of $51,662; and 3) Make 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
(KAHN)
Recommended Action:
Page 4 of 575
1) Adopt a Resolution adopting the Mitigated Negative Declaration and Mitigated Monitoring
and Reporting Program for the Traffic Way Bridge Replacement Project and instructing the
City Clerk to file a Notice of Determination; 2) Approve and authorize 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) Adopt a Resolution authorizing the
Mayor to execute the Program Supplement Agreement No. F017 for Federal-Aid Project
No. 05-5199F15 for the Traffic Way Bridge Replacement Project.
9.f Monthly Water Supply and Demand Update
(KAHN)
Recommended Action:
Receive and file the Monthly Water Supply and Demand Update.
9.g Consideration of a Consultant Services Agreement for Building Division Staff, Plan Review,
and Inspection Services
(PEDROTTI)
Recommended Action:
1) Approve and authorize the Mayor to execute the Professional Services Agreement for
Consultant Services for Building Division staff, plan review, and inspection services; 2)
Make 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
(VALENTINE)
Recommended Action:
1) Introduce the Ordinance amending Arroyo Grande Municipal Code Chapter 3.08 of Title
3 to Update the City’s Purchasing System; 2) Adopt a Resolution designating dollar
thresholds for awarding contracts; 3) Review a draft of the updated Purchasing Policies
and Procedures Manual; and 4) Make findings that introducing a proposed Ordinance,
adopting a Resolution designating dollar thresholds for awarding contracts, and reviewing
the purchasing policies and procedures 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.)
11.OLD BUSINESS
None.
12.NEW BUSINESS
12.a Consider Introduction of Tally Ho Road Speed Limit Reduction Ordinance
Page 5 of 575
(KAHN)
Recommended Action:
1) Waive the first reading and introduce 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) 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.) 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.
12.b Discussion of SLOCOG Supplemental Funding Efforts
(KAHN)
Recommended Action:
Receive an update, discuss, and provide feedback to Councilmember Guthrie for the
SLOCOG Board of Directors
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 6 of 575
Item 6.a.Page 7 of 575
Item 6.b.Page 8 of 575
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: September 26, 2023
SUMMARY OF ACTION:
Review and ratify cash disbursements.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is a $ 1,177,968.77 fiscal impact that includes the following items:
Accounts Payable Checks $ 754,083.85
Payroll & Benefit Checks $ 423,884.92
RECOMMENDATION:
1) Ratify the attached listing of cash disbursements for the period of August 16 through
August 31, 2023; 2) Determine that ratifying the cash disbursements is not a project
subject to the California Environmental Quality Act (“CEQA”) because it has no potential
to result in either a direct, or reasonably foreseeable indirect, physical change in the
environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
BACKGROUND:
Cash disbursements are made weekly based on the submission of all required documents
supporting the invoices submitted for payment. Prior to payment, Administrative Services
staff reviews all disbursement documents to ensure that they meet the approval
requirements adopted in the Municipal Code and the City’s Purchasing Policies and
Procedures Manual.
ANALYSIS OF ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY 2022-23
and FY 2023-24 budgets.
Page 9 of 575
Item 9.a.
City Council
Consideration of Cash Disbursement Ratification
September 26, 2023
Page 2
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendation;
2. Do not approve staff’s recommendation; or
3. Provide other direction to staff.
ADVANTAGES:
The Administrative Services Department monitors payments of invoices for
accountability, accuracy, and completeness using standards approved by the City
Council.
Invoices are paid in a timely manner to establish goodwill with merchants.
Discounts are taken where applicable.
DISADVANTAGES:
There are no disadvantages identified in this recommendation.
ENVIRONMENTAL REVIEW:
Ratifying the cash disbursements is not a project subject to the California Environmental
Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably
foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§
15060, subd. (b)(2)-(3), 15378.)
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. August 16 – August 31, 2023 – Accounts Payable Check Register
2. August 25, 2023 – Payroll & Benefit Check Register
Page 10 of 575
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 16 - AUGUST 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name1 08/16/2023 298483 $ 4,682.69 09/23 RETIREE MEDICAL 010.4099.5136 ICMA RETIREMENT CORP2 08/16/2023 298483 602.12 09/23 RETIREE MEDICAL 010.0000.1111 ICMA RETIREMENT CORP3 08/16/2023 298483 358.87 09/23 RETIREE MEDICAL 220.4303.5136 ICMA RETIREMENT CORP4 08/18/2023 298484 36.00 BACTI TEST-WALNUT ST MAIN SHUT-OFF 640.4710.5310 ABALONE COAST ANALYTICAL INC5 08/18/2023 298485 1,000.00 08/20 SUMMER CONCERT SERIES SOUND010.4421.5504 ADEPT EVENTS LLC6 08/18/2023 298486 185.96 DRY ERASE BOARDS, MARKERS 010.4130.5201AMAZON CAPITAL SERVICES7 08/18/2023 298486 381.66 INVESTIGATION SUPPLIES-FLASHDRIVE 010.4204.5255 AMAZON CAPITAL SERVICES8 08/18/2023 298487 167.92 08/23 COMM MAINT 010.4204.5606APPLIED TECHNOLOGY GROUP INC9 08/18/2023 298488 183.52 ACCT#238451-01839190 RADIO 010.4145.5403 AT & T10 08/18/2023 298489 174.61 BAN#9391033184 473-5100 PD 010.4201.5403 AT&T11 08/18/2023 298489 68.81 BAN#9391033187 481-6944 PD 010.4201.5403 AT&T12 08/18/2023 298489 30.16 BAN#9391033183 473-2198 PD 010.4201.5403 AT&T13 08/18/2023 298490 80.00 07/23 DOGGIE CLASSES 010.4424.5351 IRINA BEATTY14 08/18/2023 298491 3,212.39 PATROL SUPPLIES-PARKING CITATION FORMS 010.4201.5201 BOONE PRINTING & GRAPHICS INC15 08/18/2023 298492 138.42 HATS- 10 SMALL, 20 LG/XL 640.4712.5143 BRAND CREATIVE16 08/18/2023 298492 198.42 HATS- 10 SMALL, 20 LG/XL 010.4420.5143 BRAND CREATIVE17 08/18/2023 298492 60.00 HATS- 10 SMALL, 20 LG/XL 612.4610.5143 BRAND CREATIVE18 08/18/2023 298492 198.41 HATS- 10 SMALL, 20 LG/XL 220.4303.5143 BRAND CREATIVE19 08/18/2023 298493 800.00 08/20 SUMMER CONCERT SERIES BAND 010.4421.5504 SUSAN RITCHIE BRATCHER20 08/18/2023 298494 161.67 SOFTBALLS (24) 010.4424.5257 BSN SPORTS, LLC21 08/18/2023 298495 1,380.00 LE POINT CHRG STN YEARLY SUBSCRIPTION 010.4145.5508 CHARGEPOINT INC22 08/18/2023 298496 1,349.00 ACCT#8245100960302509 CITY HALL 010.4140.5303 CHARTER COMMUNICATIONS23 08/18/2023 298496 122.12 ACCT#8245100960129431 COUNCIL CHAMBER 010.4145.5401 CHARTER COMMUNICATIONS24 08/18/2023 298496 185.15 ACCT#8245100960223572 PD TV 010.4145.5401 CHARTER COMMUNICATIONS25 08/18/2023 298496 987.20 ACCT#8245100960223598 PD VOICE 010.4145.5401 CHARTER COMMUNICATIONS26 08/18/2023 298496 451.58 ACCT#8245100960211288 PW TV, VOICE 010.4145.5401 CHARTER COMMUNICATIONS27 08/18/2023 298496 736.80 ACCT#8245100960211288 PW TV, VOICE 010.4145.5401 CHARTER COMMUNICATIONS28 08/18/2023 298496 761.32 ACCT#8245100960211791 REC TV, VOICE 010.4145.5401 CHARTER COMMUNICATIONS29 08/18/2023 298496 200.51 ACCT#8245100960216667 WOMEN'S CENTER 010.4145.5401 CHARTER COMMUNICATIONS30 08/18/2023 298496 327.16 ACCT#8245100960216667 WOMEN'S CENTER 010.4145.5401 CHARTER COMMUNICATIONS31 08/18/2023 298496 739.65 ACCT#8245100960301246 COUNCIL 211.4101.5330 CHARTER COMMUNICATIONS32 08/18/2023 298496 1,349.00 ACCT#8245100960301246 COUNCIL 211.4101.5330 CHARTER COMMUNICATIONS33 08/18/2023 298496 199.98 ACCT#8245100960104152 PD INTERNET 010.4201.5403 CHARTER COMMUNICATIONS34 08/18/2023 298496 103.20 ACCT#8245100960104152 PD INTERNET 010.4201.5403 CHARTER COMMUNICATIONS35 08/18/2023 298497 58.63 ACCT#090058901 -CITY HALL TV 010.4145.5401 CHARTER COMMUNICATIONS36 08/18/2023 298498 412.50 07/23-STAFF AUGMENTATION 010.4140.5303 CIO SOLUTIONS LP37 08/18/2023 298499 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 SARAH CORDOVA38 08/18/2023 298499 96.00 PARK RENTAL REFUND-LESS ADMIN 010.0000.4354 SARAH CORDOVAPage 11 of 575
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 16 - AUGUST 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name39 08/18/2023 298500 $ 372.59 ACCT#2901-1271650-01 METRO INTERNET 010.4140.5303 DIGITAL WEST NETWORKS INC40 08/18/2023 298501 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 SIMONE FAUQUET41 08/18/2023 298502 122.60 CORP YARD SEWER BILL 612.0000.4751CITY OF GROVER BEACH42 08/18/2023 298503 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 AMBER HELMACE43 08/18/2023 298504 125.00 REFUND DOGGIE CLASS 010.0000.4605 STEVE HOWARTH44 08/18/2023 298505 94.50 MEMORY MAGIC CLASS 010.4424.5351 HELEN JACOBSEN45 08/18/2023 298506 71.83 FUEL 010.4203.5608 JB DEWAR, INC46 08/18/2023 298507 734.50 06/23 PROF FEES-400 W BRANCH 010.0000.2563 KOSMONT & ASSOCIATES INC47 08/18/2023 298507 998.40 07/23 PROF FEES- 400 W BRANCH 010.0000.2563 KOSMONT & ASSOCIATES INC48 08/18/2023 298508 60.00 BASKETBALL SCORER- 4 GAMES X $ 010.4424.5352 JHADE LA PAZ49 08/18/2023 298508 105.00 BASKETBALL SCORER- 7 GAMES X $ 010.4424.5352 JHADE LA PAZ50 08/18/2023 298510 21.53 WHITE MARKING PAINT 010.4301.5273 MINER'S ACE HARDWARE, INC51 08/18/2023 298511 416.00 WINDOW TINT FOR SWAT VAN 010.4203.5601 MOBILEWORKS OF SANTA MARIA52 08/18/2023 298512 251.83 MAINT AGREEMENT-COPIER 010.4204.5602 OFFICE153 08/18/2023 298513 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 FRED ORTIZ54 08/18/2023 298514 34.40 ELECTRIC-WELL #11 352 LA CANADA 640.4711.5402 PACIFIC GAS & ELECTRIC CO55 08/18/2023 298515 37.50 UNIFORM CLEANING-PD ADMIN 010.4201.5303 PARAMOUNT CLEANERS56 08/18/2023 298515 514.00 UNIFORM CLEANING-PATROL SVCS 010.4203.5303 PARAMOUNT CLEANERS57 08/18/2023 298515 60.00 UNIFORM CLEANING-PD SUPPORT SVCS 010.4204.5303 PARAMOUNT CLEANERS58 08/18/2023 298516 200.00 06/30 PARKING CITATION PROCESS 010.4204.5303 PHOENIX GROUP59 08/18/2023 298517 98.36 POSTAGE METER INK 010.4201.5208 PITNEY BOWES60 08/18/2023 298518 251.63 POSTAGE MACHINE LEASE-5/23-8/22 010.4204.5602 PITNEY BOWES, INC61 08/18/2023 298519 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 MELISSA PIWOWARSKI62 08/18/2023 298520 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY63 08/18/2023 298520 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY64 08/18/2023 298520 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY65 08/18/2023 298520 34.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY66 08/18/2023 298520 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY67 08/18/2023 298520 54.26 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY68 08/18/2023 298520 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY69 08/18/2023 298520 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY70 08/18/2023 298520 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY71 08/18/2023 298520 42.46 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY72 08/18/2023 298520 15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY73 08/18/2023 298520 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY74 08/18/2023 298520 34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY75 08/18/2023 298520 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY76 08/18/2023 298521 4,124.03 AMMUNITION 010.4204.5255 SAN DIEGO POLICE EQUIPMENT COPage 12 of 575
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 16 - AUGUST 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name77 08/18/2023 298522 $ 85.00 ADULT SOFTBALL SCORER- 5 GAMES 010.4424.5352 MARTINA SARMIENTO78 08/18/2023 298523 75.00 06/23 PARKING CITATION REV DIST 010.0000.4203 SLO COUNTY AUDITOR-CONTROLLER79 08/18/2023 298524 22.10 GAS SERVICES-200 N HALCYON 010.4145.5401 SOCALGAS80 08/18/2023 298524 14.30 GAS SERVICES-350 S ELM ST 010.4145.5401 SOCALGAS81 08/18/2023 298524 110.78 GAS SERVICES-1375 SH ST 010.4145.5401 SOCALGAS82 08/18/2023 298525 417.00 TRAINING/TUITION-REGISTRATION 010.4203.5501SOUTH BAY REGIONAL PUBLIC83 08/18/2023 298526 25.49 CAR WASHES-B409 010.4301.5601 SUNSET NORTH CAR WASH84 08/18/2023 298527 80.00 D2 WATER DIST CERT-EMPLOYEE 640.4712.5501 SWRCB-DWOCP85 08/18/2023 298528 643.80 PATROL SCHEDULING SOFTWARE LICENSE 010.4204.5607 TIMECLOCK PLUS LLC86 08/18/2023 298529 75.00 07/23 INVESTIGATIVE SVCS 010.4204.5303 TRANSUNION RISK87 08/18/2023 298530 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 BETHANY TRAUGHBER88 08/18/2023 298531 76.11 ACCT#808089883-00003 REC CELL 010.4425.5255 VERIZON WIRELESS89 08/18/2023 298532 26,681.08 06/23 TMD ASSESSMENT REMITTANCE 761.0000.2007 VISIT SLO CAL90 08/18/2023 298532 (533.62) 06/23 CITY ADMIN FEE 010.0000.4771 VISIT SLO CAL91 08/18/2023 298533 614.05 COPY MACHINE LEASE PYMT010.4201.5803 WELLS FARGO VENDOR FINANCIAL92 08/18/2023 298534 115.86 UB Refund Cst #00026840 640.0000.2301 TONI MATTOCK93 08/18/2023 298535 23.84 UB Refund Cst #00028511 640.0000.2301 JOSEPH MURPHY94 08/18/2023 298536 156.66 UB Refund Cst #00005233 640.0000.2301 RAFAEL NARVAEZ95 08/18/2023 298537 91.28 UB Refund Cst #00029092 640.0000.2301 PLUS PROPERTY MGMT96 08/18/2023 298538 508.84 UB Refund Cst #00021441 640.0000.2301 JAMES STORTON97 08/25/2023 298539 505.00 STORMWATER SAMPLING 010.4301.5503 ABALONE COAST ANALYTICAL INC98 08/25/2023 298539 304.00 WATER SAMPLES- FAIR OAKS WATER 640.5911.7001 ABALONE COAST ANALYTICAL INC99 08/25/2023 298539 304.00 WATER SAMPLES-FAIR OAKS WATER 640.5911.7001 ABALONE COAST ANALYTICAL INC100 08/25/2023 298540 9,873.21 PATROL EQUIPMENT-RIFLES 271.4202.6201 ADAMSON INDUSTRIES, INC101 08/25/2023 298541 1,000.00 08/27 SUMMER CONCERT SERIES SOUND010.4421.5504 ADEPT EVENTS LLC102 08/25/2023 298542 7.71 ADM SVCS OFFICE SUPPLIES 010.4120.5201 AMAZON CAPITAL SERVICES103 08/25/2023 298542 1,356.30 PW ADMIN-MONITORS, MOUSE 010.4307.5201 AMAZON CAPITAL SERVICES104 08/25/2023 298542 258.58 IT-KEYBOARDS010.4140.5602 AMAZON CAPITAL SERVICES105 08/25/2023 298543 1,747.16 FLEET BATTERIES 010.4204.5601 BATTERY SYSTEMS106 08/25/2023 298544 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 HANNAH BAUMGARTNER107 08/25/2023 298545 2,369.02 PATROL-FIRST AID SUPPLIES & EQ 010.4203.5272 BOUND TREE MEDICAL, LLC108 08/25/2023 298546 67.69 WORK ORDER TABLETS 640.4710.5306 BURDINE PRINTING (DBA)109 08/25/2023 298547 5.58 VACTOR-HOSE CLAMPS 612.4610.5255 CARQUEST AUTO PARTS110 08/25/2023 298547 26.38 PW-23 CAR WASH & CLEANING SUPPLIES 010.4305.5601 CARQUEST AUTO PARTS111 08/25/2023 298547 5.94 PW-5 SOCKET 640.4712.5273 CARQUEST AUTO PARTS112 08/25/2023 298548 178.39 SAFETY BOOTS 010.4301.5148 CARR'S BOOTS & WESTERN113 08/25/2023 298549 500.00 07/23 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF114 08/25/2023 298550 368.63 KYOCERA COPIER LEASE 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCSPage 13 of 575
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 16 - AUGUST 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name115 08/25/2023 298551 $ 484.23 (2) 21 FT 2" GALV STEEL PIPE 640.4712.5610 FAMCON PIPE AND SUPPLY INC116 08/25/2023 298552 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 NINA GOFFINET117 08/25/2023 298553 5.00 BUS LIC OVERPYMT BL23-000246 010.0000.4050 TOM GRIFFIN118 08/25/2023 298554 117.45 (6) PIPE THREAD COMPOUND 640.4712.5610 ICONIX WATERWORKS (US) INC119 08/25/2023 298555 120.79 FUEL 010.4203.5608 JB DEWAR, INC120 08/25/2023 298555 5,061.37 1000 GAL DIESEL 010.0000.1202 JB DEWAR, INC121 08/25/2023 298556 90.00 SOFTBALL SCORER- 4 GAMES X $15 010.4424.5352 TERRA KISSINGER122 08/25/2023 298557 50.00 08/04/23 ROUND ROBIN PICKLEBAL 010.4424.5351 MAUREEN LEWIS123 08/25/2023 298558 4,749.05 EMPLOYEE WELLNESS-CORDICO APP 010.4201.5303 LEXIPOL LLC124 08/25/2023 298559 180.00 06/23 OCC FACILITY USAGE-ZUMBA 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST125 08/25/2023 298559 1,042.50 06/23 OCC FACILITY USE-BASKETBALL010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST126 08/25/2023 298559 112.50 06/23 CIM SUMMER DAY CAMP-OCEANVIEW 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST127 08/25/2023 298559 88.50 06/30/23 CIM FIELD TRIP RANCHO GRANDE 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST128 08/25/2023 298559 216.92 06/27/23 CIM FIELD TRIP RANCHO GRANDE 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST129 08/25/2023 298559 138.25 06/16 CIM FIELD TRIP- TURTLE RESERVE 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST130 08/25/2023 298559 85.75 06/21 CIM FIELD TRIP AGHS POOL 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST131 08/25/2023 298560 107.21 (3) OXYGEN BOTTLE EXHANGE 010.4305.5603 MATHESON TRI-GAS INC132 08/25/2023 298561 700.00 08/27 SUMMER CONCERT SERIES BAND 010.4421.5504 GLENN MCARDLE133 08/25/2023 298562 150.00 SOTO BASIN SUMP PUMPS-PULL MOTOR 010.4430.5603 MELLO & SON'S PUMPS & MOTORS134 08/25/2023 298563 10.76 MARKING PAINT 010.4301.5273 MINER'S ACE HARDWARE, INC135 08/25/2023 298564 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 ROBERT NAVARRO136 08/25/2023 298564 14.00 REFUND OVERPYMT-PARK RENTAL CHARGE 010.0000.4354 ROBERT NAVARRO137 08/25/2023 298565 1,700.00 1/8 X1/8 PAGE ADVERTISING 010.4421.5504 NEW TIMES138 08/25/2023 298566 276.00 06/23 K RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA139 08/25/2023 298566 276.00 07/23 K RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA140 08/25/2023 298567 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 NILESH PATEL141 08/25/2023 298568 532.11 POSTAGE MACHINE LEASE FEE 010.4102.5602 PITNEY BOWES, INC142 08/25/2023 298569 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 FELAINE POWELL143 08/25/2023 298570 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 JOE ROULEAU144 08/25/2023 298571 667.00 CASH FOR GRASS 667 SQ FT 226.4306.5554 KURT SALTZMAN145 08/25/2023 298572 72.79 PW-4 OIL CHG 010.4301.5601 SANTA MARIA TIRE, INC146 08/25/2023 298573 7,200.00 MONTHLY STREET SWEEPING 220.4303.5303 SCA147 08/25/2023 298573 2,700.00 MONTHLY STREET SWEEPING 010.4307.5303 SCA148 08/25/2023 298574 900.00 CASH FOR GRASS- 900 SQ FT 226.4306.5554 ANDREW SEILER149 08/25/2023 298575 3,258.00 ANNUAL SLOCOG MEMBERSHIP FY23/24 010.4145.5503 SLO COUNCIL OF GOVERNMENTS150 08/25/2023 298576 2,749.40 CROSS CONNECTION PROGRAM MANAGEMENT 640.4710.5303 SLO COUNTY ENVIRONMENTAL151 08/25/2023 298577 770.00 EXPLORER COMPETITION REGISTRATION 010.0000.2027 SLO COUNTY SHERIFF'S OFFICE152 08/25/2023 298578 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 CAROL SMITHPage 14 of 575
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 16 - AUGUST 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name153 08/25/2023 298579 $ 90.00 08/08/23 E-FLYER 010.4421.5504 SOUTH COUNTY CHAMBERS154 08/25/2023 298580 195,212.80 07/23 SEWER SERVICES COLLECTION 760.0000.2304 SOUTH SLO COUNTY SANIT DIST155 08/25/2023 298580 2,475.00 07/23 SEWER SVC HOOKUPS (1) 760.0000.2305 SOUTH SLO COUNTY SANIT DIST156 08/25/2023 298580 8.81 CITY ACCT-215 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST157 08/25/2023 298580 8.81 CITY ACCT-300 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST158 08/25/2023 298580 8.81 CITY ACCT-211 VERNON ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST159 08/25/2023 298580 8.81 CITY ACCT-RANCHO GRANDE PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST160 08/25/2023 298580 8.81 CITY ACCT-STROTHER PARK 010.4145.5401SOUTH SLO COUNTY SANIT DIST161 08/25/2023 298580 8.81 CITY ACCT-SHORT ST RESTROOMS 010.4145.5401 SOUTH SLO COUNTY SANIT DIST162 08/25/2023 298580 8.81 CITY ACCT-ELM ST PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST163 08/25/2023 298580 8.81 CITY ACCT-203 N RENA 010.4145.5401 SOUTH SLO COUNTY SANIT DIST164 08/25/2023 298580 8.81 CITY ACCT-1221 ASH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST165 08/25/2023 298580 8.81 CITY ACCT-SOTO SPORTS COMPLEX 010.4145.5401 SOUTH SLO COUNTY SANIT DIST166 08/25/2023 298580 8.81 CITY ACCT-127 SHORT ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST167 08/25/2023 298580 8.81 CITY ACCT-211 N HALCYON RD 010.4145.5401 SOUTH SLO COUNTY SANIT DIST168 08/25/2023 298581 500.00 FACILITY USAGE-QUILTING SPRING 010.4424.5251 ST JOHN'S LUTHERAN CHURCH169 08/25/2023 298581 500.00 FACILITY USAGE- KNITTING SUMMER 010.4424.5251 ST JOHN'S LUTHERAN CHURCH170 08/25/2023 298582 5,916.00 SWINGING BRIDGE REHAB 350.5620.7301 SWCA ENVIRONMENTAL CONSULTANTS171 08/25/2023 298583 160.00 GRADE D-2 OPERATOR CERTIFICATION 640.4712.5501 SWRCB-DWOCP172 08/25/2023 298584 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 TARTAGLIA ENGINEERING173 08/25/2023 298585 1,600.00 ENTERPRISE ERP FINANCIAL MGMT SYSTEM 350.5453.7301 TYLER TECHNOLOGIES INC174 08/25/2023 298586 527.75 MAYORS MEETING SUPPLIES 010.4001.5501 U.S. BANK175 08/25/2023 298586 (650.00) LOCC ANNUAL CONF REFUND-MCDONALD 010.4101.5503 U.S. BANK176 08/25/2023 298586 1,200.00 ICMA MEMBERSHIP 010.4101.5503 U.S. BANK177 08/25/2023 298586 58.00 SPEC DEP SUPPLIES-NEWSLETTER E 010.4102.5255 U.S. BANK178 08/25/2023 298586 323.99 (2) 24" MONITORS-PERMIT TECH 010.4130.5201 U.S. BANK179 08/25/2023 298586 608.81 ZOOM 010.4140.5303 U.S. BANK180 08/25/2023 298586 9.99 NETWORKS SOLUTIONS DOMAIN REGISTRATION 010.4140.5303 U.S. BANK181 08/25/2023 298586 88.25 EMPLOYEE WELLNESS SUPPLIES 010.4201.5303 U.S. BANK182 08/25/2023 298586 155.00 MEMBERSHIP -CPCA 010.4201.5503 U.S. BANK183 08/25/2023 298586 1,370.25 BLDG MAINT-LOBBY DOOR GLASS 010.4201.5604 U.S. BANK184 08/25/2023 298586 312.48 DG FOR GROUNDS MAINT. 010.4201.5605 U.S. BANK185 08/25/2023 298586 10.50 ABPA PRACTICE EXAM BOOK 010.4420.5255 U.S. BANK186 08/25/2023 298586 269.32 PWR TRIM EDGER SIDE ARM ASSEMBLY 010.4420.5603 U.S. BANK187 08/25/2023 298586 155.26 AMAZON, FACEBOOK- SUMMER CONCERTS 010.4421.5504 U.S. BANK188 08/25/2023 298586 1,064.75 SPEC EVENTS- FAMILY DANCE, AIP 010.4424.5252 U.S. BANK189 08/25/2023 298586 45.70 FACEBOOK AD-SPEC EVENTS PROMOTIONS 010.4424.5353 U.S. BANK190 08/25/2023 298586 712.77 SUMMER SUPPLIES 010.4425.5255 U.S. BANKPage 15 of 575
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 16 - AUGUST 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name191 08/25/2023 298586 $ 435.26 SNACK SUPPLIES 010.4425.5259 U.S. BANK192 08/25/2023 298586 556.00 CONTRACT SVCS 010.4425.5303 U.S. BANK193 08/25/2023 298586 90.87 DMV PHYSICAL-UTILITIES 640.4712.5315 U.S. BANK194 08/25/2023 298586 178.21 STAFF MEETING-B'FAST BURRITOS 010.4307.5201 U.S. BANK195 08/25/2023 298586 114.19 (2) INK CARTRIDGES 010.4307.5201 U.S. BANK196 08/25/2023 298586 50.04 WIRELESS KEYBOARD & MOUSE 010.4307.5201 U.S. BANK197 08/25/2023 298586 1,583.84 UNIFORMS 010.4203.5272 U.S. BANK198 08/25/2023 298586 268.73 TRAINING- TUITION, TOLLS 010.4203.5501 U.S. BANK199 08/25/2023 298586 1,239.39 REPAIR & MAINT PD-4620 & 4621 010.4203.5601 U.S. BANK200 08/25/2023 298586 221.09 FLEET MAINT-CLEANERS 010.4203.5601 U.S. BANK201 08/25/2023 298586 695.36 REPAIR & MAINT. PD-4621 & 4620 010.4203.5601 U.S. BANK202 08/25/2023 298586 548.92 TRAINING-LODGING 010.4204.5501 U.S. BANK203 08/25/2023 298586 109.63 TRAINING-LODGING 010.4204.5501 U.S. BANK204 08/25/2023 298586 69.76 EMPLOYEE WELLNESS SUPPLIES 010.4201.5303 U.S. BANK205 08/25/2023 298586 594.82 REPAIR & MAINT PD-4621 & 4620 010.4203.5601 U.S. BANK206 08/25/2023 298586 1,659.70 UNIFORMS 010.4204.5272 U.S. BANK207 08/25/2023 298586 571.96 TRAINING-TUITION 010.4203.5501 U.S. BANK208 08/25/2023 298586 115.80 OFFICE SUPPLIES 010.4201.5201 U.S. BANK209 08/25/2023 298586 1,296.16 UNIFORMS 010.4203.5272 U.S. BANK210 08/25/2023 298586 226.60 PATROL SUPPLIES 010.4203.5255 U.S. BANK211 08/25/2023 298586 173.08 FLEET SUPPLIES 010.4203.5601 U.S. BANK212 08/25/2023 298586 2,337.59 DOGGIE BAGS 010.4420.5605 U.S. BANK213 08/25/2023 298586 72.23 MOTOROLA CONFERENCE FUEL, MEALS 010.4140.5501 U.S. BANK214 08/25/2023 298586 145.45 AMAZON-OFFICE FURNITURE 010.4421.6001 U.S. BANK215 08/25/2023 298586 215.49 PICKLEBALL CENTRAL-PICKLEBALLS 010.4424.5251 U.S. BANK216 08/25/2023 298586 15.14 MEETING SUPPLIES-COFFEE 010.4421.5255 U.S. BANK217 08/25/2023 298586 720.00 SPECIAL EVENTS-HARVEST FESTIVAL 010.4424.5252 U.S. BANK218 08/25/2023 298586 96.68 SNACK SUPPLIES 010.4425.5259 U.S. BANK219 08/25/2023 298586 380.00 CONTRACT SVCS 010.4425.5303 U.S. BANK220 08/25/2023 298586 160.00 INTL CODE COUNCIL MEMBERSHIP 010.4130.5503 U.S. BANK221 08/25/2023 298586 800.63 FURNITURE FOR CDD DIRECTOR OFFICE 010.4130.5201 U.S. BANK222 08/25/2023 298586 86.38 OFFICE SUPPLIES-OFFICE MAX 010.4130.5201 U.S. BANK223 08/25/2023 298586 50.90 AUTHORIZE.NET CC FEES 010.4145.5555 U.S. BANK224 08/25/2023 298586 259.50 SUPPLIES FOR STAFF LUNCH 010.4145.5508 U.S. BANK225 08/25/2023 298586 30.45 SUPPLIES FOR STAFF LUNCH 010.4145.5508 U.S. BANK226 08/25/2023 298586 1,346.76 UNIFORMS 010.4203.5272 U.S. BANK227 08/25/2023 298586 114.06 AMAZON- MISC ITEMS CHGD IN ERROR CREDIT TO BE 010.4201.5501 U.S. BANK228 08/25/2023 298586 136.44 EMPLOYEE WELLNESS SUPPLIES 010.4201.5303 U.S. BANKPage 16 of 575
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 16 - AUGUST 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name229 08/25/2023 298586 $ 199.00 DROPBOX ANNUAL MEMBERSHIP 010.4002.5503 U.S. BANK230 08/25/2023 298587 103.20 PIPE LOCATOR 640.4712.5273 USA BLUE BOOK231 08/25/2023 298587 29.04 HAZARDOUS MATERIAL SIGN 640.4712.5604 USA BLUE BOOK232 08/25/2023 298587 160.17 (5) HAZARDOUS MATERIALS SIGNS 640.4712.5604 USA BLUE BOOK233 08/25/2023 298587 116.16 (4) HAZARDOUS MATERIALS SIGNS 640.4712.5604 USA BLUE BOOK234 08/25/2023 298588 304.08 ACCT#472480460-00002 CITY IPAD 010.4145.5403 VERIZON WIRELESS235 08/25/2023 298588 860.16 ACCT#208620661-00002 PD CELL PHONES 010.4201.5403 VERIZON WIRELESS236 08/25/2023 298589 101.10 DOCUMENT SHREDDING SVC 010.4201.5303 VITAL RECORDS CONTROL237 08/25/2023 298590 50.00 REFUND PARK DEPOSIT-STROTHER 010.0000.2206 TINA WALKER238 08/25/2023 298591 614.05 COPY MACHINE LEASE PYMT010.4201.5803 WELLS FARGO VENDOR FINANCIAL239 08/25/2023 298592 100.00 PW-USED OIL SERVICE 010.4305.5303 WORLD OIL ENVIROMENTAL SVCS240 08/25/2023 298593 1,202.54 UB Refund Cst #00022404 640.0000.2301 JAIME AVILA241 08/25/2023 298594 678.92 AFLAC PRE TAX: Payment 011.0000.2126 AFLAC INSURANCE242 08/25/2023 298595 3,003.60 POLICE DEPT DUES: Payment 011.0000.2116 ARROYO GRANDE POLICE ASSN243 08/25/2023 298596 48,637.89 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE244 08/25/2023 298596 53,086.96 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE245 08/25/2023 298596 13,337.66 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE246 08/25/2023 298597 2,576.00 UNEMPLOYMENT CHARGES 010.4919.5142 CA ST EMPLOYMENT DEVEL DEPT247 08/25/2023 298598 1,911.51 CASDI: Payment011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT248 08/25/2023 298598 19,767.81 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT249 08/25/2023 298599 170.30 DEPT OF CHILD SUPPORT SERVICES: Payment 011.0000.2114 CA STATE DISBURSEMENT UNIT250 08/25/2023 298600 2,800.00 GASB-68 REPORTS & SCHEDULES 010.4120.5303 CALPERS251 08/25/2023 298601 3,740.00 AG CAREER FIREFIGHTERS ASSN: Payment 011.0000.2115 FIVE CITIES PROF. FIREFIGHTERS252 08/25/2023 298602 4,512.22 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP253 08/25/2023 298602 10,829.23 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP254 08/25/2023 298602 825.00 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP255 08/25/2023 298602 500.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP256 08/25/2023 298602 183.18 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP257 08/25/2023 298603 43.90 PRE-PAID LEGAL SERVICES: Payment 011.0000.2125 LEGALSHIELD258 08/25/2023 298604 38,146.51 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT259 08/25/2023 298604 53,684.42 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT260 08/25/2023 298604 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT261 08/25/2023 298604 1,207.99 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT262 08/25/2023 298604 (0.04) ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT263 08/25/2023 298605 1,436.22 SEIU DUES: Payment 011.0000.2118 S.E.I.U. LOCAL 620264 08/25/2023 298606 723.91 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA265 08/31/2023 298607 1,000.00 09/03/23 SUMMER CONCERT SERIES 010.4421.5504 ADEPT EVENTS LLC266 08/31/2023 298608 24.69 BAN#9391033180 FAX 010.4145.5403 AT&TPage 17 of 575
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 16 - AUGUST 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name267 08/31/2023 298608 $ 24.56 BAN#9391033186 CC MACHINE 010.4145.5403 AT&T268 08/31/2023 298609 50.00 PARK DEPOSIT REFUND-HERITAGE SQUARE 010.0000.2206 ASHLEY BEENE269 08/31/2023 298610 57.09 BUSINESS CARDS 010.4102.5255 BOONE PRINTING & GRAPHICS INC270 08/31/2023 298611 165.00 PW-52 SERVICE 640.4712.5601 BOYER'S DIESEL271 08/31/2023 298612 1,118.34 300 GALL SODIUM HYPOCHLORATE 640.4712.5274 BRENNTAG PACIFIC INC272 08/31/2023 298612 1,324.16 (14) DRUMS HYPOCHLORITE 640.4712.5274 BRENNTAG PACIFIC INC273 08/31/2023 298612 (160.00) DRUM CREDIT 640.4712.5274 BRENNTAG PACIFIC INC274 08/31/2023 298613 32.00 FINGERPRINT/LIVESCAN-ROCHA 010.4301.5316 CA ST DEPT OF JUSTICE275 08/31/2023 298613 32.00 FINGERPRINT/LIVESCAN-PALACIOS 010.4213.5316 CA ST DEPT OF JUSTICE276 08/31/2023 298613 96.00 FINGERPRINT/LIVESCAN-CARABAJAL 010.4307.5316 CA ST DEPT OF JUSTICE277 08/31/2023 298614 32.23 PW-52 LUBE, FUEL 640.4712.5601 CARQUEST AUTO PARTS278 08/31/2023 298615 12,045.00 FALL 2023 ACTIVITY GUIDE 010.4421.5504 CASEY PRINTING, INC279 08/31/2023 298616 1,432.25 07/23 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLC280 08/31/2023 298616 400.00 07/23 NETBILL MONTHLY MAINT 640.4710.5303 DATAPROSE LLC281 08/31/2023 298616 458.36 07/23 NETBILL CC TRANS 640.4710.5555 DATAPROSE LLC282 08/31/2023 298616 114.59 07/23 NETBILL CC TRANS 612.4610.5555 DATAPROSE LLC283 08/31/2023 298617 11,350.00 RENTALSCAPE YEARLY SUBSCRIPTION 010.4130.5503 DECKARD TECHNOLOGIES INC284 08/31/2023 298618 350.00 DEPOSIT-2/10/24 SR SWEETHEART 010.4424.5252 MICHAEL DIAS285 08/31/2023 298619 25,000.00 CCB-WIFIA APPLICATION FEE 640.4710.5804 EPA-WIFIA PROGRAM286 08/31/2023 298620 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 GWYNETH GRAY287 08/31/2023 298621 2,316.02 VACTOR REPAIR-LEVEL WIND SYSTEM 612.4610.5603 HAAKER EQUIPMENT, INC288 08/31/2023 298622 800.00 08/27 SUMMER CONCERT SERIES BAND 010.4421.5504 TAMMY JILL KNIGHT289 08/31/2023 298623 195.00 BASKETBALL SCORER- 13 GAMES X $15 010.4424.5352 JHADE LA PAZ290 08/31/2023 298624 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 SANDRA LUNA291 08/31/2023 298625 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 RIANNA MALHERBE292 08/31/2023 298626 10.00 REFUND-BRIDGE 010.0000.4605 DIEDRE MCEVEETY293 08/31/2023 298627 30,228.61 COMPREHENSIVE GENERAL PLAN UPDATE 010.4130.5303 MINTIER HARNISH LP294 08/31/2023 298628 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 MARIA MORA295 08/31/2023 298629 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 ANDRES MORAN296 08/31/2023 298630 7,950.00 EXECUTIVE SEARCH SVCS-1ST INSTALLMENT 010.4101.5303 MOSAIC PUBLIC PARTNERS LLC297 08/31/2023 298631 500.00 09/03 SUMMER CONCERT SERIES BAND 010.4421.5504 WENDY OLIVER298 08/31/2023 298632 155.00 PRE-EMPLYMT MEDICAL TESTING 010.4213.5315 PACIFIC CENTRAL COAST HEALTH299 08/31/2023 298633 17,426.22 ELECTRIC-STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO300 08/31/2023 298634 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 CHAD ROBERTSON301 08/31/2023 298635 136.00 ADULT SOFTBALL SCORER-8 GAMES X $17 010.4424.5352 MARTINA SARMIENTO302 08/31/2023 298636 17.80 GAS SERVICES-1500 W BRANCH 010.4145.5401 SOCALGAS303 08/31/2023 298636 16.07 GAS SERVICES-111 S MASON 010.4145.5401 SOCALGAS304 08/31/2023 298636 14.13 GAS SERVICES-215 E BRANCH 010.4145.5401 SOCALGASPage 18 of 575
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 16 - AUGUST 31, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name305 08/31/2023 298636 $ 17.83 GAS SERVICES-211 VERNON ST 010.4145.5401 SOCALGAS306 08/31/2023 298637 8,654.71 06/23 AGTBID MARKETING 240.4150.5301 VERDIN MARKETING INK307 08/31/2023 298637 12,228.05 07/23 TBID MARKETING 240.4150.5301 VERDIN MARKETING INK308 08/31/2023 298638 1,289.60 NORTHERN CITIES STAFF EXTENSION 640.4710.5303 WATER SYSTEMS CONSULTING INC309 08/31/2023 298639 1,156.00 FEE STUDY SVCS-USER, DEVELOPMENT IMPACT FEES 010.4120.5303 WILLDAN FINANCIAL SERVICES310 08/31/2023 298640 65.00 REFUND-DOGGIE CLASS 010.0000.4605 MICHELE YOCKEY311 08/31/2023 298641 4,525.50 06/23 GAMING & CODING CAMPS 010.4424.5351 YOUTH TECH INC. $ 754,083.85 Page 19 of 575
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General Fund 369,236.45 5101 Salaries Full time 241,011.26
Streets Fund 21,768.30 5101 Volunteer Employee Retirement -
Sewer Fund 10,311.21 5102 Salaries Part-Time - PPT 3,302.00
Water Fund 22,568.96 5103 Salaries Part-Time - TPT 10,911.00
423,884.92 5105 Salaries OverTime 23,313.40
5106 Salaries Strike Team OT -
5107 Salaries Standby 1,723.10
5108 Holiday Pay 1,207.12
5109 Sick Pay 6,448.26
Administrative Services - 5110 Annual Leave Buyback -
Information Services - 5111 Vacation Buyback -
Community Development - 5112 Sick Leave Buyback -
Police 19,847.73 5113 Vacation Pay 7,176.43
Public Works - Maintenance 2,295.47 5114 Comp Pay 3,851.92
Public Works - Enterprise 1,170.20 5115 Annual Leave Pay 9,647.53
Recreation - Administration - 5116 Salaries - Police FTO -
Recreation - Special Events - 5121 PERS Retirement 35,302.33
Children In Motion - 5122 Social Security 22,586.44
23,313.40 5123 PARS Retirement 144.79
5126 State Disability Ins.948.13
5127 Deferred Compensation 700.00
5131 Health Insurance 48,309.15
5132 Dental Insurance 2,874.00
5133 Vision Insurance 775.97
5134 Life Insurance 381.51
5135 Long Term Disability 714.90
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 615.68
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 1,152.50
423,884.92
OVERTIME BY DEPARTMENT:
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
08/04/2023 - 08/17/2023
8/25/2023
BY FUND BY ACCOUNT
ATTACHMENT 2
Page 20 of 575
Item 9.b.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Interim City Manager
Nicole Valentine, Administrative Services Director
SUBJECT: Consideration of a Homeless Service Grant Agreement with 5Cities
Homeless Coalition
DATE: September 26, 2023
SUMMARY OF ACTION:
Approval of a Grant Agreement (Attachment 1) with 5Cities Homeless Coalition (5CHC)
to provide Homeless Winter Shelter Support.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Funding in the amount of $300,000 was allocated towards Homeless Shelter support from
American Rescue Plan Act (ARPA) funds received by the City. $100,000 of the ARPA
funds is included in this agreement with 5CHC to provide Winter Shelter support. Staff is
working with 5CHC to identify appropriate programs and services for the remaining
$200,000. As these are confirmed, separate agreements will be brought to the Council
for consideration.
RECOMMENDATION:
1) Review 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) Make 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.)
BACKGROUND:
In 2021, the City was allocated $4,300,241 in ARPA funding from the federal government.
To support the immediate pandemic response, bring back jobs, and lay the groundwork
for a strong and equitable recovery, ARPA established the Coronavirus State and Local
Recovery Fund, designed to deliver $350 billion to state, local, territorial, and Tribal
governments to bolster their response to the COVID-19 emergency and recover from the
Page 21 of 575
Item 9.b.
City Council
Consideration of a Homeless Service Grant Agreement with 5Cities Homeless
Coalition
September 26, 2023
Page 2
economic impacts caused by the public health crisis. The United States Treas ury has
issued rules detailing how ARPA funds may be used. One such use includes affordable
housing programs provided to households, businesses, or populations disproportionately
impacted by the COVID-19 public health emergency. Additionally, ARPA funds may be
provided to nonprofit organizations to address impacts associated with the pandemic.
5CHC is a non-profit organization focused on providing service to families and individuals
by providing the resources, support, and hope needed to become self-sufficient,
productive community members. The organization submitted a request for a portion of
the City’s available ARPA funding to support the Winter Shelter program. At its meeting
on October 12, 2021, the City Council allocated $300,000 of the City’s ARPA funding to
Homeless Shelter support. Following this action, City staff worked with 5CHC to review a
refined proposal that would utilize $100,000 from ARPA funding to increase support for
the Homeless population within Arroyo Grande.
The Winter Shelter program provides safe emergency shelter during weather events such
as rain and/or cold temperatures, meals, and case management services. Traditionally
5CHC has activated the warming center with predictions of temperatures below 38°F, or
with rain forecast at 50% or greater. The primary goal of the program and warming center
is to keep people from falling ill or dying due to exposure to sometimes harsh seasonal
elements. Since 2015, 5CHC has operated a seasonal warming center during inclement
weather. This center has been limited to a 4-5 month operating period due to the limited
availability of space in the community. From mid November 2022 to March 31, 2023, the
warming center opened on 58 nights, but only remained open on 4 days during extreme
flooding. 118 unique individuals (84 Male and 34 Female) took advantage of the center
during the courses of the winter, with 87 of them reporting being first -time guests not
having utilized the shelter in prior years. 35% of the guests were aged 50 and older.
ANALYSIS OF ISSUES:
Permanent Location and Operation for Inclement Weather Shelter/Winter Shelter
A new location has been identified, and the proposed ARPA funding allocation will assist
5CHC to enter into a long-term lease for a year-around facility that will both serve as an
inclement weather shelter, which will administer the Winter Shelter program, and also
enable the Coalition to potentially expand services with a new recuperative care program.
5CHC plan includes providing 60 nights of shelter operation over the course of the entire
winter and does not require 5CHC to vacate the facility by March 30th (as has been the
limitation of prior locations). 5CHC also intends to expand its shelter services to remain
open during the day, when needed, depending on the weather.
Page 22 of 575
Item 9.b.
City Council
Consideration of a Homeless Service Grant Agreement with 5Cities Homeless
Coalition
September 26, 2023
Page 3
5CHC is requesting $100,000 for 3 fiscal years as shown in the table below:
The full proposal including draft budget can be found in Attachment 2. The budget
reflects that the warming center estimated cost to operate for 60 nights per season far
exceed the funding requested from the City.
The City will continue to work with 5CHC to identify options to allocate the remaining
$200,000 in ARPA funds.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve and authorize the Interim City Manager to execute a Grant Agreement
between the City and 5CHC for $100,000 towards the Winter Shelter program
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. Modify and approve the Grant Agreement and authorize its execution;
3. Do not approve the Grant Agreement, which will delay and/or not provide funding
to the Winter Shelter program and another eligible use will need to be identified ;
or
4. Provide other direction to staff.
ADVANTAGES:
The $100,000 allocation to 5CHC from ARPA Funding will help ensure that the City
spends the ARPA allocation before the allotted timeframe to expend those funds under
Federal regulations expires on December 31, 2026.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
The proposed 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.)
Fiscal Year ARPA Allocation
FY 2023-24 34,000
FY 2024-25 33,000
FY 2025-26 33,000
100,000
Page 23 of 575
Item 9.b.
City Council
Consideration of a Homeless Service Grant Agreement with 5Cities Homeless
Coalition
September 26, 2023
Page 4
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 Grant Agreement
2. 5CHC Winter Shelter Proposal
Page 24 of 575
65501.00105\41534528.2
ATTACHMENT 1
BB&K (2023) -1- ARPA AGREEMENT
HOMELESSNESS PREVENTION SERVICES GRANT AGREEMENT
BY AND BETWEEN
CITY OF ARROYO GRANDE
AND
5CITIES HOMELESS COALITION
(ARPA REVENUE LOSS CATEGORY PROJECT)
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 20___, by and
between the City of Arroyo Grande, a municipal corporation organized under the laws of the State
of California with its principal place of business at 300 E. Branch Street, Arroyo Grande, California
93420, County of San Luis Obispo, State of California ("City") and 5Cities Homeless Coalition, a
California Nonprofit Corporation, with its principal place of business at 100 South 4th Street, PO
Box 558, Grover Beach, CA 93483 ("Recipient"). City and Recipient are sometimes individually
referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 On March 10, 2021, the United States Congress passed, and President Joseph
Biden signed into law, the American Rescue Plan Act (“ARPA”);
2.2 ARPA established the Coronavirus State Fiscal Recovery Fund (“CSFRF”) and
Coronavirus Local Fiscal Recovery Fund (“CLFRF”), together known as the Coronavirus State
and Local Fiscal Recovery Funds (“SLFRF”) program, which provide a combined $350 billion in
assistance to eligible state, local, territorial, and Tribal governments to help turn the tide on the
pandemic, address its economic fallout, and lay the foundation for a strong and equitable
recovery.
2.3 The Interim Final Rule on SLFRF issued by the Department of the Treasury
effective May 17, 2021, and the Final Rule issued by the Department of the Treasury effective
April 1, 2022, (together the Interim Final Rule and the Final Rule are hereinafter referred to as the
“Rule”) provide the rules and guidelines for how the ARPA funds may specifically be spent.
Further, the Rule allows for the City to transfer SLFRF funds to a Recipient who experienced
public health impact or a negative economic impact due to the COVID-19 public health
emergency.
2.4 The City received federal funding in the form of SLFRF under ARPA (“Funds”) in
response to the coronavirus (“COVID-19”) pandemic. These funds may be used to fund services
traditionally provided by a government.
2.5 Under ARPA, the City may provide grants to Beneficiaries to mitigate the negative
economic impacts of the COVID-19 pandemic. Treasury has defined Beneficiaries to include
individuals, households, 501(c)(3) or 501(c)(19) non-profit organizations, small businesses and
impacted industries that experienced public health or negative economic impacts as a result of
the COVID-19. Further, the City may use ARPA funds under the revenue loss project category to
Page 25 of 575
65501.00105\41534528.2
ATTACHMENT 1
BB&K (2023) -2- ARPA AGREEMENT
obtain government services.
2.6 By letter dated June 21, 2023, Recipient submitted a proposal to provide
homelessness prevention and supportive services in programs further described in Exhibit “A”,
which include but are not limited to a winter warming shelter (“Programs”).
2.7 The City desires to provide grant funds to Recipient in consideration for operation
of the Program in accordance with the Program Budget attached hereto as , Exhibit "B" attached
hereto and incorporated herein by reference (“Program Budget”), subject to and in accordance
with the requirements of this Agreement, including but not limited to the deadlines and schedules
applicable to the Funds.
3. TERMS.
3.1 Scope of Programs and Term; Restrictions on Use of Funds.
3.1.1 General Use of Funds. Recipient promises and agrees to furnish all labor,
materials, tools, equipment, services, and incidental and customary work necessary to fully and
adequately operate the Programs. All Programs shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 ARPA Related Restrictions. The Funds paid under this Agreement are
subject to the following conditions:
3.1.2.1 The Recipient agrees to abide by all terms and conditions set
forth in ARPA, the Rule, additional accompanying guidance, and this Agreement.
3.1.2.2 All Funds must be obligated by December 31, 2024.
3.1.2.3 All Funds must be expended by December 31, 2026.
3.1.2.4 The use of Funds are to provide services traditionally provided
by the City, including operation of homelessness prevention programs.
3.1.2.5 All Funds must be expended for Programs and all invoices for
Programs submitted to the City for review by the City and closeout in accordance with ARPA
requirements on or before October 31, 2026.
3.1.2.6 The Funds shall not be used for any activity that would violate
City, state or federal statutory or decisional law, and must be spent in accordance with this
Agreement and ARPA.
3.1.3 Term. The term of this Agreement shall be from the Effective Date to
December 31, 2026, unless earlier terminated as provided herein. Recipient shall operate the
Programs using the Funds within the term of this Agreement, and shall meet any other established
schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this
Agreement if so desired; provided, however, City shall not extend the deadline for use of the
Funds and City shall be under no obligation to provide additional funding of any kind for the
Programs.
Page 26 of 575
65501.00105\41534528.2
ATTACHMENT 1
BB&K (2023) -3- ARPA AGREEMENT
3.2 Grant Funds.
3.2.1 Grant Funds; Program Budget. Recipient shall receive Funds for expenses
incurred in accordance with the Program Budget, such Funds not exceed ONE HUNDRED
THOUSAND AND NO/100 DOLLARS ($100,000.00). The Program Budget, but not the total
amount of Funds to be provided, may be amended from time to time pursuant to an amended
Program Budget submitted to the City by Recipient for approval of the City Manager or City
Representative, as applicable, at their reasonable discretion.
3.2.2 Payment of Funds. Recipient shall submit to City a reimbursement request
which indicates the amount, payee, exact use of, and Program Budget category for all expenses
incurred by Recipient for Programs. The reimbursement request shall include copies of any
invoices for which Funds are requested and proof of payment of the invoice. City shall, within 30
days of receiving such complete reimbursement request, review the reimbursement request and
pay all non-disputed and approved charges. If the City disputes any of Recipient's requested
reimbursements, the City shall give written notice to Recipient within thirty (30) days of receipt of
an reimbursement request of any disputed fees set forth therein. Payment shall not constitute
acceptance of any reimbursement request completed by Recipient. The making of final payment
shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Recipient shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.
3.3 Responsibilities of Recipient.
3.3.1 Certification. By signing the Agreement, Recipient certifies that the
information provided in its June 21, 2023 proposal was true and accurate and that the Funds
received pursuant to this Agreement will be used exclusively to mitigate the impact s of
homelessness and for the purposes described herein.
3.3.2 Independent Contractor; Control and Payment of Subordinates. The
Programs shall be performed by Recipient or under its supervision. Recipient will determine the
means, methods and details of performing the Programs subject to the requirements of this
Agreement. Recipient is receiving Funds in the form of a grant and is not being retained as an
employee. Any personnel performing the Programs on behalf of Recipient shall not be employees
of City and shall at all times be under Recipient's exclusive direction and control. Neither City, or
any of its officials, officers, directors, employees or agents shall have control over the conduct of
Recipient or any of Recipient’s officers, employees or agents, except as set forth in this
Agreement. Recipient shall pay all wages, salaries, and other amounts due such personnel in
connection with their performance of Programs under this Agreement and as required by law.
Recipient shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.3.3 Schedule of Programs. Recipient shall perform the Programs in a prompt
and timely manner and in accordance with the Scope of Programs and Restrictions on Use of
Funds set forth above. Recipient represents that it has the professional and technical personnel
required to perform the Programs expeditiously. Upon request of City, Recipient shall provide a
more detailed schedule of anticipated performance to meet all applicable deadlines.
Page 27 of 575
65501.00105\41534528.2
ATTACHMENT 1
BB&K (2023) -4- ARPA AGREEMENT
3.3.4 Substitution of Key Personnel. Recipient has represented to City that
certain key personnel will perform and coordinate the Programs under this Agreement. Should
one or more of such personnel become unavailable, Recipient may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Recipient
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. The key personnel for performance of this Agreement are as follows: Janna
Nichols, Executive Director
3.3.5 City's Representative. The City hereby designates Bill Robeson, or his/her
designee, to act as its representative in all matters pertaining to the administration and
performance of this Agreement ("City's Representative"). City's Representative shall have the
power to act on behalf of the City for review and approval of all documents and reports submitted
by Recipient but not the authority to enlarge the Scope of Programs or change the amount or
source of Funds due to Recipient under this Agreement. The City Manager shall be authorized to
act on City's behalf and to execute all necessary documents which enlarge the Scope of Programs
or change the Recipient's amount or source of Funds subject to the provisions contained in this
Agreement. Recipient shall not accept direction or orders from any person other than the City
Manager, City's Representative or their designee.
3.3.6 Recipient's Representative. Recipient hereby designates Janna Nichols,
Executive Director, or his/her designee, to act as its representative for the performance of this
Agreement ("Recipient's Representative"). Recipient's Representative shall have full authority to
represent and act on behalf of the Recipient for all purposes under this Agreement. The
Recipient's Representative shall supervise and direct the Programs, using his/her best skill and
attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Programs under this
Agreement.
3.3.7 Reserved.
3.3.8 Standard of Care; Performance of Employees. Recipient shall perform all
Programs under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Recipient represents and maintains that it is skilled in the professional calling
necessary to perform the Programs. Recipient warrants that all employees and subrecipients
shall have sufficient skill and experience to perform the Programs assigned to them. Recipient
represents that it, its employees and subrecipients have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Programs, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Recipient
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Recipient's failure to comply
with the standard of care provided for herein. Any employee of the Recipient or its subrecipients
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Programs, a threat to the safety of persons or property, or any employee who
fails or refuses to perform the Programs in a manner acceptable to the City, shall be promptly
removed from the Programs by the Recipient and shall not be re-employed to perform any of the
Programs.
3.3.9 Period of Performance.
Page 28 of 575
65501.00105\41534528.2
ATTACHMENT 1
BB&K (2023) -5- ARPA AGREEMENT
3.3.9.1 Recipient shall perform all Programs and expend the Funds in
accordance with the deadlines imposed under this Agreement within the Term set forth above
(“Performance Time”). Recipient agrees that if the Programs are not completed within the
aforementioned Performance Time and/or pursuant to provisions of this Agreement, it is
understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Recipient shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include a Force
Majeure Event. A Force Majeure Event shall mean an event that materially affec ts a Party’s
performance and is one or more of the following: (1) Acts of God or other natural disasters; (2)
terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by
governmental authorities that are required for the services); (4) strikes and other organized labor
action occurring at the site and the effects thereof on the services, only to the extent such strikes
and other organized labor action are beyond the control of Recipient and its subcontractors, and
to the extent the effects thereof cannot be avoided by use of replacement workers; and (5)
pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of a public agency applicable to
the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party
shall, within a reasonable time of being prevented from performing, give written notice to the other
Party describing the circumstances preventing continued performance and the efforts being made
to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of
the Party responsible for the delay, shall not entitle Recipient to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Recipient shall keep itself fully informed
of and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the use of the Funds or performance of the Programs, including but not limited to the
Federal Requirements (as such term is herein defined) set forth in Exhibit “A-1” to this Agreement,
which is incorporated herein by this reference and all Cal/OSHA requirements, and shall give all
notices required by law. Recipient shall be liable for all violations of such laws and regulations in
connection with the Programs and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause and seek repayment of any
Funds improperly spent.
3.3.10.2 Employment Eligibility; Recipient. Recipient certifies that it fully
complies with all requirements and restrictions of state and federal law respecting the employment
of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time and shall require all subrecipients and sub-
subrecipients to comply with the same. Recipient certifies that it has not committed a violation of
any such law within the five (5) years immediately preceding the date of execution of this
Agreement, and shall not violate any such law at any time during the term of the Agreement.
Page 29 of 575
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ATTACHMENT 1
BB&K (2023) -6- ARPA AGREEMENT
3.3.10.3 Equal Opportunity Employment. Recipient represents that it is
an equal opportunity employer and it shall not discriminate against any subrecipient, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Recipient shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Recipient must fully comply
with all applicable laws, rules and regulations in furnishing or using equipment and/or providing
services, including, but not limited to, emissions limits and permitting requirements imposed by
the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources
Board (CARB). Recipient shall indemnify City against any fines or penalties imposed by
SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable
laws, rules and/or regulations by Recipient, its subrecipients, or others for whom Recipient is
responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Recipient shall
keep itself and all subcontractors, staff, and employees fully informed of and in compliance with
all local, state and federal laws, rules and regulations that may impact, or be implicated by the
performance of the Programs including, without limitation, all applicable provisions of the City’s
ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33
U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code
§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such
authority. Recipient must additionally comply with the lawful requirements of the City, and any
other municipality, drainage district, or other local agency with jurisdiction over the location where
the Programs are to be conducted, regulating water quality and storm water discharges. City may
seek damages from Recipient for delay in completing the Programs caused by Recipient’s failure
to comply with the laws, regulations and policies described in this Section, or any other relevant
water quality law, regulation, or policy.
3.3.10.6 Safety. Recipient shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Programs, the Recipient shall
at all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Recipient shall not commence work under
this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Recipient shall not allow any subrecipient to
commence work on any subcontract until it has provided evidence satisfactory to the City that the
subrecipient has secured all insurance required under this section. Failure to provide and
maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the
effectiveness of this Agreement for work to be performed hereunder, and without limiting the
indemnity provisions of the Agreement, the Recipient, in partial performance of its obligations
Page 30 of 575
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ATTACHMENT 1
BB&K (2023) -7- ARPA AGREEMENT
under such Agreement, shall procure and maintain in full force and effect during the term of the
Agreement the following policies of insurance. If the existing policies do not meet the insurance
requirements set forth herein, Recipient agrees to amend, supplement or endorse the policies to
do so.
(A) Commercial General Liability: Commercial General Liability
Insurance which affords coverage at least as broad as Insurance Programs Office "occurrence"
form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence
and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to
the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for
contractual liability; (2) excluding coverage for claims or suits by one insured against another
(cross-liability); (3) products/completed operations liability; or (4) containing any other
exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability
Insurance with coverage at least as broad as Insurance Programs Office Form CA 00 01 covering
"Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all
activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of
not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional
Liability insurance or Errors & Omissions insurance appropriate to Recipient’s profession with
limits of not less than $1,000,000. Covered professional services shall specifically include all
work to be performed under the Agreement and delete any exclusions that may potentially affect
the work to be performed (for example, any exclusions relating to lead, asbestos, pollution,
testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on
a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement
and continuous coverage will be maintained or an extended reporting period will be exercised for
a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall
contain the following provisions, or Recipient shall provide endorsements on forms approved by
the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The
City, its officials, officers, employees, agents, and volunteers shall be additional insureds with
regard to liability and defense of suits or claims arising out of the performance of t he Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude
"contractual liability"; (3) restrict coverage to "sole" liability of Recipient; or (4) contain any other
exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial
General Liability insurance, Recipient shall provide endorsements in the form of ISO CG 20 10
10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this
requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage
reduced until a thirty (30) day written notice of cancellation has been served upon the City except
ten (10) days shall be allowed for non-payment of premium.
Page 31 of 575
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ATTACHMENT 1
BB&K (2023) -8- ARPA AGREEMENT
(B) Automobile Liability. (1) Cancellation: Required insurance
policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of
cancellation has been served upon the City except ten (10) days shall be allowed for non-payment
of premium.
(C) Professional Liability (Errors & Omissions): 1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day
written notice of cancellation has been served upon the City except ten (10) days shall be allowed
for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall
include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the
insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written
notice of cancellation has been served upon the City except ten (10) days shall be allowed for
non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the
insurer waives all rights of subrogation against the City, its officials, officers, employees, agents,
and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of
Commercial General Liability and Automobile Liability insurance shall be primary and any other
insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees,
agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be
endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages,
except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation
in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Recipient or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Recipient hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subrecipients.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-
insured retention must be approved in writing by the City and shall protect the City, its officials,
officers, employees, agents, and volunteers in the same manner and to the same extent as they
would have been protected had the policy or policies not contained a deductible or self-insured
retention.
3.3.11.7 Evidence of Insurance. The Recipient, concurrently with the
execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall
deliver either certified copies of the required policies, or original certificates on forms approved by
the City, together with all endorsements affecting each policy. Required insurance policies shall
not be in compliance if they include any limiting provision or endorsement that has not been
submitted to the City for approval. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that
such insurance coverage has been renewed or extended shall be filed with the City. If such
coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the
required coverage, Recipient shall, within ten (10) days after receipt of written notice of such
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cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance company
or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a
company or companies with a current A.M. Best's rating of no less than A:VII and authorized to
transact business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code or any
federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel). Recipient
acknowledges and agrees that actual or alleged failure on the part of the City to inform Recipient
of non-compliance with any requirement imposes no additional obligation on the City nor does it
waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage
or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or
other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Recipient, and any approval of said insurance by the
City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Recipient pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is canceled
and not replaced, City has the right but not the duty to obtain the insurance it deems necessary
and any premium paid by City will be promptly reimbursed by Recipient or City will withhold
amounts sufficient to pay premium from Recipient payments. In the alternative, City may cancel
this Agreement.
(C) The City may require the Recipient to provide complete
copies of all insurance policies in effect for the duration of the Agreement.
(D) Neither the City nor any of its officials, officers, employees,
agents or volunteers shall be personally responsible for any liability arising under or by virtue of
this Agreement.
(E) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the limits of
liability. Further the limits set forth herein shall not be construed to relieve the Recipient from
liability in excess of such coverage, nor shall it limit the Recipient’s indemnification obligations to
the City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
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(F) Recipient shall report to the City, in addition to Recipient’s
insurer, any and all insurance claims submitted by Recipient in connection with the Programs
under this Agreement.
3.3.11.12 Insurance for Subrecipients. Recipient shall include all
subrecipients engaged in any work for Recipient relating to this Agreement as additional insureds
under the Recipient's policies, or the Recipient shall be responsible for causing subrecipients to
purchase the appropriate insurance in compliance with the terms of these Insurance
Requirements, including adding the City, its officials, officers, employees, agents, and volunteers
as additional insureds to the subrecipient's policies. All policies of Commercial General Liability
insurance provided by Recipient’s subrecipients performing work relating to this Agreement shall
be endorsed to name the City, its officials, officers, employees, agents and volunteers as
additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing
equivalent coverage. Recipient shall not allow any subrecipient to commence work on any
subcontract relating to this Agreement until it has received satisfactory evidence of subrecipient’s
compliance with all insurance requirements under this Agreement, to the extent applicable. The
Recipient shall provide satisfactory evidence of compliance with this section upon request of the
City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Recipient is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Programs are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Recipient agrees to fully comply with such Prevailing Wage Laws. City shall
provide Recipient with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Recipient shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Programs
available to interested parties upon request, and shall post copies at the Recipient's principal
place of business and at the project site. It is the intent of the parties to effectuate the
requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code
within this Agreement, and Recipient shall therefore comply with such Labor Code sections to the
fullest extent required by law. Recipient shall defend, indemnify and hold the City, its officials,
officers, employees, agents, and volunteers free and harmless from any claim or liability arising
out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Programs are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Recipient and all subrecipients must be registered with the Department of Industrial
Relations (“DIR”). Recipient shall maintain registration for the duration of the Agreement and
require the same of any subrecipients.
3.4.3 Compliance Monitoring. This Agreement may also be subject to
compliance monitoring and enforcement by the DIR. It shall be Recipient’s sole responsibility to
comply with all applicable registration and labor compliance requirements, including the
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submission of payroll records directly to the DIR. Any stop orders issued by the DIR against
Recipient or any subrecipient that affect Recipient’s performance of services, including any delay,
shall be Recipient’s sole responsibility. Any delay arising out of or resulting from such stop orders
shall be considered Recipient caused delay and shall not be compensable by the City. Recipient
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR against Recipient
or any subrecipient.
3.4.4 Labor Certification. By its signature hereunder, Recipient certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Programs.
3.5 Violations and Termination of Agreement.
3.5.1.1 Effect of Violations of Agreement. If the City discovers that
Recipient has breached any part of this Agreement or made a material misrepresentation, or
otherwise provided false information in its proposal or any document provided to City to support
Recipient’s request or a reimbursement, or Recipient has misused the Funds or used them for an
ineligible expenditure, Recipient shall return the entirety of the Funds to the City within ten (10)
calendar days of the City’s written notice. The City’s decision shall be final. Additionally, the City
shall have all other remedies besides the remedy provided herein to enforce this Agreement and
its Program.
3.5.1.2 Specific Performance. Recipient agrees that, by accepting
Funds, the City has the legal right, and that all necessary conditions have been satisfied, to
specifically enforce Recipient’s obligations pursuant to this Agreement.
3.5.1.3 Grounds for Termination. Notwithstanding anything to the
contrary herein, City may, by written notice to Recipient, terminate the whole or any part of this
Agreement at any time and without cause by giving written notice to Recipient of such termination,
and specifying the effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination for cause, Recipient may be required to refund any portion of the
Funds that have been spent contrary to this Agreement and Recipient shall be entitled to no
further compensation. Recipient may not terminate this Agreement except for cause. The rights
and remedies of the City provided in this section shall not be exclusive and are in addition to any
other rights and remedies provided by law, equity or under this Agreement.
3.5.1.4 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Recipient to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Recipient in connection with the performance
of Programs under this Agreement. Recipient shall be required to provide such document and
other information within fifteen (15) days of the request.
3.5.1.5 Mitigation for Programs. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
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3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Recipient shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Recipient, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Programs or this Agreement,
including without limitation the payment of all damages, expert witness fees and attorney’s fees
and other related costs and expenses except such loss or damage caused by the sole negligence
or willful misconduct of the City. Recipient's obligation to indemnify shall survive expiration or
termination of this Agreement and shall not be restricted to insurance proceeds, if any, received
by Recipient, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Recipient’s obligation to defend, indemnify, and/or hold harmless arises
out of Recipient’s performance as a “design professional” (as that term is defined under Civil Code
section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Recipient’s indemnification obligation shall be limited to claims that arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Recipient, and,
upon Recipient obtaining a final adjudication by a court of competent jurisdiction, Recipient’s
liability for such claim, including the cost to defend, shall not exceed the Recipient’s proportionate
percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records.
3.7.1.1 Recipient shall maintain complete and accurate records with
respect to all costs and expenses incurred under this Agreement. All such records shall be clearly
identifiable. Recipient shall allow a representative of City during normal business hours to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Recipient shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three (3) years from the date
of final payment under this Agreement.
3.7.1.2 Recipient shall maintain true, proper, and complete
documentation that evidences Recipient’s expenditures for approved uses of Funds (“Records”)
for five (5) years after all funds have been expended or through December 31, 2026, whiche ver
date is later. Recipient shall make available to City such Records within ten (10) calendar days
of the City’s request. Recipient understands that other agencies, including, without limitation, the
federal government, is authorized to audit City’s use of ARPA funds. Recipient shall use its best
efforts to cooperate, promptly, in any audit by any agency or entity, including a City audit. This
Section shall survive the termination or expiration of this Agreement.
3.7.1.3 Recipient shall provide notification to City of any audits or
investigations including results, findings, and/or liens
3.7.2 Independent Contractors and Subcontracting.
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3.7.2.1 Use of Contractors. Recipient is aware of statutory and case law
regarding classification of workers as independent contractors, including California Labor Code
Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To
ensure that Recipient is in compliance with the California Labor Code, Recipient shall only utilize
its employees to provide the Programs. Recipient may not provide the services through any
independent contractor, subcontractor or subrecipient (“Subcontractor(s)”) unless approved by
the City as set forth in Section 3.7.2.2 below. Recipient represents and warrants that all personnel
who perform the Programs on Recipient’s behalf are Recipient’s employees, and that Recipient
complies with all applicable laws, rules and regulations governing its employees, including, but
not limited to, the California Labor Code, Unemployment Insurance Code and all applicable
Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Recipient shall not use any
Subcontractor to provide the Programs, or any portion of the work required by this Agreement,
without prior written approval of City. In the event that City authorizes Recipient to use a
Subcontractor, Recipient shall enter into a written agreement with the Subcontractor, which must
include all provisions of the Agreement, including a restriction on the Subcontractor’s use of
further independent contractors, subcontractors or subrecipients without the City’s prior written
consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Recipient: 5Cities Homeless Coalition
100 South 4th Street, PO Box 558
Grover Beach, CA 93483
ATTN: Janna Nichols, Executive Director
City: City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
ATTN: Bill Robeson, Interim City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or c aused to be
prepared by Recipient under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or in substantial part by
Recipient on other projects without the City’s express written permission. Within thirty (30) days
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following the completion, suspension, abandonment or termination of this Agreement, Recipient
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City at
the actual cost of duplication. Recipient shall have no right to retain or fail to provide to City any
such documents pending resolution of a dispute. In addition, Recipient shall retain copies of all
Documents & Data on file for a minimum of fifteen (15) years following completion of the Programs
under this Agreement, and shall make copies available to City upon the payment of actual
reasonable duplication costs. Before destroying the Documents & Data following this retention
period, Recipient shall make a reasonable effort to notify City and provide City with the opportunity
to obtain the documents.
3.7.4.2 Subrecipients. Recipient shall require all subrecipients to agree
in writing that City is granted a non-exclusive and perpetual license for any Documents & Data
the subrecipient prepares pursuant to this Agreement. Recipient represents and warrants that
Recipient has the legal right to license any and all Documents & Data. Recipient makes no such
representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Recipient or its subrecipients, or those provided to Recipient by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or
reuse of the Documents and Data or any part of them at any time for purposes of this Agreement
or another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Agreement without employing the services of Recipient shall be at
City’s sole risk. If City uses or reuses the Documents & Dat a on any project other than this this
Agreement, it shall remove the Recipient’s seal from the Documents & Data and indemnify and
hold harmless Recipient and its officers, directors, agents and employees from claims arising out
of the negligent use or re-use of the Documents & Data on such other project. Recipient shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Recipient shall not be responsible or
liable for any revisions to the Documents & Data made by any party other than Recipient, a party
for whom the Recipient is legally responsible or liable, or anyone approved by the Recipient.
3.7.4.4 Indemnification. Recipient shall defend, indemnify and hold the
City, its directors, officials, officers, employees, volunteers and agents free and harmless,
pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any
patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person
or entity in consequence of the use by City of the Documents & Data, including any method,
process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Recipient in connection
with the performance of this Agreement shall be held confidential by Recipient. Such materials
shall not, without the prior written consent of City, be used by Recipient for any purposes other
than the performance of the Programs. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the Programs. Nothing furnished to Recipient which
is otherwise known to Recipient or is generally known, or has become known, to the related
industry shall be deemed confidential. Recipient shall not use City's name or insignia,
photographs, or any publicity pertaining to the Programs provided under this Agreement in any
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magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in San Luis Obispo County. In addition to any and all contract
requirements pertaining to notices of and requests for compensation or payment for extra work,
disputed work, claims and/or changed conditions, Recipient must comply with the claim
procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against
the City. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited to those matters that remain unresolved after all
procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been
followed by Recipient. If no such Government Code claim is submitted, or if any prerequisite
contractual requirements are not otherwise satisfied as specified herein, Recipient shall be barred
from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.7.10 City's Right to Fund Other Beneficiaries. City reserves right to fund other
beneficiaries in connection with services similar to the Programs.
3.7.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.7.12 Assignment or Transfer. Recipient shall not assign, sublet, or transfer this
Agreement or any rights under or interest in this Agreement without the written consent of the
City, which may be withheld for any reason. Any attempt to so assign or so transfer without such
consent shall be void and without legal effect and shall constitute grounds for terminatio n.
Recipient shall not subcontract any portion of the Programs required by this Agreement, except
as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Recipient include all personnel, employees, agents, and subrecipients of
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Recipient, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of
this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Taxes. The City and Recipient expressly agree that the Recipient shall be
responsible for all taxes that are associated in any way with the receipt or use of the Funds.
3.7.18 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.7.19 Prohibited Interests. Recipient maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Recipient, to solicit or secure this Agreement. Recipient warrants that it has not paid nor has
it agreed to pay any company or person, other than a bona fide employee working solely for
Recipient, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Recipient further agrees to file, or
shall cause its employees or subrecipients to file, a Statement of Economic Interest with the City’s
Filing Officer as required under state law in the performance of the Programs. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability. For
the term of this Agreement, no member, officer or employee of City, during the term of his or her
service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.7.20 Authority to Enter Agreement. Recipient has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.7.21 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.7.22 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
3.8 Federal Provisions. Funding for the Programs is provided, in whole or in part, by
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an agency of the federal government; Recipient shall also fully and adequately comply with the
provisions included in Exhibit “A-1” (Federal Requirements) attached hereto and incorporated
herein by reference (“Federal Requirements”). With respect to any conflict between such Federal
Requirements and the terms of this Agreement and/or the provisions of state law, the more
stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARROYO GRANDE AND
5CITIES HOMELESS COALITION
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written (the “Effective Date”).
CITY OF ARROYO GRANDE 5CITIES HOMELESS COALITION
By:
Ken Dalebout, President
By:
Its:
Printed Name:
Approved By:
Bill Robeson, Interim City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
Isaac Rosen, City Attorney
Attested By:
City Clerk
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BB&K (2020) Exhibits ARPA BENEFICIARY AGREEMENT
EXHIBIT “A”
PROGRAMS
5Cities Homeless Coalition operates a seasonal winter warming center, which provides
emergency shelter, meals, and case management services. 5CHC case managers on
site during guest hours to perform initial assessments for clients, to identify case plans
for long-term housing stability, and provide for their immediate needs. The primary goal
of the warming center is to keep people from falling ill or dying due to seasonal
elements. That said, the Coalition’s goals are far broader, in that we endeavor, as with
all of our programs, to assist people in transforming their lives and regaining permanent
housing (or preventing homelessness in the first place).
This proposal focuses on two key programs:
Permanent Location and Operation for Inclement Weather Shelter; and
Potential for Expanded Recuperative Care
Winter Warming Center 2023-2024/2025-26 Seasons
– South County’s Only Inclement Weather Shelter:
Historically 5Cities Homeless Coalition has operated a seasonal shelter during
inclement weather. This shelter has been limited to operating 4-5 months due to the
limited availability of shelter space in the community. 5CHC has operated a winter
warming center since 2015, in that time there has been no permanent location for the
shelter and it has been required to move 6 times in the past 8 years. The shelter
services have been provided in a small 20 x 20 conference room at the Department of
Social Services, at two different churches, and three different civic centers. In each
location, the shelter has been forced to set-up and break-down on a daily-basis; and
has operated under limited conditions, often times having to share space with other
programs or events. This past season only one location was finally able to be secured
in late November, the South County Regional Center operated by the South County
Chamber, which required a rental fee of $2,500 per night of operation (to offset their
ability to rent the facility at other days and times). This location was only available due
to limited use opportunities during COVID, will not be available in the 2023 -24 season,
which caused 5CHC and local community leaders to aggressively look for a
potentially permanent location.
A new location has been identified, and this proposal will assist 5CHC to enter into a
City of Arroyo Grande
Winter Shelter Proposal
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long-term lease for a year-around facility that will both serve as an inclement weather
shelter and also enable the Coalition to potentially expand services with a new
recuperative care program. Details of the new facility follow.
Inclement Weather Shelter: Due to limited availability for seasonal space, 5CHC has
been limited to operating the winter shelter for no more than 5 months and has also
been required to limit service to night-time only and closing during the day. Even in
heavy storms, the shelter has closed at 7:00 a.m. and shelter guests were asked to
vacate the property.
This proposal plans for 60 nights of shelter operation (which could be extended should
weather or shelter needs change) over the course of the entire winter and does not
require 5CHC to vacate the facility by March 30th (as has been the limitation of prior
locations). 5CHC also intends to expand its shelter services to remain open during the
day if needed, depending on the weather. The current plan, in keeping with prior years,
is to activate the winter shelter with predictions of temperatures below 38°F, or with rain
forecast at 50% or greater.
An added benefit of a long-term lease for the shelter, is that it will enable 5CHC to admit
pets along with their owners. It is anticipated that shelter utilization will increase, once it
is known that pets will also be welcome. Due to the shared uses of prior locations with
other events or service, 5CHC had to restrict pets and only allow for service animals.
This last season (mid-November 2022-March 31, 2023) the shelter opened on 58
nights, but only remained open on 4 days during extreme flooding. 118 unique
individuals (84 Male and 34 Female) took advantage of the shelter during the courses of
the winter, with 87 of them reporting being first-time guests not having utilized the
shelter in prior years. 35% of the guests were age 50 and older.
Due to the COVID pandemic a majority of our shelter volunteers were unable to serve
as overnight monitors at the shelter as in years past. Since the height of the COVID
pandemic some volunteers have returned to serve at the facility, but most have done
this in providing an evening meal, with very few renewing their s ervices as an overnight
monitor. Thus, the budget reflects paid staffing for shelter monitors, and a reduced
amount for shelter meals.
Expanded Recuperative Care Services – Not currently offered in South County:
5CHC has strong collaborative relationships with Arroyo Grande Community Hospital (a
part of Marian Medical Center), and other homeless service providers in the region. It has
long been recognized that there are not sufficient recuperative care respite beds available
in the region for those experiencing homelessness, and none in South County.
By securing a permanent location for the winter shelter, a new opportunity has
presented itself, to expand utilization of the building on a year-around basis. One such
opportunity is to fill a need for recuperative care for those experiencing
homelessness, but not needing hospitalization. 5CHC has only recently initiated
discussions regarding a recuperative care program with CenCal Health and Dignity
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Health, and has not yet spoken with the City to initiate this new program, and thus the
budget presented does not include this service.
Building Lease:
A building has been identified, and for which 5CHC is now in final negotiations to
lease. Several steps are underway to make this facility available for the upcoming
winter shelter and future discussions regarding year-around operations.
5Cities Homeless Coalition has drafted a management plan that includes information
about staff training, security, methods for screening guest to ensure compatibility with
services provided at the facility, as well as information about training, counseling and
treatment programs provided at the shelter. The remaining piece to include relates to
neighborhood outreach, which we hope to further define once a lease is finalized and
a target move-in date is finalized with the owner.
5CHC understands that our request to the City, may be conditional on the
City’s acceptance of our operation plan, as defined in the Municipal Code.
Attached is a three-year budget, that aligns with the City’s deadline for expenditure of
the ARPA funds by Dec. 31, 2026. One point of note is to highlight that no funds from
the City of Grover Beach are currently targeted to this program. 5CHC has current
grant agreements in place with the City of Grover Beach for services including support
5CHC’s newly opened non-congregate “Cabins for Change” shelter and additional
support to open a second shelter. The City of Grover Beach has heavily supported the
winter shelter in prior years, and 5CHC will seek further support in future years.
A draft budget is on succeeding page, estimating cost utilization for 60 nights and 20
days of operation. Due to the variability of weather should it not be necessary to utilize
the budgeted funds in one year, 5CHC will spend down those with the restricted
spending deadlines and carry the residual forward.
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EXHIBIT "A-1"
FEDERAL REQUIREMENTS
1. Recipient acknowledges that the funding for the agreement to which this Exhibit is
attached (“Agreement”) is from federal, state, and/or City funds, including but not limited to
American Rescue Plan Act State and Local Fiscal Recovery Funds (“ARPA”). Recipient shall
comply with the requirements of the funding source, which includes but is not limited to ARPA, as
applicable to projects funded under the Revenue Loss category.
2. With respect to any conflict between the funding source requirements, this Exhibit, the
terms of the Agreement, or the provisions of state law, or city law or regulation, the more stringent
requirement shall control. In the event of an irreconcilable conflict between the requirements of
the funding source and the Agreement, the requirement of the funding source shall control and
shall amend the Agreement to the extent, and only to the extent, of the irreconcilable conflict.
3. Recipient agrees to accept any additional conditions governing the use of funds or
performance of programs as may be required by executive order, federal, state or local statute,
ordinance, rule or regulation or by policy adopted or issued by the State or Federal government,
or the awarding Federal agency.
4. Recipient shall comply with the assurances and certifications, which are attached hereto
and incorporated herein.
(Specific Assurances and Certifications begin on next page.)
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SPECIFIC ASSURANCES AND CERTIFICATIONS
1. ASSURANCES
In performing its responsibilities under this Agreement, Recipient assures that it will fully
comply with the following provisions as applicable:
1.1 American Rescue Plan Act - Generally
1.1.1 Recipient shall comply with the requirements of
(a) section 602 and 603 of the Social Security Act, regulations
adopted by the U.S. Department of Treasury pursuant to sections 602(f) and 603(f) of the Act;
(b) Coronavirus State and Local Fiscal Recovery Funds Final Rule,
codified at 31 CFR Part 35,
(c) U.S. Department of the Treasury Coronavirus State and Local
Fiscal Recovery Fund Award Terms and Conditions, and
(d) Guidance issued by Treasury regarding the foregoing, all of which
are expressly incorporated herein by reference.
1.1.2 Recipient agrees and acknowledges that the Federal Government is not
a party to this Agreement and is not subject to any obligations or liabilities to the City,
contractor, or any other party pertaining to any matter resulting from the Agreement.
1.2 Federal regulations applicable to ARPA-funded Agreements
Recipient shall comply with the requirements of federal regulations applicable to this
Agreement funded through ARPA, including, without limitation, the following:
1.2.1 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 CFR Part 200, other than such provisions as Treasury may
determine are inapplicable and subject to such exceptions as may be otherwise provided by
Treasury; including without limitation: (i) the requirement that costs be allowable under 2 CFR
200.403, and (iii) comply with the Single Audit Act under Subpart F – Audit Requirements of the
Uniform Guidance.
1.2.2 Universal Identifier and System for Award Management (SAM), 2 CFR
Part 25, pursuant to which the award term set forth in Appendix A to 2 CFR Part 25 is hereby
incorporated by reference.
1.2.3 Recipient Integrity and Performance Matters, pursuant to which the
award term set forth in 2 CFR. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
1.2.4 Governmentwide Requirements for Drug-Free Workplace, 31 CFR Part
20.
1.2.5 New Restrictions on Lobbying, 31 CFR Part 21.
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1.2.6 Uniform Relocation Assistance and Real Property Acquisitions Act of
1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
1.2.7 Generally applicable federal environmental laws and regulations and all
other applicable Federal, State, and City laws, executive orders, regulations and policies
governing this Agreement.
1.3 Non-Discrimination
Recipient shall comply with the statues and regulations prohibiting discrimination,
including but not limited to:
1.3.1 Title VI of the Civil Rights Act of 1964, as amended, which prohibits
exclusion from participation, denial of the benefits of, or subjection to discrimination under
programs and activities receiving federal funds, of any person in the United States on the
ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the
Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive
orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or
guidance documents.
1.3.2 The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability;
1.3.3 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) (24
CFR Parts 8‐9);
1.3.4 Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),
and Treasury’s implementing regulations at 31 CFR Part 23, which prohibit discrimination on the
basis of age in programs or activities receiving federal financial assistance.
1.3.5 Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
1.3.6 Recipient acknowledges that Executive Order 13166, “Improving Access
to Services for Persons with Limited English Proficiency,” seeks to improve access to federally
assisted programs and activities for individuals who, because of national origin, have Limited
English Proficiency (LEP). Recipient understands that denying a person access to its
programs, services, and activities because of LEP is a form of national origin discrimination
prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s
implementing regulations. Accordingly, Recipient shall
(a) Initiate reasonable steps, or comply with the Department of the
Treasury’s directives, to ensure that LEP persons have meaningful access to its programs,
services, and activities, which may entail providing language assistance services, including oral
interpretation and written translation where necessary, to ensure effective communication in the
Recipient’s programs, services, and activities under the Agreement.
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(b) Consider the need for language services for LEP persons during
development of applicable budgets and when conducting programs, services and activities
under the Agreement. As a resource, the Department of the Treasury has published its LEP
guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.
(c) Acknowledge and agree that compliance with this assurance
constitutes a condition of continued receipt of federal financial assistance and is binding upon
Recipient and Recipient’s successors, transferees and assignees for the period in which such
assistance is provided.
(d) Acknowledge and agree that it must require any contractors,
subcontractors, successors, transferees, and assignees to comply with the assurances f(ii) and
f(iii), above, and agrees to incorporate the following language in every contract or agreement
subject to Title VI between Recipient and its subcontractors, successors, transferees, and
assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee
shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
recipients of federal financial assistance from excluding from a program or
activity, denying benefits of, or otherwise discriminating against a person on the
basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of the Treasury’s Title VI regulations, 31 CFR
Part 22, which are herein incorporated by reference and made a part of this
contract (or agreement). Title VI also includes protection to persons with
“Limited English Proficiency” in any program or activity receiving federal
financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the
Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein
incorporated by reference and made a part of this contract or agreement.
1.4 Protections for Whistleblowers.
1.4.1 In accordance with 41 U.S.C. § 4712, Recipient may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds,
an abuse of authority relating to a federal contract or grant, a substantial and specific danger to
public health or safety, or a violation of law, rule, or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant.
1.4.2 The list of persons and entities referenced in the paragraph above
includes the following:
(a) A member of Congress or a representative of a committee of
Congress;
(b) An Inspector General;
(c) The Government Accountability Office;
(d) A Treasury employee responsible for contract or grant oversight or
management;
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(e) An authorized official of the Department of Justice or other law
enforcement agency;
(f) A court or grand jury; or
(g) A management official or other employee of Recipient, contractor,
or subcontractor who has the responsibility to investigate, discover, or address misconduct
1.4.3 Recipient shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
1.5 Increasing Seat Belt Use in the United States.
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should
encourage its contractors to adopt and enforce on-the-job seat belt policies and programs
for their employees when operating company-owned, rented or personally owned
vehicles.
1.6 Reducing Text Messaging While Driving.
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should
encourage its employees, subconsultants, and contractors to adopt and enforce policies
that ban text messaging while driving, and Recipient should establish workplace safety
policies to decrease accidents caused by distracted drivers.
1.7 Conflicts of Interest.
Recipient shall take all necessary affirmative steps to prevent conflicts of interest as required by
2 CFR § 200.318 and the City’s conflict of interest policy, including but not limited to written
disclosure to the City of any potential conflict of interest.
1.8 Records and Access.
1.8.1 Recipient shall maintain records and financial documents sufficient to
evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that
section, guidance issued by Treasury regarding the foregoing, and 2 CFR 200.334-.338.
1.8.2 Recipient shall provide the Department of Treasury, Inspectors General,
the Comptroller of the United States, City or any of their authorized representatives access to
any documents, papers, or other records of the Recipient which are directly pertinent to this
Agreement for the purposes of making audits, examinations, excerpts, and transcriptions, and to
allow such parties to reproduce by any means whatsoever or to copy excerpts and
transcriptions as reasonably needed and access to construction or work sites pertaining to the
Services being completed under the Agreement.
1.8.3 Records shall be maintained by Recipient for a period of five (5) years
after all funds have been expended or returned to Treasury, whichever is later, with such date
anticipated by Recipient and the City to be December 31, 2026.
(Certifications begin on next page.)
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2. CERTIFICATIONS
2.1 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS.
As required by Executive Orders 12549 and 12689, the undersigned, on behalf of the Recipient,
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any federal department or agency. Further, the undersigned agrees this is a covered transaction
under 2 CFR Part 180 and will, consequently, include a term or condition in all lower tier covered
transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the
Agreement is subject to 2 CFR Part 180 and Treasury’s implementing regulation at 31 CFR Part
19.
2.2 FALSE STATEMENTS.
Recipient understands that making false statements or claims in connection with this Agreement
is a violation of federal law and may result in criminal, civil, or administrative sanctions, including
fines, imprisonment, civil damages and penalties, debarment from participating in federal awards
or contracts, and/or any other remedy available by law.
2.3 CERTIFICATION OF NON-DELINQUENCY OF FEDERAL DEBT.
The undersigned, on behalf of the Recipient, certifies to the best of his or her knowledge
and belief that the Recipient is not delinquent in the repayment of any Federal debt as required
by 28 U.S.C.S. § 3201.
2.4 PERIOD OF PERFORMANCE
Notwithstanding any other expiration date provided in the Agreement, the period of
performance for the City’s award ends on December 31, 2026. Recipient acknowledges
that failure to submit any documentation to the City (including but not limited to invoices,
compliance reports, change orders, progress reports, or backup documentation
supporting invoices) at least sixty days prior to this date and/or failure to complete any
activity required under the Agreement prior to the end of the period of performance may
result in loss of federal funds for the project and shall constitute an event of default under
the Agreement.
As the duly authorized representative of the Recipient, I hereby certify that the Recipient will
comply with the requirements of this Exhibit including the above certifications and has the
authority to enter in to this Exhibit to the Agreement.
_________________________________________ _____________
Signature of Authorized Representative Date
_________________________________________
Print Name and Title of Authorized Representative
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EXHIBIT “B”
PROGRAM BUDGET
36 Month Faciity Use (Including Seasonal Inclement Shelter Operation - Nov. -March Annually)
2023-24 2024-25 2025-26
Income:
Private Cash Contributions (No Expenditure Deadline) - 2023-24 Secured $115,000 $115,000 $115,000
County of San Luis Obispo - PLHA (Flexible Spending Deadline) - 2023-24 Secured $61,907 $61,907 $61,907
City of Pismo Beach GF $25,000 $25,000 $25,000
City of Grover Beach GF $0 $10,000 $10,000
City of Arroyo Grande ARPA (Expend Deadline 12/31/2026) $34,000 $33,000 $33,000
TOTAL INCOME $235,907 $244,907 $244,907
Expense:
Facility - 12 Month Operational Costs
Rent (12 Mo x $3150) $37,800 $38,934 $40,102
Trash ($100/mo) $1,200 $1,236 $1,273
Internet/Phone ($250/mo) $3,000 $3,090 $3,183
Gas/Electric ($1000/mo) $12,000 $12,360 $12,731
Water ($75/mo) $900 $927 $955
Janitorial ($1,000/mo) $12,000 $12,360 $12,731
Night-Time Warming Center - 60 Nights Per Season
Supervision – Program Manager .05 FTE $4,990 $5,240 $5,501
Warming Center Supervisor .25 FTE (Coordinated Entry/Case Management) $22,062 $23,165 $24,323
Warming Center Monitors (2/shift x 16hrs) $57,600 $60,480 $63,504
Food (20 Guests * $10@ * 60 Nights) $12,000 $12,360 $12,731
Transportation ($1,000 * 6 Mo) $5,000 $6,000 $7,000
Linen Supply (Bedding and Towels Replacement) $2,000 $500 $500
Laundry (Client Bedding) $10,000 $10,300 $10,609
Expanded Day-Time Warming Center Staffing - Severe
Storms Warming Center Monitors (2/shift x 8hrs) - 20 days $9,440 $9,912 $10,408
Equipment/Program Supplies
PPE/Isolation/Program Supplies $12,000 $12,000 $12,000
Equipment: 2 Client Computer Workstations $3,000 $0 $0
Replacement Cots $2,000 $500 $500
Commercial Washer/Dryer & Personal Client Cleaning Supplies $8,000 $2,000 $2,000
$214,992 $211,364 $220,050
Grant Management/Reporting/HMIS $4,500 $4,725 $4,961
Shared Operations Cost, 8% $17,199 $16,909 $17,604
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TOTAL EXPENSE $236,691 $232,998 $242,616
Warming Center Operation: Estimate 60 nights per season
November 1 ,2023 - March 31, 2024
November 1, 2024 - March 31, 2025
November 1, 2025 - March 31, 2026
Page 53 of 575
City of Arroyo Grande
Winter Shelter Proposal
5Cities Homeless Coalition operates a seasonal winter warming center, which provides
emergency shelter, meals, and case management services. 5CHC case managers on
site during guest hours to perform initial assessments for clients, to identify case plans
for long-term housing stability, and provide for their immediate needs. The primary goal
of the warming center is to keep people from falling ill or dying due to seasonal
elements. That said, the Coalition’s goals are far broader, in that we endeavor, as with
all of our programs, to assist people in transforming their lives and regaining permanent
housing (or preventing homelessness in the first place).
This proposal focuses on two key programs:
•Permanent Location and Operation for Inclement Weather Shelter; and
•Potential for Expanded Recuperative Care
Winter Warming Center 2023-2024/2025-26 Seasons
–South County’s Only Inclement Weather Shelter:
Historically 5Cities Homeless Coalition has operated a seasonal shelter during
inclement weather. This shelter has been limited to operating 4-5 months due to the
limited availability of shelter space in the community. 5CHC has operated a winter
warming center since 2015, in that time there has been no permanent location for the
shelter and it has been required to move 6 times in the past 8 years. The shelter
services have been provided in a small 20 x 20 conference room at the Department of
Social Services, at two different churches, and three different civic centers. In each
location, the shelter has been forced to set-up and break-down on a daily-basis; and
has operated under limited conditions, often times having to share space with other
programs or events. This past season only one location was finally able to be secured
in late November, the South County Regional Center operated by the South County
Chamber, which required a rental fee of $2,500 per night of operation (to offset their
ability to rent the facility at other days and times). This location was only available due
to limited use opportunities during COVID, will not be available in the 2023-24 season,
which caused 5CHC and local community leaders to aggressively look for a potentially
permanent location.
A new location has been identified, and this proposal will assist 5CHC to enter into a
long-term lease for a year-around facility that will both serve as an inclement weather
shelter and also enable the Coalition to potentially expand services with a new
recuperative care program. Details of the new facility follow.
ATTACHMENT 2
Page 54 of 575
Inclement Weather Shelter: Due to limited availability for seasonal space, 5CHC has
been limited to operating the winter shelter for no more than 5 months and has also
been required to limit service to night-time only and closing during the day. Even in
heavy storms, the shelter has closed at 7:00 a.m. and shelter guests were asked to
vacate the property.
This proposal plans for 60 nights of shelter operation (which could be extended should
weather or shelter needs change) over the course of the entire winter and does not
require 5CHC to vacate the facility by March 30th (as has been the limitation of prior
locations). 5CHC also intends to expand its shelter services to remain open during the
day if needed, depending on the weather. The current plan, in keeping with prior years,
is to activate the winter shelter with predictions of temperatures below 38°F, or with rain
forecast at 50% or greater.
An added benefit of a long-term lease for the shelter, is that it will enable 5CHC to admit
pets along with their owners. It is anticipated that shelter utilization will increase, once it
is known that pets will also be welcome. Due to the shared uses of prior locations with
other events or service, 5CHC had to restrict pets and only allow for service animals.
This last season (mid-November 2022-March 31, 2023) the shelter opened on 58
nights, but only remained open on 4 days during extreme flooding. 118 unique
individuals (84 Male and 34 Female) took advantage of the shelter during the courses of
the winter, with 87 of them reporting being first-time guests not having utilized the
shelter in prior years. 35% of the guests were age 50 and older.
Due to the COVID pandemic a majority of our shelter volunteers were unable to serve
as overnight monitors at the shelter as in years past. Since the height of the COVID
pandemic some volunteers have returned to serve at the facility, but most have done
this in providing an evening meal, with very few renewing their services as an overnight
monitor. Thus, the budget reflects paid staffing for shelter monitors, and a reduced
amount for shelter meals.
Expanded Recuperative Care Services – Not currently offered in South County:
5CHC has strong collaborative relationships with Arroyo Grande Community Hospital (a
part of Marian Medical Center), and other homeless service providers in the region. It
has long been recognized that there are not sufficient recuperative care respite beds
available in the region for those experiencing homelessness, and none in South County.
By securing a permanent location for the winter shelter, a new opportunity has
presented itself, to expand utilization of the building on a year-around basis. One such
opportunity is to fill a need for recuperative care for those experiencing homelessness,
but not needing hospitalization. 5CHC has only recently initiated discussions regarding
a recuperative care program with CenCal Health and Dignity Health, and has not yet
spoken with the City to initiate this new program, and thus the budget presented does
not include this service.
Page 55 of 575
Building Lease:
A building has been identified, and for which 5CHC is now in final negotiations to lease.
Several steps are underway to make this facility available for the upcoming winter
shelter and future discussions regarding year-around operations.
5Cities Homeless Coalition has drafted a management plan that includes information
about staff training, security, methods for screening guest to ensure compatibility with
services provided at the facility, as well as information about training, counseling and
treatment programs provided at the shelter. The remaining piece to include relates to
neighborhood outreach, which we hope to further define once a lease is finalized and a
target move-in date is finalized with the owner.
5CHC understands that our request to the City, may be conditional on the City’s
acceptance of our operation plan, as defined in the Municipal Code.
Attached is a three-year budget, that aligns with the City’s deadline for expenditure of
the ARPA funds by Dec. 31, 2026. One point of note is to highlight that no funds from
the City of Grover Beach are currently targeted to this program. 5CHC has current
grant agreements in place with the City of Grover Beach for services including support
5CHC’s newly opened non-congregate “Cabins for Change” shelter and additional
support to open a second shelter. The City of Grover Beach has heavily supported the
winter shelter in prior years, and 5CHC will seek further support in future years.
A draft budget is on succeeding page, estimating cost utilization for 60 nights and 20
days of operation. Due to the variability of weather should it not be necessary to utilize
the budgeted funds in one year, 5CHC will spend down those with the restricted
spending deadlines and carry the residual forward.
Page 56 of 575
36 Month Faciity Use (Including Seasonal Inclement Shelter Operation - Nov. -March Annually)
2023-24 2024-25 2025-26
Income:
Private Cash Contributions (No Expenditure Deadline) - 2023-24 Secured $115,000 $115,000 $115,000
County of San Luis Obispo - PLHA (Flexible Spending Deadline) - 2023-24 Secured $61,907 $61,907 $61,907
City of Pismo Beach GF $25,000 $25,000 $25,000
City of Grover Beach GF $0 $10,000 $10,000
City of Arroyo Grande ARPA (Expend Deadline 12/31/2026) $34,000 $33,000 $33,000
TOTAL INCOME $235,907 $244,907 $244,907
Expense:
Facility - 12 Month Operational Costs
Rent (12 Mo x $3150) $37,800 $38,934 $40,102
Trash ($100/mo) $1,200 $1,236 $1,273
Internet/Phone ($250/mo) $3,000 $3,090 $3,183
Gas/Electric ($1000/mo) $12,000 $12,360 $12,731
Water ($75/mo) $900 $927 $955
Janitorial ($1,000/mo) $12,000 $12,360 $12,731
Night-Time Warming Center - 60 Nights Per Season
Supervision – Program Manager .05 FTE $4,990 $5,240 $5,501
Warming Center Supervisor .25 FTE (Coordinated Entry/Case Management) $22,062 $23,165 $24,323
Warming Center Monitors (2/shift x 16hrs) $57,600 $60,480 $63,504
Food (20 Guests * $10@ * 60 Nights) $12,000 $12,360 $12,731
Transportation ($1,000 * 6 Mo) $5,000 $6,000 $7,000
Linen Supply (Bedding and Towels Replacement) $2,000 $500 $500
Laundry (Client Bedding) $10,000 $10,300 $10,609
Expanded Day-Time Warming Center Staffing - Severe Storms
Warming Center Monitors (2/shift x 8hrs) - 20 days $9,440 $9,912 $10,408
Equipment/Program Supplies
PPE/Isolation/Program Supplies $12,000 $12,000 $12,000
Equipment: 2 Client Computer Workstations $3,000 $0 $0
Replacement Cots $2,000 $500 $500
Commercial Washer/Dryer & Personal Client Cleaning Supplies $8,000 $2,000 $2,000
$214,992 $211,364 $220,050
Grant Management/Reporting/HMIS $4,500 $4,725 $4,961
Shared Operations Cost, 8% $17,199 $16,909 $17,604
TOTAL EXPENSE $236,691 $232,998 $242,616
Warming Center Operation: Estimate 60 nights per season
November 1 ,2023 - March 31, 2024
November 1, 2024 - March 31, 2025 November 1, 2025 - March 31, 2026
Page 57 of 575
1 Item 9.c.
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
September 12, 2023, 5:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Mayor Pro Tem
Barneich, Council Member George, Council
Member Guthrie, Council Member Secrest
Staff Present: City Clerk Jessica Matson, City Attorney Isaac
Rosen, Interim City Manager Bill Robeson,
Administrative Services Director Nicole
Valentine, Interim Public Works Director Steve
Kahn, Community Development Director
Brian Pedrotti, 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, Council Member George was absent.
Council Member George joined the meeting at 5:01 p.m.
3. FLAG SALUTE
Mayor Ray Russom led the flag salute.
4. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Ray Russom invited public comment. No public comments were received.
Page 58 of 575
2 Item 9.c.
5. CLOSED SESSION
City Attorney Rosen announced that 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) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
1. Employee Organization: Arroyo Grande Police Officers’ Association
City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human
Resources Officer; Nicole Valentine, Director of Administrative Services
2. Employee Organization: Service Employees International Union, Local 620
City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human
Resources Officer; Nicole Valentine, Director of Administrative Services
3. Unrepresented Management Employees
City-designated negotiators: Che Johnson, Special Labor Counsel
4. City Manager
City-designated negotiators: Che Johnson, Special Labor Counsel
City Council adjourned to Closed Session at 5:02 p.m.
6. ADJOURNMENT
City Council adjourned Closed Session at 5:43 p.m.
REGULAR MEETING 6:00 P.M.
_____________________________________________________________________
1. CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Clerk Matson took roll call.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Mayor Ray Russom led the flag salute.
Page 59 of 575
3 Item 9.c.
5. AGENDA REVIEW
5.a Closed Session Announcements
City Attorney Rosen announced that there was no reportable action from the following:
City Council Closed Session Meeting of September 12, 2023
a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
1. Employee Organization: Arroyo Grande Police Officers’ Association
a. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno,
Human Resources Officer; Nicole Valentine, Director of Administrative Services
2. Employee Organization: Service Employees International Union, Local 620
a. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno,
Human Resources Officer; Nicole Valentine, Director of Administrative Services
3. Unrepresented Management Employees
a. City-designated negotiators: Che Johnson, Special Labor Counsel
4. City Manager
a. City-designated negotiators: Che Johnson, Special Labor Counsel
5.b Ordinances read in title only
None.
6. SPECIAL PRESENTATIONS
6.a Honorary Proclamation Recognizing September 15 – October15, 2023 as "National
Hispanic Heritage Month”
Mayor Ray Russom read the Honorary Proclamation Recognizing September 15-October 15,
2023 as National Hispanic Heritage Month. Erica Ruvalcaba, Latino Outreach Council,
accepted the proclamation.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.b Interim City Manager Communications
Interim City Manager Robeson provided information regarding Board of Supervisors action
regarding the support of a contract with FCFA to provide Fire and Emergency Medical Services
to Oceano; and regarding the Tally Ho Creek Relief Workshop.
City Engineer Sweeney provided a presentation regarding Village Construction Projects.
Page 60 of 575
4 Item 9.c.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
7. CITY COUNCIL REPORTS
None.
Reports are made during the Second Council Meeting each month.
8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public was Stephen Hanamaikai. City
Clerk Matson read into the record written comments from Gaea Powell. No further public comments
were received.
9. CONSENT AGENDA
Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the
consent agenda for further discussion.
Council made comments regarding Items 9.h., 9.i., and 9.l.
Mayor Ray Russom invited public comment. No public comments were received.
Moved by Mayor Pro Tem Barneich
Seconded by Council Member Guthrie
Approve Consent Agenda Items 9.a. through 9.n., with the recommended courses of action.
AYES (5): Mayor Pro Tem Barneich, Council Member Guthrie, Council Member Secrest, Council
Member George, and Mayor Ray Russom
Passed (5 to 0)
9.a Consideration of Cash Disbursement Ratification
1) Ratified the listing of cash disbursements for the period of August 1 through August 15, 2023;
2) Determined that ratifying the cash disbursements is not a project subject to the California
Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or
reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines,
§§ 15060, subd. (b)(2)-(3), 15378.)
9.b Consideration of Statement of Investment Deposits
1) Received and filed the report listing investment deposits of the City of Arroyo Grande as of
July 31, 2023, as required by Government Code Section 53646(b); 2) Determined 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.)
Page 61 of 575
5 Item 9.c.
9.c Consideration of Memorandum of Understanding with the Arroyo Grande Police Officers’
Association
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A MEMORANDUM OF UNDERSTANDING FOR
EMPLOYEES REPRESENTED BY THE ARROYO GRANDE POLICE OFFICERS’
ASSOCIATION AND REPEALING RESOLUTION NO. 5094"; and 2) Determined that ratifying
the AGPOA MOU is not a project subject to the California Environmental Quality Act (“CEQA”)
because it has no potential to result in either a direct, or reasonably foreseeable indirect,
physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3),
15378.)
9.d Consideration of Memorandum of Understanding with the Service Employees
International Union Local 620
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A MEMORANDUM OF UNDERSTANDING FOR
EMPLOYEES REPRESENTED BY THE SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 620 AND REPEALING RESOLUTION NO. 5093"; and 2) Determined that ratifying the
SEIU MOU is not a project subject to the California Environmental Quality Act (“CEQA”)
because it has no potential to result in either a direct, or reasonably foreseeable indirect,
physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3),
15378.)
9.e Consider Adoption of Resolutions Establishing Salary & Benefits for Management
Employees for FY 2023-24 & FY 2024-25 & Part-Time Employees for FY 2023-24, Approval
of the Updated Citywide Combined Salary Schedule, & Approval of one Budget
Adjustment
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING WAGES AND BENEFITS FOR MANAGEMENT
EMPLOYEES FOR FISCAL YEARS 2023-24"; 2) Adopted a Resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING
COMPENSATION ADJUSTMENTS FOR PART-TIME EMPLOYEES"; 3) Approved the updated
City combined salary schedule; 4) Approved one budget adjustment request in the amount of
$787,725; and 5) Determined that adopting the unrepresented Management employees
resolution, unrepresented part-time employees resolution, and updated Citywide combined
salary schedules 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.f Consideration of Adoption of a Resolution Ending the Local Emergency Related to the
Ongoing Storm Events
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE TERMINATING THE LOCAL EMERGENCIES WITHIN THE CITY OF
Page 62 of 575
6 Item 9.c.
ARROYO GRANDE (MARCH 2023 AND STORM EVENTS THAT BEGAN DECEMBER 27,
2022)".
9.g Approval of Minutes
Approved the minutes of the Regular City Council Meeting of August 22, 2023, as submitted.
9.h Consideration of a Resolution Approving a Grant Agreement with the Office of Traffic
Safety for Traffic/ DUI Enforcement
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO
EXECUTE AN AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY TO
ACCEPT GRANT FUNDING FOR TRAFFIC SAFETY PROGRAMS AND TO APPROPRIATE
THE FUNDING FOR THE PROGRAM ACTIVITIES AND FIND THE ACTION EXEMPT UNDER
CEQA"; and 2) Approved a Budget Amendment Request for FY 2023-24 in the amount of
$65,000 to account for the additional revenue that will be issued under the OTS grant, and
expenditures related to the grant.
9.i Consideration of a Resolution Approving a Grant Agreement the Department of Alcohol
and Beverage Control for Alcoholic Beverage Sales Education and Enforcement
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO
EXECUTE AN AGREEMENT WITH THE DEPARTMENT OF ALCOHOL AND BEVERAGE
CONTROL FOR ALCOHOLIC BEVERAGE SALES EDUCATION AND ENFORCEMENT AND
TO APPROPRIATE THE FUNDING FOR THE PROGRAM ACTIVITIES AND FIND THE
ACTION EXEMPT UNDER CEQA"; and 2) Approved a Budget Amendment Request for FY
2023-24 in the amount of $41,500 to account for the additional revenue that will be issued under
the ABC grant, and expenditures related to the grant.
9.j Consideration of a Resolution Accepting Public Improvements for Phased Commercial
Development of Approximately 28,000 Square Feet of Office, Warehouse, And Café;
Location (Rugged Radio) – Subarea 1 – E. Cherry Ave. Specific Plan
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS FOR CUP
18-003, PHASED COMMERCIAL DEVELOPMENT OF APPROXIMATELY 28,000 SQUARE
FEET OF OFFICE, WAREHOUSE, AND CAFÉ; LOCATION – SUBAREA 1 – EAST CHERRY
AVENUE SPECIFIC PLAN"; and 2) Determined that the approval of the public improvements
and a public utility easement will have no direct or indirect physical impacts and does not
constitute a substantial change to the 2017 EIR for the underlying project and conditions
requiring subsequent environmental review called out in State CEQA Guidelines section 15162
or Public Resources Code section 21166 are not present.
9.k Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and
Acceptance
Page 63 of 575
7 Item 9.c.
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED TO
CALTRANS FOR PARCELS 12432-1 AND 12433-1 AS SHOWN ON STATE HIGHWAY MAP
BOOK 6 AT PAGES 99-102 AND DECLARING PURSUANT TO GOVERNMENT CODE
SECTION 54221 THAT THE REAL PROPERTY OWNED BY THE CITY IS EXEMPT
SURPLUS LAND"; and; 2) Adopt a Resolution that (a) accepts two portions of right of way
shown as REL 11788 Segments 1 and 2 on a map filed for recording on October 14, 2021, in
State Highway Map Book 6 at pages 99-102, (b) accepts a drainage easement described on
REL 11788, Segment 3, (c) agree to waive the ninety days’ “notice of intent to relinquish”
requirement contained in Section 73 of the Streets and Highway Code; and 3) Find that the
adoption of the two proposed Resolutions is not subject to the requirements of CEQA pursuant
to California Code of Regulations, Title 14, section 15060, subdivision (c)(3), because the
subject activity is not a project as defined by Public Resources Code section 21065 and
California Code of Regulations, Title 14, section 15378.
9.l Consider Approval of Contract Amendment 3 for Consulting Services with Consor,
formerly Quincy Engineers, Inc., to Increase Costs and the Services Associated with the
Design and Environmental Services for the Traffic Way Bridge Replacement Project
1) Approved Amendment No. 3 to the Contract for Consultant Services with Consor (formerly
known as Quincy Engineers, Inc.) to continue to provide design and environmental services for
the Project at an increased scope and budget; and 2) Determined that approving the
Amendment No. 3 to the existing Contract for Consultant Services is not a project subject to the
California Environmental Quality Act (“CEQA”) because increasing the Consultant’s scope and
budget for the Project 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.m Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage
Improvements Project, PW 2023-09 and Acceptance of Dedication
1) Accepted the Offer of Dedication for an easement for a public right of way of the frontage of
191 Tally Ho Road, 2) Accepted the Offer of Dedication for an easement for a public right of way
of the frontage of 195 Tally Ho Road; 3) Awarded a construction contract for Construction of the
Tally Ho Frontage Improvements Project to JJ Fisher Construction, Inc.; and 4) Determined the
Project to be categorically exempt per Section 15302 Class 2 exemption, which applies to the
replacement or reconstruction of existing structures and facilities where the new structure is
located on the same site as the structure replaced and has substantially the same purpose and
capacity as the structure replaced as this wall was previously removed.
9.n Five Cities Fire Authority Fire Prevention Agreement and Delegation of Authority to the
City of Arroyo Grande
Approved the Fire Prevention Agreement to delegate fire inspection service authority to the City
of Arroyo Grande and find that the agreement is not a project subject to the California
Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or
Page 64 of 575
8 Item 9.c.
reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines,
§§ 15060, subd. (b)(2)-(3), 15378.).
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
None.
12. NEW BUSINESS
None.
13. COUNCIL COMMUNICATIONS
Council Member Secrest mentioned that the Tally Ho residents are appreciative for the frontage project.
Council Member George acknowledged the time and effort it takes staff to prepare the information and
reports for the Council meeting Agenda Packet.
Council Member Guthrie requested that the Council consider directing staff to agendize a discussion
item to provide feedback regarding SLOCOG's potential funding measure before the Board's October
meeting. Mayor Ray Russom concurred.
14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the
meeting at 6:43 p.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk
Page 65 of 575
Item 9.d.
MEMORANDUM
TO: City Council
FROM: Steve Kahn, Interim Public Works Director
SUBJECT: 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
DATE: September 26, 2023
SUMMARY OF ACTION:
Award construction contract Change Order No. 3 for the replacement of plants and trees
in the mitigation site area that were washed away during the early 2023 storm events and
continued monitoring and reporting for the damaged portion of the Habitat Mitigation
Phase of the Bridge Street Bridge Rehabilitation project to Quincon, Inc and approve a
Budget Adjustment Request.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The cost proposal from Quincon, Inc. to purchase replacement plant and materials, plant
the plants and have Rincon Consultants provide biological inspection and reporti ng to
regulatory agencies on the effort is $51,662 (Attachment 1). Since this change order is
directly connected to the early 2023 storm event damages, s taff will submit
reimbursement requests to Federal Emergency Management Agency (FEMA) and
California Governor's Office of Emergency Services (Cal OES) for the cost to replace the
plants. Staff have visited the site with FEMA and FEMA has indicated this replacement
planting is eligible for funding through federal disaster assistance.
Council is being asked to approve one budget adjustment in the amount of $51,662.
FEMA assistance will be provided at a 75% federal cost share totaling $38,746.50. Cal
OES assistance will be provided at a 18.75% state cost share totaling $9,686.62. The
City is responsible for the remaining 6.25% totaling $3,228.88. This request is to use
Local Sales Tax Fund balance for the City’s $3,228.88 portion.
RECOMMENDATION:
1) Authorize 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) Approve a
budget adjustment request in the amount of $51,662; and 3) Make findings that Caltrans,
as lead agency, has determined that the project is categorically excluded from the
Page 66 of 575
Item 9.d.
City Council
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
September 26, 2023
Page 2
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.
BACKGROUND:
For many years, the Bridge Street bridge was restricted to a 3-ton maximum load limit
due to various structural deficiencies. In July 2010, the City applied for and was approved
to receive 100% Federal funding to address the deficiencies. City staff and its consultant
team, in conjunction with the project stakeholders’ group and Council direction, developed
construction documents for the rehabilitation of the Bridge Street bridge. The project
consisted of rehabilitating the existing historic trusses, removing the existing
supplemental truss below the deck, and replacing it with a stronger supplemental truss,
and replacing the existing abutments and center pier. The rehabilitation of the Bridge
Street bridge project was completed in early 2021.
The Bridge Street Bridge Rehabilitation project (Project) resulted in impacts to riparian
and wetland habitats in Arroyo Grande Creek. To mitigate impacts a Habitat Mitigation
and Monitoring Plan (HMMP) was required to be prepared. The mitigation methods
detailed in the HMMP include revegetation of the creek and maintenance and watering of
the new plantings. Biological monitoring and reporting of the condition and survival of the
revegetation is also required to the U.S. Army Corps of Engineers, California Department
of Fish and Wildlife and Regional Water Quality Control Board.
On August 25, 2020, the City Council approved the revegetation plan and specifications
for the Habitat Mitigation Implementation, Maintenance, Monitoring, and Reporting for the
Project. The revegetation plan and specifications contain provisions for a habitat
mitigation and restoration implementation plan, and a five-year maintenance, monitoring
and reporting plan.
Because habitat mitigation is typically performed by specialized contractors and over a
five-year window, the City coordinated with Caltrans to separate this post -construction
phase of the project from the construction phase. This allows the City to close out the
construction contract with Granite Construction Company at the completion of the bridge
rehabilitation and allows a separate contractor to maintain and monitor the planting it
installed.
On September 24, 2020, one bid was received for the Habitat Mitigation Phase of the
Project. The bid in the amount of $317,419 was awarded to Quincon, Inc. on October 13,
2020. Rincon Consultants, Inc. is the environmental subconsultant to Quincon and will
provide all monitoring and reporting services for the Project. The habitat mitigation site
preparation and planting was performed in November 2020 and a final completion report
is anticipated in December 2025. Maintenance, monitoring and reporting has been
ongoing since the habitat mitigation project started.
Page 67 of 575
Item 9.d.
City Council
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
September 26, 2023
Page 3
Budget Adjustment
The current FY 2023-28 Capital Improvement Program Budget was approved by Council
on June 27, 2023 as part of the FY 2023 -25 Biennial Budget. The Bridge Street Bridge
Habitat Mitigation was included and shown in the table below:
To complete the project an additional $51,662 needs to be added to FY 2023-24.
ANALYSIS OF ISSUES:
On January 9, 2023, Arroyo Grande and the entire Central Coast experienced a major
winter storm. 5 inches of rain fell in 24 hours. Flood damage occurred on many California
rivers and creeks. San Luis Obispo County was declared a federal and state disaster area
due to the flooding. During the 2023 storm events, the City experienced significant storm
damage related to rising water levels along Arroyo Grande Creek and throughout other
areas of the City. The high flow in Arroyo Grande Creek washed much of the planting
from the Habitat Mitigation Phase of the Project downstream. The following is an excerpt
from the Monitoring Report by Rincon Consultants:
“The HMMP’s success criteria for year 2 states that 100% of the tree plantings should be
alive, 90% of the shrub plantings should be alive, and that the willows should contain a
relative vegetation cover of 45%. The willows currently contain approximately 20%
relative vegetation cover and approximately 30% of the trees and shrubs were lost during
the early January flood event. Therefore, to meet this year’s success criteria, and to stay
on track to meet the site’s final success criteria, 100% of the estimated trees lost during
the flood event should be replanted within the mitigation site and 90% of the estimated
shrubs that were lost during the flood event should be replanted. Tree and shrub plantings
should be planted within the mitigation sites banks that were not lost from erosion and
interspersed in open spaces throughout the remainder of the mitigation site as feasible.
Additionally, it is recommended that additional willow cuttings are planted within the
mitigation site to increase this species relative cover.”
These plantings will need to be replaced to meet the establishment and success criteria
required at the end of the five-year monitoring period.
On January 8, 2023, the President of the United States declared that an emergency exists
in the State of California relating to severe winter storms, flooding, landslides, and
mudslides, enabling public agencies in impacted counties that suffered damage or losses
from the storms to apply for federal disaster assistance through FEMA and Cal OES. Staff
will submit reimbursement requests to FEMA and Cal OES for the cost to replace the
plants and have visited the site with them. FEMA and Cal OES have indicated this
replacement planting is eligible for funding through federal and state disaster assistance.
Project Number Request Title
Funding
Source FY 2023-24 FY 2024-25 FY 2025-26
5-Year
Total
350-5614
Bridge Street Bridge
Habitat Mitigation 4487 - HBP 48,628 48,628 48,628 145,884
Page 68 of 575
Item 9.d.
City Council
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
September 26, 2023
Page 4
The cost proposal from Quincon, Inc. to purchase replacement plant and materials, plant
the plants and have Rincon Consultants provide biological inspection and reporting to
regulatory agencies on the effort is $51,662 (Attachment 1).
Budget Adjustment
Council is being asked to approve one budget adjustment in the amount of $51,662.
FEMA assistance will be provided at a 75% federal cost share totaling $38,746.50. Cal
OES assistance will be provided at an 18.75% state cost share totaling $9,686.62. The
City is responsible for the remaining 6.25% totaling $3,228.88. This request is to use
Local Sales Tax Fund balance for the City’s $3,228.88 portion. The updated FY 2023-24
Budget reflecting the adjustment is shown in the table below:
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Authorize the City Manager to execute Change Order No. 3 with Quincon, Inc. for
the Habitat Mitigation Phase of the Bridge Street Bridge Rehabilitation project and
approve the budget adjustment request; or
2. Do not authorize the City Manager to execute Change Order No. 3 and provide the
staff direction on replacing the removed mitigation planting; or
3. Provide other direction to staff.
ADVANTAGES:
The Bridge Street Bridge Project has been completed and this Habitat Mitigation Phase
planting is the last required mitigation measure to the Project. If the work is not completed
and the required success criteria is not reported to regulatory agencies, action to enforce
the completion of the mitigation measure will likely be initiated. Enforcement fines for
non-compliance with the Habitat Mitigation and Monitoring Plan are also anticipated. The
approval of the change order will comply with the mitigation measure and avoid action by
regulatory agencies. The work by Quincon, that is authorized by the change order, will be
funded by FEMA through federal disaster assistance.
DISADVANTAGES:
There is no disadvantage to approving Change Order No. 3.
Project
Number Request Title Funding Source FY 2023-24
350-5614
Bridge Street Bridge
Habitat Mitigation 4487 - HBP 48,628
44XX - FEMA Reimbursement 38,746
44XX - CalOES Reimbursement 9,687
4950 - Sales Tax 3,229
Page 69 of 575
Item 9.d.
City Council
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
September 26, 2023
Page 5
ENVIRONMENTAL REVIEW:
No additional environmental review is needed to approve Change Order No. 3.
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.
The City, as the responsible agency, adopted a Mitigated Negative Declaration (MND) on
September 25, 2017 prepared in accordance with the California Environmental Quality
Act (CEQA), Public Resources Code §21000 et seq., and the State CEQA Guidelines,
California Code of Regulations (CCR) §15000 et seq. for the Bridge Street Bridge
Rehabilitation project, including the habitat mitigation phase of the project addressed in
this proposed action.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Cost Proposal Planting Replacement by Quincon
2. Change Order 003
Page 70 of 575
SUBJECT:
Enclosure:
copies:Jose Quintana
File
Arroyo Grande, CA 93420
CP 21025-1 (3 Pages)
July 20, 2023
Arroyo Grande Bridge Mitigation Project
20019
PCO #21025-1 - PCO-01 REPLANTING
QUINCON JOB NUMBER 22031
Mr. Steve Kahn
City of Arroyo Grande
1375 Ash Street
Dear Mr. Kahn
Please find herein Cost Proposal #21025-1 for costs to Re-plant plants that were destroyed per storm event on
January, 9, 2023. This cost proposal does not include any cost associated with extending the 5 year maintenance
period.
Total cost for this work is $51,662.00.
This pricing does affect the schedule resulting from this extra work. This will add 7 working days to the
schedule.
Please respond by July 28, 2023. If you have any questions or concerns, please call me at 805-574-1660.
Sincerely,
Esteban Quintana
Project Engineer
P.O. Box 1029, Grover Beach, CA 93483 • 200 S 13th St. Suite 216, Grover Beach, CA 93433 • Phone (805) 574-1660 • Fax (805) 481-2440
ATTACHMENT 1
Page 71 of 575
Arroyo Grande Bridge Mitigation Project
COST PROPOSAL / BREAKDOWN
PRICE PROPOSAL : DATE:07/20/23
CP 21025-1
RFP
DESCRIPTION UNIT RATE EXTENSION TOTALS
QUINCON LABOR HOUR $
FOREMAN 72.0 89.25$ 6,426.00$
CARPENTER -$
LABORER 296.0 89.25$ 26,418.00$
CEMENT MASON 92.59$ -$
DRYWALLER -$
OPERATOR(8)117.35$ -$
PAINTER 71.73$ -$
PLUMBER 111.10$ -$
PLASTER 91.38$ -$
-$
-$
SUB TOTAL 32,844.00$
QUINCON EQUIPMENT UNIT
-$
JD 50G MINI EXC./day 500.00$ -$
JD 323E SKIDSTEER/day 400.00$ -$
JD 245G EXCAVATOR/day 900.00$ -$
TM HAULING TRAILER/day 150.00$ -$
BIG TEX DUMP TRAILER/day 10.0 150.00$ 1,500.00$
WALK BEHIND C. SAW/day 200.00$ -$
CONCRETE DRILL/day 200.00$ -$
ROTOR HAMMER 16.0 150.00$ 2,400.00$ Existing terrain is tough need
F350 UTILITY TRUCK/day 175.00$ -$
F250 UTILITY TRUCK/day 10.0 165.00$ 1,650.00$
F150 TRUCK/day 0.0 125.00$ -$
HEPA VACUUM/day 50.00$ -$
SMOOTH DRUM ROLLER 350.00$ -$
-$
SUB TOTAL 5,550.00$
MATERIALS & RENTALS UNIT
Plants + Freight 1 5,194.03$ 5,194.03$
-$
-$
-$
-$
-$
-$
F.O.G.30.00%-$ -$
TAX 8.75%5,194.03$ 454.48$
MAT'L & RENT OH & P %5,648.51$ -$
SUB TOTAL 5,648.51$
SUB TOTAL QUINCON 44,042.51$
SUBCONTRACTORS SUB QUOTE #
-$
Rincon Consulting 1 3,390.00$ -$
-$ -$
-$ -$
-$ -$
OH & P %15.00%-$ -$
SUB TOTAL -$
TOTAL MARKUP
MARK UP/OH PER CONTRACT 15.00%44,042.51$ 6,606.38$
GC's 0%44,042.51$ -$
SUB TOTAL 6,606.38$
SUB TOTALS FORM ABOVE 50,648.88$
BOND/INSURANCE COST 2.00%50,648.88$ 1,012.98$
51,662.00$
THIS PROPOSAL IS GOOD FOR 8 DAYS.
TEMPLATE DATE: 01/00/00
PCO-01 REPLANTING
NOTES
EQUIPMENT
SUBCONTRACTORS
LABOR
Includes tax
CP TOTAL
FUEL, OIL, GREASE ON RENTALS
EXCLUSIONS: Work in excess of 8 hours per day; overtime; costs for contract extension; schedule
analysis.
JOB NO. 21025
QUINCON
MATERIALS & RENTALS
Page 72 of 575
3200 West Telegraph RoadFillmore CA 93015United States
(805) 524-3939www.devilmountainnursery.com
Sales Order#SO71582
Sales Order Date: 7/20/2023Customer: 7923 Quincon Inc
Bill To Ship To Address Contact: Esteban Quintana - 805-709-2901 TOTAL
Quincon IncPO Box 1029Grover Beach CA 93433United States
Quincon Inc1290 Longbranch AvenueGrover Beach CA 93433United States
Delivery Contact: Esteban Quintana - 805-709-2901
$5,194.03
Delivery Instructions:
Terms Sales Rep PO #Job Name Shipping Method Ship Date
Due on receipt/COD Alex M Ross Arroyo Grande Bridge Mitigation Post Storm
Arroyo Grande Bridge Mitigation Post Storm
Devil Mountain Fleet 7/30/2023
Sales Order Memo: *Schedule delivery when plants arrive*
Line Item Ready Bins Qty Ord Back Ord Invoiced Rate Amount
SO71582
1 of 3
1 ROSCALI1GRosa californica 1 gal2225920Line Memo: XFER Redondo
43 43 0 $12.99 $558.57
2 BLOLAL2GBlackberry 'Olallie' 2 gal2213801Line Memo: BROKER
51 51 0 $21.99 $1,121.49
3 SAMEXI1GSambucus mexicana 1 gal2227402Line Memo: XFER Redondo
46 46 0 $7.99 $367.54
4 SYALBU1GSymphoricarpos albus laevigatus 1 gal2228207Line Memo: XFER Redondo
43 43 0 $7.99 $343.57
5 CLELIGU1GClematis ligusticifolia (White) 1 gal2215736Line Memo: XFER Redondo
36 36 0 $12.99 $467.64
6 SALLSLP1GSalix lasiolepis 1 gal2232031Line Memo: XFER Redondo
35 35 0 $11.99 $419.65
7 SALLAEV1GSalix laevigata 1 gal2232024Line Memo: XFER Redondo
35 35 0 $11.99 $419.65
8 PLARCMAMulti15GPlatanus racemosa Multi 15 gal2234106Line Memo: Please pull best matching
FI-719(32)5 0 0 $55.99 $279.95
Page 73 of 575
3200 West Telegraph RoadFillmore CA 93015United States
(805) 524-3939www.devilmountainnursery.com
Sales Order#SO71582
Sales Order Date: 7/20/2023Customer: 7923 Quincon Inc
Bill To Ship To Address Contact: Esteban Quintana - 805-709-2901 TOTAL
Quincon IncPO Box 1029Grover Beach CA 93433United States
Quincon Inc1290 Longbranch AvenueGrover Beach CA 93433United States
Delivery Contact: Esteban Quintana - 805-709-2901
$5,194.03
Delivery Instructions:
Terms Sales Rep PO #Job Name Shipping Method Ship Date
Due on receipt/COD Alex M Ross Arroyo Grande Bridge Mitigation Post Storm
Arroyo Grande Bridge Mitigation Post Storm
Devil Mountain Fleet 7/30/2023
Sales Order Memo: *Schedule delivery when plants arrive*
Line Item Ready Bins Qty Ord Back Ord Invoiced Rate Amount
SO71582
2 of 3
9 ACERNES15GAcer negundo 'Sensation' 15 gal2232338Line Memo: XFER Clements
1 1 0 $85.99 $85.99
10 POPFREM5GPopulus fremontii 5 gal2231665Line Memo: BROKER
2 2 0 $29.99 $59.98
11 FREIGHT8% of material value per load. Minimum site delivery fee is $[ ].
Line Memo: 8% applied for transfer from Redondo to Fillmore
1 0 $329.92 $329.92
12 FREIGHT10% of material value per load. Minimum site delivery fee is $[ ].
Line Memo: 10% freight applied for delivery from Fillmore to Grover Beach.
1 0 $412.40 $412.40
13 CANCELLATIONS & RETURNSPlants that are in stock, have been pulled and then cancelled are subject to a restocking fee up to 50%. Brokered plant material purchased from outside vendors to fulfill an order and then cancelled are subject to up to 100% restocking fee. We do not accept returns on plants that have been planted or annual color.
14 DELIVERY - "PLEASE NOTE"Delivery is curbside and requires customer assistance to unload. Inadequate assistance will result in an additional charge of up to 20% of invoice total.
Page 74 of 575
3200 West Telegraph RoadFillmore CA 93015United States
(805) 524-3939www.devilmountainnursery.com
Sales Order#SO71582
Sales Order Date: 7/20/2023Customer: 7923 Quincon Inc
Bill To Ship To Address Contact: Esteban Quintana - 805-709-2901 TOTAL
Quincon IncPO Box 1029Grover Beach CA 93433United States
Quincon Inc1290 Longbranch AvenueGrover Beach CA 93433United States
Delivery Contact: Esteban Quintana - 805-709-2901
$5,194.03
Delivery Instructions:
Terms Sales Rep PO #Job Name Shipping Method Ship Date
Due on receipt/COD Alex M Ross Arroyo Grande Bridge Mitigation Post Storm
Arroyo Grande Bridge Mitigation Post Storm
Devil Mountain Fleet 7/30/2023
Sales Order Memo: *Schedule delivery when plants arrive*
Line Item Ready Bins Qty Ord Back Ord Invoiced Rate Amount
SO71582
3 of 3
Subtotal $4,866.35
Tax Total $327.68
Total $5,194.03
Signature:
Page 75 of 575
ATTACHMENT 2
CONTRACT CHANGE ORDER NO. 3
Project:Habitat Mitigation Implementation MMR for Bridge Street Bridge Rehabilitation Project
PW 2020-08, Bridge No. 49C-0196, Federal Project No. BHLO-5199 (032)
Contractor:Quincon, Inc.
THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENTS:
DESCRIPTION OF CHANGE:
CHANGE IN CONTRACT PRICE:
Lump Sum
Total Price
JUSTIFICATIONS:
CHANGE TO CONTRACT PRICE
Original Contract Price:
Net Change in Contract Price due to all previous Change Orders:
Net Change In Contract Price due to this Change Order:
New Contract Price including all Change Orders:
CHANGE TO CONTRACT TIME
Notice to Proceed
Original Contract Time (working days):
Original Contract End Date:
Net Change in Contract Time due to all previous Change Orders (days):
Net Change in Contract Time due to this Change Order (days):
New Contract Time (days):
New Contract End Date:
APPROVALS REQUIRED:
RECOMMENDED BY:CONTRACTOR ACCEPTANCE:
Project Manager Date Quincon, Inc.Date
APPROVED BY:
Public Works Director Date City Manager Date
Quincon, Inc. to purchase replacement plant and materials, plant the plants and have Rincon Consultants provide biological inspection and
reporting to regulatory agencies on the effort is $51,662.00
51,662.00$
3,230.00$
51,662.00$
Re-plant willow cuttings between rocks in fabric bags that contain soil and create a path through the rocks with a steel rod.
317,419.00$
0
0
10-Mar-26
51,662.00$
372,311.00$
18-Feb-21
1825
10-Mar-21
0
Page 76 of 575
Item 9.e.
MEMORANDUM
TO: City Council
FROM: Steve Kahn, Interim Public Works Director
SUBJECT: 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
DATE: September 26, 2023
SUMMARY OF ACTION:
Proposed actions for the Traffic Way Bridge Replacement Project (“Project”):
1) Adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and
Reporting Program (MMRP) for the Project will provide the necessary
environmental clearance to proceed with final design and right-of-way and will
approve the Project pursuant to the California Environmental Quality Act (CEQA ).
2) Approving the City’s standard Professional Services Agreement with Hamner
Jewell Associates will provide the Right-of-Way Services to acquire needed
temporary construction easements.
3) Approving the Program Supplement Agreement No. F017 for Federal-Aid Project
No. 05-5199F15 will allow the City to seek reimbursement from the Local Highway
Bridge Program (HBP) for Right-of-Way Services for the Project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The City’s FY 2023-2025 Biennial Budget includes $12,991,503 for the total Project
budget. The source of the funds are federal Highway Bridge Program (HBP) funds
(88.53%) totaling $11,407,543 and Local Sales Tax funds for the required match
(11.47%) totaling $1,583,960. All three actions are necessary for the Project to move
forward in environmental approval, right-of-way acquisition and Project funding. The
mitigation measures required in the MND will be funded with the Project Budget. The cost
for Hamner Jewell Associates to provide Right-of-Way Services for the Traffic Way Bridge
Replacement Project (Project) is $104,970.21. A total of $650,000 is allocated for the
Right-of-Way portion of this Project and will fund the services of Hamner Jewell
Associates. The Program Supplement will authorize the use of $575,445 (88.53% of the
$650,000) of federal funds for the Project. There is an ongoing cost of staff time to
manage this Project.
Page 77 of 575
Item 9.e.
City Council
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
September 26, 2023
Page 2
RECOMMENDATIONS:
1) Adopt a Resolution adopting the Mitigated Negative Declaration and Mitigated
Monitoring and Reporting Program for the Traffic Way Bridge Replacement Project and
instructing the City Clerk to file a Notice of Determination; 2) Approve and authorize 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) Adopt a
Resolution authorizing the Mayor to execute the Program Supplement Agreement
No. F017 for Federal-Aid Project No. 05-5199F15 for the Traffic Way Bridge
Replacement Project.
BACKGROUND:
The Traffic Way Bridge (Bridge) spans Arroyo Grande Creek allowing Traffic Way to
connect to West Branch Street. Traffic Way is an arterial roadway that conveys
approximately 11,000 vehicles per day. The Bridge is a reinforced concrete struc ture
supported by abutments on each end of the Bridge and concrete piles along the span.
The Bridge was constructed in 1932, making it 91 years old. In general, the design life of
a bridge is 100 years.
Caltrans completes bridge inspections for the Traffic Way Bridge and all other bridges in
the State. In 2006, the bridge was designated “scour critical” meaning that the supporting
members of the bridge are compromised due to erosion of surrounding soil. In 2016 the
Bridge was inspected, and the inspection found signs of deck cracking, failed expansion
joints, spalling concrete, concrete abrasion, and creek channel erosion. In March 2018, it
was determined that not only is scour an issue, but that the foundation is vulnerable in
bearing capacity. Caltrans determined the Bridge needed replacing and placed it in the
federal Highway Bridge Program (HBP). HBP provides funding for bridge repair and
replacement. It provides 88.53% of federal funding and a required local match of 11.47%.
On July 24, 2018, an updated Master Service Agreement and Program Supplement
Agreement with Caltrans was approved by the City Council for funding to replace the
Traffic Way Bridge. On October 8, 2019, the City Council approved a consultant services
agreement with Quincy Engineering, Inc. for engineering design and environmental for
the Project. The Project design is now 65% complete and Caltrans has approved the
NEPA environmental document.
Page 78 of 575
Item 9.e.
City Council
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
September 26, 2023
Page 3
ANALYSIS OF ISSUES:
Right-of-Way Consultant
Caltrans has authorized the Right-of-Way phase of the Project to begin. For the Right-of-
Way, the Project will need up to 12 temporary construction easements over private
property for access to the site during the construction of the replacement bridge. On June
20, 2023, the City issued a qualification-based solicitation request for proposals for real
property appraisal and acquisition services for the Project. The process is consistent with
the City’s purchasing Policy. Staff received three consultant proposals prior to the RFP
due date of July 5, 2023.
A three-person selection committee independently reviewed and ranked the proposals
based on the evaluation criteria listed in the RFP. The committee then met and
unanimously ranked Hamner Jewell Associates as the number one consultant. The
reasons for Hamner Jewell Associates’ high ranking are:
Hamner Jewell Associates Staff, working on this Project, work in their office located
in Arroyo Grande;
They have worked on past projects for the City of Arroyo Grande;
Very experienced staff in real property appraisals and acquisition services;
Extensive experience working with Caltrans on federally funded projects;
Well thought-out scope of work that includes working closely with the property
owners during all phases of the process;
Local knowledge, having worked with the affected property owners before;
Detailed schedule with ideas on how to accelerate that proposed schedule;
Schedule of Services meets within the overall Project schedule; and
Costs for service are reasonable considering the scope of work.
Staff met with Lillian Jewell of Hamner Jewell Associates and negotiated the scope of
work and cost for the services that are detailed in the attached proposed Professional
Services Agreement (Attachment 2), which includes City’s standard terms.
Program Supplement Agreement
A total of $650,000 is allocated for the Right-of-Way portion of this Project. The
City was successful in securing $575,445 (88.53%) of Local HBP funds for Right-of-
Way for the Traffic Way Bridge Replacement Project which includes the costs of
securing a consultant (detailed in Item 2 above). The City’s portion of cost is 11.47%
local match totaling $74,555. Before the City can begin invoicing for reimbursement
of the work performed, a supplemental agreement must be executed. A resolution
must be adopted by the City Council that clearly identifies the Official authorized to
execute the Program Supplemental Agreement No. F017.
Page 79 of 575
Item 9.e.
City Council
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
September 26, 2023
Page 4
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Mitigated Negative Declaration (MND) and Mitigation Monitoring and
Reporting Program (MMRP), approve the Agreement for Consultant Services with
Hamner Jewell Associates, and approve the Program Supplement Agreement; or
2. Modify the actions as appropriate and approve;
3. Do not approve any of the three actions; or
4. Provide other directions to staff .
ADVANTAGES:
The Traffic Way Bridge is considered critical infrastructure in the City of Arroyo Grande’s
circulation system and needs to be replaced. Providing environmental approval, Right-of-
Way Services, and allocating federal funding are all important in the Project and need to
be competed to move the Project into construction.
DISADVANTAGES:
No disadvantages are identified with the approval of the Agreement.
ENVIRONMENTAL REVIEW:
The City is the lead agency for purposes of the California Environmental Quality Act
(CEQA) as it pertains to this project. With assistance from the City’s consultant, SWCA
Environmental Consultants, a Draft Initial Study/Mitigated Negative Declaration (MND) for
the Project was prepared for City review and approval. MND means a negative
declaration prepared for a project when the initial study (“IS”) has identified potentially
significant effects on the environment, but (1) revisions in the project plans or proposals
made by, or agreed to by, the applicant before the proposed negative declaration and
initial study are released for public review would avoid the effects or mitigate the effects
to a point where clearly no significant effect on the environment would occur, and (2) there
is no substantial evidence in light of the whole record before the public agency that the
project, as revised, may have a significant effect on the environment.
The Draft IS/MND was made available for public comment from June 2 0, 2022 through
July 20, 2022 to a set list of state and local agencies, designated Native American Tribes
under AB 52, on the City’s website, and at City Hall. The Notice of Intent to Adopt a
Mitigated Negative Declaration was made available by the following methods to indicate
availability of the environmental document during the public comment period: (i) published
in the San Luis Obispo Tribune Newspaper, a newspaper of general circulation; (ii) filed
with the San Luis Obispo County Clerk; (iii) filed with the State Clearinghouse; (iv) mailed
to various interested persons, agencies, and tribes; and (v) posted on the City’s website.
Page 80 of 575
Item 9.e.
City Council
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
September 26, 2023
Page 5
During the public review period, no written comment letters were received from members
of the public or public agencies.
The MND identified potential impacts to twelve (12) issue areas requiring measures to
mitigate potential impacts: air quality, biological resources, cultural resources,
geology/soils, land use and planning, public services, utilities and service systems,
wildfire, hazards and hazardous resources, tribal cultural resources, hydrology and water
quality, and noise. The MND includes analyses of each environmental area, potential
impacts, and necessary mitigation measures. Based on the MND, it was determined that
the bridge replacement project will not have a significant effect on the environment with
the implementation of the mitigation measures identified in the MND. These mitigat ion
measures have been included in the Mitigation Monitoring and Reporting Program
(MMRP). The MND and MMRP are provided as Exhibit A and Exhibit B, respectively, of
the draft Resolution (Attachment 1).
There have been several technical studies and agency concurrences prepared in support
of the MND and concurrent NEPA process (as explained further below). These technical
studies are included as appendices to the MND.
The Planning Commission held a public hearing on August 2, 2022, concerning the review
of the MND. They recommended that additional review and analysis of safety issues
related to traffic calming mitigation during construction be evaluated on Traffic Way and
Fair Oaks. The Planning Commission approved a Resolution recommending the City
Council adopt the Mitigated Negative Declaration for the Project.
Minor changes have been made to the MND, consistent with the Planning Commission’s
recommendations. Additional information has also been added to the MND to clarify,
amplify, and make insignificant modifications to the MND. These changes/updates are
further described in the Final IS/MND. They do not result in alterations to the degree of
impact or significance conclusions presented in the Draft IS/MND and therefore do not
constitute significant new information. Rather, the changes serve to clarify and strengthen
the content of the IS/MND. Therefore, recirculation of the IS/MND is not required under
CEQA Guidelines Section 15073.5. The Final IS/MND is attached and is available for
review on the City’s website.
The National Environmental Policy Act (NEPA) also applies to this project because
federal funds (CalTrans) will be utilized to carry out the project. Caltrans is the NEPA lead
agency and is currently processing a Categorical Exemption. Once the environmental
clearance is complete, the City may proceed with final plans, specifications, and
estimates.
Page 81 of 575
Item 9.e.
City Council
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
September 26, 2023
Page 6
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 recommending adoption of the Initial Study/Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program
2. Proposed Consultant Services Agreement
3. Proposed Resolution approving Program Supplement No. F017
Page 82 of 575
65501.00002\41404558.1
ATTACHMENT 1
RESOLUTION NO.
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
WHEREAS, the Traffic Way Bridge was built in 1932; and
WHEREAS, in 2016 an inspection revealed signs of deck cracking, failed expansion
joints, spalling concrete, concrete abrasion, and creek channel erosion; and
WHEREAS, in 2018 the Bridge was determined to be high risk and identified as a
replacement project; and
WHEREAS, on July 24, 2018, City Council approved an updated Master Service
Agreement and Program Supplement Agreement for the replacement of the Traffic Way
Bridge; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code, §210000 et seq.) and the State CEQA Guidelines (California Code of Regulations,
title 14, §150000 et seq.) (collectively, “CEQA”), an Initial Study was prepared in June
2022 to evaluate potential impacts to the environment consistent with the California
Environmental Quality Act (CEQA); and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code, §21000 et seq.) and the State CEQA Guidelines (California Code of Regulations,
title 14, §15000 et seq.) (collectively, “CEQA”), an Initial Study analyzing all potential
impacts of the Project was prepared for the City’s consideration as the lead agency under
State CEQA Guidelines section 15063; and
WHEREAS, on the basis of the Initial Study, which indicated that all potential
environmental impacts from the Project would be less than significant with the
incorporation of the mitigation measures in the Mitigation Monitoring and Reporting
Program (“MMRP”), City staff determined that a Mitigated Negative Declaration (“MND”)
should be prepared; and
WHEREAS, the Draft Initial Study/MND (SCH #2022060452) was prepared in
accordance with CEQA and circulated for public review and comment between June 2 0,
2022 and July 20, 2022 by: (1) filing a Notice of Intent to Adopt a Mitigated Negative
Declaration (“NOI”) with the State Clearinghouse; (2) filing a NOI with the San Luis Obispo
County Clerk; (3) placing a NOI in the San Luis Obispo Tribune, a newspaper of general
Page 83 of 575
RESOLUTION NO.
PAGE 2
circulation; (4) mailing a NOI to various interested persons, agencies, and tribes; and (5)
posting a NOI on the City’s website; and
WHEREAS, copies of the Draft Initial Study/MND were available during the public review
period at City Hall, and on the City’s website; and
WHEREAS, pursuant to Public Resources Code section 21081.6 and State CEQA
Guidelines section 15074(d), the MMRP has been prepared and includes mitigation
measures for air quality, biological resources, cultural resources, energy, geology and
soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water
quality, land use, noise, public services, tribal cultural resources, utilities and service
systems, and wildfire, and
WHEREAS, the public review period closed on July 20, 2022 and no comments were
received; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after givin g notices
thereof as required by law, held a public hearing on August 2, 2022 concerning the review
of the environmental document and carefully considered all pertinent testimony and the
staff report offered in the case as presented adopted a Resolution recommending the City
Council adopt the Mitigated Negative Declaration for the Project; and
WHEREAS, at the Planning Commission’s recommendation, the Draft Initial Study/MND
was revised to include additional review and analysis of safety issues related to traffic
calming mitigation during construction be evaluated on Traffic Way and Fair Oaks, and
other information was added to clarify, amplify, and make insignificant modifications to
the MND; and
WHEREAS, the City Council, after giving notices thereof as required by law, held a public
hearing on September 26, 2023 concerning the review of the environmental document
and carefully considered all pertinent testimony and the staff report offered in the case as
presented; and
WHEREAS, the Final Initial Study/MND consists of the Initial Study/MND, with redlines
containing minor revisions to the Initial Study/MND, and is attached hereto as Exhibit
“A”; and
WHEREAS, the Final Initial Study/MND reflects the independent judgment of the City and
is deemed adequate for purposes of making decisions on the merits of the Project; and
WHEREAS, no comments or additional information submitted to the City Council, and no
other circumstances have produced substantial new information requiring substantial
revisions that would trigger recirculation of the MND or additional environmental review
of the Project under State CEQA Guidelines section 15073.5.
Page 84 of 575
RESOLUTION NO.
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The matters set forth in the recitals to the Resolution are true and correct statements
and are incorporated herein as substantive findings of this Resolution.
2. The City Council has reviewed and considered the information contained in the Final
Initial Study/MND, and administrative record, including all oral and written comments
received during the comment period, which is on file with the City and available for
review. Based on the City Council’s independent review and analysis, the City
Council finds that the Final Initial Study/MND has been completed in compliance with
CEQA.
3. Based on the Final Initial Study/MND and the administrative record, the City Council
finds that the Final Initial Study/MND contains a complete and accurate reporting of
the environmental impacts associated with the Project. The City Council further finds
on the basis of the whole record before it that there is no substantial evidence
supporting a fair argument that the Project will have a significant effect on the
environment and that the Final Initial Study/MND reflects the City’s independent
judgement and analysis. The City Council further determines that the MND has not
been substantially revised after public notice of its availability, nor have there been
new significant environmental effects identified in the Final Initial Study/MND and
thus recirculation is not required under State CEQA Guidelines, section 15073.5.
4. Pursuant to Public Resources Code section 21080, subdivision (c)(2), the City
Council approves and adopts the Final Initial Study/MND prepared for the Project.
5. Pursuant to Public Resources Code section 21081.6, the City Council approves and
adopts the MMRP, which was prepared for the Project and made a condition of
Project approval and is attached hereto as Exhibit “B”.
6. The City Council approves the Project as described in the Final Initial Study/MND.
7. The documents or other materials which constitute the record of proceedings upon
which this decision is based are located at the City’s office at 300 East Branch Street,
Arroyo Grande, California. The custodian of these documents or other material is
the City Clerk for the City of Arroyo Grande.
8. The City Council directs staff to file a Notice of Determination with the County of San
Luis Obispoand the State Clearinghouse within five (5) working days of approval of
the Project.
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RESOLUTION NO.
PAGE 4
On motion by Council Member ________, seconded by Council Member _______, and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted on this 26th day of September 2023.
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RESOLUTION NO.
PAGE 5
________________________________
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
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Final Initial Study/Mitigated Negative
Declaration for the Traffic Way over
Arroyo Grande Creek Bridge
Replacement Project, Arroyo Grande,
San Luis Obispo County, California
SEPTEMBER 2023JUNE 2022
PREPARED FOR
City of Arroyo Grande
PREPARED BY
SWCA Environmental Consultants
EXHIBIT A
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FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
FOR THE
TRAFFIC WAY OVER ARROYO GRANDE CREEK
BRIDGE REPLACEMENT PROJECT,
ARROYO GRANDE, SAN LUIS OBISPO COUNTY,
CALIFORNIA
Prepared for
California Department of Transportation
District 5
50 Higuera Street
San Luis Obispo, CA 93401
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420
Prepared by
Annika Kiemm, B.S., Environmental Planner
SWCA Environmental Consultants
1422 Monterey Street, Suite C200
San Luis Obispo, CA 93401
(805) 543-7095
www.swca.com
SWCA Project No. 53479
September 2023June 2022
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CONTENTS
1 Introduction .......................................................................................................................................... 1
1.1 Project Location ........................................................................................................................ 1
1.2 Environmental Setting ............................................................................................................... 4
1.3 Project Description .................................................................................................................... 4
1.3.1 Roadway Alignment ........................................................................................................... 4
1.3.2 Design Criteria and Construction Data ............................................................................... 6
1.4 Required Discretionary Approvals ............................................................................................ 9
2 Environmental Checklist and Environmental Evaluation .............................................................. 10
I. Aesthetics ................................................................................................................................ 11
II. Agriculture and Forestry Resources ........................................................................................ 14
III. Air Quality ............................................................................................................................... 17
IV. Biological Resources ............................................................................................................... 24
V. Cultural Resources .................................................................................................................. 42
VI. Energy ..................................................................................................................................... 46
VII. Geology and Soils ................................................................................................................... 47
VIII. Greenhouse Gas Emissions ..................................................................................................... 52
IX. Hazards and Hazardous Materials ........................................................................................... 56
X. Hydrology and Water Quality ................................................................................................. 60
XI. Land Use and Planning ............................................................................................................ 65
XII. Mineral Resources ................................................................................................................... 67
XIII. Noise ........................................................................................................................................ 69
XIV. Population and Housing .......................................................................................................... 73
XV. Public Services ........................................................................................................................ 74
XVI. Recreation ................................................................................................................................ 77
XVII. Transportation ......................................................................................................................... 78
XVIII. Tribal Cultural Resources ........................................................................................................ 82
XIX. Utilities and Service Systems .................................................................................................. 85
XX. Wildfire ................................................................................................................................... 87
XXI. Mandatory Findings of Significance ....................................................................................... 90
3 References ........................................................................................................................................... 92
Appendices
Appendix A. California Emissions Estimator Model (Version 2020.4.0) Annual and Winter Results
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Figures
Figure 1. Project vicinity map. ...................................................................................................................... 2
Figure 2. Project location map. ..................................................................................................................... 3
Figure 3. Habitat map. ................................................................................................................................ 26
Figure 4. City of Arroyo Grande 2005 GHG emissions inventory by sector. ............................................. 54
Tables
Table 1. Summary of Ambient Air Quality Standards and Attainment Designations ................................ 18
Table 2. SLOAPCD Thresholds of Significance for Construction Operations ........................................... 20
Table 3. Estimated Construction Emissions ............................................................................................... 21
Table 4. Plant Community/Habitat Present within the Project Area .......................................................... 27
Table 5. Invasive Species Observed in the Project Area ............................................................................ 28
Table 6. Jurisdictional Areas Present within the BSA ................................................................................ 29
Table 7. Estimate of Impacts to Jurisdictional Areas .................................................................................. 32
Table 8. Previously Conducted Cultural Resource Studies within the Project Area .................................. 44
Table 9. General Plan Land Use Compatibility Guidelines Near Transportation Noise Sources ............... 69
Table 10. Representative Vibration Source Levels for Construction Equipment ....................................... 72
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1 INTRODUCTION
The City of Arroyo Grande (City) proposes to replace the existing Arroyo Grande Creek Bridge
49C-0380 at Traffic Way (Traffic Way bridge). Traffic Way follows a north–south corridor
approximately 0.1 mile east of U.S. Highway (US) 101 in the city of Arroyo Grande, San Luis Obispo
County, California. Traffic Way bridge provides vehicular access over Arroyo Grande Creek, which runs
through the city of Arroyo Grande parallel to State Route (SR) 227. The surrounding land is generally
level and is primarily comprised of an urbanized business district. The existing bridge is hydraulically
inadequate as it is subject to creek bed degradation and prone to scour issues. The existing piers and
abutments have experienced scour issues for the past several years, making this bridge “scour critical”
and in need of replacement. The changes in the creek have exposed the embedment of the supporting piles
and the risk level for further damage to the bridge is high.
The project goals include the following:
1. Replace the scour critical bridge.
2. Accommodate a consistent 35 miles per hour (mph) posted speed corridor on Traffic Way
following completion of bridge replacement. All other streets to remain at the current posted
speed limit or prima facie speed of 25 mph.
3. Minimize impacts to nearby businesses and local residents during construction.
4. Stay within the existing City right-of-way (ROW).
The purpose of the project is to replace the scour critical bridge, improve public safety, stabilize Arroyo
Grande Creek, and reduce future maintenance costs. If the bridge is not replaced, the condition will
continue to deteriorate and eventually bridge closure will be required.
New information has been added since the Draft Initial Study/Mitigated Negative Declaration (IS/MND)
was circulated for public review. These minor revisions are reflected in this Final IS/MND using strikeout
and underline format. Based on the analysis included in this Final IS/MND, it has been determined that
the new information merely clarifies, amplifies, or makes insignificant modifications to the negative
declaration. None of the proposed changes would result in new significant effects or mitigation measures
not previously addressed in the Draft IS/MND. Therefore, pursuant to CEQA Guidelines Section 15073.5,
recirculation of the IS/MND is not required.
1.1 Project Location
The project site is in the city of Arroyo Grande, San Luis Obispo County, California (Figure 1). The
project site encompasses the existing Traffic Way bridge, which is located in the central portion of the
city of Arroyo Grande, approximately 0.1 mile (580 feet) east of US 101 and 0.05 mile (250 feet) south of
SR 227. Temporary construction access would require the use of existing unnamed, unpaved agricultural
access roads located to the west of US 101, crossing under the existing US 101 bridge, and continuing
east of US 101 through an open field that is part of an urban development associated with the Village
Creek Plaza. The open field would be used for construction equipment storage and construction access to
the project site (Figure 2). Traffic Way is oriented southeast to northwest at the project site and is one of
only a few ways to cross Arroyo Grande Creek that runs east to west and divides the city.
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Figure 1. Project vicinity map.
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Figure 2. Project location map.
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1.2 Environmental Setting
The project site is in the city of Arroyo Grande (see Figure 1), and encompasses the existing Traffic Way
bridge, which is located in the central portion of the city of Arroyo Grande, approximately 0.1 mile (580
feet) east of US 101 and 0.05 mile (250 feet) south of SR 227. The primary land use immediately adjacent
to the project site is mixed commercial. There is land currently zoned and developed for agricultural use
located approximately 0.15 mile west, beyond US 101.
The project site is within the Arroyo Grande Creek watershed, which is a coastal basin located in southern
San Luis Obispo County. The watershed is dominated by agricultural land uses, including vineyards,
ranches, and row crops. Arroyo Grande Creek watershed has an average rainfall of 15 to 28 inches per
year (SLO Watershed Project 2020).
The project area supports arroyo willow thicket, ruderal, agricultural, developed/disturbed, and
ornamental habitats (SWCA Environmental Consultants [SWCA] 2021e).
1.3 Project Description
The portion of Traffic Way north of the Traffic Way bridge is three lanes with shoulders and sidewalks
and quickly transitions into an intersection with West Branch Street. To the south, the roadway is wider to
account for a right-turn pocket onto Station Way, and parking is allowed on the north side of the roadway.
Traffic Way is classified as an on-system arterial road by California Department of Transportation
(Caltrans) California Road System (CRS) Map 8S45 (Caltrans 2021a) and the City of Arroyo Grande
2001 General Plan (City of Arroyo Grande 2001a). Traffic volumes through the site are approximately
9,600 vehicles per day per the 2020 Bridge Inspection Report (Caltrans 2020). Traffic Way has a posted
speed limit of 35 mph in both directions.
The original bridge was constructed in 1932 and consists of six spans of 38 feet each, for a total bridge
length of 228 feet. The bridge was originally part of the highway system and was relinquished to the City
in 1960. The bridge is a cast-in-place reinforced concrete tee-beam with a longitudinal construction joint
near the bridge centerline. The bridge measures 40 feet between curbs and has 6-foot sidewalks on both
sides with an open concrete railing that is mounted to the edge of the bridge. The bridge originally carried
four lanes of traffic but was reconfigured around 2008 to have three lanes of through traffic with
shoulders for a Class II bike route. The Caltrans historic bridge inventory lists the bridge as a Category 5
(ineligible for historic bridge consideration) bridge.
Construction is currently anticipated to be completed within 9 months (between May 1, 2024, and January
31, 2025). In order to limit the construction period duration, costs, and minimize environmental and ROW
impacts, a full closure of Traffic Way bridge from Branch Street to Station Way for the majority of the
duration of the project construction period would be implemented. Traffic analysis showed this approach
would be feasible if Bridge Street was temporarily converted to a one-way road, with traffic directed
northwest towards East Branch Street. A temporary detour summary has been prepared to outline the flow
of re-routed vehicle, pedestrian, and bicycle traffic flow through the downtown Arroyo Grande area
during the closure of Traffic Way (see Section 1.3.2 for further details).
1.3.1 Roadway Alignment
Traffic Way is classified as a minor arterial per Caltrans classifications and as an arterial roadway per the
City of Arroyo Grande 2001 General Plan and has an anticipated future average daily trip rate of 12,550
vehicles a day. Until 2008, the bridge carried four lanes of traffic (two in each direction). Striping
modifications have changed the number of lanes across the bridge to three and added shoulders for bike
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traffic. The bridge centerline is on a radius of 1,800 feet and the intersection of West Branch Street is on a
slight skew that is signalized. Lane additions, lane drops, turn lanes, medians, parking, and bike and
pedestrian circulation have resulted in unsymmetrical geometry across the bridge.
HORIZONTAL ALIGNMENT
Due to the limited ROW and extensive development adjacent to the ROW at all four bridge quadrants,
replacing the bridge on the existing alignment is highly desirable. This option would also reduce
environmental impacts. The exact alignment would be controlled by the staging of this project and if the
road or single lanes can be closed to traffic.
VERTICAL ALIGNMENT
The proposed vertical alignment would be dependent on the hydraulic requirements of the creek and
which bridge alternative is selected. It would be desirable to match the existing profile as closely as
possible to reduce the project footprint of the bridge replacement. Based on the preliminary hydraulic
water surface and existing or proposed structure depth, it may only be necessary to raise the roadway
profile slightly for roadway drainage purposes, but this would be confirmed after the hydraulic analysis
has been completed.
STAGED BRIDGE CONSTRUCTION OR ROADWAY DETOUR
Construction of a new bridge at Arroyo Grande Creek would have impacts to the traveling public and
some impacts to nearby businesses. It is always the primary design goal to minimize traffic,
environmental, and ROW impacts while providing flexibility to the contractor.
In 2019 the comparative impact of a full closure and a partial closure of Traffic Way during construction
was evaluated. A full closure was recommended after consideration of several factors, such as project
schedule, ROW, environmental impacts, construction costs, and traffic impacts. On July 28, 2020, the
City Council unanimously voted for the full closure of Traffic Way. Closing the road to traffic would
have several benefits as it would reduce construction duration, reduce environmental and ROW impacts,
and be the most cost-efficient approach. The biggest drawback would be the increased temporary traffic,
which would navigate a detour route through the downtown village of Arroyo Grande. Traffic analysis
showed this was a feasible solution if Bridge Street would be temporarily converted to a one-way road.
BRIDGE CONSIDERATIONS
Alternative bridge length and span configurations were considered based on topographic surveys,
hydraulics, and cost. It would be necessary to lay out the new bridge such that the new foundations do not
conflict with the existing bridge foundations. The existing bridge piles would be cut off below grade and
remain in place. This assumption would need to be hydraulically verified since it would be undesirable
for the existing abandoned piles to become visible and result in future maintenance. The number of spans
considered was influenced by the roadway profile relative to the hydraulic water surface.
PROPOSED BRIDGE TYPE
Given the necessary bridge span lengths, a post-tensioned concrete box girder bridge type was selected as
the proposed design. A review of the existing bridge maintenance reports indicates a long history of
debris removal from the upstream side of bridge piers and scour. A new structure with either longer spans
or a reduction in intermediate foundations and wider hydraulic opening would reduce future maintenance
issues.
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The most ideal span configuration at this location would depend on the water surface elevation. Caltrans
criteria for the hydraulic design of bridges state that bridges must be designed to pass the 2% probability
of annual exceedance flow (50-year design discharge) with freeboard to pass anticipated drift, or the flood
of record (usually the 100-year design discharge) with no freeboard, whichever is greater. Typically, the
50-year discharge with freeboard (2 feet is often assumed) controls the design.
Several alternative bridge designs were considered, as described in the Draft Type Selection Report,
Arroyo Grande Creek Bridge at Traffic Way Bridge Replacement Project (Quincy Engineering 2021).
The final bridge design alternatives included a single-span bridge and a three-span bridge. The single-
span cast-in-place/pre-stressed box girder design was selected as the final proposed bridge project and
approved by Caltrans (personal communication, Quincy Engineering 2021) and is assessed in this
document as the proposed project.
The proposed single-span bridge design includes a long and deep clear-span box girder, though the
overall bridge would be shorter than the existing bridge. Eliminating all supports would greatly minimize
environmental and hydraulic impacts. The deeper structure would result in large foundation loads at the
abutments. Due to scour and seismic deficiencies, full replacement of the existing bridge foundations and
complete bridge removal is required.
FOUNDATIONS
Due to the extensive history of scour on-site, the new bridge design includes cast-in-drilled-hole (CIDH)
piles under the bridge abutments. Installation of the CIDH piles would require contractor equipment
access within the creek channel. The number, type, and size of piles required at the abutments would be
determined during the design process. Ungrouted rock slope protection (RSP) would be placed around the
abutments along the banks to prevent further erosion. RSP would be placed immediately below the bridge
abutments and extend beyond the edges of the bridge rails on the north and south banks.
BRIDGE WIDTH AND CROSS SECTION
The new bridge would consist of three lanes with 5-foot-wide shoulders and 6-foot-wide sidewalks.
Traffic Way is classified as an Urban Arterial and, per the American Association of State Highway and
Transportation Officials (AASHTO), lane widths can vary from 10 to 12 feet depending on the
surrounding conditions. The City is proposing three 11-foot lanes to match the existing stripes and
geometry of the approach roadway. To accommodate a Class II bike route, 5-foot-minimum shoulders are
proposed next to the vertical curb faces. Current Caltrans Standards suggest 6-foot sidewalks on all
structures. To accommodate the geometry and provide standard bridge railings, the overall bridge width is
anticipated to measure 59 feet 4 inches. The existing bridge is 52 feet wide; therefore, the overall increase
in width would be 7 feet to meet modern standards.
1.3.2 Design Criteria and Construction Data
UTILITIES
Below the bridge, there is one 12-kilovolt (kV) Pacific Gas and Electric Company (PG&E) electrical line
wrapped in a 6-inch steel casing that is roughly 4 feet from the south edge of deck. There are also three
4-inch conduits hanging together under the bridge that are assumed to be AT&T telephone lines based on
AT&T mapping and coordination with local personnel. The City owns and operates an 8-inch polyvinyl
chloride (PVC) waterline that sits in a 12-inch steel casing and crosses Arroyo Grande Creek at the south
edge of the deck. Based on coordination with City personnel, the waterline is planned to be turned off
during construction with shutoff valves on each side of the bridge. During construction of the new bridge,
all existing utilities on the bridge would have to be relocated.
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The City has an 18-inch reinforced concrete pipe (RCP) storm drain system on the west side of the bridge
that drains directly into the creek after collecting stormwater from two inlets just past the end of the
bridge. The inlet on the north side of Traffic Way would be modified and may need to be replaced, which
may cause small adjustments to the RCP in that location. The outlet of the RCP on the south side of the
bridge would also be impacted due to grading and RSP improvements. A larger storm drainage system
east of the bridge collects stormwater from the east and drains through a 54-inch RCP that runs down
Traffic Way and outlets into Arroyo Grande Creek between the bridge and the Village Creek Plaza. The
outlet is lined with a concrete apron that runs down to the low-flow water elevation. The 54-inch RCP
outlet would be adjusted to fit the proposed design and construction needs. The project would maintain
current drainage patterns with some impacts to the existing systems within the project limits.
GEOTECHNICAL/FOUNDATIONS
Yeh and Associates performed geotechnical test borings at the site from October 12 to October 15, 2020,
and from November 2 to November 5, 2020. The exploration consisted of four borings to depths ranging
from approximately 89.5 to 121.5 feet below the ground or existing bridge deck surface. Shallower
infiltration tests and streambed samples would be taken at a later date when the roadway drainage plan is
better understood. The bridge would be supported by CIDH concrete piles embedded into the underlying
Pismo Formation sandstone bedrock, or older alluvium, and decomposed Pismo Formation. The draft
foundation report is located in Appendix E of the Type Selection Report (Quincy Engineering 2021). The
CIDH pile foundations would involve drilling holes with an auger, possibly using slurry, followed by
placement of reinforcing cages and casting of pile concrete. CIDH piles offer an advantage over driven
piles in that the drilling process produces less noise and vibration, which could minimize construction
impacts to nearby businesses and local fish species. Temporary casings may be required to control caving.
ARROYO GRANDE CREEK PERMANENT IMPACTS
Bridge replacement would require creek slope excavation, backfill, and RSP to protect the abutments and
roadway approach. The single-span bridge would clear span the creek and would not require intermediate
channel supports. The removal, or cutting below grade, of the existing pier supports in the creek would
improve the current conditions in Arroyo Grande Creek at the Traffic Way bridge. The proposed bridge
configuration would require new foundations, which would be drilled pile foundations and would consist
of CIDH piles. Driven piles are being avoided to minimize adverse effects to aquatic species and the
nearby historic building.
ARROYO GRANDE CREEK TEMPORARY IMPACTS
The proposed project includes minor modification/alteration to the creek, as a temporary access road
would be placed in the creek to allow for contractor access. This access road is necessary to facilitate
removal of the existing bridge and placement of the temporary bridge supports (falsework) for
construction of the replacement bridge, as well as access for drilling the CIDH foundations. Vegetation
below and adjacent to the bridge would be cleared. Cofferdams, stream diversion, and dewatering may
also be required to provide a dry work area during construction. Following construction, the temporary
fill for the access road and diversion would be removed and the creek would be restored to
preconstruction topographic contours.
Construction would require removal of the existing bridge superstructure and foundations. The existing
bridge concrete deck would be broken up into smaller pieces by excavators mounted with a concrete
breaker “hoe-ram” attachment. The concrete debris would fall to a cleared channel work pad below the
bridge for later removal offsite. After the deck is removed, cranes would remove sections of the concrete
girders. The existing concrete abutments and piers would then be broken down for removal from the site.
The existing bridge piles would be removed 3 to 5 feet below the existing ground line.
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TEMPORARY CLOSURE DETOUR AND ASSOCIATED TEMPORARY IMPACTS
The proposed project would result in the temporary full closure of Traffic Way from East Branch Street to
Station Way for the majority of the 9-month construction period. A temporary detour plan would be
developed in order to facilitate vehicle, bicycle, and pedestrian flow through the area while Traffic Way is
closed.
To accommodate vehicle flow, Bridge Street would be restriped from a two-lane, two-direction roadway
to two northbound lanes between Traffic Way and West Branch Street. A temporary signal would be
required at the intersection of Bridge Street and West Branch Street to accommodate the traffic flow from
northbound Bridge Street to West Branch Street. Temporary striping along East/West Branch, Mason, and
Bridge Streets would allow traffic to navigate the detour more efficiently.
Additionally, the project boundary has been increased slightly at the Fair Oaks/US101 southbound off-
ramp intersection to accommodate the installation of a temporary signal system for the off-ramp. Work at
this location would be limited to paved surfaces or sidewalk areas and may also include some additional
temporary striping on the paved surfaces. The area for field contractor access west of the intersection has
also been increased slightly to ensure adequate access for trucks and vehicles (see Figure 2).
The project boundary has also been slightly increased along Traffic Way and Bridge Street south of
Nelson Street (see Figure 2) to accommodate temporary striping within paved roadways and/or temporary
barriers for traffic control. All work would be contained within existing paved surfaces or sidewalk areas.
The proposed temporary roadway detour would require the temporary loss of 17 existing on-street
parking spaces. Thirteen of those on-street parking spaces and one on-street loading zone are located on
the north side of West Branch Street between Bridge Street and Traffic Way. The temporary loss of on-
street parking spaces is necessary to accommodate restriping of Branch Street for two westbound lanes.
Vehicles traveling along the established detour route along Bridge Street, Nelson Street, and East Branch
Street would be limited to current posted speed limits or prima facie speed of 25 mph. Closure of Traffic
Way would also result in a temporary closure of a Class II bike lane and pedestrian facilities that allow
for connectivity into the Village Core along Traffic Way. Detour routes would be made available for both
of these facilities.
When Traffic Way is temporarily closed for construction of the bridge, bicycle traffic would be required
to utilize a signed detour route towards Bridge Street, which is an existing Class III shared bicycle/vehicle
lane, and would allow users continued access to their desired destination. Bicycle traffic through the
Village of Arroyo Grande would be maintained throughout construction. Following construction
activities, Traffic Way would be returned to a Class II bike lane and upgraded to current standards.
A pedestrian stairway adjacent to the existing bridge, and the pedestrian walkway on Traffic Way and
across the existing bridge, provide pedestrian access from Branch Street to Village Creek Plaza. The
pedestrian stairway and pedestrian access on the existing bridge would be temporarily closed during
construction. However, pedestrian access to Village Creek Plaza from Branch Street would be maintained
via the proposed temporary roadway detour using Traffic Way south of the construction area, the existing
pedestrian crosswalk on Traffic Way at Station Way, Nelson Street, and Bridge Street to Branch Street.
Following construction, the pedestrian stairway and pedestrian access on the bridge and Traffic Way
would be fully restored and upgraded to current standards.
The temporary restriping and removal of street parking spaces along East Branch Street and Bridge Street
would result in the removal of a barrier between moving vehicles and pedestrians. However, there is
adequate space within the adjacent sidewalk to safely accommodate pedestrians and current speed limits
would limit vehicle speeds in these areas to 25 mph. In addition, additional traffic controls would be
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implemented to maximize clarity and safety of the detour plan. These traffic controls would include high-
visibility signage, including use of retroreflective and/or fluorescent materials, traffic cones and/or
fencing, temporary stop controls, etc. and would be designed and implemented in accordance with the
U.S. Department of Transportation Federal Highway Administration (FHA) Manual on Uniform Traffic
Control Devices (MUTCD).
CONSTRUCTION EQUIPMENT
Equipment anticipated to be used for the project includes excavators, dozers, cranes, dump trucks,
concrete trucks, concrete pumps, and pile-drilling equipment. Removal of the existing bridge would
require excavators, hoe rams, cranes, and dump trucks. Construction is currently anticipated to be
completed within 9 months (between May 1, 2022, and January 31, 2023).
1.4 Required Discretionary Approvals
The following discretionary approvals are anticipated to be required for the project:
• Section 401 Water Quality Certification from the Central Coast Regional Water Quality Control
Board (RWQCB);
• Section 1602 Streambed Alteration Agreement from the California Department of Fish and
Wildlife (CDFW);
• Section 404 Nationwide Permit from the U.S. Army Corps of Engineers (USACE);
• Formal Section 7 consultation with the U.S. Fish and Wildlife Service (USFWS) and/or the
National Oceanic and Atmospheric Administration National Marine Fisheries Service (NOAA
Fisheries); and
• San Luis Obispo County Air Pollution Control District (SLOAPCD) construction permit.
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2 ENVIRONMENTAL CHECKLIST AND ENVIRONMENTAL
EVALUATION
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The proposed project could have a "Potentially Significant Impact" for environmental factors checked
below. Please refer to the attached pages for discussion on mitigation measures or project revisions to
either reduce these impacts to less than significant levels or require further study.
☐ Aesthetics ☐ Greenhouse Gas Emissions ☒ Public Services
☐ Agriculture and Forestry
Resources ☒ Hazards and Hazardous
Materials ☐ Recreation
☒ Air Quality ☒ Hydrology and Water Quality ☐ Transportation
☒ Biological Resources ☒ Land Use and Planning ☒ Tribal Cultural Resources
☒ Cultural Resources ☐ Mineral Resources ☒ Utilities and Service Systems
☐ Energy ☒ Noise ☒ Wildfire
☒ Geology and Soils ☐ Population and Housing ☒ Mandatory Findings of
Significance
ENVIRONMENTAL DETERMINATION
On the basis of this initial evaluation:
☐ I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
☒ I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be
prepared.
☐ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
☐ I find that the proposed project MAY have a “potentially significant impact” or “potentially
significant unless mitigated” impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measure based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
☐ I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or
mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project, nothing further is required.
Date: Signed:
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I. Aesthetics
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Except as provided in Public Resources Code Section 21099, would the project:
(a) Have a substantial adverse effect on a scenic vista? ☐ ☐ ☒ ☐
(b) Substantially damage scenic resources, including, but
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
☐ ☐ ☒ ☐
(c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of
the site and its surroundings? (public views are those
that are experienced from publicly accessible vantage
point). If the project is in an urbanized area, would the
project conflict with applicable zoning and other
regulations governing scenic quality?
☐ ☐ ☒ ☐
(d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in
the area?
☐ ☐ ☒ ☐
Setting
The California Environmental Quality Act (CEQA) establishes that it is the policy of the state to take all
action necessary to provide people of the state “with… enjoyment of aesthetic, natural, scenic and historic
environmental qualities” (California Public Resources Code [PRC] Section 21001[b]). A scenic vista is
generally defined as a high-quality view displaying good aesthetic and compositional values that can be
seen from public viewpoints. Some scenic vistas are officially or informally designated by public
agencies or other organizations. A substantial adverse effect on a scenic vista would occur if the project
would significantly degrade the scenic landscape as viewed from public roads or other public areas. A
proposed project’s potential effect on a scenic vista is largely dependent on the degree to which it would
complement or contrast with the natural setting, the degree to which it would be noticeable in the existing
environment, and whether it detracts from or complements the scenic vista.
The California Scenic Highway Program was created by the State Legislature in 1963 with the intention
of protecting and enhancing the natural scenic beauty of California highways and adjacent corridors. A
highway may be designated scenic depending on how much of the natural landscape can be seen by
travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the
traveler’s enjoyment of the view. Designated and eligible Scenic Highways within San Luis Obispo
County include US 101, SR 46, portions of SR 41, SR 1, and Lake Nacimiento Drive. US 101 is located
approximately 0.1 mile west of the project site (Caltrans 2021c).
The City of Arroyo Grande Agriculture, Conservation and Open Space Element (ACOSE) includes goals
and policies intended to protect visually accessible scenic resources. Scenic resources protected under the
City’s ACOSE may include agricultural land, open spaces, hillsides, ridgelines, canyons, valleys,
landmark trees, woodlands, wetlands, streambeds, and banks, as well as aspects of the built environment
of historic nature or that are unique to the city (City of Arroyo Grande 2007).
The project site consists of Traffic Way bridge, which is located in an urban area in the central portion of
the city and surrounded by one- and two-story commercial development in all directions. The existing
Traffic Way bridge spans Arroyo Grande Creek, which is a perennial stream with a dense riparian
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canopy. The project site is developed with designated bike lanes; pedestrian infrastructure, including
sidewalks and crosswalks; and vegetative landscaping. The project site is located approximately 260 feet
west of the recently rehabilitated historic Bridge Street bridge, which underwent construction in 2020 and
was completed in 2021 (SWCA 2021f).
Environmental Evaluation
a) Would the project have a substantial adverse effect on a scenic vista?
For CEQA purposes, a scenic vista is generally defined as a viewpoint that provides expansive views of a
highly valued landscape or scenic resource for the benefit of the general public. A substantial adverse
effect on a scenic vista would occur if the proposed project would significantly degrade the scenic
landscape as viewed from public roads or other public areas. The City’s ACOSE identifies scenic
resources as agricultural land, open spaces, hillsides, ridgelines, canyons, valleys, landmark trees,
woodlands, wetlands, streambeds, and banks, as well as aspects of the built environment of historic or
unique nature. The project site provides views of commercial development to the north and commercial
development and distant hillsides to the south. Views to the east and west are dominated by trees
associated with Arroyo Grande Creek. The proposed project includes replacement of the existing Traffic
Way bridge to reduce risk caused by erosion surrounding the foundation of the bridge. Construction
activities would result in temporary construction-related views during the 97-month construction period,
including construction equipment and vehicles, workers, and signage. In addition, construction activities
would include vegetation removal below and adjacent to the bridge as necessary for equipment access and
installation of the new bridge foundations. Construction-related views would be temporary in nature and
would not result in a permanent adverse change to existing views in the project area.
Following construction activities, the proposed bridge would retain the same alignment as the original
bridge structure and would consist of a single-span bridge with no piers within the creek bed. Therefore,
the project would result in an overall improvement in the views of the bridge and Arroyo Grande Creek.
The proposed bridge structure would accommodate the same number of vehicle lanes, Class II bicycle
lanes, and pedestrian facilities (sidewalks, light posts, and fencing) as the existing bridge structure. In
addition, the project includes revegetation within impacted areas. The proposed bridge structure would be
designed in accordance with applicable City and Caltrans design guidelines and standards and would be
similar in appearance to the existing bridge. The project would result in the replacement of the existing
Traffic Way bridge and does not include components that would significantly change the existing
viewshed of the project site; therefore, the project would not have a substantial effect on a scenic vista
and impacts would be less than significant.
b) Would the project substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings within a state scenic
highway?
There are no designated state scenic highways within or in the immediate vicinity of the project site.
US 101 is considered an eligible state scenic highway by Caltrans and is located approximately 0.1 mile
west of the Traffic Way bridge (Caltrans 2021c). Temporary construction access would require the use of
existing unnamed, unpaved agricultural access roads located west of US 101, crossing under the existing
US 101 bridge, and continuing east of US 101 through an open field that is part of an urban development
associated with Village Creek Plaza. The open field would be used for construction equipment storage
and construction access to the project site. Based on Google Earth Pro imagery, the portion of US 101 that
extends through the project site consists of native trees that block views east of US 101. Therefore, views
of most of the construction and all operational components of the project from US 101 would be
obstructed by intervening vegetation. Construction of the project may result in temporary, intermittent
views of workers, vehicles, and equipment accessing the site west of US 101; however, following project
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construction, construction crews, vehicles, and equipment would vacate the area and the project site
would be returned to preconstruction conditions. The project would require tree removal for development
at the bridge site and would not require tree removal within the viewshed of US 101. In addition, the
project includes revegetation of disturbed areas to avoid permanently degrading visual resources within
the project area. The project would not substantially damage scenic resources within a state scenic
highway; therefore, impacts would be less than significant.
c) In non-urbanized areas, would the project substantially degrade the existing
visual character or quality of public views of the site and its surroundings? (public
views are those that are experienced from publicly accessible vantage point). If
the project is in an urbanized area, would the project conflict with applicable
zoning and other regulations governing scenic quality?
The project site is located in an urbanized area of the city of Arroyo Grande in the Village Mixed-Use
(VMU) and Village Downtown Core (VDC) zoning designations (City of Arroyo Grande 2018). The
City’s Design Guidelines and Standards for the Historic Character Overlay District provides guidelines
and standards for development in the VDC, VMU, Village SF-Low (VSF-L), Village SF-Medium (VSF-
M), Village MF-Medium (VMF-M), and Village Community Facility (VCF) zoning designations that are
intended to protect the historic buildings, character, and architecture that reflect the city’s heritage (City
of Arroyo Grande 1994). In addition, the City’s Design Guidelines and Standards for Design Overlay
District (D-2.11) – Traffic Way and Station Way provide goals to encourage design that would not detract
from the neighboring village districts (City of Arroyo Grande 2014). However, the design guidelines
would not apply to the project because the project is limited to replacement of an existing bridge and does
not include the development of new buildings that would be subject to building design guidelines or other
zoning standards.
The City’s ACOSE includes goals and policies intended to protect visual resources, including agricultural
land, open spaces, hillsides, ridgelines, canyons, valleys, landmark trees, woodlands, wetlands,
streambeds and banks, as well as aspects of the built environment of historic nature or that are unique to
the city (City of Arroyo Grande 2007). In addition to temporary construction views, proposed
construction activities would result in the removal of vegetation below and adjacent to the bridge as
necessary for equipment access and installation of the new bridge foundations. Following construction
activities, the proposed bridge would retain the same alignment as the original bridge structure and would
consist of a single-span bridge with no piers within the creek bed. Therefore, the project would result in
an overall improvement in the views of the bridge and Arroyo Grande Creek. The proposed bridge
structure would accommodate the same number of vehicle lanes, Class II bicycle lanes, and pedestrian
facilities (sidewalks, light posts, and fencing) as the existing bridge structure. In addition, the project
includes revegetation of disturbed project areas. Therefore, the project would be consistent with goals and
policies of the City’s ACOSE.
The project would result in temporary construction views during the 97-month construction period;
however, implementation of the project would not result in a significant permanent change to the existing
viewshed and does not include any components that would be inconsistent with zoning or other
regulations governing scenic quality. Therefore, impacts would be less than significant.
d) Would the project create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
There are 12 existing outdoor light posts along the railings of the Traffic Way bridge that are used for
nighttime lighting. Replacement of the Traffic Way bridge would include replacement of existing light
posts along the bridge. New outdoor lighting along the proposed bridge would be consistent with the
intensity of existing lighting along the existing bridge. In addition, new outdoor lighting would be
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required to comply with City Municipal Code Section 16.48.090(A), which establishes outdoor lighting
requirements for nonresidential uses within the city to prevent light pollution from degrading nighttime
views of the area. Therefore, based on the nature of development and required compliance with the City
Municipal Code, impacts related to nighttime lighting would be less than significant.
Conclusion
The project would result in temporary construction-related views during the 97-month construction
period. However, implementation of the project would not result in a significant permanent change to the
existing viewshed. Any vegetation that is removed during project construction would be revegetated
following project activities. The project would not substantially damage scenic resources within a state
scenic highway. Nighttime lighting along the proposed bridge would be consistent with existing nighttime
lighting conditions. The new bridge would be consistent with the level of development of the existing
bridge and would not result in new components that would be inconsistent with zoning or other
regulations governing scenic quality. Therefore, potential impacts related to aesthetic resources would be
less than significant, and no mitigation is necessary.
Mitigation Measures
No mitigation is required.
II. Agriculture and Forestry Resources
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to th e
California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as
an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources,
including timberland, are significant environmental effects, lead agencies may refer to information compiled by the Californi a
Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range
Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest
Protocols adopted by the California Air Resources Board. Would the project:
(a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
☐ ☐ ☒ ☐
(b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract? ☐ ☐ ☒ ☐
(c) Conflict with existing zoning for, or cause rezoning of,
forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
☐ ☐ ☐ ☒
(d) Result in the loss of forest land or conversion of forest
land to non-forest use? ☐ ☐ ☐ ☒
(e) Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☒ ☐
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Setting
The California Department of Conservation (CDOC) Farmland Mapping and Monitoring Program
(FMMP) produces maps and statistical data used for analyzing impacts on California’s agricultural
resources. Agricultural land is rated according to soil quality and current land use. For environmental
review purposes under CEQA, the FMMP categories of Prime Farmland, Farmland of Statewide
Importance, Unique Farmland, Farmland of Local Importance, and Grazing Land are considered
“agricultural land.” Other non-agricultural designations include Urban and Built-up Land, Other Land,
and Water. According to the FMMP, the project site is located on land that is designated as urban and
built-up land (CDOC 2016).
The Land Conservation Act of 1965, commonly referred to as the Williamson Act, enables local
governments to enter into contracts with private landowners for the purpose of restricting specific parcels
of land to agriculture or related open space use. In return, landowners receive property tax assessments
that are much lower than normal because they are based on farming and open space uses as opposed to
full market value. The project site does not include land within the Agriculture land use designation and is
not subject to a Williamson Act contract.
According to PRC Section 12220(g), forest land is defined as land that can support 10% native tree cover
of any species, including hardwoods, under natural conditions, and that allows for management of one or
more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality,
recreation, and other public benefits. Timberland is defined as land, other than land owned by the federal
government and land designated by the State Board of Forestry and Fire Protection as experimental forest
land, which is available for, and capable of, growing a crop of trees of a commercial species used to
produce lumber and other forest products, including Christmas trees.
The City’s ACOSE includes Objectives Ag1 through Ag6 and corresponding policies for the protection of
agricultural resources, including, but not limited to, the conservation of prime agricultural land and soils,
conservation of groundwater for agricultural operations, and the promotion of the coexistence of
agricultural and urban land uses (City of Arroyo Grande 2007).
The project site is designated as Urban and Built-up Land by the FMMP (CDOC 2016). Based on the
City’s Land Use Map, there is no designated forest land or timberland within the city (City of Arroyo
Grande 2018). The existing Traffic Way bridge is not located within designated agricultural land, forest
land, or timberland. There is FMMP-designated Prime Farmland- and Agriculture-zoned land located
approximately 0.15 mile (800 feet) west of the existing Traffic Way bridge, immediately west of the
US 101 southbound lane (CDOC 2016; City of Arroyo Grande 2018).
Environmental Evaluation
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the California Resources Agency,
to non-agricultural use?
According to the CDOC FMMP, most of the project site is designated as Urban and Built-up Land, and
land located approximately 800 feet west of the project site is designated as Prime Farmland by the
FMMP (CDOC 2016). Temporary construction access would require the use of existing unnamed,
unpaved agricultural access roads located within the designated Prime Farmland. Proposed construction
staging would occur in an open field used for urban commercial development and would not be located in
the nearby agricultural land. Existing agricultural access roads would remain accessible to ongoing
agricultural operations throughout the proposed construction period. Therefore, temporary use of the
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existing agricultural access roads would not result in impacts to existing farmland. Further, all
construction access and staging areas would be returned to their original condition following construction;
therefore, implementation of the project would not result in the permanent conversion of designated
Prime Farmland to non-agricultural use, and impacts would be less than significant.
b) Would the project conflict with existing zoning for agricultural use, or a
Williamson Act contract?
The Traffic Way bridge is located in the VMU and VCD zoning designations (City of Arroyo Grande
2018). Land located immediately west of the US 101 southbound lane is within the Agriculture zoning
designation and is currently developed and used for agricultural operations, including cropland (City of
Arroyo Grande 2018). Temporary access would require the use of existing unnamed, unpaved agricultural
access roads located within the agricultural land. The project would not prohibit ongoing agricultural
operations because existing agricultural access roads would remain accessible to ongoing agricultural
operations throughout the proposed construction period. Temporary use of the existing agricultural roads
would not result in conversion of or other impacts to existing farmland and all construction access areas
would be returned to their original condition following construction. In addition, the project site is not
under a Williamson Act contract. Therefore, the project would not conflict with existing zoning for
agricultural uses or a Williamson Act contract, and impacts would be less than significant.
c) Would the project conflict with existing zoning for, or cause rezoning of, forest
land (as defined in Public Resources Code section 12220(g)), timberland (as
defined by Public Resources Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section 51104(g))?
According to the City’s zoning map, there is no designated forest land or timberland within the city (City
of Arroyo Grande 2018). Therefore, implementation of the project would not conflict with zoning for
forest land or timberland, and no impact would occur.
d) Would the project result in the loss of forest land or conversion of forest land to
non-forest use?
As previously described in threshold II(c), there is no designated forest land or timberland within the city
(City of Arroyo Grande 2018). Since there is no designated forest land within the project area, proposed
tree removal would not result in the loss of forest land or conversion of forest land to non-forest use, and
no impact would occur.
e) Would the project involve other changes in the existing environment which, due to
their location or nature, could result in conversion of Farmland, to non-
agricultural use or conversion of forest land to non-forest use?
Based on the CDOC FMMP, there is designated Prime Farmland located approximately 0.15 mile west of
the Traffic Way bridge (CDOC 2016). This area is also within the Agriculture zoning designation and is
currently developed and used for agricultural operations. Temporary construction access would require
the use of existing unnamed, unpaved agricultural access roads located west of US 101, crossing under
the existing US 101 bridge, and continuing east of US 101 through an open field that is part of an urban
development associated with Village Creek Plaza. The open field is within the VMU zoning designation
and is not used for agricultural operations. The field would be used for construction staging and access to
the bridge site. Temporary use of the existing agricultural access roads would not prohibit access for
ongoing agricultural operations and would not result in impacts to existing farmland. Further, all
construction access and storage areas would be returned to preconstruction conditions following
construction activities. The project does not include long-term features that would interfere with soil
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quality, air quality, water quality, or groundwater supply that could permanently affect nearby agricultural
land. In addition, according to the City’s zoning map, there is no designated forest land or timberland
within the city (City of Arroyo Grande 2018). Therefore, the project would not result in changes to the
environment that could convert farmland to non-agricultural use or forest land to non-forest use, and
impacts would be less than significant.
Conclusion
The project would require the temporary use of existing agricultural access routes located on designated
Prime Farmland and land zoned for agricultural uses; however, implementation of the project would not
permanently convert any Prime Farmland or agriculturally zoned land to non-agricultural uses. The
project would not result in adverse impacts to forest land or timberland because there is no designated
forest land or timberland within the city. Therefore, potential impacts related to agricultural resources
would be less than significant, and no mitigation is necessary.
Mitigation Measures
No mitigation is required.
III. Air Quality
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Where available, the significance criteria established by the applicable air quality management district or air pollution control
district may be relied upon to make the following determinations. Would the project:
(a) Conflict with or obstruct implementation of the
applicable air quality plan? ☐ ☐ ☒ ☐
(b) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard?
☐ ☐ ☒ ☐
(c) Expose sensitive receptors to substantial pollutant
concentrations? ☐ ☒ ☐ ☐
(d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
☐ ☒ ☐ ☐
Setting
San Luis Obispo County is part of the South Central Coast Air Basin, (SCCAB), which also includes
Santa Barbara and Ventura Counties. Air quality within the SCCAB is regulated by several jurisdictions,
including the U.S. Environmental Protection Agency (USEPA), California Air Resources Board (CARB),
and San Luis Obispo County Air Pollution Control District (SLOAPCD). Each of these jurisdictions
develops rules, regulations, and policies to attain the goals or directives imposed upon them through
legislation. The CARB is the agency responsible for coordination and oversight of state and local air
pollution control programs in California and for implementing the California Clean Air Act (CCAA) of
1988. The State Department of Public Health established California Ambient Air Quality Standards
(CAAQS) in 1962 to define the maximum amount of a pollutant (averaged over a specified period of
time) that can be present without any harmful effects on people or the environment. The CARB adopted
the CAAQS developed by the Department of Public Health in 1969, which had established CAAQS for
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10 criteria pollutants: particulate matter (under 10 microns [PM10] and under 2.5 microns [PM2.5]), ozone
(O3), nitrogen dioxide (NO2), sulfate, carbon monoxide (CO), sulfur dioxide (SO2), visibility-reducing
particles, lead (Pb), hydrogen sulfide (H2S), and vinyl chloride.
The Federal Clean Air Act (FCAA) later required the USEPA to establish National Ambient Air Quality
Standards (NAAQS) for pollutants considered harmful to public health and the environment, and also set
deadlines for their attainment. The USEPA has established NAAQS for six criteria pollutants (all of
which are also regulated by CAAQS): CO, Pb, NO2, O3, PM10 and PM2.5, and SO2. California law
continues to mandate compliance with CAAQS, which are often more stringent than national standards.
However, California law does not require that CAAQS be met by specified dates as is the case with
NAAQS. Rather, it requires incremental progress toward attainment. The SLOAPCD is the agency
primarily responsible for ensuring that NAAQS and CAAQS are not exceeded and that air quality
conditions within the county are maintained.
The state and national attainment status designations pertaining to San Luis Obispo County are
summarized in Table 1. San Luis Obispo County is currently designated as a nonattainment area with
respect to the state O3 and PM10 standards. In addition, the eastern portion of the county is designated
nonattainment for the national O3 standards. The county is designated attainment or unclassified for the
remaining national and state standards.
Table 1. Summary of Ambient Air Quality Standards and Attainment Designations
Pollutant Averaging Time
California Standards1 National Standards1
Concentration Attainment Status Primary Attainment Status
Ozone (O3)
1-hour 0.09 ppm
(180 μg/m3)
Non-Attainment
--
Non-Attainment
Eastern San Luis
Obispo County
Attainment
Western San Luis
Obispo County2 8-hour 0.070 ppm
(137 μg/m3)
0.070 ppm
(137 μg/m3)
Respirable Particle
Matter (PM10)
24-hour 50 μg/m3
Non-Attainment
150 μg/m3 Unclassified/
Attainment AAM 20 μg/m3 –
Fine Particulate
Matter (PM2.5)
24-hour No State
Standard Attainment 35 μg/m3 Unclassified/
Attainment AAM 12 μg/m3 12 μg/m3
Carbon Monoxide
(CO)
1-hour 20 ppm
(23 mg/m3)
Attainment
35 ppm
(40 mg/m3)
Unclassified
8-hour 9 ppm
(10 mg/m3)
9 ppm
(10 mg/m3)
Nitrogen Dioxide
(NO2)
1-hour 0.18 ppm
(339 μg/m3)
Attainment
100 ppb
(188 μg/m3)
Unclassified
AAM 0.030 ppm
(57 μg/m3)
0.053 ppm
(100 μg/m3)
Sulfur Dioxide
(SO2)
1-hour 0.25 ppm
(655 μg/m3)
Attainment
75 ppb
(196 mg/m3)
Unclassified
3-hour –
Secondary:
0.5 ppm
(1,300 μg/m3)
24-hour 0.04 ppm
(105 μg/m3)
0.14 ppm
(for certain areas)
AAM – 0.030 ppm
(for certain areas)
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Pollutant Averaging Time
California Standards1 National Standards1
Concentration Attainment Status Primary Attainment Status
Lead
30-day Average 1.5 μg/m3
Attainment
–
No Attainment
Information
Calendar Quarter – –1.5 µg/m3
(for certain areas)
Rolling 3-Month
Average – 0.15 μg/m3
Visibility-Reducing
Particle Matter 8-hour Extinction of 0.23
per kilometer Attainment
No
Federal
Standards
Sulfates 24-hour 25 μg/m3 Attainment
Hydrogen Sulfide 1-hour 0.03 ppm
(42 μg/m3) Attainment
Vinyl Chloride 24-hour 0.01 ppm
(26 μg/m3)
No Attainment
Information
Notes:
µg/m3 = micrograms per cubic meter, pp, = parts per million, AAM = Annual Arithmetic Mean
1 Unclassified (USEPA/federal definition): Any area that cannot be classified on the basis of available information as meeting or not meeting the
national primary or secondary ambient air quality standard for that pollutant.
2 San Luis Obispo County has been designated non-attainment east of the -120.4 degree longitude line, in areas of San Luis Obispo County that
are south of latitude 35.45 degrees, and east of the -120.3 degree longitude line, in areas of San Luis Obispo County that are north of latitude
35.45 degrees.
Source: SLOAPCD 2019.
Naturally Occurring Asbestos (NOA) is identified as a toxic air contaminant by the CARB. Serpentine
and other ultramafic rocks are fairly common throughout the county and may contain NOA. If these areas
are disturbed during construction, NOA-containing particles can be released into the air and have an
adverse impact on local air quality and human health. According to the SLOAPCD’s NOA map, the
project site is not located in an area the SLOAPCD has identified as having the potential for NOA to be
present (SLOAPCD 2021).
The SLOAPCD’s San Luis Obispo County 2001 Clean Air Plan (2001 Clean Air Plan) is a
comprehensive planning document intended to evaluate long-term air pollutant emissions and cumulative
effects and provide guidance to the SLOAPCD and other local agencies on how to attain and maintain the
state standards for O3 and PM10 (SLOAPCD 2001). The 2001 Clean Air Plan presents a detailed
description of the sources and pollutants that impact the jurisdiction’s attainment of state standards, future
air quality impacts to be expected under current growth trends, and an appropriate control strategy for
reducing O3 precursor emissions, thereby improving air quality.
The SLOAPCD has developed and updated their CEQA Air Quality Handbook (most recently updated
with a November 2017 Clarification Memorandum) to help local agencies evaluate project-specific
impacts and determine if air quality mitigation measures are needed, or if potentially significant impacts
could result (SLOAPCD 2012, 2017). General screening criteria are used by the SLOAPCD to determine
the type and scope of air quality assessment required for a particular project (Table 1-1 in the
SLOAPCD’s CEQA Air Quality Handbook). These criteria are based on project size in an urban setting
and are designed to identify those projects with the potential to exceed the SLOAPCD’s significance
thresholds. A more refined analysis of air quality impacts specific to a given project is necessary for
projects that exceed the screening criteria identified in Table 2, below, or are within 10% of exceeding the
screening criteria.
The county’s air quality is measured by a total of 10 ambient air quality monitoring stations, and pollutant
levels are measured continuously and averaged each hour, 24 hours a day. The significance of a given
pollutant can be evaluated by comparing its atmospheric concentration to federal and state air quality
standards. These standards represent allowable atmospheric containment concentrations at which the
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public health and welfare are protected and include a factor of safety. The SLOAPCD prepares an Annual
Air Quality Report detailing information on air quality monitoring and pollutant trends in the county.
Sensitive Receptors
One of the most important reasons for air quality standards is the protection of those members of the
population who are most sensitive to the adverse health effects of air pollution, termed “sensitive
receptors.” The term “sensitive receptors” refers to specific population groups, as well as the land uses
where individuals would reside for long periods. Commonly identified sensitive population groups
include children, the elderly, the acutely ill, and the chronically ill. Commonly identified sensitive land
uses would include facilities that house or attract children, the elderly, people with illnesses, or others
who are especially sensitive to the effects of air pollutants. Residential dwellings, schools, parks,
playgrounds, childcare centers, convalescent homes, and hospitals are examples of sensitive land uses.
The nearest sensitive receptor locations include a private single-family residence, located approximately
367 feet southeast from the boundary of the project site, and medical offices, located approximately 290
feet southwest from the boundary of the project site (SWCA 2021d).
Health Risk from a Nearby High-Volume Roadway
Diesel‐fueled trucks and cars travel on US 101, which is considered a high‐volume roadway, so future
residents living in any proposed residential units near US 101 could be exposed to diesel particulate
matter (DPM), which has been classified by the state as a toxic air contaminant and a carcinogen.
San Luis Obispo County Air Pollution Control District Thresholds
The SLOAPCD thresholds for determining the significance of impacts for total emissions expected from a
project’s construction activities are provided in Table 2. The SLOAPCD has discretion to require
mitigation for projects that would not exceed the mitigation thresholds if those projects would result in
special impacts, such as the release of DPM emissions or asbestos near sensitive receptors.
Table 2. SLOAPCD Thresholds of Significance for Construction Operations
Pollutant
Threshold1
Daily
Quarterly
Tier 1
Quarterly
Tier 2
Reactive Organic Gases (ROG) + Nitrogen Oxides (NOx)
(combined)
137 lbs 2.5 tons 6.3 tons
Diesel Particulate Matter (DPM) 7 lbs 0.13 tons 0.32 tons
Fugitive Particulate Matter (PM10), Dust 2 -- 2.5 tons --
Notes:
lbs = pounds
1 Daily and quarterly emission thresholds are based on the California Health and Safety Code and the CARB Carl Moyer Guidelines.
2 Any project with a grading area greater than 4.0 acres of worked area can exceed the 2.5-ton PM10 quarterly threshold.
Source: SLOAPCD 2012.
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Environmental Evaluation
a) Would the project conflict with or obstruct implementation of the applicable air
quality plan?
In order to be considered consistent with the 2001 Clean Air Plan, a project must be consistent with the
land use planning and transportation control measures and strategies that are outlined in the Clean Air
Plan (SLOAPCD 2012). Construction and oOperation of the project may result in short-term construction
emissions and infrequent maintenance trips to and from the site on an as-needed basis. Short-term
construction related emissions, particularly for a project of this nature intended to improve transportation
facilities, would not conflict with the Clean Air Plan. Because the project would not generate regular daily
vehicle trips, transportation control measures, such as encouraging use of alternative transportation
options, telecommuting, and measures intended to reduce vehicle miles traveled (VMT), would not be
applicable to the project. The project consists of replacing the existing Traffic Way bridge and does not
propose commercial, residential, or other development that would be applicable to land use planning
measures, such as provision of mixed-use development, planning compact communities with higher
densities, and balancing jobs and housing. Traffic Way currently consists of a Class II bike lane and
pedestrian facilities. The proposed bridge would retain the Class II bike lane and pedestrian facilities to
allow for a connected community and to encourage alternative modes of travel within the city’s
downtown. Therefore, the project would not conflict with the 2001 Clean Air Plan, and impacts would be
less than significant.
b) Would the project result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non-attainment under an applicable
federal or state ambient air quality standard?
Project air pollutant emissions were estimated using the most recent version of the California Emissions
Estimator Model (CalEEMod 2020.4.0). Based on estimated construction phase length, grading volumes,
and other factors, estimated construction-related emissions that would result from the project were
calculated and compared to applicable SLOAPCD thresholds in Table 3. The CalEEMod results are
included in Appendix A.
Table 3. Estimated Construction Emissions
Pollutant
Project
Construction
Emissions
(Daily)
Project
Construction
Emissions
(quarterly)
SLOAPCD Thresholds1 Does the
Project
exceed
SLOAPCD
Thresholds? Daily
Quarterly
Tier 1
Reactive Organic Gases (ROG) +
Nitrogen Oxides (NOx)
(combined)
9.34 lbs/day 0.15 tons/quarter 137 lbs 2.5 tons No
Diesel Particulate Matter (DPM) 0.32 lbs/day 0.008 tons/quarter 7 lbs 0.13 tons No
Fugitive Particulate Matter
(PM10), Dust 2
-- 0.018 tons/quarter -- 2.5 tons No
Notes:
lbs = pounds
1 Daily and quarterly emission thresholds are based on the California Health and Safety Code and the CARB Carl Moyer Guidelines.
2 Any project with a grading area greater than 4.0 acres of worked area can exceed the 2.5-ton PM10 quarterly threshold.
Source: SLOAPCD 2012.
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As shown in Table 3, the project would not exceed daily or quarterly SLOAPCD thresholds for
construction-related emissions. Therefore, the project would not result in a cumulatively considerable net
increase in identified criteria pollutants, and construction-related impacts would be less than significant.
Implementation of the project would not result in new uses that could increase operational emissions.
Operation of the project would include continued operation of the Traffic Way bridge and may require
infrequent vehicle trips for maintenance activities on an as-needed basis. The Traffic Way bridge provides
passage over Arroyo Grande Creek and, based on the 2016 Bridge Inspection Report, traffic volumes
through the site are approximately 9,600 vehicles per day. Traffic Way is classified as an urban arterial
roadway and has an estimated future average daily traffic (ADT) rate of 11,000 based on estimated
growth within the city. Replacement of the bridge is not anticipated to result in an increase in vehicle trips
compared to existing conditions. The proposed replacement bridge would be paved and would not result
in increased particulate matter during operation. Therefore, the project would not result in new
development that would generate operational emissions or increased VMT. Operational impacts
associated with generation of criteria air pollutant emissions would be less than significant.
c) Would the project expose sensitive receptors to substantial pollutant
concentrations?
The nearest sensitive receptor locations include a private single-family residence, located approximately
367 feet southeast from the boundary of the project site, and medical offices, located approximately 290
feet southwest from the boundary of the project site (SWCA 2021d). In addition, the project would
require the temporary closure of Traffic Way during the 9-month construction period, which would
require a temporary traffic detour route through the Village Core of the city. Temporary striping would be
implemented along East/West Branch, Mason, Fair Oaks, Traffic Way, and Bridge Streets to allow traffic
to navigate the detour more efficiently; however, detours would be expected to result in temporary delays
along these roadways, which could increase air pollutant emissions from vehicle idling. According to the
SLOAPCD CEQA Air Quality Handbook, projects that occur within 1,000 feet of sensitive receptors have
the potential to result in adverse impacts involving construction emissions (SLOAPCD 2012). Therefore,
based on the proximity to the nearest sensitive receptor locations, Mitigation Measure AQ-1 has been
included to require limitations on diesel idling during the construction phase of the project to reduce
potential impacts related to air quality emissions near sensitive receptor locations. The project would not
increase operational traffic, change long-term circulation, or significantly affect long-term operational
impacts on proximate sensitive receptors. Therefore, impacts would be less than significant with
mitigation.
d) Would the project result in other emissions (such as those leading to odors)
adversely affecting a substantial number of people?
Construction of the proposed project would generate odors associated with construction smoke, dust, and
equipment exhaust and fumes. Proposed construction activities would not differ significantly from those
resulting from any other type of construction project. Any construction odors would be temporary and
limited to the construction phase of the proposed project. The SLOAPCD NOA Map indicates the project
site is not located within an area identified as having potential for NOA to be present (SLOAPCD 2021).
The Traffic Way bridge was originally constructed in 1932 and has been in use for 89 years; therefore,
there is potential for asbestos-containing material (ACM) to be released during decommissioning of the
existing bridge. Mitigation Measure AQ-2 has been included to reduce impacts related to potential release
of ACM during decommissioning of the bridge. With implementation of the identified mitigation
measure, impacts would be less than significant with mitigation.
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Conclusion
The project would be consistent with the 2001 Clean Air Plan. The project would not exceed
construction-related or operational air pollutant emission thresholds as established by the SLOAPCD.
With implementation of Mitigation Measure AQ-1, construction of the project is not anticipated to result
in significant air quality emissions that could adversely affect nearby sensitive receptor locations.
Mitigation Measure AQ-2 has been included to reduce potential impacts related to ACM during
decommissioning of the existing bridge. Therefore, with implementation of the identified mitigation
measures, impacts would be less than significant.
Mitigation Measures
MM AQ-1 Idling Control Techniques. During all construction activities and use of diesel vehicles,
the applicant shall implement the following idling control techniques:
Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road
Equipment.
a. Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors, if feasible;
b. Diesel idling within 1,000 feet of sensitive receptors shall not be
permitted;
c. Use of alternative-fueled equipment shall be used whenever possible;
and
d. Signs that specify the no idling requirements shall be posted and
enforced at the construction site.
California Diesel Idling Regulations. On-road diesel vehicles shall comply with
13 California Code of Regulations (CCR) 2485. This regulation limits idling
from diesel-fueled commercial motor vehicles with gross vehicular weight
ratings of more than 10,000 pounds and licensed for operation on highways. It
applies to California and non-California based vehicles. In general, the regulation
specifies that drivers of said vehicles:
a. Shall not idle the vehicle’s primary diesel engine for greater than 5
minutes at any location, except as noted in Subsection (d) of the
regulation; and
b. Shall not operate a diesel-fueled auxiliary power system (APS) to power
a heater, an air conditioner, or any ancillary equipment on that vehicle
during sleeping or resting in a sleeper berth for greater than 5 minutes at
any location when within 1,000 feet of a restricted area, except as noted
in Subsection (d) of the regulation.
Signs must be posted in the designated queuing areas and job sites to remind drivers of
the 5-minute idling limit. The specific requirements and exceptions in the regulation can
be reviewed at the following website: www.arb.ca.gov/msprog/truck-idling/2485.pdf.
MM AQ-2 Asbestos Material in Demolition. Demolition activities can have potential negative air
quality impacts, including issues surrounding proper handling, demolition, and disposal
of asbestos-containing material (ACM). ACMs could be encountered during demolition
or remodeling of the existing bridge. Asbestos can also be found in utility pipes/pipelines
(transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or
relocation or a building(s) is proposed to be removed or renovated, various regulatory
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requirements may apply, including the requirements stipulated in the National Emission
Standard for Hazardous Air Pollutants (NESHAP; 40 Code of Federal Regulations [CFR]
61, Subpart M - asbestos NESHAP). These requirements include but are not limited to:
(1) notification to the APCD; (2) an asbestos survey conducted by a Certified Asbestos
Inspector; and (3) applicable removal and disposal requirements of identified ACM.
More information on asbestos can be found at:
http://www.slocleanair.org/business/asbestos.php.
IV. Biological Resources
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
☐ ☒ ☐ ☐
(b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified
in local or regional plans, policies, regulations or by
the California Department of Fish and Game or US
Fish and Wildlife Service?
☐ ☒ ☐ ☐
(c) Have a substantial adverse effect on state or federally
protected wetlands (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
☐ ☒ ☐ ☐
(d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
☐ ☒ ☐ ☐
(e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☐ ☒ ☐ ☐
(f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
☐ ☒ ☐ ☐
Setting
The Federal Endangered Species Act (FESA) of 1973 provides legislation to protect federally listed plant
and animal species. The California Endangered Species Act (CESA) of 1984 ensures legal protection for
plants listed as rare or endangered and wildlife species formally listed as endangered or threatened, and
also maintains a list of California Species of Special Concern (SSC). SSC status is assigned to species
that have limited distribution, declining populations, diminishing habitat, or unusual scientific,
recreational, or educational value. Under state law, the CDFW has the authority to review projects for
their potential to impact special-status species and their habitats.
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The Migratory Bird Treaty Act (MBTA) protects all migratory birds, including their eggs, nests, and
feathers. The MBTA was originally drafted to put an end to the commercial trade in bird feathers, popular
in the latter part of the 1800s. The MBTA is enforced by the U.S. Fish and Wildlife Service (USFWS),
and potential impacts to species protected under the MBTA are evaluated by the USFWS in consultation
with other federal agencies and are required to be evaluated under CEQA.
The U.S. Army Corps of Engineers (USACE) regulates discharges of dredged or fill material into waters
of the United States. These waters include wetland and non-wetland waterbodies that meet specific
criteria. USACE jurisdiction regulates almost all work in, over, and under waters listed as “navigable
waters of the U.S.” that results in a discharge of dredged or fill material within USACE regulatory
jurisdiction, pursuant to Section 404 of the Clean Water Act (CWA). Under Section 404, USACE
regulates traditional navigable waters (TNWs), wetlands adjacent to TNWs, relatively permanent non-
navigable tributaries that have a continuous flow at least seasonally (typically 3 months), and wetlands
that directly abut relatively permanent tributaries.
The State Water Resources Control Board (SWRCB) and nine Regional Water Quality Control Boards
(RWQCBs) regulate discharges of fill and dredged material in California, under Section 401 of the CWA
and the Porter-Cologne Water Quality Control Act, through the State Water Quality Certification
Program. State Water Quality Certification is necessary for all projects that require a USACE permit, or
fall under other federal jurisdiction, and have the potential to impact waters of the State. Based on the
USFWS National Wetlands Inventory (NWI), Arroyo Grande Creek and associated wetland habitat is
located below the project site (USFWS 2021).
City Municipal Code Section 12.16.070 is designed to preserve, enhance, and revitalize the City’s urban
forest. The Community Tree Program sets forth guidelines and policies with regards to:
• Street tree requirements for new development;
• Landmark trees;
• Responsibility for tree-damaged sidewalks and public improvements;
• Privately owned trees affecting the public ROW;
• Tree removal in residential, mixed-use, and commercial zones;
• Public utility company requirements; and
• Installation, maintenance, and removal of trees relating to property development.
Regulated trees include street trees within the public ROW fronting the property, landmark trees, and any
oak trees with a trunk width over 12 inches in diameter when measured 4.5 feet from the base. Removing
them is prohibited without first obtaining a permit. The permit is available when the removal is deemed
appropriate. Any removal of a regulated tree without a permit is considered to be a misdemeanor violation
with a minimum $150.00 tree replacement fee.
The project area is in an urbanized portion of the city and is surrounded by commercial, recreational,
community, and residential land uses. The Traffic Way bridge extends over Arroyo Grande Creek, which
is a perennial stream with a dense riparian canopy. Elevations within the project area are approximately
125 feet above mean sea level (msl). Vegetation communities within the project area are identified in
Table 4 and Figure 3 (SWCA 2021e).
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Figure 3. Habitat map.
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Table 4. Plant Community/Habitat Present within the Project Area
Plant Community/Habitat Total Acres within Project Area
Arroyo Willow Thicket (includes Stream Channel1) 3.81
Ruderal 2.30
Ruderal/Agriculture 3.28
Ornamental/Landscaped 0.28
Developed/Disturbed 5.53
Total 15.2
1 Stream channel, delineated by ordinary high-water mark (OHWM), is within the riparian canopy.
Source: SWCA 2021e.
The following evaluation is based on the Natural Environment Study (NES) prepared by SWCA for the
proposed project in September 2021 (SWCA 2021e). The NES includes the results of literature and
database reviews of the California Department of Fish and Wildlife (CDFW) California Natural Diversity
Database (CNDDB), California Native Plant Society (CNPS) Electronic Inventory, a species list from the
USFWS, and environmental documents that have been prepared for other projects in the general area. The
NES also includes the results of the field and botanical surveys conducted in May 2019 and February
2020 and a Wetland Delineation conducted in February 2020. Based on the background review, 30
special-status plant species and 32 special-status animal species have been documented within the vicinity
of the project site. However, based on habitat types, soil conditions, and elevations present within the
project area, only the following four special-status plant species and six special-status animal species
were determined to have the potential to occur within the project area:
• Special-Status Plants
o black-flowered figwort (Scrophularia atrata)
o Gambel’s watercress (Nasturtium gambelii)
o marsh sandwort (Arenaria paludicola)
o San Bernardino aster (Symphyotrichum defoliatum)
• Special-Status Animals
o California red-legged frog (Rana draytonii)
o least Bell’s vireo (Vireo bellii pusillus)
o South-Central California Coast steelhead Distinct Population Segment (DPS)
(Oncorhynchus mykiss)
o southwestern willow flycatcher (Empidonax traillii extimus)
o Townsend’s big-eared bat (Corynorhinus townsendii)
o western pond turtle (Emys marmorata)
During field surveys of the project area, no special-status plants or animals or evidence of special-status
plants or animals were observed (SWCA 2021e).
Invasive Species
A total of 30 invasive plant species included on the California Invasive Plant Council (Cal-IPC) Inventory
were observed in the project area, as shown in Table 5 (SWCA 2021e). Five species with a Cal-IPC
category rating of High, 16 species with a Cal-IPC category rating of Moderate, and nine species with a
Cal-IPC category rating of Limited were observed (SWCA 2021e).
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Table 5. Invasive Species Observed in the Project Area
Scientific Name Common Name Cal-IPC Rating
Arundo donax giant reed High
Avena barbata slender wild oat Moderate
Avena fatua common wild oat Moderate
Brassica nigra black mustard Moderate
Bromus diandrus ripgut brome Moderate
Bromus tectorum cheatgrass High
Carduus pycnocephalus Italian thistle Moderate
Centaurea calcitrapa purple star thistle Moderate
Cirsium vulgare bull thistle Moderate
Conium maculatum poison hemlock Moderate
Cynodon dactylon Bermuda grass Moderate
Delairea odorata cape ivy High
Erodium cicutarium redstem filaree Limited
Festuca myuros rattail fescue Moderate
Festuca perennis Italian ryegrass Moderate
Foeniculum vulgare fennel High
Hedera helix English ivy High
Hordeum marinum ssp. gussoneanum seaside barley Moderate
Hordeum murinum ssp. leporinum hare barley Moderate
Hypochaeris glabra smooth cat's ear Limited
Hypochaeris radicata hairy cat's ear Moderate
Medicago polymorpha burclover Limited
Oxalis pes-caprae Bermuda buttercup Moderate
Raphanus sativus wild radish Limited
Ricinus communis castor bean Limited
Robinia pseudoacacia black locust Limited
Schinus molle Peruvian pepper tree Limited
Silybum marianum milk thistle Limited
Stipa miliacea var. miliacea Smilo grass Limited
Vinca magor bigleaf periwinkle Moderate
Source: SWCA 2021e.
Wetlands
According to the USFWS NWI surface water and wetland mapper, there is a riverine feature and
associated freshwater/forested shrub wetland that extends through the project area (USFWS 2021). A
wetland delineation was conducted in February 2020 for the portion of Arroyo Grande Creek that extends
through the project area. Arroyo Grande Creek within the project area has been modified and currently
supports an approximately 15-foot-wide channel and steep banks. Very slow flowing water and no
vegetation was observed within the creek channel at the time of the wetland delineation survey (SWCA
2021e, 2021h). Based on the conditions observed in the field, Arroyo Grande Creek is likely subject to
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USACE, CDFW, and RWQCB jurisdiction due to the presence of a clearly identifiable ordinary high-
water mark (OHWM), the evidence of a defined bed and bank, connectivity to the Pacific Ocean, a TNW,
presence of riparian vegetation, and evidence of wetland hydrology (SWCA 2021e, 2021h). Within the
project area, 0.37 acre of federal and 1.89 acres of state jurisdictional wetland features were identified, as
shown in Table 6.
Table 6. Jurisdictional Areas Present within the BSA
Jurisdictional Feature Total Jurisdictional Areas Present
Federal – Clean Water Act (Sections 404/401 applicable) 0.37 acre (16,204 square feet)
State – California Fish and Game Code
(Sections 1600–1602 applicable), Porter Cologne Act
1.89 acre (82,328 square feet)
Source: SWCA 2021e.
Environmental Evaluation
a) Would the project have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate, sensitive, or
special status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service?
SPECIAL-STATUS PLANTS
Literature and database reviews of the CDFW CNDDB, CNPS Electronic Inventory, and USFWS
Information for Planning and Consultation (IPaC) identified 30 special-status plant species that have the
potential to occur in the project area. Based on habitat types, soil conditions, and elevation within the
project area, four special-status plant species were identified as having the potential to occur within the
project site; however, no special-status species were observed on-site during appropriately timed
botanical surveys conducted in May 2019 and February 2020 (SWCA 2021e). The four special-status
plant species considered to have the potential to occur within the project site are discussed below.
Black-Flowered Figwort
Black-flowered figwort is a California Rare Plant Rank (CRPR) 1B.2 species that typically occurs in
coniferous forest, chaparral, coastal dune, coastal scrub, and riparian scrub habitats. Suitable habitat for
this species occurs within the riparian habitat on-site (see Figure 3). Proposed ground disturbance and
vegetation removal during construction activities has the potential to result in take of this species if
present within the project area. No black-flowered figwort was observed during appropriately timed
botanical surveys (SWCA 2021e).
Gambel’s Watercress
Gambel’s watercress is a CRPR 1B.2 species that typically occurs in freshwater or brackish marshes and
swamps. Suitable habitat for this species occurs within and adjacent to Arroyo Grande Creek on-site (see
Figure 3). Proposed ground disturbance and vegetation removal within Arroyo Grande Creek has the
potential to result in take of this species if present within the project area. No Gambel’s watercress was
observed during appropriately timed botanical surveys (SWCA 2021e).
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Marsh Sandwort
Marsh sandwort is a CRPR 1B.1 species that typically occurs in slow-moving water and tall emergent
vegetation. It uses the tall emergent vegetation as structural support. Suitable habitat for this species
occurs within and adjacent to Arroyo Grande Creek on-site (see Figure 3). Proposed ground disturbance
and vegetation removal within Arroyo Grande Creek has the potential to result in take of this species if
present within the project area. No marsh sandwort was observed during appropriately timed botanical
surveys (SWCA 2021e).
San Bernardino Aster
San Bernardino aster is a CRPR 1B.2 species that typically occurs in cismontane woodland, coastal scrub,
lower montane coniferous forest, meadows and seeps, marshes and swamps, and valley and foothill
grassland near ditches, streams, and springs. Suitable habitat for this species occurs near Arroyo Grande
Creek on-site (see Figure 3). Proposed ground disturbance and vegetation removal adjacent to Arroyo
Grande Creek has the potential to result in take of this species if present within the project area. No San
Bernardino aster was observed during appropriately timed botanical surveys (SWCA 2021e).
Implementation of the project is not anticipated to adversely impact special-status plant species because
there were no special-status plant species observed during appropriately timed botanical surveys.
However, since there is suitable habitat present within the project area, Mitigation Measure BIO-1 has
been included to require preconstruction botanical surveys prior to the initiation of construction activities.
In addition, there is potential for proposed construction activities to result in the spread of invasive
species. Mitigation Measure BIO-2 has been included to avoid or minimize the potential for construction
activities to result in the spread of invasive species. Therefore, potential impacts related to special-status
plant species would be less than significant with mitigation.
SPECIAL-STATUS ANIMALS
Literature and database reviews of the CDFW CNDDB and a species list from the USFWS IPaC
identified 32 special-status animal species that have been documented within the project region. Based on
the presence of habitat types and site conditions within the project area, six special-status animal species
were identified as having the potential to occur within the project area; however, no special-status species
were observed on-site during field surveys conducted in May 2019 and February 2020 (SWCA 2021e).
The six special-status animal species that have the potential to occur in the project site are discussed in
further detail below.
California Red-Legged Frog
The California red-legged frog (CRLF) is federally threatened and considered an SSC by CDFW. CRLF
typically occur in a variety of areas, including aquatic, riparian, and upland habitats. The Arroyo Grande
Creek bed and bank has the potential to provide suitable aquatic and upland habitat and for this species
(SWCA 2021e). Although no CRLF were observed within the project area, there is the potential for
CRLF to migrate into the project area during proposed construction activities. Therefore, there is potential
for work within and adjacent to Arroyo Grande Creek to adversely affect CRLF if present within the
project area. Mitigation Measure BIO-3 has been included to reduce potential impacts to CRLF.
South-Central California Coast DPS Steelhead
The project area is located within designated critical habitat for South-Central California Coast DPS
steelhead. South-Central California Coast DPS steelhead is federally listed as threatened and is considered
an SSC. Suitable habitat for steelhead on the Pacific Coast includes clear, cool water with abundant
instream cover (e.g., submerged branches, rocks, logs), well-vegetated stream margins, relatively stable
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water flow, and a 1:1 pool-to-riffle ratio (SWCA 2021e). Although there were no steelhead identified
within Arroyo Grande Creek during field surveys, based on the presence of designated critical habitat for
this species, there is potential for work within and adjacent to Arroyo Grande Creek to adversely affect
this species if present within the project area during proposed construction activities. Mitigation Measure
BIO-4 has been included to avoid or minimize potential impacts to steelhead.
Western Pond Turtle
Western pond turtle is considered an SSC by CDFW. This species typically occurs where water persists
year-round in ponds along foothill streams or in broad washes near the coast. The ponds favored by turtles
typically support emergent and floating vegetation such as cattails and algal mats. They also bask on half-
submerged logs, rocks, or flat shorelines close to the edge of water. Therefore, the Arroyo Grande Creek
bed and bank has the potential to provide suitable habitat for this species. In addition, western pond turtle
has been previously documented within Arroyo Grande Creek, approximately 0.5 mile north of the
project area; therefore, there is potential for this species to migrate into the project area during proposed
construction activities (SWCA 2021e). Work within and adjacent to Arroyo Grande Creek has the
potential to adversely affect this species if present during proposed construction activities. Mitigation
Measure BIO-5 has been included to avoid or minimize potential impacts to southwestern pond turtle.
Nesting Migratory Birds (Least Bell’s Vireo and Southwestern Willow Flycatcher)
Least Bell’s vireo is a federal and state endangered species. Federal critical habitat has been designated
for the species within the project region; however, the project area is not within the boundaries of the
designated critical habitat. Least Bell’s vireo requires riparian areas to breed and typically inhabits
structurally diverse woodlands along watercourses. This species typically occurs in riparian habitat types,
including cottonwood-willow woodlands/forests, oak woodlands, and mule fat scrub (SWCA 2021e).
Southwestern willow flycatcher is a federal and state endangered species. Southwestern willow flycatcher
requires dense riparian habitats, including cottonwood, willow, and/or tamarisk vegetation for nesting
(SWCA 2021e). Riparian trees and vegetation within the project area have the potential to provide
suitable habitat for these species and other nesting migratory bird species. Although no least Bell’s vireo
or southwestern willow flycatcher were observed within the project area, there is potential for these
species to migrate into and nest within the project area during proposed construction activities. Therefore,
proposed vegetation removal and construction noise could adversely affect nesting migratory birds,
including least Bell’s vireo and southwestern willow flycatcher, if present within the project area.
Mitigation Measure BIO-6 has been included to reduce potential impacts to nesting migratory birds.
Roosting Bats (Townsend’s Big-eared Bat)
Typically, roosting bat species, including Townsend’s big-eared bat, forage over a wide variety of habitat
types, including, but not limited to, grassland, wetland, shrub, and wooded habitats. Species may roost in
caves and rock crevices. Bridges, buildings, and tree cavities are also occasionally used for roosting. No
bats or evidence of bat activity (e.g., guano, urine staining, etc.) was observed during visual
reconnaissance surveys of the project area; however, the existing bridge and the riparian vegetation may
support suitable roosting habitat or structure for bat species (SWCA 2021e). Therefore, there is potential
for proposed bridge decommissioning, vegetation removal, and construction noise to adversely affect
roosting bats, including Townsend’s big-eared bat, if present within the project area. Mitigation Measure
BIO-7 has been included to reduce potential impacts to roosting bats if present within the project area.
Proposed construction activities have the potential to adversely affect special-status animal species if
present within the project area during implementation. Mitigation Measures BIO-3 through BIO-7 have
been included to reduce potential impacts to special-status animal species. Therefore, potential impacts
related to special-status animal species would be less than significant with mitigation.
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b) Would the project have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or regional plans, policies,
regulations or by the California Department of Fish and Game or US Fish and
Wildlife Service?
The project area supports arroyo willow thicket and other riparian vegetation, which is considered a
sensitive natural community by the CDFW, and streams and riparian communities are considered
sensitive by the City (see Figure 3). Approximately 0.82 acre of arroyo willow thicket would be
temporarily impacted by the project (SWCA 2021e). Additionally, other native riparian trees located
within the footprint of disturbance for the proposed bridge would be removed during project activities.
The project includes revegetation of impacted areas; however, approximately 0.26 acre of arroyo willow
thicket would be permanently removed. Mitigation Measure BIO-8 has been included to protect arroyo
willows outside of the proposed impact area and would require a compensatory mitigation program for
impacted arroyo willow and riparian habitat. In addition, the Arroyo Grande Creek stream channel is
considered a sensitive habitat because it is federally designated as steelhead critical habitat (SWCA
2021e). Mitigation Measure BIO-9 has been included to reduce impacts to Arroyo Grande Creek during
proposed construction activities. Therefore, impacts would be less than significant with mitigation.
c) Would the project have a substantial adverse effect on state or federally protected
wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or other means?
A total of 0.37 acre of federal and 1.89 acres of state jurisdictional features was identified within the
project area, which includes the riparian corridor of Arroyo Grande Creek (SWCA 2021e, 2021h). The
project includes replacing the existing Traffic Way bridge to reduce risk caused by scour. Construction of
the new foundation would require work within and adjacent to Arroyo Grande Creek, which flows under
the Traffic Way bridge. The project is estimated to result in 0.4 acre of permanent impacts and 1.26 acres
of temporary impacts to Arroyo Grande Creek, as shown in Table 7.
Table 7. Estimate of Impacts to Jurisdictional Areas
Jurisdiction
Impacts
Permanent Temporary
Federal – Clean Water Act (Sections 404/401 applicable)* 0.03 0.19
State – California Fish and Game Code
(Sections 1600–1602), Porter Cologne Act
0.37 0.89
Total 0.40 1.26
* Delineated by OHWM.
Source: SWCA 2021e.
In addition to direct impacts, proposed construction activities have the potential to result in increased
erosion and siltation that may result in runoff from the project site and indirectly impact wetland areas.
Mitigation Measure BIO-9 would avoid or minimize potential impacts related to work within and adjacent
to Arroyo Grande Creek. Therefore, implementation of Mitigation Measure BIO-9 would reduce potential
impacts related to work within Arroyo Grande Creek, and impacts would be less than significant with
mitigation.
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d) Would the project interfere substantially with the movement of any native resident
or migratory fish or wildlife species or with established native resident or
migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Based on a query of the California Essential Habitat Connectivity Project for Essential Habitat
Connectivity, the project area is not located within an Essential Connectivity Area (SWCA 2021e).
However, it is reasonable to assume that the portion of the Arroyo Grande Creek riparian corridor within
the project area may be used by wildlife as a movement corridor (SWCA 2021e). As previously discussed
in threshold IV(a), the project area is located within designated critical habitat for steelhead and there is
suitable habitat for this species within Arroyo Grande Creek. Although steelhead were not identified
within Arroyo Grande Creek during field surveys, based on the presence of designated critical habitat for
steelhead, there is potential for work within and adjacent to Arroyo Grande Creek to adversely affect
steelhead if present within the project area during proposed construction activities. Mitigation Measure
BIO-4 has been included to avoid or minimize potential impacts to steelhead. In addition, work within
and adjacent to Arroyo Grande Creek has the potential to result in indirect impacts, including increased
erosion, sedimentation, and pollution that may affect water quality and disturb migratory fish species.
Mitigation Measure BIO-9 has been included to reduce potential impacts to Arroyo Grande Creek during
proposed construction activities that could result in indirect impacts to migratory fish species.
There is potential for nesting migratory birds to migrate into and nest within riparian trees and other
vegetation within the project area during proposed construction activities. There is potential for proposed
vegetation removal and construction noise to adversely affect nesting migratory birds if present within the
project area. Mitigation Measure BIO-6 has been included to reduce potential impacts to nesting
migratory birds. Therefore, impacts would be less than significant with mitigation.
e) Would the project conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or ordinance?
City Municipal Code Section 12.16.070 requires projects that propose to remove street trees within the
public ROW fronting the property, landmark trees, and any oak trees with a trunk width over 12 inches in
diameter when measured 4.5 feet from the base to obtain a tree removal permit prior to removal of any
trees. The project proposes to remove arroyo willows and other riparian vegetation and would not remove
any trees covered by the City Municipal Code. The project includes revegetation of impacted areas;
however, approximately 0.26 acre of arroyo willow thicket would be permanently removed. Mitigation
Measure BIO-8 has been included to protect arroyo willows outside of the proposed impact area and
would require a compensatory mitigation program for impacted arroyo willow and riparian habitat.
Therefore, impacts would be less than significant with mitigation.
f) Would the project conflict with the provisions of an adopted Habitat Conservation
Plan, Natural Community Conservation Plan, or other approved local, regional, or
state habitat conservation plan?
A Habitat Conservation Plan (HCP) was prepared for Arroyo Grande Creek in 2004 to address protection
of habitat for steelhead and CRLF. The HCP extends approximately 10 miles, and its boundaries include
Arroyo Grande Creek downstream from Lopez Dam to the flood control channel at Fair Oaks Boulevard.
The project would require work within Arroyo Grande Creek and has the potential to adversely affect
CRLF and/or steelhead if present within the project area during proposed construction activities. As
previously discussed in threshold IV(a), Mitigation Measures BIO-3 and BIO-4 have been included to
reduce potential impacts to CRLF and/or steelhead if present within the project area during proposed
construction activities. Therefore, impacts would be less than significant with mitigation.
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Conclusion
Mitigation Measures BIO-1 through BIO-9 have been included to reduce potential impacts related to
biological resources. Therefore, with implementation of the identified mitigation, impacts would be less
than significant.
Mitigation Measures
MM BIO-1 Preconstruction Botanical Surveys. Prior to construction, a preconstruction survey shall
be conducted to ensure special-status plant species are not present within the project area.
If Gambel’s watercress or marsh sandwort are found within the project area, all work will
be stopped immediately, the U.S. Fish and Wildlife Service will be notified, and work
will not commence until consultation is completed. If other special-status plant species
are present, the location and number of individuals will be recorded and suitable
measures will be incorporated into the project plans, such as seed collection and
replanting of special-status species, to avoid and/or minimize potential impacts to these
species. Observations of these or other special-status species shall be documented on
California Natural Diversity Database forms and submitted to the California Department
of Fish and Wildlife upon project completion.
MM BIO-2 Invasive Species Control. The following measures shall be implemented to reduce
potential impacts related to the spread of invasive species:
During construction, the project contractor will make all reasonable efforts to
limit the use of imported soils for fill. Soils currently existing on-site should be
used for fill material. If the use of imported fill material is necessary, the
imported material must be obtained from a source that is known to be free of
invasive plant species, or the material must consist of purchased clean material
such as crushed aggregate, sorted rock, or similar. To avoid the spread of
invasive species, the contractor shall:
a. Stockpile topsoil and redeposit the stockpiled soil on-site at a sufficient
depth to preclude germination or spread of those species after
construction is complete; or,
b. Transport the topsoil to a permitted landfill for disposal.
Prior to construction, project plans will clearly identify the type of species,
location, and methodology of removal and disposal of invasive exotic species
found within the project site. Removal and disposal of invasive exotic plants and
wildlife must be in accordance with state law and/or project authorizations from
resource agencies (e.g., U.S. Fish and Wildlife Service Programmatic Biological
Opinion). In particular, for those invasive exotic plant species that are
particularly difficult to remove (e.g., jubata grass [Cortaderia jubata]), a
combination of cutting and application of herbicide would likely be required, and
thus require a request for an amendment to the standard conditions of the U.S.
Fish and Wildlife Service Programmatic Biological Opinion. In addition,
removal of crayfish or bullfrog (Lithobates catesbeiana) must be conducted
lawfully using methodologies outlined in the California Fish and Game Code.
During construction, the biological monitor(s) will ensure that the spread or
introduction of invasive exotic plant and wildlife species is avoided to the
maximum extent possible.
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All erosion control materials including straw bales, straw wattles, or mulch used
on-site must be free of invasive species seed.
MM BIO-3 California Red-Legged Frog. The following measures shall be implemented to reduce
potential impacts to California red-legged frog:
Only U.S. Fish and Wildlife Service-approved biologists will participate in
activities associated with the capture and handling of California red-legged frogs.
Biologists authorized under the Programmatic Biological Opinion do not need to
re-submit their qualifications for subsequent projects conducted pursuant to the
Programmatic Biological Opinion, unless the U.S. Fish and Wildlife Service has
revoked their approval at any time during the life of the Programmatic Biological
Opinion.
Ground disturbance will not begin until written approval is received from the
U.S. Fish and Wildlife Service that the biologist(s) is qualified to conduct the
work. The California Department of Transportation will request approval of the
biologist(s) from the U.S. Fish and Wildlife Service.
A U.S. Fish and Wildlife Service-approved biologist will survey the project area
no more than 48 hours before the onset of work activities. If any life stage of the
California red-legged frog is found and these individuals are likely to be killed or
injured by work activities, the approved biologist will be allowed sufficient time
to move them from the site before work activities begin. The U.S. Fish and
Wildlife Service-approved biologist will relocate the California red-legged frogs
the shortest distance possible to a location that contains suitable habitat and will
not be affected by the activities associated with the project. The relocation site
should be in the same drainage to the extent practicable. The California
Department of Transportation will coordinate with the U.S. Fish and Wildlife
Service on the relocation site prior to the capture of any California red-legged
frogs.
Before any activities begin on a project, a U.S. Fish and Wildlife Service-
approved biologist will conduct a training session for all construction personnel.
At a minimum, the training will include a description of the California red-legged
frog and its habitat, the specific measures that are being implemented to conserve
the California red-legged frog for the current project, and the boundaries within
which the project may be accomplished. Brochures, books, and briefings may be
used in the training session, provided that a qualified person is on hand to answer
any questions.
A U.S. Fish and Wildlife Service-approved biologist will be present at the work
site until California red-legged frogs have been relocated out of harm’s way,
workers have been instructed, and disturbance of the habitat has been completed.
After this time, the City of Arroyo Grande Public Works Department will
designate a person to monitor on-site compliance with minimization measures.
The U.S. Fish and Wildlife Service-approved biologist will ensure that this
monitor receives the training outlined in (4) above and in the identification of
California red-legged frogs. If the monitor or the U.S. Fish and Wildlife Service-
approved biologist recommends that work be stopped because California red-
legged frogs would be affected in a manner not anticipated by the California
Department of Transportation, City of Arroyo Grande Public Works Department,
and the U.S. Fish and Wildlife Service during the review of the proposed action,
they will notify the resident engineer (the engineer that is directly overseeing and
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in command of construction activities) immediately. The resident engineer will
either resolve the situation by eliminating the adverse effect immediately or
require that actions that are causing these effects be halted. If work is stopped,
the California Department of Transportation, City of Arroyo Grande Public
Works Department, and U.S. Fish and Wildlife Service will be notified as soon
as is reasonably possible.
During project activities, trash that may attract predators will be properly
contained, removed from the work site, and disposed of regularly. Following
construction, trash and construction debris will be removed from work areas.
All refueling, maintenance, and staging of equipment and vehicles will occur at
least 60 feet from riparian habitat or waterbodies and in a location from where a
spill would not drain directly toward aquatic habitat (e.g., on a slope that drains
away from the water). The monitor will ensure contamination of habitat does not
occur during such operations. Prior to the onset of work, the California
Department of Transportation and City of Arroyo Grande Public Works
Department will ensure that a plan is in place for prompt and effective response
to any accidental spills. All workers will be informed of the importance of
preventing spills and of the appropriate measures to take should a spill occur.
Habitat contours will be returned to their original configuration at the end of
project activities. This measure will be implemented in all areas disturbed by
activities associated with the project, unless the U.S. Fish and Wildlife Service,
California Department of Transportation, and City of Arroyo Grande Public
Works Department determine that it is not feasible or modification or original
contours would benefit the California red-legged frog.
The number of access routes, size of staging areas, and the total area of activity
will be limited to the minimum necessary to achieve the project. Environmentally
Sensitive Areas will be established to confine access routes and construction
areas to the minimum area necessary to complete construction and minimize the
impact to California red-legged frog habitat; this goal includes locating access
routes and construction areas outside of wetlands and riparian areas to the
maximum extent practicable.
The California Department of Transportation and City of Arroyo Grande Public
Works Department will attempt to schedule work for times of the year when
impacts to the California red-legged frog would be minimal. For example, work
that would affect large pools that may support breeding would be avoided, to the
maximum degree practicable, during the breeding season (November–May).
Isolated pools that are important to maintain California red-legged frogs through
the driest portions of the year would be avoided, to the maximum degree
practicable, during the late summer and early fall. Habitat assessments, surveys,
and technical assistance between the U.S. Fish and Wildlife Service and
California Department of Transportation during project planning will be used to
assist in scheduling work activities to avoid sensitive habitats during key times of
year.
To control sedimentation during and after project implementation, the California
Department of Transportation and City of Arroyo Grande Public Works
Department will implement Best Management Practices outlined in any
authorizations or permits issued under the authorities of the Clean Water Act that
it receives for the specific project. If Best Management Practices are ineffective,
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the California Department of Transportation will attempt to remedy the situation
immediately, in coordination with the U.S. Fish and Wildlife Service.
If a work site is to be temporarily dewatered by pumping, intakes will be
completely screened with wire mesh not larger than 0.2 inch to prevent
California red-legged frogs from entering the pump system. Water will be
released downstream at an appropriate rate to maintain downstream flows during
construction. Upon completion of construction activities, any diversions or
barriers to flow will be removed in a manner that would allow flow to resume
with the least disturbance to the substrate. Alteration of the streambed will be
minimized to the maximum extent possible; any imported material will be
removed from the streambed upon completion of the project.
Unless approved by the U.S. Fish and Wildlife Service, water will not be
impounded in a manner that may attract California red-legged frogs.
A U.S. Fish and Wildlife Service-approved biologist will permanently remove
any individuals of exotic species, such as bullfrogs, crayfish, and centrarchid
fishes from the project area, to the maximum extent. The U.S. Fish and Wildlife
Service-approved biologist will be responsible for ensuring their activities are in
compliance with the California Fish and Game Code.
If the California Department of Transportation and the City of Arroyo Grande
Public Works Department demonstrate that disturbed areas have been restored to
conditions that allow them to function as habitat for the California red-legged
frog, these areas will not be included in the amount of total habitat permanently
disturbed.
To ensure that diseases are not conveyed between work sites by the U.S. Fish and
Wildlife Service-approved biologist, the fieldwork code of practice developed by
the Declining Amphibian Task Force will be followed at all times.
Project sites will be re-vegetated with an assemblage of native riparian, wetland,
and upland vegetation suitable for the area. Locally collected plant materials will
be used to the extent practicable. Invasive, exotic plants will be controlled to the
maximum extent practicable. This measure will be implemented in all areas
disturbed by activities with the project, unless the U.S. Fish and Wildlife Service,
California Department of Transportation, and City of Arroyo Grande Public
Works Department have determined that it is not feasible or practical.
The California Department of Transportation and City of Arroyo Grande Public
Works Department will not use herbicides as the primary method to control
invasive, exotic plants. However, if the California Department of Transportation
and City of Arroyo Grande Public Works Department determine the use of
herbicides is the only feasible method for controlling invasive plants at a specific
project site, it will implement the following additional measures to protect
California red-legged frog:
a. The California Department of Transportation and City of Arroyo Grande
Public Works Department will not use herbicides during the breeding
season for California red-legged frog.
b. The California Department of Transportation and City of Arroyo Grande
Public Works Department will conduct surveys for California red-legged
frog immediately prior to the start of herbicide use. If found, California
red-legged frog will be relocated to suitable habitat far enough from the
project area that no direct contact with herbicide would occur.
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c. Giant reed and other invasive plants will be cut and hauled out by hand
and painted with glyphosate-based products, such as Aquamaster® or
Rodeo®.
d. Licensed and experienced California Department of Transportation staff
or a licensed and experienced contractor will use a hand-held sprayer for
foliar application of Aquamaster® or Rodeo® where large monoculture
stands occur at an individual project site.
e. All precautions will be taken to ensure that no herbicide is applied to
native vegetation.
f. Foliar applications of herbicide will not occur when wind speeds are in
excess of 3 miles per hour.
g. No herbicides will be applied within 24 hours of forecasted rain.
h. Application of herbicides will be done by qualified California
Department of Transportation staff, City of Arroyo Grande staff, or
contractors to ensure that overspray is minimized, application is made in
accordance with the label recommendations, and required and reasonable
safety measures are implemented. A safe dye will be added to the
mixture to visually denote treated sites. Application of herbicides will be
consistent with the U.S. Environmental Protection Agency’s Office of
Pesticide Programs Endangered Species Protection Program county
bulletins.
i. All herbicides, fuels, lubricants, and equipment will be stored, poured, or
refilled at least 60 feet from riparian habitat or water bodies in a location
where a spill would not drain directly toward aquatic habitat. The
California Department of Transportation and City of Arroyo Grande
Public Works Department will ensure that a plan is in place for a prompt
and effective response to accidental spills. All workers will be informed
of the importance of preventing spills and of the appropriate measures to
take should a spill occur.
MM BIO-4 South-Central California Coast Steelhead. The following measures shall be
implemented to reduce potential impacts to South-Central California Coast steelhead:
Avoid or reduce the area of permanent structures, such as rock slope protection,
within the ordinary high-water mark on-site. Selection of the single-span bridge
design reduces the need for additional support structures located within the
ordinary high-water mark (structures will still be present on the stream banks).
Removal of the existing piles within the ordinary high-water mark would result
in improvements to steelhead habitat in the vicinity of the bridge.
Prior to initiation of stream diversion/dewatering, a qualified biologist shall
conduct a worker environmental training program, including a description of
steelhead, steelhead critical habitat, its legal/protected status, proximity to the
project site, avoidance/minimization measures to be implemented during the
project, and the implications of violating Federal Endangered Species Act and
permit conditions.
In-stream work will take place between June 1 and October 15 in any given year,
when the surface water within Arroyo Grande Creek is likely to be at seasonal
minimum. Deviations from this work window will only be made with permission
from the relevant regulatory agencies. During in-stream work, a qualified
biologist who is approved by the National Oceanic and Atmospheric
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Administration National Marine Fisheries Service and has experience in
steelhead biology and ecology, aquatic habitats, biological monitoring (including
diversion/dewatering), and capturing, handling, and relocating fish species will
be retained. During in-stream work, the biological monitor(s) will continuously
monitor placement and removal of any required stream diversions and will
capture stranded steelhead and other native fish species and relocate them to
suitable habitat, as appropriate. The approved biologist(s) will capture steelhead
stranded as a result of diversion/dewatering and relocate steelhead to the nearest
suitable in-stream habitat. The approved biologist(s) will note the number of
steelhead observed in the affected area, the number of steelhead relocated, and
the date and time of the collection and relocation.
During in-stream work, if pumps are incorporated to assist in temporarily
dewatering the site, intakes will be completely screened with no larger than
0.2-inch (5-millimeter) wire mesh to prevent steelhead and other sensitive
aquatic species from entering the pump system. Pumps will release the diverted
water so that suspended sediment will not re-enter the stream. The form and
function of pumps used during the dewatering activities will be checked daily, at
a minimum, by a qualified biological monitor to ensure a dry work environment
and minimize adverse effects to aquatic species and habitats.
MM BIO-5 Western Pond Turtle. Prior to construction, a biologist determined qualified by the
California Department of Transportation shall survey the Biological Study Area and
capture and relocate any western pond turtles, if present, to suitable habitat upstream of
the Biological Study Area. Observations of these or other special-status species shall be
documented on California Natural Diversity Database forms and submitted to the
California Department of Fish and Wildlife upon project completion. If western pond
turtle or other special concern aquatic species are observed during construction, they will
likewise be relocated to suitable upstream habitat by the qualified biologist.
MM BIO-6 Nesting Migratory Birds. The following measures shall be included at appropriate times
to reduce potential impacts to nesting migratory birds:
Prior to construction, when feasible, tree removal will be scheduled to occur from
September 16 through February 14, outside of the typical nesting bird season, to
avoid potential impacts to nesting birds.
If construction activities are proposed during the typical nesting season (February
15 to September 15), a nesting bird survey will be conducted by qualified
biologists no more than two weeks prior to the start of construction to determine
presence/absence of nesting birds within the project area and immediate vicinity.
The California Department of Transportation will be notified if federally listed
nesting bird species are observed during the surveys and will facilitate
coordination with the U.S. Fish and Wildlife Service, if necessary, to determine
an appropriate avoidance strategy. Likewise, coordination with California
Department of Fish and Wildlife will be facilitated by the City of Arroyo Grande
Public Works Department if necessary to devise a suitable avoidance plan for
state-listed nesting bird species. If raptor nests are observed within the project
area during the preconstruction nesting bird surveys, the nest(s) shall be
designated an Environmental Sensitive Area and protected by a minimum
500-foot avoidance buffer until the breeding season ends or until a qualified
biologist determines that all young have fledged and are no longer reliant upon
the nest or parental care for survival. Similarly, if active passerine nests are
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observed within the project area during the preconstruction nesting bird surveys,
the nest(s) shall be designated an Environmentally Sensitive Area and protected
by a minimum 250-foot avoidance buffer until the breeding season ends or until a
qualified biologist determines that all young have fledged and are no longer
reliant upon the nest or parental care for survival. Resource agencies may
consider proposed variances from these buffers if there is a compelling biological
or ecological reason to do so, such as protection of a nest via concealment due to
site topography.
MM BIO-7 Roosting Bats. The following measures shall be included at appropriate times to reduce
potential impacts to roosting bats:
Prior to construction, a visual survey will be conducted by a qualified biologist,
at dawn and at dusk, to identify potential roosting bat activity. This survey shall
be conducted between 2 and 4 weeks prior to bridge and/or tree removal
activities. If roosting bat activity is identified during the preconstruction survey
process, the City of Arroyo Grande will coordinate with the California
Department of Fish and Wildlife regarding the biological significance of the bat
population and appropriate measures that could be used to exclude bats from
roosting under the bridge. Measures may include, but are not limited to, the
installation of exclusionary devices by a qualified individual.
If it is determined that a substantial impact to individual bat species or a
maternity roost will occur, then the City of Arroyo Grande will compensate for
the impact through the development and implementation of a mitigation plan in
coordination with California Department of Fish and Wildlife.
MM BIO-8 Arroyo Willow. The following measures shall be included at appropriate times to reduce
potential impacts to Arroyo Grande Creek:
Prior to initiation of any construction activities, including vegetation clearing or
grubbing, sturdy high-visibility fencing will be installed to protect the arroyo
willow thickets adjacent to the designated work areas. This fencing will be
placed so that unnecessary adverse impacts to the adjacent habitats are avoided.
No construction work (including storage of materials) will occur outside of the
specified project limits. The fencing will remain in place during the entire
construction period, be monitored periodically by a qualified biologist, and be
maintained as needed by the contractor.
Prior to construction, the City of Arroyo Grande Public Works Department will
prepare a comprehensive Habitat Mitigation and Monitoring Plan that provides
for a 1:1 restoration ratio for temporary impacts and a 3:1 enhancement ratio for
permanent impacts, unless otherwise directed by regulatory agencies. To the
extent feasible, mitigation activities will be implemented within the project area
and/or the Arroyo Grande Creek riparian corridor and areas in and adjacent to the
project area that support invasive plant species, contain agricultural trash, and
have erosion. These areas provide the most optimal mitigation opportunities on-
site. Areas within the disturbance area where landscape trees and shrubs would
be removed may also provide opportunities for planting native trees and riparian
species. Any revegetation will be conducted using only native plant species. The
final Habitat Mitigation and Monitoring Plan will identify the specific mitigation
sites and it will be implemented immediately following project completion.
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MM BIO-9 Arroyo Grande Creek. The following measures shall be included at appropriate times to
reduce potential impacts to Arroyo Grande Creek:
Prior to construction, the City of Arroyo Grande Public Works Department will
obtain a Section 404 Permit from the United States Army Corps of Engineers, a
Section 401 Water Quality Certification from the Regional Water Quality
Control Board, and a Section 1602 Streambed Alteration Agreement from the
California Department of Fish and Wildlife for project-related impacts that will
occur in areas under state and federal jurisdiction.
Prior to construction, the City of Arroyo Grande Public Works Department will
retain a qualified biological monitor(s) to monitor construction and ensure
compliance with the avoidance and minimization efforts outlined within all the
project environmental documents. At a minimum, monitoring will occur during
initial ground disturbance activities and vegetation removal within the Arroyo
Grande Creek corridor. Monitoring may be reduced to part time once initial
disturbance and vegetation removal activities are complete. The duration of
monitoring should be at least once per week throughout the remaining
construction phases, unless specified otherwise by permitting agencies.
Prior to construction, all personnel will participate in an environmental
awareness training program conducted by a qualified biologist. The program
shall include a description of the sensitive aquatic resources and federally
designated critical habitat within the project area and the boundaries within
which the project may be accomplished. If appropriate, the biologist may train
and designate a representative of the City of Atascadero or other designee to
provide training to subcontractors or personnel who will be on-site for short
durations during the project.
Construction activities within jurisdictional areas will be conducted during the
dry season when stream flows will be at annual lows (June 1–October 15) in any
given year, or as otherwise directed by the regulatory agencies. Deviations from
this work window can be made with permission from the relevant regulatory
agencies.
Prior to initiation of any construction activities, including vegetation clearing or
grubbing, sturdy high-visibility fencing will be installed to protect the
jurisdictional areas adjacent to the designated work areas. This fencing will be
placed so that unnecessary adverse impacts to the adjacent habitats are avoided.
No construction work (including storage of materials) will occur outside of the
specified project limits. The fencing will remain in place during the entire
construction period, be monitored periodically by a qualified biologist, and be
maintained as needed by the contractor.
Prior to construction, the contractor will prepare a Hazardous Materials Response
Plan to allow for a prompt and effective response to any accidental spills.
Workers will be informed of the importance of preventing spills and of the
appropriate measures to take should a spill occur.
Prior to construction, a Storm Water Pollution Prevention Plan will be prepared
for the project. Provisions of this plan will be implemented during and after
construction as necessary to avoid and minimize erosion and stormwater
pollution in and near the work area.
During construction, erosion control measures (e.g., silt fencing, fiber rolls, and
barriers) will remain available on-site and will be utilized as necessary to prevent
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erosion and sedimentation in jurisdictional areas. No synthetic plastic mesh
products will be used for erosion control and use of these materials on-site is
prohibited. Erosion control measures and other suitable Best Management
Practices used will be checked to ensure that they are intact and functioning
effectively and maintained daily throughout the duration of construction. The
contractor will also apply adequate dust control techniques, such as site watering,
during construction to protect water quality.
During construction, water quality monitoring of turbidity will be required while
water is flowing.
During construction, the cleaning and refueling of equipment and vehicles will
occur only within a designated staging area and at least 60 feet (20 meters) from
the creek banks. At a minimum, equipment and vehicles will be checked and
maintained daily to ensure proper operation and avoid potential leaks or spills.
During construction, trash will be contained, removed from the work site, and
disposed of regularly. Following construction, trash and construction debris will
be removed from the work areas. Vegetation removed from the construction site
will be taken to a certified landfill to prevent the spread of invasive species. If
soil from weedy areas (such as areas with poison hemlock or other invasive
exotic plant species) must be removed off-site, the top 6 inches (152 millimeters)
containing the seed layer in areas with weedy species will be disposed of at a
permitted landfill.
During construction, no pets will be allowed on the construction site.
V. Cultural Resources
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Cause a substantial adverse change in the
significance of a historical resource pursuant to §
15064.5?
☐ ☐ ☒ ☐
(b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant to
§ 15064.5?
☐ ☒ ☐ ☐
(c) Disturb any human remains, including those interred
outside of dedicated cemeteries? ☐ ☐ ☒ ☐
Setting
The project is located within lands traditionally occupied by the Obispeño Chumash. The term Chumash
initially applied only to the people living on Santa Cruz Island (SWCA 2021a). Chumash now refers to
the entire linguistic and ethnic group of societies that occupied the coast between San Luis Obispo and
northwestern Los Angeles County, including the Santa Barbara Channel Islands, and inland to the
southern edge of the San Joaquin Valley. Neighboring groups included the Salinan, Southern Valley
Yokuts, and Tataviam to the north and the Gabrielino (Tongva) to the east. Chumash place names in the
project vicinity include Pismu (Pismo Beach), Tematatimi (along Los Berros Creek), and Tilhini (near
San Luis Obispo) (SWCA 2021a).
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Most Chumash managed to maintain a presence in the area into the early twentieth century as cowboys,
farmhands, and town laborers. The Catholic Church provided some land near Mission Santa Inés for ex-
neophytes. This land eventually was deeded to the U.S. government in 1901 as the 127-acre Santa Ynez
Reservation. Since the 1970s, Chumash descendants living in the city of Santa Barbara and the rural areas
of San Luis Obispo, Santa Barbara, and Ventura Counties have formed social and political organizations
to aid in cultural revitalization, to protect sacred areas and archaeological sites, and to petition for federal
recognition. Today, the Santa Ynez Band of Chumash Indians is the only federally recognized Chumash
tribe (SWCA 2021a).
San Luis Obispo County possesses a rich and diverse cultural heritage and has an abundance of historic
and prehistoric cultural resources dating as far back as 9,000 B.C. The City protects and manages cultural
resources in accordance with the provisions detailed by CEQA and local ordinances. PRC Section 5024.1
requires that any properties that can be expected to be directly or indirectly affected by a proposed project
be evaluated for California Register of Historical Resources (CRHR) eligibility. The purpose of the
CRHR is to maintain listings of the state’s historical resources and to indicate what properties are to be
protected, to the extent prudent and feasible, from material impairment and substantial adverse change.
As defined by CEQA, a historical resource includes:
1. A resource listed in or determined to be eligible for listing in the CRHR.
2. Any object, building, structure, site, area, place, record, or manuscript which a lead agency
determines to be historically significant or significant. The architectural, engineering, scientific,
economic, agricultural, educational, social, political, military, or cultural records of California
may be considered to be a historical resource, provided the lead agency’s determination is
supported by substantial evidence.
Resources are evaluated for eligibility for the CRHR under the following four criteria:
• Criterion 1. The resource is associated with events that have made a significant contribution to
the broad patterns of California’s history and cultural heritage;
• Criterion 2. The resource is associated with the lives of persons important in our past;
• Criterion 3. The resource embodies the distinctive characteristics of a type, period, region, or
method of construction, or represents the work of an important creative individual, or possesses
high artistic values; and
• Criterion 4. The resource has yielded, or may be likely to yield, information important in
prehistory or history.
The following evaluation is based on Archaeological Survey Report for the Traffic Way over Arroyo
Grande Creek Bridge Replacement Project, Arroyo Grande, San Luis Obispo County, California (ASR;
SWCA 2021a) and Historical Resources Evaluation Report for the Traffic Way over Arroyo Grande
Creek Bridge Replacement Project, Federal Project No. BRLS-5199(030), Arroyo Grande, San Luis
Obispo County, California (HRER; SWCA 2021b).
The ASR includes a records and literature search and a field survey of the project area. Based on the
records and literature search, 29 previous cultural resource studies had been conducted within the project
site and within a 0.25-mile radius of the project site. Of the 29 previous cultural resource studies in the
area, five overlap with the project area and are identified in Table 8.
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Table 8. Previously Conducted Cultural Resource Studies within the Project Area
CCIC Report
Number Title of Study Proximity to
Project Area
SL-03479 Cultural Resources Inventory of the Village Center, Wesley and Branch Streets APN: 07-
191-01, 37, 38 Arroyo Grande, CA
Within
SL-03747 Cultural Resources Survey and Impact Assessment for a Property at 136 Bridge Street in
the city of Arroyo Grande, San Luis Obispo County, California
Within
SL-06194 Historic Resources Evaluation Report: State Route 227 Relinquishment Arroyo Grande,
San Luis Obispo, California
Within
SL-06195 Archaeological Survey Report: Highway 227 Relinquishment to the city of Arroyo Grande,
San Luis Obispo County, California
Within
SL-06356 Historical Resources Compliance Report, State Route 227 Relinquishment, Arroyo Grande Within
Source: SWCA 2021a.
Based on the records and literature search, none of the 29 cultural resource studies, including the five
studies within the project area, resulted in the identification of archaeological resources (SWCA 2021 a).
In addition, the field survey conducted for the project did not identify any unknown cultural resource sites
(SWCA 2021a).
Research for the HRER includes a query of online archival resources, including recorded maps from the
County of San Luis Obispo (County) Surveyor, biographical information and local news articles available
through Ancestry.com, Newspapers.com, GenealogyBank.com, and the California Digital Newspaper
Collection. In addition, the local Caltrans District 5 office provided information from the Bridge
Inspection Records Information System (BIRIS) and as-builts from 1931 of both the Traffic Way bridge
and the new alignment of Traffic Way through the western edge of Arroyo Grande. In January 2021,
SWCA emailed letters to two local historical societies, requesting information about additional resources
(SWCA 2021b). In addition, a site visit to the project area was conducted in November 2020 to take
photographs and notes of the built environment resources within and adjacent to the project area (SWCA
2021b). Based on research and field methods, the HRER concludes that Traffic Way bridge is not eligible
for listing in the CRHR (SWCA 2021b).
Environmental Evaluation
a) Would the project cause a substantial adverse change in the significance of a
historical resource pursuant to § 15064.5?
Based on the HRER prepared for the project, the Traffic Way bridge is not eligible for listing in the
CRHR (SWCA 2021b). Therefore, decommissioning the existing bridge and constructing the replacement
bridge within the same alignment would not result in adverse effects to a historical resource. In addition,
the project does not include demolition or removal of any buildings or other structures surrounding the
Traffic Way bridge. As discussed in Section XIII, Noise, vibration from construction activities would not
result in damage to historic buildings within the Village Core. Therefore, the project would not result in
substantial adverse change in a historical resource, and impacts would be less than significant.
b) Would the project cause a substantial adverse change in the significance of an
archaeological resource pursuant to § 15064.5?
The project site is located within and adjacent to Arroyo Grande Creek. Based on the ASR prepared for
the project, there are no previously recorded archaeological resource sites within the project area (SWCA
2021a). Based on the negative field survey, there is low potential for known or unknown cultural
resources to occur within the project area. Therefore, proposed ground disturbance activities are not
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anticipated to adversely affect any known or unknown cultural resource sites within the project area.
Mitigation Measure CR-1 has been included in the unlikely event that previously unidentified cultural
resources are uncovered during proposed ground-disturbing activities. Therefore, the project would not
result in adverse impacts to known or unknown cultural resources and impacts would be less than
significant with mitigation.
c) Would the project disturb any human remains, including those interred outside of
dedicated cemeteries?
There are no known human remains or cemeteries located within or in the immediate vicinity of the
project site and the potential for inadvertent discovery of human remains during construction is
considered to be low. The project would be required to comply with the State of California Health and
Safety Code Section 7050.5, which outlines the protocol for unanticipated discovery of human remains.
This code section states that no further disturbance shall occur until the County Coroner has made a
determination of origin and disposition pursuant to PRC Section 5097.98. The County Coroner must be
notified of the find immediately. If the human remains are determined to be prehistoric, the coroner will
notify the Native American Heritage Commission (NAHC), which will determine and notify a Most
Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of
notification and may recommend scientific removal and nondestructive analysis of human remains and
items associated with Native American burials. Therefore, impacts would be less than significant.
Conclusion
The project would not result in substantial adverse change to historical resources and is not anticipated to
disturb any human remains. The project would be required to comply with Health and Safety Code
Section 7050.5, which outlines the protocol for unanticipated discovery of human remains. Mitigation
Measure CR-1 has been included to avoid potential impacts associated with the inadvertent discovery of
unknown cultural resources during construction activities. Therefore, with implementation of the
identified mitigation measure, impacts would be less than significant.
Mitigation Measures
MM CR-1 In the event that cultural resources are encountered during project activities, all ground-
disturbing activities within a 25-foot radius of the find shall cease and the City of Arroyo
Grande shall be notified immediately. Work shall not continue until a qualified
archaeologist assesses the find and determines the need for further study. If the find
includes Native American-affiliated materials, a local Native American tribal
representative will be contacted to work in conjunction with the approved archaeologist
to determine the need for further study. A standard inadvertent discovery clause shall be
included in every grading and construction contract to inform contractors of this
requirement.
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VI. Energy
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Result in a potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
☐ ☒ ☐ ☐
(b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency? ☐ ☐ ☒ ☐
Setting
PG&E has historically been the primary electricity provider for the City. On August 13, 2019, the City
Council adopted a resolution joining Monterey Bay Community Power (MBCP) under a joint powers
agreement (JPA) implementing the community choice aggregation program authorized by Ordinance No.
700. Through that resolution, the City Council committed to joining Central Coast Community Energy
(3CE; formerly MBCP) and, beginning in January 2020, 3CE became the City’s primary electricity
provider. 3CE is striving to provide 100% carbon-free energy mix to the City by 2030.
The City’s ACOSE establishes objectives and policies to achieve energy conservation. These goals
include development standards and design guidelines that consider refinement to minimize unnecessary
energy use. The City of Arroyo Grande Climate Action Plan (City of Arroyo Grande 2013) identifies
transportation as the largest contributor of greenhouse gas (GHG) emissions at 44%. The City’s Climate
Action Plan includes climate action measures intended to conserve energy, reduce VMT, divert solid
waste from landfills, reduce water consumption, and plant trees to reduce GHG emissions.
Environmental Evaluation
a) Would the project result in a potentially significant environmental impact due to
wasteful, inefficient, or unnecessary consumption of energy resources, during
project construction or operation?
During construction, fossil fuels, electricity, and natural gas would be used by construction vehicles and
equipment. The energy consumed during construction would be temporary in nature and would be typical
of other similar construction activities in the county. Federal and state regulations in place require the use
of fuel-efficient equipment and vehicles and require wasteful activities, such as diesel idling, to be
limited. Construction contractors, in an effort to ensure cost efficiency, would not be expected to engage
in wasteful or unnecessary energy and fuel practices. In addition, Mitigation Measure AQ-1 includes
limitations on diesel idling during the construction phase of the project. Energy consumption during
construction would not conflict with a state or local plan for renewable energy and would not be wasteful,
unnecessary, or inefficient, and, therefore, would be less than significant with mitigation.
Following construction, the project would operate as a bridge and would not require significant use of
energy resources, such as electricity and natural gas. There are 12 existing light posts that provide
nighttime illumination of the bridge. The new bridge would include nighttime lighting at a similar scale
and intensity as existing lighting conditions and would not lead to a significant change in operational
energy use compared to existing conditions. Infrequent maintenance trips may be needed for the bridge;
however, operation of the bridge would not facilitate new vehicle tips that may result in an overall
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increase in ADT to and from the site. Therefore, the project would not cause a substantial increase in
operational energy use and operational impacts would be less than significant.
b) Would the project conflict with or obstruct a state or local plan for renewable
energy or energy efficiency?
As previously described, operation of the project would result in operation of a bridge and would not
require significant use of energy resources, such as electricity and natural gas. There are 12 existing light
posts that provide nighttime illumination of the bridge. The new bridge would include nighttime lighting
at a similar scale and intensity as existing lighting conditions and would not result in higher operational
energy use. Operation of the project may also include infrequent maintenance and repair trips on an as-
needed basis; however, the overall increase in vehicle trips to and from the project site as a result of the
project would be negligible. Operational energy use would be limited in nature and would not result in a
substantial increase in energy use compared to existing conditions, which is consistent with applicable
energy efficiency plans, including the County of San Luis Obispo EnergyWise Plan (County of San Luis
Obispo 2011). Therefore, impacts would be less than significant.
Conclusion
The proposed project would be required to comply with state and local energy efficiency standards during
construction. Additionally, operation of the project would require a negligible amount of energy and
would be consistent with the goals and policies set forth in the SLOAPCD’s Clean Air Plan related to
renewable energy or energy efficiency. Therefore, impacts would be less than significant.
Mitigation Measures
Implement Mitigation Measure AQ-1.
VII. Geology and Soils
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
(i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
☐ ☐ ☒ ☐
(ii) Strong seismic ground shaking? ☐ ☐ ☒ ☐
(iii) Seismic-related ground failure, including
liquefaction? ☐ ☐ ☒ ☐
(iv) Landslides? ☐ ☐ ☒ ☐
(b) Result in substantial soil erosion or the loss of
topsoil? ☐ ☒ ☐ ☐
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Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
(c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
☐ ☐ ☒ ☐
(d) Be located on expansive soil, as defined in Table 18-
1-B of the Uniform Building Code (1994), creating
substantial direct or indirect risks to life or property?
☐ ☐ ☒ ☐
(e) Have soils incapable of adequately supporting the use
of septic tanks or alternative waste water disposal
systems where sewers are not available for the
disposal of waste water?
☐ ☐ ☐ ☒
(f) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? ☐ ☒ ☐ ☐
Setting
The city of Arroyo Grande is located within the Coast Ranges geomorphic province, which is
characterized by its many elongated mountain ranges and valleys extending 600 miles along the coast of
California from the Oregon border south to the Santa Ynez River in Santa Barbara County. The city is
situated along the interface of the coastal range and the gently sloping coastal terrace, which extends to
the shoreline. The city encompasses an urban landscape in the southern portion of San Luis Obispo
County at an elevation of approximately 50 to 400 feet above msl.
The Alquist-Priolo Earthquake Fault Zoning Act (Alquist-Priolo Act) is a California state law that was
developed to regulate development near active faults and mitigate the surface fault rupture potential and
other hazards. The Alquist-Priolo Act identifies active earthquake fault zones and restricts the
construction of habitable structures over known active or potentially active faults. The County of San Luis
Obispo General Plan Safety Element identifies three active faults that traverse through the county and are
currently zoned under the Alquist-Priolo Act: the San Andreas, the Hosgri-San Simeon, and the Los Osos
(County of San Luis Obispo 1999). The city of Arroyo Grande is not underlain by the San Andreas, the
Hosgri-San Simeon, or the Los Osos Faults.
There are a number of active or potentially active fault systems throughout San Luis Obispo County and,
given the past history of earthquakes in the area, experts agree that the probability of a damaging
earthquake occurring is high. Mapped faults within the city of Arroyo Grande include the potentially
active Wilmar Avenue Fault and the inactive Pismo Fault. The Wilmar Avenue Fault is exposed in the sea
cliff near Pismo Beach and the buried trace of the fault is inferred to strike northwest –southeast parallel
and adjacent to US 101 beneath portions of Arroyo Grande. The potentially active fault presents a
moderate potential fault rupture hazard to the City. The inactive Pismo Fault presents a very low potential
fault rupture hazard. Further studies to evaluate the activity of the faults are warranted, prior to placing
structures near the mapped fault traces (Mathe 2015). Based on the DOC Fault Activity Map of
California, the project area is underlain by the Wilmar Avenue fault line (CDOC 2015).
The estimated peak ground acceleration (g) for the bridge site is approximately 0.8g. The site response for
periods less than about 0.35 second is controlled by a magnitude (M) 7.0 earthquake on the Los Osos
Fault, mapped approximately 3 miles east of the site. The site response for periods greater than about 0.35
seconds is controlled by a M7.2 earthquake on the Wilmar Avenue Fault. A near-fault factor was applied
to the acceleration response spectral (ARS) curve (a formula to determine seismic loadings) because the
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site is located less than 15 miles from a potentially controlling fault. The estimated average shear wave
velocity for the site is approximately 450 meters per second, characteristic of a Type C very dense soil or
soft rock site.
Liquefaction potential increases with earthquake magnitude and ground shaking duration. Low-lying
areas adjacent to creeks, rivers, beaches, and estuaries underlain by unconsolidated alluvial soil are most
likely to be vulnerable to liquefaction. The portions of the city with high liquefaction potential are those
areas underlain by younger alluvium (Qa), which includes most of the low-lying downtown areas south of
Branch Street and along Grand Avenue (City of Arroyo Grande 2001a).
Landslides and slope instability can occur as a result of wet weather, weak soils, improper grading,
improper drainage, steep slopes, adverse geologic structure, earthquakes, or a combination of these
factors. Despite current codes and policies that discourage development in areas of known landslide
activity or high risk of landslide, there is a considerable amount of development that is impacted by
landslide activity in the county each year. A majority of the existing development in Arroyo Grande is
located on gently inclined alluvial valley sediments, which has low to very low potential for slope
stability hazards. However, the residences located on the hilly terrain north of Branch Street have greater
potential for landslide activity (City of Arroyo Grande 2001a).
Shrink/swell potential is the extent to which the soil shrinks as it dries out or swells when it gets wet.
Extent of shrinking and swelling is influenced by the amount and kind of clay in the soil. Shrinking and
swelling of soils can cause damage to building foundations, roads and other structures. A high
shrink/swell potential indicates a hazard to maintenance of structures built in, on, or with material having
this rating. Moderate and low ratings lessen the hazard accordingly.
The City of Arroyo Grande General Plan Safety Element includes objectives for reducing the potential for
loss of life and property resulting from geologic and seismic hazards (City of Arroyo Grande 2001a).
Paleontological resources are fossilized remains of ancient environments, including fossilized bone, shell,
and plant parts; impressions of plant, insect, or animal parts preserved in stone; and preserved tracks of
insects and animals. Paleontological resources are considered nonrenewable resources under federal and
state law. Paleontological sensitivity is defined as the potential for a geologic unit to produce
scientifically significant fossils, as determined by rock type, past history of the rock unit in producing
fossil materials, and fossil sites that have been recorded in the unit. Paleontological resources are
generally found below ground surface in sedimentary rock units. The boundaries of the sedimentary rock
unit are used to define the limits of paleontological sensitivity in a given region. According to the U.S.
Geological Survey (USGS), Arroyo Grande is underlain by the Pismo Formation, which is primarily
comprised of massive gray or white arkosic sandstone that is fine- to medium-grained, moderately well
sorted, soft to hard, and friable. Based on marine megafossils from the area, the formation is from the late
Pliocene era (USGS 2021a).
The City’s ACOSE does not identify goals or policies related to the preservation of paleontological
resources; however, the County of San Luis Obispo General Plan Conservation and Open Space Element
(COSE) identifies a policy for the protection of paleontological resources from the effects of development
by avoiding disturbance where feasible. Where substantial subsurface disturbance is proposed in
paleontologically sensitive units, Implementation Strategy CR 4.5.1 (Paleontological Studies) requires a
paleontological resource assessment and mitigation plan be prepared to identify the extent and potential
significance of resources that may exist within the proposed development and provide mitigation
measures to reduce potential impacts to paleontological resources.
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Environmental Evaluation
a) Would the project directly or indirectly cause potential substantial adverse effects,
including the risk of loss, injury, or death involving:
a-i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault? Refer to Division of Mines
and Geology Special Publication 42.
a-ii) Strong seismic ground shaking?
a-iii) Seismic-related ground failure, including liquefaction?
a-iv) Landslides?
The project is located in a seismically active region and there is always potential for seismic ground
shaking to occur. The city of Arroyo Grande is not underlain by any Alquist-Priolo Faults that occur
within the project region, including the San Andreas, the Hosgri-San Simeon, or the Los Osos Faults
(Mathe 2015). However, the project is underlain by the Wilmar Avenue Fault, which increases the
likelihood for the project to experience seismic ground shaking at some point during its lifetime (CDOC
2015). In addition, the project site is at moderate risk for liquefaction and at low risk for landslide
(County of San Luis Obispo 2021). Topography at the project site is relatively flat, which further reduces
the potential for landslides to occur.
The proposed bridge would be required to be designed in a manner that would avoid or minimize risk of
loss, injury, or death as a result of seismic activity and related ground-failure. The project would be
required to meet or exceed the most current AASHTO bridge requirements, which have been developed
to establish design requirements to safeguard public health, safety, and general welfare through structural
strength, stability, and other standards. The project would also be required to meet or exceed seismic
design standards identified in Caltrans Seismic Design Criteria (SDC), Version 2.0 (Caltrans 2019).
Roadway, pedestrian, and bicycle path elements would be required to comply with AASHTO’s A Policy
on Geometric Design of Highways and Streets (“The Green Book;” AASHTO 2018) and relevant City
standards. Through compliance with applicable structural and other design standards, the proposed bridge
would be designed to withstand risk associated with potential seismic events. Therefore, impacts would
be less than significant.
b) Result in substantial soil erosion or the loss of topsoil?
The project includes replacing the existing Traffic Way bridge to reduce risk caused by scour. Proposed
construction activities have the potential to result in increased erosion at the project site. Mitigation
Measure BIO-9 includes measures to reduce potential impacts related to work within Arroyo Grande
Creek. Mitigation Measure BIO-9(4) would require work to be conducted during the dry season (June 1–
October 15) to avoid increased runoff from the project site due to rain or flood flows. Mitigation Measure
BIO-9(7) would require the project to prepare and implement a Stormwater Pollution Prevention Plan
(SWPPP) with Best Management Practices (BMPs) to avoid or minimize erosive runoff during project
construction. Mitigation Measure BIO-9(8) identifies BMPs to be implemented during construction
activities to reduce erosive runoff from the site. Therefore, implementation of Mitigation Measure BIO-9
would reduce potential impacts related to increased erosion and sedimentation during construction of the
project. The proposed bridge would be paved and would extend over Arroyo Grande Creek and associated
soils; therefore, operational components of the project are not anticipated to increase long-term erosion
on-site. Further, the project would be required to comply with City Municipal Code Section 13.24.120,
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which requires the preparation and implementation of an Erosion and Sedimentation Control Plan to
reduce short- and long-term impacts associated with erosion. Therefore, with implementation of the
identified mitigation measures, construction and operation of the project would not result in substantial
erosion or siltation on-site and impacts would be less than significant with mitigation.
c) Would the project be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and potentially result in on- or
off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Would the project be located on expansive soil, as defined in Table 18-1-B of the
Uniform Building Code (1994), creating substantial direct or indirect risks to life or
property?
As previously mentioned, the project site is at moderate risk for liquefaction and low risk for landslide
(County of San Luis Obispo 2021). According to the USGS Areas of Land Subsidence in California Map,
the project site is not located within an area of known subsidence (USGS 2021b). Typically, expansive
soils have a high shrink/swell potential due to a high clay content within the soils. The project site is
underlain by soils that contain some clay materials (U.S. Department of Agriculture [USDA] Natural
Resources Conservation Service [NRCS] 2021). Therefore, there is potential for soils at the project site to
experience some expansion.
As previously described, the project would be required to meet or exceed the most current AASHTO
bridge requirements, which have been developed to establish design requirements to safeguard public
health, safety, and general welfare through structural strength, stability, and other standards. The project
would also be required to meet or exceed seismic design standards identified in Caltrans SDC, Version
2.0 (Caltrans 2019). In addition, roadway, pedestrian, and bicycle path elements would be required to
comply with AASHTO’s “The Green Book” (AASHTO 2018) and relevant City standards. Based on
required compliance with applicable design standards, the structural components of the proposed bridge
would be designed to safeguard public safety and avoid or minimize the potential for risk related to
development on unstable or expansive soils. Therefore, impacts would be less than significant.
e) Would the project have soils incapable of adequately supporting the use of septic
tanks or alternative waste water disposal systems where sewers are not available
for the disposal of waste water?
The project does not include the development of septic tanks or alternative wastewater disposal systems;
therefore, no impact would occur.
f) Would the project directly or indirectly destroy a unique paleontological resource
or site or unique geologic feature?
Arroyo Grande is underlain by the Pismo Formation (USGS 2021b), which has a high potential fossil
yield for marine fossils (California Public Utilities Commission [CPUC] 2005). Proposed construction
activities would primarily be conducted within the footprint of the existing Traffic Way bridge, which
reduces the likelihood for unknown paleontological resources to occur within the project area. However,
the proposed bridge includes deeper foundations to safeguard against risk associated with scour;
therefore, the project would require deeper excavation. Although unlikely based on previous development
within and surrounding the project site, there is potential for proposed ground-disturbing activities within
native soils to disturb paleontological resources if present within the project area. Mitigation Measure
GEO-1 has been included to require paleontological monitoring during work within native soils.
Therefore, the project would not result in adverse impacts to potential paleontological resources present
within the project area and impacts would be less than significant with mitigation.
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Conclusion
The proposed bridge would be required to be designed and constructed according to AASHTO and
Caltrans standards and requirements, which would reduce the potential for risk of loss, injury, or death as
a result of seismic or other geologic stresses. Mitigation Measure BIO-9 has been included to reduce
impacts related to erosion from the project site. In addition, Mitigation Measure GEO-1 has been included
to reduce potential impacts related to paleontological resources. Therefore, with implementation of the
identified mitigation measures, impacts would be less than significant.
Mitigation Measures
Implement Mitigation Measure BIO-9.
MM GEO-1 All project-related ground disturbance that occurs in previously undisturbed native soils
shall be monitored by a qualified paleontological monitor on a full-time basis. However,
the frequency of monitoring may be reduced at the discretion of the qualified
paleontologist if the disturbed geologic units are determined to have a low potential to
yield significant fossil resources upon further examination of the geologic units during
grading operations. In the event that a subsurface fossil is discovered within the project
area during project activities, all work within the vicinity of the find shall cease until the
qualified paleontological monitor can assess the significance of the find. Field data forms
shall be used to record pertinent geologic data. Any recovered fossils shall be prepared to
the point of curation, identified by qualified experts, listed in a database to facilitate
analysis, and reposited in a designated paleontological curation facility. The qualified
paleontologist shall prepare a paleontological mitigation and monitoring report to be filed
with the City of Arroyo Grande, as lead agency, and the repository.
VIII. Greenhouse Gas Emissions
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on the
environment?
☐ ☒ ☐ ☐
(b) Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases?
☐ ☒ ☐ ☐
Setting
GHGs are any gases that absorb infrared radiation in the atmosphere, and are different from the criteria
pollutants discussed in Section III, Air Quality, above. The primary GHGs that are emitted into the
atmosphere as a result of human activities are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O),
and fluorinated gases. These are most commonly emitted through the burning of fossil fuels (oil, natural
gas, and coal), agricultural practices, decay of organic waste in landfills, and a variety of other chemical
reactions and industrial processes (e.g., the manufacturing of cement).
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CO2 is the most abundant GHG and is estimated to represent approximately 80–90% of the principal
GHGs that are currently affecting the earth’s climate. According to the CARB, transportation (vehicle
exhaust) and electricity generation are the main sources of GHG in the state.
The passage of Assembly Bill (AB) 32, the California Global Warming Solutions Act (2006), recognized
the need to reduce GHG emissions and set the GHG emissions reduction goal for the State of California
into law. The law required that by 2020, state emissions must be reduced to 1990 levels. This is to be
accomplished by reducing GHG emissions from significant sources through regulation, market
mechanisms, and other actions. Subsequent legislation (i.e., Senate [SB] Bill 97, Greenhouse Gas
Emissions bill) directed the CARB to develop statewide thresholds.
In October 2008, the CARB published the Climate Change Scoping Plan, which is the state’s plan to
achieve GHG reductions in California required by AB 32. This initial Scoping Plan contained the main
strategies to be implemented in order to achieve the target emission levels identified in AB 32. On
November 16, 2022, the CARB approved the 2022 Scoping Plan for Achieving Carbon Neutrality. The
2022 Scoping Plan continues the path to achieve the SB 32 2030 target and expands upon earlier plans by
targeting an 85 percent reduction in GHG below 1990 levels by 2045.
San Luis Obispo County Regional Transportation Plan/Sustainable Communities
Strategy
San Luis Obispo County’s 2019 Regional Transportation Plan (RTP) was adopted by the San Luis
Obispo Council of Governments (SLOCOG) in June 2019. The purpose of the 2019 RTP is to encourage
a fully integrated, intermodal, transportation system that facilitates the safe and efficient movement of
people, goods, and information throughout the region. The 2019 RTP also includes the region’s
Sustainable Communities Strategy (SCS). An SCS identifies a forecasted development pattern for the
region, which is informed by the inventory of existing land use throughout the region, along with the
identification of sites where future development can be located, while still reducing VMT and GHG
emissions.
City of Arroyo Grande Climate Action Plan
The City’s Climate Action Plan (City of Arroyo Grande 2013) is a long-range plan aimed to reduce GHG
emissions from City operations, developments, and community activities throughout the city in
anticipation of the effects of climate change. The primary purposes of the Climate Action Plan are the
following:
• Summarizes the results of the City of Arroyo Grande 2005 Greenhouse Gas Emissions Inventory
Update, which identifies the major sources and quantities of GHG emissions produced within
Arroyo Grande and forecasts how these emissions may change over time.
• Identifies the quantity of GHG emissions that Arroyo Grande will need to reduce to meet its
target of 15% below 2005 levels by the year 2020, consistent with AB 32.
• Sets forth City government and community-wide GHG reduction measures, including
performance standards which, if implemented, would collectively achieve the specified emission
reduction target.
• Identifies proactive strategies that can be implemented to help Arroyo Grande prepare for
anticipated climate change impacts.
• Sets forth procedures to implement, monitor, and verify the effectiveness of the City’s Climate
Action Plan measures and adapt efforts moving forward as necessary.
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The City’s Climate Action Plan is designed as a Qualified GHG Reduction Plan, consistent with State
CEQA Guidelines Section 15183.5(b). This allows for the streamlining of the GHG analysis on a project
level by using a programmatic GHG reduction plan meeting certain criteria. Project-specific analysis of
GHG emissions is required if GHG emissions from a project would be cumulatively considerable
notwithstanding compliance with the Climate Action Plan.
The City’s Climate Action Plan included an inventory of community-wide GHG emissions. The
inventory was prepared for purposes of identifying major sources and quantities of GHG emissions
produced in Arroyo Grande in 2005 and to forecast how these emissions may change over time. Based on
the GHG emissions inventory prepared in 2005, the city emitted approximately 84,399 metric tons of
carbon dioxide equivalent (MTCO2e). As shown in Figure 4, the largest contributors of community-wide
GHG emissions were the transportation (44%), residential energy (30%), and commercial/industrial
energy (14%) sectors. The remainder of emissions resulted from the solid waste (7%) and off-road (5%)
sectors.
Source: City of Arroyo Grande 2013.
Figure 4. City of Arroyo Grande 2005 GHG emissions inventory by sector.
Environmental Evaluation
a) Would the project generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the environment?
The proposed construction period is anticipated to be 97 months long. During construction, fossil fuels
and natural gas would be used by construction vehicles and equipment. Federal and state regulations in
place require fuel-efficient equipment and vehicles and prohibit wasteful activities, such as diesel idling.
Construction contractors, in an effort to ensure cost efficiency, would not be expected to engage in
wasteful or unnecessary energy and fuel practices. In addition, Mitigation Measure AQ-1 includes
limitations on diesel idling during the construction phase of the project. Therefore, construction activity is
not anticipated to result in significant emissions. During the 97-month construction period, the project
would require the temporary closure of Traffic Way, which would require a temporary traffic detour route
through the Village Core of the city. Temporary striping would be implemented along East Branch,
Mason, and Bridge Streets to allow traffic to navigate the detour more efficiently; however, detours
would be expected to result in temporary delays along these roadways, which could increase GHG
emissions from vehicle idling. Following construction, detours would be removed, and traffic flow would
return to pre-construction conditions. Therefore, any increase in GHG emissions from vehicle idling
would be temporary in nature and would not result in a new, permanent source of GHG emissions in the
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area. Therefore, greenhouse gas emissions generated during construction would not be substantial enough
to have a significant cumulative impact on the environment, and impacts would be less than significant
with mitigation.
Operation of the project would include continued operation of the Traffic Way bridge and may require
infrequent maintenance trips on an as-needed basis. The Traffic Way bridge provides vehicle passage
over Arroyo Grande Creek. Based on the 2016 Bridge Inspection Report, traffic volumes through the site
are approximately 9,600 vehicles per day. Traffic Way is classified as an urban arterial roadway and has
an estimated future ADT rate of 11,000 based on estimated growth within the city. Replacement of the
bridge is not anticipated to facilitate an increase vehicle trips in comparison to existing conditions.
Therefore, the project would not result in new development that would generate operational GHG
emissions or increased VMT. Operational impacts associated with generation of GHG emissions would
be less than significant.
b) Would the project conflict with an applicable plan, policy or regulation adopted for
the purpose of reducing the emissions of greenhouse gases?
As previously described, project construction is estimated to generate temporary GHG emissions resulting
from the operation of construction equipment and construction worker vehicles. Federal and state
regulations in place require fuel-efficient equipment and vehicles and prohibit wasteful activities, such as
diesel idling. In addition, Mitigation Measure AQ-1 includes limitations on diesel idling during the
construction phase of the project. Therefore, GHG emissions generated during construction is not
anticipated to be substantial enough to have a significant cumulative impact on the environment and
construction impacts would be less than significant with mitigation.
Replacement of the bridge is not anticipated to facilitate an increase or otherwise change vehicle trips in
comparison to existing conditions. Because the project would not result in new development that would
generate increased operational GHG emissions or VMT, the project would be consistent with the City’s
Climate Action Plan. Further, as described in Section III, Air Quality, the project would not conflict with
the 2001 Clean Air Plan. Because the project would not increase or substantially change vehicle trips in
the project area, iImplementation of the project would result in de minimis GHG emissions above baseline
conditions; therefore, the proposed project would not conflict with an appliable plan, policy, or regulation
adopted for the purpose of reducing GHG emissions and impacts would be less than significant.
Conclusion
Construction activities would be conducted in accordance with Federal and state laws regarding diesel
idling and are not anticipated to generate a significant amount of GHG emissions. In addition, Mitigation
Measure AQ-1 includes limitations on diesel idling during the construction phase of the project.
Operation of the project would not result in a new land uses that could significantly increase GHG-
emissions or facilitate an increase in VMT, which would be consistent with the City’s Climate Action
Plan and the SLOAPCD’s 2001 Clean Air Plan. Therefore, with implementation of Mitigation Measure
AQ-1, impacts would be less than significant.
Mitigation Measures
Implement Mitigation Measure AQ-1.
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IX. Hazards and Hazardous Materials
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
☐ ☒ ☐ ☐
(b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
☐ ☒ ☐ ☐
(c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
☐ ☒ ☐ ☐
(d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
☐ ☐ ☐ ☒
(e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard or
excessive noise for people residing or working in the
project area?
☐ ☐ ☐ ☒
(f) Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
☐ ☒ ☐ ☐
(g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death
involving wildland fires?
☐ ☐ ☒ ☐
Setting
According to the California Department of Toxic Substance Control (DTSC) EnviroStor database, there
are no active hazardous materials sites within or adjacent to the project site (DTSC 2021). In addition, the
SWRCB Geotracker database indicates that there are three previously active leaking underground storage
tanks located approximately 600 feet west and 280 feet south and one previously active cleanup program
site located approximately 300 feet west of the project site (SWRCB 2021). There are no currently active
sites located within or adjacent to the project site (DTSC 2021; SWRCB 2021). Given the developed
condition of the majority of the city, it is highly likely that the surface soils along existing roadways are
affected by deposition of contaminants, including aerial lead, oils, fuels, and other lubricants.
The purpose of the City’s Safety Element is to be prepared for disaster and to manage development to
reduce risk. Hazards identified in the City’s Safety Element include flooding, dam inundation, dam
failure, fire, geologic and seismic hazards, landslides, hazardous trees, and radiation hazards (City of
Arroyo Grande 2001a).
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Environmental Evaluation
a) Would the project create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous materials?
Temporary construction activities would include the use of construction equipment, vehicles, and
commonly used hazardous substances, including, but not limited to, paint, solvents, oils, fuel, and
gasoline. Commonly used hazardous substances within the project site would be transported, stored, and
used according to regulatory requirements and existing procedures for the handling of hazardous
materials. In addition, Mitigation Measure BIO-9(6) would require the project to prepare a Hazardous
Materials Response Plan to be implemented in the event of an accidental spill during proposed
construction activities. Operation of the project may result in infrequent maintenance trips on an as-
needed basis and would not require the use of hazardous or acutely hazardous materials. Therefore,
impacts associated with the routine transport, use, or disposal of hazardous materials would be less than
significant with mitigation.
b) Would the project create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions involving the
release of hazardous materials into the environment?
As previously discussed, temporary construction activities would include the use of construction
equipment, vehicles, and commonly used hazardous substances including, but not limited to, paint,
solvents, oils, fuel, and gasoline. Commonly used hazardous substances within the project site would be
transported, stored, and used according to regulatory requirements and existing procedures for the
handling of hazardous materials. Mitigation Measure BIO-9(6) would require the project to prepare a
Hazardous Materials Response Plan to be implemented in the event of an accidental spill during
construction activities. The Traffic Way bridge was constructed in 1932 and is 89 years old; therefore,
there is potential for the bridge to contain ACM and proposed decommissioning of the bridge may release
ACM, if present. Mitigation Measure AQ-2 has been included to reduce impacts related to potential
release of ACM during decommissioning of the bridge. Operation of the project may result in infrequent
maintenance trips on an as-needed basis and would not require the use of hazardous or acutely hazardous
materials that would create a significant hazard in the event of accidental release. With implementation of
the identified mitigation measures to reduce potential impacts related to accidental hazardous materials
spills and potential release of ACM during proposed construction activities, impacts would be less than
significant with mitigation.
c) Would the project emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter mile of an existing
or proposed school?
The project site is located approximately 0.24 mile southeast of Valley View Adventist Academy.
Although the project is located within 0.25 mile of a school, operation of the project would not require the
use of hazardous materials. Short-term construction activities may require commonly used hazardous
materials (i.e., fuel, gasoline, solvents, oils, paints), which would be transported, stored, and used
according to regulatory requirements and existing procedures for the handling of hazardous materials. In
addition, Mitigation Measure BIO-9(6) would require the project to prepare a Hazardous Materials
Response Plan to be implemented in the event of an accidental spill during project construction. In
addition, Mitigation Measure AQ-2 has been included to reduce impacts related to the potential release of
ACM during decommissioning of the bridge. Operation of the project would not require the long-term use
of hazardous or acutely hazardous materials within 0.25 mile of Valley View Adventist Academy.
Therefore, potential impacts would be less than significant with mitigation.
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d) Would the project be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the public or the environment?
Based on a query of the DTSC EnviroStor database and SWRCB GeoTracker database, there are three
previously active leaking underground storage tanks located approximately 600 feet west and 280 feet
south and one previously active cleanup program site located approximately 300 feet west of the project
site; however, there are no currently active sites located within or adjacent to the project site (DTSC 2021;
SWRCB 2021). Therefore, the project would not be located on a known hazardous materials site that
could create significant hazard to the public, and no impacts would occur.
e) For a project located within an airport land use plan or, where such a plan has not
been adopted, within two miles of a public airport or public use airport, would the
project result in a safety hazard or excessive noise for people residing or working
in the project area?
The closest airport to the project site is the Oceano County Airport, located approximately 2.5 miles
southwest of the project site. The project does not include the development of residential units, offices, or
other buildings that could expose occupants to excessive noise or safety hazards. Therefore, the project
would not be located within 2 miles of an airport or expose project occupants to excessive noise or other
safety hazards, and no impacts would occur.
f) Would the project impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan?
The project includes replacement of the exiting Traffic Way bridge that allows traffic to cross over
Arroyo Grande Creek in the central portion of the city. Construction activities would result in the
temporary closure of the Traffic Way bridge and may require other traffic controls and detours on
surrounding roadways. The construction period would extend approximately 9seven months and
temporary closures of roadways and associated detours could result in temporary delays in emergency
response and evacuation in the city.
Five Cities Fire authority (FCFA) Station 1 is located approximately 300 feet south of the Traffic Way
bridge along Traffic Way and road closures and/or traffic controls may impact FCFA emergency response
times. The project would maintain FCFA access during the 97-month construction period by
implementing detours. In order to maintain access, FCFA Station 1 would be provided a Global
Positioning System (GPS) Emergency Vehicle Preemption (EVP) device during the construction phase to
transmit a signal to the controller box and allow northbound traffic along Traffic Way a green light during
a call for emergency response. While this situation would be most prominent during the school year due
to an increase in vehicle traffic along Traffic Way, year-round visitor serving uses would continue to
contribute to congestion within the project area during construction activities. Additionally, since wildfire
occurrence is highest during the summer, it could be reasonably assumed that an increase in calls for fire
protection services would occur during this time. In addition to the provision of a GPS EVP device,
Mitigation Measure HAZ-1 has been included to ensure notice is provided to local emergency services
prior to implementation of any road closures or detour routes. The project would implement road detours
in order to maintain public access throughout the city during closure of Traffic Way. Based on
implementation of Mitigation Measure HAZ-1 and proposed project components to allow emergency
access during construction, the project would not result in significant impacts related to emergency access
or evacuation.
The project would result in the replacement of the Traffic Way bridge to avoid potential risk to the public
related to scour and would not result in the permanent closure of Traffic Way bridge or surrounding
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roadways that could impede long-term emergency access and/or evacuation. Therefore, the project would
not substantially impair or interfere with the City’s Safety Element, Multi-Jurisdictional Local Hazard
Mitigation Plan (LHMP; Mathe 2015), or other emergency response or evacuation plans; therefore,
impacts would be less than significant with mitigation.
g) Would the project expose people or structures, either directly or indirectly, to a
significant risk of loss, injury or death involving wildland fires?
The project area is located in a developed portion of the city within a Local Responsibility Area (LRA)
and is not designated as a state or local fire hazard severity zone (FHSZ) (California Department of
Forestry and Fire Protection [CAL FIRE] 2021). The project would replace the existing Traffic Way
bridge, which would reduce risk related to erosion surrounding the foundation of the bridge. Replacement
of the existing bridge would not increase long-term fire hazard within the project area. Because
construction would be limited to the dry season (June 1-October 15), there is potential for construction
activities to increase the risk of accidental wildfire ignition at the project site. The project would be
required to comply with International Fire Code (IFC) Section 3312, which establishes regulations to
reduce the risk of wildfire ignition during construction, such as the removal of combustible waste
materials (i.e., paper, rags, wood, etc.) from the site, prohibiting smoking at the project site, identifying
proper refueling methods, establishing equipment standards, etc. In addition, the project would not result
in the development of new occupiable structures that could expose people or structures to wildfire risks or
otherwise exacerbate wildfire risks; therefore, impacts would be less than significant.
Conclusion
Any commonly used hazardous materials used during construction of the project would be transported,
handled, and stored according to existing regulatory requirements. Mitigation Measure BIO-9(6) would
require a Hazardous Materials Response Plan to be prepared and implemented in the event of an
accidental spill during project construction. In addition, Mitigation Measure AQ-2 has been included to
reduce potential impacts related to ACM during decommissioning of the existing Traffic Way bridge.
Operation of the project would not require the use of hazardous materials. In addition, the project site is
not located in close proximity to an airport or within a previously documented active hazardous materials
cleanup site. Mitigation Measure HAZ-1 has been included to provide notice of road closures and detour
routes implemented during project construction. The project would maintain emergency access and
evacuation routes during construction and operation and would not increase the risk of wildfire within the
city. Therefore, with implementation of the identified mitigation measures, impacts related to hazards and
hazardous materials would be less than significant.
Mitigation Measures
Implement Mitigation Measures BIO-9 and AQ-2.
HAZ-1 Prior to the implementation of any lane/road closures or detour routes, the City and/or its
project contractors shall provide notice to all residents, business owners, public facilities,
and emergency response providers likely to be affected by the closure and detours,
including, but not limited to, the Five Cities Fire Authority and Arroyo Grande Police
Department. The notice shall include the following information: dates of construction,
temporary lane/road closures and detours, and contact information, including the phone
number and email address of the City staff person responsible for responding to and
addressing public complaints regarding access. The notice shall be provided at least 2
weeks prior to any planned road closure.
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X. Hydrology and Water Quality
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or ground water quality?
☐ ☒ ☐ ☐
(b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
☐ ☐ ☒ ☐
(c) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
(i) Result in substantial erosion or siltation on- or
off-site; ☐ ☒ ☐ ☐
(ii) Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or off-site;
☐ ☒ ☐ ☐
(iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff;
or
☐ ☒ ☐ ☐
(iv) Impede or redirect flood flows? ☐ ☒ ☐ ☐
(d) In flood hazard, tsunami, or seiche zones, risk release
of pollutants due to project inundation? ☐ ☒ ☐ ☐
(e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
☐ ☒ ☐ ☐
Setting
The project site is located in the Arroyo Grande Creek Watershed, a coastal basin located in southern San
Luis Obispo County. The watershed is approximately 96,000 acres ranging from 3,100 feet elevation
above msl to the Pacific Ocean. It includes the tributaries of Tally Ho (Corbett), Tar Springs, and Los
Berros Creeks. Meadow Creek is a remnant marsh drainage that enters Arroyo Grande Creek just before
its confluence with the ocean (SLO Watershed Project 2020).
Arroyo Grande Creek is a major perennial stream that flows 22 miles from the Santa Lucia range to the
Pacific Ocean and is an important hydrological feature in southern San Luis Obispo County. The upper
portion of the creek is impounded by Lopez Dam, built in 1966, about 8 miles northeast of the city of
Arroyo Grande. Arroyo Grande Creek receives water from Lopez Lake and Tar Springs Creek and flows
east to west at the Traffic Way bridge before turning southwest toward Oceano, then emptying into the
Arroyo Grande Estuary and Pacific Ocean approximately 4 miles downstream of the project area. Oceano
Lagoon drains into Arroyo Grande Creek just upstream of confluence with the ocean (SWCA 2021e).
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According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel
06079C1602G (effective date 11/16/2012), the project site is located within Zone A and Zone AE, areas
with 1% chance of annual flooding (FEMA 2020).
The project site is located in the Santa Maria River Valley Groundwater Basin – Arroyo Grande Subbasin
(No. 3-12.02) (County of San Luis Obispo 2021). The Arroyo Grande Subbasin is approximately 7 miles
long, oriented in a northeastern to southwestern direction. The Arroyo Grande Subbasin is not considered
a high-priority basin and has ample water supply to meet the water demand of the city. However, a
groundwater sustainability plan (GSP) for the subbasin is being prepared to facilitate sustainable
groundwater management and use (County of San Luis Obispo 2020).
Environmental Evaluation
a) Would the project violate any water quality standards or waste discharge
requirements or otherwise substantially degrade surface or ground water quality?
The project includes replacing the existing Traffic Way bridge to reduce risk caused by scour.
Construction of the new foundation would require work within Arroyo Grande Creek, which runs under
the Traffic Way bridge. Ground disturbance has the potential to increase erosion and sedimentation
on-site and construction equipment and vehicle use has the potential to increase pollution on-site that
could runoff and degrade water quality. Mitigation Measure BIO-9 includes measures to reduce potential
impacts related to work within Arroyo Grande Creek. Mitigation Measure BIO-9(4) would require work
to be conducted during the dry season (June 1–October 15) to avoid increased runoff from the project site
due to rain or flood flows. Mitigation Measure BIO-9(6) would require the project to prepare a Hazardous
Material Response Plan to be implemented in the event of accidental fuel, oil, paint, or other hazardous
materials spills. Mitigation Measure BIO-9(7) would require the project to prepare and implement a
SWPPP with BMPs to avoid or minimize erosive runoff during project construction. Mitigation Measure
BIO-9(8) identifies BMPs to be implemented during construction activities to reduce erosive runoff from
the site. Mitigation Measure BIO-9(9) would require daily water quality monitoring while water is
flowing to ensure project activities are not adversely affecting the water quality of Arroyo Grande Creek.
Mitigation Measure BIO-9(10) requires vehicle washing and refueling to occur at least 60 feet from
Arroyo Grande Creek to avoid accidental fuel spills or other pollutants from entering the creek.
Mitigation measure BIO-9(11) requires trash to be contained and removed from the project site to avoid
solid waste from entering the creek during construction of the project. Implementation of Mitigation
Measure BIO-9 would reduce potential impacts related to water quality degradation during construction
of the project.
The project would be required to comply with City Municipal Code Section 13.24.120, which requires the
preparation and implementation of an Erosion and Sedimentation Control Plan to reduce short- and long-
term impacts associated with erosion that could runoff from the project site and degrade water quality.
The project would also be subject to Central Coast RWQCB Post-Construction Stormwater Requirements
(PCRs) (Resolution R3-20132-0032025) to ensure long-term reduction of pollutant discharges (Central
Coast RWQCB 2013). Therefore, with implementation of Mitigation Measure BIO-9 to reduce potential
sources of pollution during construction activities and required compliance with the City Municipal Code
and RWQCB PCRs, construction and operation of the project would not substantially degrade water
quality, and impacts would be less than significant with mitigation.
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b) Would the project substantially decrease groundwater supplies or interfere
substantially with groundwater recharge such that the project may impede
sustainable groundwater management of the basin?
The project site is located in the Santa Maria River Valley Groundwater Basin – Arroyo Grande
Subbasin. Any water needed for construction (i.e., dust suppression) would be limited in volume and
would be supplied from off-site sources. Operation of the project does not require any new connections to
groundwater or sustained groundwater use that could substantially decrease groundwater supplies. In
addition, the proposed bridge replacement would occur within the development footprint of the existing
bridge and would not result in additional impervious surfaces that could interfere with groundwater
recharge at the site. Therefore, impacts would be less than significant.
c) Would the project substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream or river or through
the addition of impervious surfaces, in a manner which would:
c-i) Result in substantial erosion or siltation on- or off-site?
The project includes replacing the existing Traffic Way bridge to reduce risk caused by scour.
Construction of the new foundation would require work within Arroyo Grande Creek, which runs under
the Traffic Way bridge. The project is anticipated to result in 0.4 acre of permanent impacts and 1.26
acres of temporary impacts to Arroyo Grande Creek. Proposed ground-disturbing construction activities
have the potential to result in increased erosion and siltation that may result in runoff from the project
site. Mitigation Measure BIO-9 includes measures to reduce potential impacts related to work within
Arroyo Grande Creek. Mitigation Measure BIO-9(4) would require work to be conducted during the dry
season (June 1–October 15) to avoid increased runoff from the project site due to rain or flood flows.
Mitigation Measure BIO-9(7) would require the project to prepare and implement a SWPPP with BMPs
to avoid or minimize erosive runoff during project construction. Mitigation Measure BIO-9(8) identifies
BMPs to be implemented during construction activities to reduce erosive runoff from the site. Therefore,
implementation of Mitigation Measure BIO-9 would reduce potential impacts related to increased erosion
and sedimentation during construction of the project.
Replacement of the Traffic Way bridge would reduce risk associated with erosion of the existing
foundation. Operational components of the project are not anticipated to increase long-term erosion or
siltation on-site. The project would be required to comply with City Municipal Code Section 13.24.120,
which requires the preparation and implementation of an Erosion and Sedimentation Control Plan to
reduce short- and long-term impacts associated with erosion. The project would also be subject to
RWQCB PCRs (Resolution R3-20132-0032025) to ensure long-term reduction of pollutant discharges.
Therefore, with implementation of the identified mitigation measures and required compliance with the
City Municipal Code and RWQCB PCRs, construction and operation of the project would not result in
substantial erosion or siltation on-site, and impacts would be less than significant with mitigation.
c-ii) Substantially increase the rate or amount of surface runoff in a manner which
would result in flooding on- or off-site;
Implementation of the project would result in a new Traffic Way bridge within the same alignment as the
existing bridge. Following construction activities, the project would not result in additional impervious
surface areas that could contribute to an increase of surface water runoff. The project would require work
within Arroyo Grande Creek for installation of the new foundation. The foundation would be constructed
in accordance with Caltrans hydraulic design standards in order to maintain the creek’s ability to convey
potential flood flows. Therefore, installation of the new bridge foundation within Arroyo Grande Creek
would not result in flooding. Mitigation Measure BIO-9 includes measures to reduce potential impacts
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related to work within Arroyo Grande Creek. Mitigation Measure BIO-9(4) would require work to be
conducted during the dry season (June 1–October 15) to avoid increased runoff from the project site due
to rain or flood flows. Mitigation Measure BIO-9(7) would require the project to prepare and implement a
SWPPP with BMPs to avoid or minimize erosive runoff during project construction. Mitigation Measure
BIO-9(8) identifies BMPs to be implemented during construction activities to reduce erosive runoff from
the site. In addition, the project would be required to comply with City Municipal Code Section
13.24.120, which requires preparation and implementation of an Erosion and Sedimentation Control Plan
to reduce short- and long-term impacts associated with erosion. The project would also be subject to
RWQCB PCRs (Resolution R3-20132-0032025) to ensure long-term reduction of pollutant discharges.
Therefore, the project is not anticipated to substantially increase polluted or other surface water runoff
from the project site, and impacts would be less than significant with mitigation.
c-iii) Create or contribute runoff water which would exceed the capacity of existing or
planned stormwater drainage systems or provide substantial additional sources
of polluted runoff?
The proposed bridge would be constructed within the same alignment as the existing Traffic Way bridge
and would not result in new impervious surfaces that could contribute to long-term stormwater runoff.
Construction of the project would result in in 0.4 acre of permanent impacts and 1.26 acres of temporary
impacts to Arroyo Grande Creek. Based on proposed alterations of Arroyo Grande Creek, the project has
potential to increase erosive or polluted runoff during construction that may run off from the site during
proposed construction activities. Mitigation Measure BIO-9(4) would require work to be conducted
during the dry season (June 1–October 15) to avoid increased surface water runoff from the project site
due to rain or flood flows. In addition, Mitigation Measure BIO-9(7) and BIO-9(8) would require the
project to prepare and implement a SWPPP and identifies BMPs to be implemented during construction
activities to reduce erosive or polluted runoff. The project would also be required to comply with City
Municipal Code Section 13.24.120, which requires preparation and implementation of an Erosion and
Sedimentation Control Plan to reduce short- and long-term impacts associated with erosion. The project
would also be subject to RWQCB PCRs (Resolution R3-20132-0032025) to ensure long-term reduction
of pollutant discharges. The project does not include components that require connections to any public or
private stormwater drainage systems. Therefore, with implementation of the identified mitigation during
project construction and required compliance the City Municipal Code and RWQCB PCRs, potential
impacts related to runoff would be less than significant with mitigation.
c-iv) Impede or redirect flood flows?
According to FEMA FIRM Panel 06079C1602G (effective date 11/16/2012), the project site is located
within Zone A and Zone AE, areas with 1% chance of annual flooding (FEMA 2020). Construction of the
project has the potential to impede flood flows based on proposed work within Arroyo Grande Creek for
installation of the bridge foundation, which would result in 0.4 acre of permanent impacts and 1.26 acres
of temporary to the creek; however, Mitigation Measure BIO-9(4) has been included to require
construction activities to occur during the dry season (June 1–October 15) to avoid increased runoff due
to rain or flood flows. Implementation of the project would result in 0.4 acre of permanent impacts to
Arroyo Grande Creek; however, permanent impacts are not anticipated to adversely affect flood flows
because the proposed bridge would be required to comply with Caltrans hydraulic design criteria to allow
for the conveyance of flood flows. One of the objectives of the project is to replace the existing structure
with a new structure with no supports within the creek bed and a wider hydraulic opening that would
reduce maintenance issues in the future and improve creek flows through the area compared to existing
conditions (SWCA 2021g). The Caltrans Local Assistance Procedures Manual identifies hydraulic design
criteria that require a facility be capable of conveying the base or 100-year flood and pass the 50-year
flood “without causing objectionable backwater, excessive flow velocities or encroaching on through
traffic lanes” (Caltrans 2021b). The proposed bridge would be required to comply with Caltrans
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requirements for hydraulic design; therefore, proposed permanent impacts would not substantially impede
or redirect potential flood flows and impacts would be less than significant with mitigation.
d) In flood hazard, tsunami, or seiche zones, would the project risk release of
pollutants due to project inundation?
The project site is not located in an area that would be subject to inundation caused by tsunami or seiche;
however, the project site is located within the Lopez Dam flood inundation zone. In addition, according to
FEMA FIRM Panel 06079C1602G (effective date 11/16/2012), the project site is located within Zone A
and Zone AE, areas with one percent chance of annual flooding (FEMA 2020). Due to the project’s
location within a flood hazard and dam inundation zone, there is potential for inundation to occur.
Proposed construction activities would have the potential to increase on-site erosion and other pollutants
that could runoff in the event of project inundation. Mitigation Measure BIO-9(4) has been included to
require construction activities to occur during the dry season (June 15–October 31) to avoid increased
runoff due to rain or flood flows, which would reduce the potential for flood inundation to occur during
project construction. Further, Mitigation Measure BIO-9 has been included to reduce erosion and other
pollutants during construction of the project, which would reduce the risk of substantial pollutant release
due to project inundation during proposed construction activities.
Replacement of the Traffic Way bridge would reduce the risk associated with erosion of the existing
foundation and is not anticipated to increase long-term erosion or siltation on-site that could result in
substantial pollutant release due to project inundation. The project would be required to comply with City
Municipal Code Section 13.24.120, which requires the preparation and implementation of an Erosion and
Sedimentation Control Plan to reduce short- and long-term impacts associated with erosion that could
runoff from the site. The project would also be subject to RWQCB PCRs (Resolution R3-20132-
0032025) to ensure long-term reduction of pollutant discharges. Based on required compliance with the
City Municipal Code and RWQCB PCRs, implementation of the project would not increase long-term
erosion or pollutants at the site in a manner that would result in substantial pollutant release due to project
inundation. In addition, the proposed bridge would be designed in accordance with hydraulic design
criteria included in the Caltrans Local Assistance Procedures Manual to ensure adequate conveyance of
50- and 100-year flood flows. Therefore, with implementation of Mitigation Measure BIO-9(4) to reduce
the potential for pollutant release associated with flood flows and required compliance with the City
Municipal Code, RWQCB PCRs, and Caltrans hydraulic design criteria, potential impacts would be less
than significant with mitigation.
e) Would the project conflict with or obstruct implementation of a water quality
control plan or sustainable groundwater management plan?
As previously identified, the project does not require any new connections to groundwater or sustained
groundwater use that could substantially decrease groundwater supplies; therefore, the project would not
conflict with a sustainable groundwater management plan. As described in threshold X(a), there is
potential for construction activities to degrade the water quality of Arroyo Grande Creek due to required
work within and adjacent to the surface water resource. Mitigation Measure BIO-9 has been included to
avoid or minimize potential impacts related to degradation of water quality related to proposed
construction activities. In addition, the project would be required to comply with City Municipal Code
Section 13.24.120, which requires the preparation and implementation of an Erosion and Sedimentation
Control Plan to reduce short- and long-term impacts associated with erosion that could run off from the
site. The project would also be subject to RWQCB PCRs (Resolution R3-20132-0032025) to ensure long-
term reduction of pollutant discharges. Therefore, with implementation of Mitigation Measure BIO-9 to
reduce the potential for pollutant release and required compliance with the City Municipal Code and
RWQCB PCRs, potential impacts would be less than significant with mitigation.
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Conclusion
The project would require work within and adjacent to Arroyo Grande Creek. Mitigation Measure BIO-9
has been included to avoid or minimize potential impacts related to erosion, sedimentation, and other
pollutants during project construction. The project would also be required to comply with City Municipal
Code Section 13.24.120 and RWQCB PCRs for long-term pollutants. The project is located within an
identified flood hazard zone and would be constructed in accordance with Caltrans standards to maintain
potential flood flows. The project does not require connection to groundwater and would not conflict with
groundwater management. In addition, the proposed bridge would be constructed within the footprint of
the existing bridge and would not result in new impervious surfaces that could increase surface runoff.
Therefore, with implementation of Mitigation Measure BIO-9 and required compliance with existing
requirements, impacts would be less than significant.
Mitigation Measures
Implement Mitigation Measure BIO-9.
XI. Land Use and Planning
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Physically divide an established community? ☐ ☐ ☒ ☐
(b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
☐ ☒ ☐ ☐
Setting
The City’s General Plan consists of nine elements, including the ACOSE and Land Use, Circulation,
Housing, Safety, Noise, Economic Development, and Parks and Recreation Elements, which guide and
facilitate planning and development in the city (City of Arroyo Grande 2001a). The City’s LUE identifies
zoning and land use designations for the City and includes goals and policies intended to guide growth
and development. The city is comprised of a developed urban area with agricultural land located in the
eastern and southeastern portions of the city. The project site is located within the Village Core land use
designation.
Environmental Evaluation
a) Would the project physically divide an established community?
The project includes replacing the existing Traffic Way bridge to reduce risk associated with scour. The
proposed bridge would be developed in the same alignment and contain the same roadway, bicycle, and
pedestrian facilities as the existing bridge. Therefore, implementation of the project would not result in
long-term impacts associated with dividing an established community. However, construction of the
proposed project would result in temporary impacts due to the closure of Traffic Way, which currently
provides access into the City’s Village Core.
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Temporary closure of Traffic Way during construction would require a temporary traffic detour route
through the Village Core of the city. Traffic analysis showed that this was a feasible solution if Bridge
Street was temporarily converted to a one-way, two-lane road in the northbound direction. Southbound
traffic would not be allowed on Bridge Street and would need to use an alternate route, such as Mason
Street, South Halcyon Road, or even US 101. A temporary signal would be required at the intersection of
Bridge Street and West Branch Street to accommodate the traffic flow from northbound Bridge Street to
West Branch Street. Temporary striping along East Branch, Mason, and Bridge Streets would allow
traffic to navigate the detour more efficiently but would require the temporary removal of approximately
17 on-street parking spaces. The planned striping would also allow for trucks and emergency vehicles that
typically use Traffic Way to navigate other urban streets.
The proposed temporary roadway detour would require the temporary loss of 17 existing on-street
parking spaces. Thirteen of those on-street parking spaces and one on-street loading zone are located on
the north side of West Branch Street between Bridge Street and Traffic Way. The temporary loss of on-
street parking spaces is necessary to accommodate restriping of Branch Street for two northwestbound
lanes. Many of these on-street spaces were temporarily removed during the Coronavirus Disease 2019
(COVID-19) pandemic in 2020 to accommodate outside dining areas for local businesses. These
businesses have requested that the City permanently approve the conversion of these parking spaces.
Recognizing the need for the temporary use of those spaces during construction of the bridge on Traffic
Way, a more permanent solution could be approved by the City after the proposed project is complete and
the detour has been removed.
In addition to the parking spaces temporarily removed on Branch Street, there would be three parking
spaces temporarily removed on Bridge Street to allow for trucks and emergency vehicles to navigate the
intersection. This would be necessary to accommodate the two-lane turning onto Branch Street from
Bridge Street.
While there would be a temporary loss of on-street parking spaces on Branch and Bridge Streets, there are
several parking lots available for use by the community frequenting the businesses in the area. On the
south side of Branch Street, Klondike Pizza operates a parking lot and currently charges a fee to park for
users that are not Klondike patrons. The City is coordinating with Klondike to provide a temporary
removal of parking fees in the Klondike parking lot during construction to alleviate some of the added
pressure of removing the 17 parking spaces. The temporary loss of 17 parking spaces would be for the
full 97-month construction period.
Closure of Traffic Way would also result in a temporary closure of a Class II bike lane and pedestrian
facilities that allow for connectivity into the Village Core along Traffic Way. Detour routes would be
made available for these facilities and are further discussed in Section XVII, Transportation, threshold
XVII(a). In addition, potential impacts related to emergency access due to the closure of Traffic Way are
further discussed in Section XVII, Transportation, threshold XVII(d).
Based on a review of local parcel maps, the proposed project would be located entirely within 100 feet of
City ROW centered along the existing road. Since the bridge replacement structures would be located as
close as possible to the existing alignment, no additional permanent ROW acquisitions are anticipated to
construct this project.
Potential impacts related to dividing an established community would be temporary and would be
minimized through the provision of detour routes through the city. In addition, following construction
activities, Traffic Way would be fully accessible to vehicle, bicycle, and pedestrian circulation and would
not create a permanent barrier to movement. Therefore, potential impacts would be less than significant.
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b) Would the project cause a significant environmental impact due to a conflict with
any land use plan, policy, or regulation adopted for the purpose of avoiding or
mitigating an environmental effect?
The project would be required to comply with the City’s General Plan, which establishes goals and
policies to guide and facilitate planning within the city. As previously identified, the City’s General Plan
consists of nine elements, including the ACOSE and the Land Use, Circulation, Housing, Safety, Noise,
Economic Development, and Parks and Recreation Elements. In addition, the project would be required to
comply with requirements of the SLOAPCD 2001 Clean Air Plan, SLOCOG 2019 RTP/SCS, and City’s
Climate Action Plan. Mitigation has been provided throughout this document to reduce potential impacts
related to air quality, biological resources, cultural resources, geology and soils, GHG emissions, energy,
hazards and hazardous materials, hydrology and water quality, noise, public services, tribal cultural
resources, and wildfire, which would be consistent with the goals and policies of the City’s General Plan.
Therefore, the project would be consistent with the City’s General Plan and impacts would be less than
significant with mitigation.
Conclusion
Potential impacts related to dividing an established community would be temporary and would be
accommodated through the provision of detour routes through the city. In addition, following construction
activities, Traffic Way would be fully accessible to vehicle, bicycle, and pedestrian circulation and would
not create a permanent barrier to movement. The project would be consistent with the City’s General
Plan, City’s Climate Action Plan, SLOAPCD 2001 Clean Air Plan, and SLOCOG 2019 RTP/SCS
following implementation of mitigation measure identified throughout this document. Therefore, with
implementation of the identified mitigation measures, impacts would be less than significant.
Mitigation Measures
Implement Mitigation Measures AQ-1 and AQ-2, BIO-1 through BIO-9, CR-1, GEO-1, HAZ-1, and N-1
and N-2.
XII. Mineral Resources
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
☐ ☐ ☐ ☒
(b) Result in the loss of availability of a locally- important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
☐ ☐ ☐ ☒
Setting
The California Surface Mining and Reclamation Act (SMARA) of 1975 requires that the State Geologist
classify land into mineral resource zones (MRZ) according to the known or inferred mineral potential of
the land (PRC Sections 2710–2796).
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The three MRZs used in the SMARA classification-designation process in the San Luis Obispo-Santa
Barbara Production-Consumption Region are defined below (California Geological Survey [CGS] 2015):
• MRZ-1: Areas where available geologic information indicates that little likelihood exists for the
presence of significant mineral resources.
• MRZ-2: Areas where adequate information indicates that significant mineral deposits are present,
or where it is judged that a high likelihood for their presence exists. This zone shall be applied to
known mineral deposits or where well-developed lines of reasoning, based on economic–geologic
principles and adequate data, demonstrate that the likelihood for occurrence of significant mineral
deposits is high.
• MRZ-3: Areas containing known or inferred aggregate resources of undetermined significance.
According to the CDOC CGS Information Warehouse: Mineral Land Classification map, the city is
located within a SMARA Study area (CGS 2015). The 1990 General Plan did not identify any Mineral
Resource Zones within the city. According to the General Plan Integrated Program Environmental Impact
Report (EIR), the 1990 General Plan does not identify any MRZs within the city limits (City of Arroyo
Grande 2001b).
Environmental Evaluation
a) Would the project result in the loss of availability of a known mineral resource that
would be of value to the region and the residents of the state?
b) Would the project result in the loss of availability of a locally- important mineral
resource recovery site delineated on a local general plan, specific plan or other
land use plan?
The city is located within a SMARA study area; however, there are no identified MRZs within the city
(CGS 2015; City of Arroyo Grande 2001b). In addition, the project site has been previously developed,
which reduces the potential for unknown mineral resources to occur within the project area. Therefore,
mineral resources of value are not anticipated to be located within the project area and implementation of
the project would not result in loss of availability of important mineral resources of value to the region or
delineated in a local plan. Therefore, no impacts related to mineral resources would occur.
Conclusion
The project area is located in a previously developed area and there are no known mineral resources
located within the city. Therefore, the project would not result in the loss of availability of a known
mineral resource. Therefore, impacts would be less than significant, and mitigation is not necessary.
Mitigation Measures
No mitigation is required.
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XIII. Noise
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project result in:
(a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the
project in excess of standards established in the local
general plan or noise ordinance, or applicable
standards of other agencies?
☐ ☒ ☐ ☐
(b) Generation of excessive groundborne vibration or
groundborne noise levels? ☐ ☒ ☐ ☐
(c) For a project located within the vicinity of a private
airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public use airport, would the project
expose people residing or working in the project area
to excessive noise levels?
☐ ☐ ☐ ☒
Setting
The City of Arroyo Grande General Plan Noise Element provides policy framework for addressing
potential noise impacts. The Noise Element establishes maximum allowable noise exposure levels for
transportation and non-transportation noise sources. The standards applied to transportation noise sources
are based on average-daily noise exposure levels (in A-weighted decibels [dBA] Community Noise
Equivalent Level/day-night equivalent level [CNEL/Ldn]). For noise-sensitive land uses exposed to non-
transportation noise, the maximum allowable noise exposure standards vary depending on the duration of
exposure and time of day. The City’s noise standards for determining the compatibility for new
development near transportation noise sources are summarized in Table 9.
Table 9. General Plan Land Use Compatibility Guidelines Near Transportation Noise Sources
Land Use
Land Use Compatibility
Acceptable
Conditionally
Acceptable Unacceptable
Residential, Theaters, Auditoriums, Music Halls, Meeting Halls, Churches <60 60–70 >70
Transient Lodging: Hotels and Motels <60 60–75 >75
Schools, Libraries, Museums, Hospitals, Nursing Homes <60 60–75 >75
Playgrounds and Parks <70 70–75 >75
Office Buildings <60 60–75 >75
Notes:
Acceptable: Specified land use is satisfactory. No noise mitigation measures are required.
Conditionally Acceptable: Use should be permitted only after careful study and inclusion of protective measures as needed to satisfy the policies
of the Noise Element.
Unacceptable: Development is usually not feasible in accordance with the goals of the Noise Element.
Source: City of Arroyo Grande 2001a.
In areas where the noise environment is acceptable, new development may be permitted without requiring
noise mitigation. For areas where the noise environment is conditionally acceptable, new development
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should be allowed only after noise mitigation has been incorporated into the design of the project to
reduce noise exposure. For areas where the noise environment is unacceptable, new development in
compliance with Noise Element policies is usually not feasible. New development of noise-sensitive land
uses shall not be permitted in areas exposed to existing or projected future levels of noise from
transportation noise sources which exceed 60 dB CNEL or Ldn (70 CNEL/Ldn for playgrounds and
neighborhood parks) unless the project design includes mitigation measures to reduce noise to or below
levels identified in Table 9 (City of Arroyo Grande 2001a).
Construction noise is commonly exempt from noise standards. Pursuant to City Municipal Code Section
9.16.030, noise sources associated with construction, provided such activities do not take place before
7:00 a.m. or after 10:00 p.m. on any day except Saturday or Sunday or before 8:00 a.m. or after 5:00 p.m.
on Saturday or Sunday, constitute an exception to the City’s noise standards.
The existing ambient noise environment at the project site is dominated by vehicle noise from Traffic
Way and surrounding roadways, including West Branch Street/East Branch Street (formerly SR 227),
which is located approximately 250 feet north of the Traffic Way bridge, and US 101, which is located
approximately 550 feet south of the Traffic Way bridge. While the City of Arroyo Grande General Plan
(City of Arroyo Grande 2001a) does not include noise contour maps of the city, the County’s Land Use
View tool shows the project area as being located within the 60-decibel (dB) noise contour of US 101,
and portions of the project site being located within the 65 dB and 70 dB contours of US 101 (County of
San Luis Obispo 2021).
Typical noise-sensitive receptors include, but are not limited to, hospitals, schools, daycare facilities,
elderly housing, and convalescent facilities. These are areas where the occupants are more susceptible to
the adverse environmental effects, such as noise (USEPA 2017). The project site is surrounded by
development with varying sensitivity to noise impacts. The nearest noise-sensitive land uses to the project
site include a private single-family residence, located approximately 367 feet southeast from the boundary
of the project site; medical offices, located approximately 290 feet southwest from the boundary of the
project site; and a financial office, located approximately 120 feet northwest from the boundary of the
project site.
Environmental Evaluation
a) Would the project result in generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of
standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
The proposed project includes replacement of the existing Traffic Way bridge and would require
decommissioning of the existing bridge, excavation, and construction of the new bridge over a 97-month
construction period. Typical construction noise for the project would be between approximately 80 and 90
dB. The nearest noise-sensitive receptors to the project site include a private single-family residence,
located approximately 367 feet southeast from the boundary of the project site; medical offices, located
approximately 290 feet southwest from the boundary of the project site; and a financial office, located
approximately 120 feet northwest from the boundary of the project site. Noise from construction activities
may intermittently dominate the noise environment in the immediate vicinity of construction.
Construction noise would be short term, intermittent, and often overshadowed by existing local traffic
noise from surrounding roadways, including US 101 to the west and West Branch Street to the north.
There is potential for nearby sensitive receptor locations to experience intermittent exceedances of noise
thresholds for office and residential uses set forth in the City’s Noise Element. Noise produced by
construction equipment would be reduced over distance at a rate of about 6 dB per doubling of distance
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over hard sites (e.g., pavement) and 7.5 dB per doubling of distance over soft sites (e.g., grass). Therefore,
construction noise ranging between 80 and 90 dB at 50 feet would be reduced to noise levels between 68
and 78 dB at 200 feet and between 62 and 72 dB at 400 feet, which would exceed the maximum
allowable noise exposure from transportation noise sources threshold set forth in the City’s Noise
Element. However, noise standards set forth in the City’s Noise Element are intended to be used for
planning purposes to avoid noise conflicts between existing and proposed land uses. Noise sources
associated with construction, provided such activities do not take place before 7:00 a.m. or after
10:00 p.m. on any day except Saturday or Sunday or before 8:00 a.m. or after 5:00 p.m. on Saturday or
Sunday, constitute an exception to the City’s noise standards. Mitigation Measure N-1 has been included
to ensure construction activities comply with timing established in the City Municipal Code. Mitigation
Measure N-2 has been included to require mufflers on all combustion engines during project construction
to further reduce construction-related noise impacts. Therefore, project construction activities would not
result in noise levels in the vicinity of the project in excess of the standards established in the City’s
General Plan or Noise Ordinance.
Temporary closure of Traffic Way during construction would require a temporary traffic detour route
through the Village Core of the city, which includes the temporary conversion of Bridge Street to a one-
way, two-lane road in the northbound direction and diversion of southbound traffic to alternate routes,
such as Mason Street, South Halcyon Road, or US 101. Implementation of detours could result in a
temporary increase in vehicle traffic and associated noise near residential and office uses along these
alternative routes. Typically, a doubling in traffic would result in an increase in noise that is perceptible to
the human ear. Vehicle traffic would be diverted to several roadways and would not be limited to a single
route; therefore, doubling of vehicle traffic is not anticipated to occur along a single roadway. Ambient
noise along these roadways is already dominated by existing vehicle traffic; therefore, any additional
diverted trips would result in a short-term proportionate marginal increase in existing noise levels to
which surrounding uses are generally accustomed to. According to City Municipal Code Section
9.16.030, construction and construction-related noise sources are exempt from the City’s noise standards
between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday and 8:00 a.m. and 5:00 p.m.
Saturday and Sunday. Proposed detours would be temporary in nature and would not result in a new,
permanent source of mobile noise near residential, office, or other noise-sensitive land uses. Therefore, a
temporary increase in vehicle traffic would not generate a substantial permanent or temporary increase in
ambient noise and would not exceed noise standards established in the City’s General Plan or Noise
Ordinance.
Upon implementation of Mitigation Measures N-1 and N-2 to reduce temporary construction-related
noise near noise-sensitive land uses, implementation of the project would not result in an increase in
ambient noise that would be inconsistent with the City’s General Plan or Noise Ordinance. Therefore,
potential impacts would be less than significant with mitigation.
b) Would the project result in generation of excessive groundborne vibration or
groundborne noise levels?
The proposed project includes replacement of the existing Traffic Way bridge and would require
decommissioning of the existing bridge, excavation, and construction of the new bridge over a 97-month
construction period. The Federal Highway Administration (FHWA) establishes a 25-foot distance
reference point from residential structures to measure the severity of potential vibration impacts
(measured by peak particle velocity [ppv]) (FHWA 2018). With regard to human perception, vibration
levels would begin to be perceptible at levels of 0.04 inches per second (in/sec) ppv for continuous events
and 0.25 in/sec ppv for transient events. Based on Federal Transit Administration (FTA) vibration
standards for general construction equipment, typical equipment (e.g., large bulldozer) would generate a
maximum vibration level of approximately 0.089 in/sec at 25 feet, which is less than the FTA’s most
stringent vibration standard for older residential structural damage of 0.5 in/sec and would be
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intermittently perceptible to surrounding receptors but below the thresholds for annoyance (FTA 2018).
The typical vibration source levels generated by construction equipment are identified in Table 10 below.
Table 10. Representative Vibration Source Levels for Construction Equipment
Equipment Peak Particle Velocity at 25 feet (in/sec)
Large bulldozer 0.089
Caisson drilling 0.089
Loaded trucks 0.076
Jackhammer 0.035
Small Bulldozers 0.0003
While some construction activities may result in perceptible vibration, the project-generated vibration
levels would be well below the thresholds identified as having the potential to adversely affect
surrounding historic buildings, such as the two locally designated historic properties at 139 and 145 West
Branch Street (SWCA 2021b), and the majority of construction activities and resulting vibration would
not be at levels perceptible to humans. In addition, Mitigation Measure N-1 has been included to ensure
construction activities comply with timing established in the City Municipal Code to further reduce
potential annoyance caused by construction-related vibration to sensitive receptor locations.
The project is not anticipated to adversely affect nearby sensitive receptor locations due to construction-
related vibration because surrounding private residences are all located more than 25 feet from the project
limits, no significant vibration-inducing construction methods (such as pile driving) would be used during
reconstruction or reinforcement of the slope, and construction activities would be conducted in
accordance with allowable construction hours identified in the City Municipal Code. Therefore, impacts
would be less than significant with mitigation.
c) For a project located within the vicinity of a private airstrip or an airport land use
plan or, where such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project expose people residing or working
in the project area to excessive noise levels?
The project site is located approximately 2.5 miles northeast of the Oceano County Airport. Based on the
Airport Land Use Plan for the Oceano County Airport, the project site is not located within any of the
airport noise contours (County of San Luis Obispo 2007). Therefore, the project would not have the
potential to expose people residing or working in the project area to excessive noise levels due to
proximity to airport facilities and no impacts would occur.
Conclusion
Mitigation Measure N-1 has been included to ensure construction noise would be limited to the hours of
7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on weekends, in accordance with Caltrans
Standard Specifications and City Municipal Code Requirements. In addition, Mitigation Measure N-2
would further reduce construction-related noise by requiring mufflers on all combustion engines during
proposed construction activities. Construction noise would be short term, intermittent, and limited to
applicable daytime hours per City standards. With implementation of the identified mitigation measures
to further reduce construction-related noise, impacts would be less than significant.
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Mitigation Measures
MM N-1 Noise-generating construction activities shall be limited to the daytime hours of 7:00 a.m.
to 9:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Saturday through
Sunday, excluding legal holidays observed by the City during which no noise-generating
construction activities shall be allowed. Any exceptions to this period of time would need
to be authorized by the City of Arroyo Grande on a case-by-case basis and would be
subject to the City of Arroyo Grande Noise Standards.
MM N-2 Internal combustion engines for construction equipment shall be equipped with the
muffler recommended by the manufacturer. Internal combustion engines shall not be
operated on the job site without the appropriate muffler.
XIV. Population and Housing
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Induce substantial unplanned population growth in an
area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
☐ ☐ ☒ ☐
(b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
☐ ☐ ☐ ☒
Setting
As of 2021, the City’s population is an estimated 17,854, which has slightly decreased from the City’s
estimated population of 17,976 in 2019 (World Population Review 2021; U.S. Census Bureau 2010). The
city has an estimated population density of 3,007 people per square mile. The median age in Arroyo
Grande is 44.6 years old. The city’s demographics are made up of 84.8% White, 4.2% Asian, 1.7% Native
American, 0.9% Black or African American, 0.4% Native Hawaiian or Pacific Islander, and 7.9% other
(World Population Review 2021). There are approximately 7,026 households within the city with an
average household size of 2.53 persons. The city has a home ownership rate of 67.5%. The city has a
poverty rate of is 6.16% and an unemployment rate of 2.1% (World Population Review 2021).
Environmental Evaluation
a) Would the project induce substantial unplanned population growth in an area,
either directly (for example, by proposing new homes and businesses) or
indirectly (for example, through extension of roads or other infrastructure)?
The project includes replacement of the existing Traffic Way bridge. The project does not include the
development of new residential development that could directly induce substantial unplanned population
growth. The project does not include development of new businesses, extension of existing roads, or
development of new roads or other infrastructure that could facilitate indirect unplanned population
growth. Construction of the project would result in a short-term increase in construction workers in the
area; however, it is anticipated the workers would come from the local work force or commute to the site
and would not require housing within the city. Operation of the project may include infrequent repair or
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maintenance trips on an as-needed basis by existing City employees; however, operation of the project is
not anticipated to increase long-term employment opportunities within the city. Therefore, the project
would not directly or indirectly induce substantial unplanned population growth and impacts would be
less than significant.
b) Would the project displace substantial numbers of existing people or housing,
necessitating the construction of replacement housing elsewhere?
The project site is located adjacent to commercial businesses in all directions. There is housing located
approximately 367 feet southeast from the boundary of the project site; however, there is no housing
located immediately adjacent to the project site. The project would not displace existing housing or
necessitate the construction of replacement housing elsewhere; therefore, no impacts would occur.
Conclusion
The project would not induce substantial unplanned population growth and would not result in the
construction of new or displacement of existing housing. Therefore, impacts would be less than
significant, and no mitigation is necessary.
Mitigation Measures
No mitigation is required.
XV. Public Services
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any of the public services:
Fire protection? ☐ ☒ ☐ ☐
Police protection? ☐ ☒ ☐ ☐
Schools? ☐ ☐ ☐ ☒
Parks? ☐ ☐ ☐ ☒
Other public facilities? ☐ ☐ ☐ ☒
Setting
Fire Protection Services
The FCFA is a Joint Powers Authority (JPA) between the City of Arroyo Grande, City of Grover Beach,
and Oceano Community Services District, serving a population of 37,000 in a 10-square-mile service area
(FCFA 2021). The FCFA was created to increase service levels to citizens and visitors, ensure consistent
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and professional training standards, and increase operational efficiencies. The FCFA currently operates
out of three stations with an average response time of 6 minutes (FCFA 2021). The nearest FCFA Station
to the project site is Station 1, approximately 300 feet south.
Police Protection Services
The Arroyo Grande Police Department (AGPD) provides public safety services for the city of Arroyo
Grande. The AGPD is located at 200 North Halcyon Road in Arroyo Grande and consists of 29 full-time
employees (AGPD 2021). The crime rate in the region is among the lowest in California. The AGPD
responded to 17,137 documented incidents in 2016 and 17,925 documented incidents in 2017. At the
same time, the AGPD has been able to maintain a response time for emergency calls at less than
2 minutes (AGPD 2021). The AGPD is located approximately 0.65 mile west of the project site. The
California Highway Patrol (CHP) office, located at 4115 Broad Street in San Luis Obispo, serves South
County, including the city of Arroyo Grande. The nearest CHP office is located approximately 9 miles
north of the project site.
Schools
Arroyo Grande students in grades K through 12 are served by two school districts: San Luis Obispo
Coastal Unified School District and Lucia Mar Unified School District (LMUSD). LMUSD covers 550
square miles and serves the adjoining communities of Arroyo Grande, Grover Beach, Nipomo, Oceano,
Pismo Beach, and Shell Beach.
Parks
Arroyo Grande has 13 city parks, several sports facilities, and open space and wildlife preserve areas. The
nearest park is Kiwanis Park located approximately 0.1 mile east of the project site.
Libraries
The City does not provide library services to City residents. This service is provided by the San Luis
Obispo City-County Library system, which presently maintains the Arroyo Grande Library located at 800
West Branch Street, approximately 0.5 mile north of the project site.
Environmental Evaluation
a) Would the project result in substantial adverse physical impacts associated with
the provision of new or physically altered governmental facilities, need for new or
physically altered governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios,
response times or other performance objectives for any of the public services:
Fire protection?
As discussed in Section XX, Wildfire, the project site is located in a developed portion of the city of
Arroyo Grande in an LRA (CAL FIRE 2021). Temporary road detours could temporarily increase
emergency response times in the area; however, alternative routes and additional measures would be
implemented to ensure adequate emergency response to the project area (as described in Section 1.3.2,
Design Criteria and Construction Data, above). In addition, Mitigation Measure HAZ-1 has been
included to ensure adequate notice has been provided to local police and fire protection services prior to
the implementation of any road closures or detours. The FCFA has not expressed concerns regarding fire
protection services during construction of the project. Following construction, traffic circulation along
Traffic Way and emergency response efforts would be consistent with existing conditions and would not
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result in the need for new or expanded fire protection services. The project would replace the existing
Traffic Way bridge and relocate existing utility infrastructure. The project does not include components
that could permanently exacerbate fire risk or significantly increase demand on local fire protection
services. The project would not result in the need for new or physically altered governmental facilities for
fire protection. Therefore, impacts related to fire protection services for the project would be less than
significant with mitigation.
Police protection?
Temporary road detours could temporarily increase emergency response times in the area during
construction of the project; however, alternative routes would be available to ensure adequate emergency
response to the project area (as described in Section 1.3.2, Design Criteria and Construction Data,
above). Mitigation Measure HAZ-1 has been included to provide notice to local police and fire protection
services prior to the implementation of proposed road closures and detour routes. The AGPD has not
expressed concerns regarding police protection services during construction of the project. Following
construction, traffic circulation along Traffic Way would be consistent with existing conditions and would
not result in a permanent change to emergency response efforts that would require new or expanded
police protection facilities. The project does not propose construction of new residential homes,
businesses, or other facilities that would create an increased demand for police protection. The project
would not result in the need for new or physically altered governmental facilities for police protection;
therefore, impacts related to police protection for the project would be less than significant with
mitigation.
Schools?
As discussed in Section XIV, Population and Housing, the project would not induce direct or indirect
population growth. Implementation of the proposed project would not result in an increase of school-aged
children in the area; therefore, the project would not create an increased demand on local schools and no
impacts would occur.
Parks?
As discussed in Section XIV, Population and Housing, the project would not induce direct population
growth. Implementation of the proposed project would not result in a population increase that could result
in deterioration of existing recreation facilities or require the expansion of new facilities; therefore, the
project would not create an increased demand on public recreation facilities and no impacts would occur.
Other public facilities?
As discussed in Section XIV, Population and Housing, the project would not induce direct population
growth. The project does not propose features that would significantly increase the demand on public
facilities such as libraries or post offices or result in the need for new or physically altered governmen tal
facilities; therefore, no impacts would occur.
Conclusion
The proposed project would not result in the provision of or need for new or physically altered
governmental facilities. Additionally, the project does not have the potential to induce unplanned growth.
Consequently, the project would not increase demand for fire or police protection services, schools, parks,
libraries, or other public facilities. Therefore, no impacts would occur, and no mitigation is necessary.
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Mitigation Measures
Implement Mitigation Measure HAZ-1.
XVI. Recreation
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
(a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
☐ ☐ ☐ ☒
(b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
☐ ☐ ☐ ☒
Setting
The City of Arroyo Grande General Plan Parks and Recreation Element states that it is the overall goal
of the City to adequately provide for the recreational needs of residents and visitors of Arroyo Grande.
The Parks and Recreation Element acts as a guide for the development of additional park and recreation
facilities. The City currently funds public recreational facilities through the Quimby Act, federal and state
grants, land dedications and easements, trail easements, development impact fees, user fees, general
obligation bonds, revenue bonds, and cooperation with other agencies (City of Arroyo Grande 2001a).
Arroyo Grande prides itself on its beautiful array of parks, open space, and community recreational
facilities. The City provides and maintains recreational facilities, including 13 parks, the Soto Sports
Complex, fields and courts, and the James Way Oak Habitat open space and wildlife preserve (City of
Arroyo Grande 2021b). The nearest park to the project site is Heritage Square Park, located
approximately 1,000 feet east.
Environmental Evaluation
a) Would the project increase the use of existing neighborhood and regional parks
or other recreational facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
The proposed project includes replacement of the existing Traffic Way bridge and would not create a new
use that would generate unplanned population growth or increase demand on existing recreational
facilities. Therefore, implementation of the project would not result in deterioration of existing facilities,
and no impact would occur.
b) Does the project include recreational facilities or require the construction or
expansion of recreational facilities which might have an adverse physical effect
on the environment?
Traffic Way is currently designated as a Class II Bikeway in the City of Arroyo Grande Bicycle & Trails
Master Plan (City of Arroyo Grande 2012). The project includes replacement of the Traffic Way bridge,
including the existing bicycle lanes and pedestrian facilities. Following project construction, the Traffic
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Way bridge would continue to provide a Class II bike lane and adequate pedestrian facilities as identified
in the 2012 Bicycle & Trails Master Plan. The project does not include the development of new or
expansion of existing recreation facilities, including bikeways; therefore, no impacts related to the
construction or expansion of recreational facilities would occur.
Conclusion
Implementation of the proposed project would not result in increased use of existing recreational facilities
that could result in deterioration. The project does not include the construction of new or expansion of
existing recreational facilities. Following project construction, the Class II bike lane and pedestrian
facilities would be maintained along Traffic Way. Therefore, no impacts would occurimpacts would be
less than significant, and mitigation is not required.
Mitigation Measures
No mitigation is required.
XVII. Transportation
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Conflict with a program plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
☐ ☐ ☒ ☐
(b) Would the project conflict or be inconsistent with
CEQA Guidelines section 15064.3, subdivision (b)? ☐ ☐ ☒ ☐
(c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☒ ☐
(d) Result in inadequate emergency access? ☐ ☐ ☒ ☐
Setting
The City’s previous General Plan Circulation Element was adopted in 2001 and provides goals and
policies to maintain an acceptable level of service (LOS), create a multi-modal circulation system, and
coordinate land use and circulation (City of Arroyo Grande 2001a). The updated City of Arroyo Grande
General Plan Circulation Element was recently adopted in 2021 (City of Arroyo Grande 2021a). The
updated Circulation Element provides objectives and policy guidance for long-term planning and
implementation of the transportation system needed to serve the City’s projected development. The
objectives and policies in the updated Circulation Element are closely correlated with the City’s Land Use
Element and other elements that comprise the General Plan and are intended to enhance travel choices for
current and future residents, visitors, and workers. The updated Circulation Element also defines a
preferred transportation system that reflects the City’s financial resources and broader goals, including
providing safe and convenient access for all modes of travel while preserving the local character of the
community.
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The 2019 RTP/SCS, adopted on June 5, 2019, is a long-term blueprint of San Luis Obispo County’s
transportation system (SLOCOG 2019). The RTP/SCS identifies and analyzes transportation needs of the
region and creates a framework for project priorities. SLOCOG represents and works with the County and
the cities within the county in facilitating the development of the RTP/SCS.
Traffic Way is classified as an on-system arterial road based on Caltrans CRS Map 8S45 and the updated
Circulation Element. The original bridge was constructed in 1932 and consists of six 38-foot spans, for a
total bridge length of 228 feet. The bridge was originally part of the highway system and was relinquished
to the City in 1960. The bridge is a cast-in-place reinforced concrete tee-beam with a longitudinal
construction joint near the bridge centerline. The bridge measures 40 feet between curbs and has 6-foot
sidewalks on both sides with an open concrete railing that was mounted to the edge of the bridge. The
bridge originally carried four lanes of traffic but was reconfigured around 2008 to have three lanes of
through traffic with shoulders for a Class II bike route.
Traffic Way north of the bridge has three lanes with shoulders and sidewalks and quickly transitions into
an intersection with West Branch Street, approximately 300 feet north of the project site. South of the
bridge, Traffic Way is wider to account for a right-turn pocket onto Station Way and parking is allowed
on the north side of the roadway. Traffic volumes through the site are approximately 9,600 vehicles per
day per the 2016 Bridge Inspection Report. Traffic Way has a posted speed limit of 35 mph in both
directions.
Environmental Evaluation
a) Would the project conflict with a program plan, ordinance or policy addressing the
circulation system, including transit, roadway, bicycle and pedestrian facilities?
Traffic Way bridge provides passage over Arroyo Grande Creek. Based on the 2016 Bridge Inspection
Report, traffic volumes through the site are approximately 9,600 vehicles per day. Traffic Way is
classified as an urban arterial roadway and has an estimated future ADT rate of 11,000. The project
proposes replacement of the existing bridge and would include the same number of vehicle lanes, Class II
bicycle lanes, and pedestrian facilities (sidewalks, light posts, and fencing) as the existing bridge
structure. Operation of the project may result in infrequent maintenance trips on an as-needed basis,
consistent with existing operations, and would not increase vehicle trips to or from the project site.
Therefore, the project would be consistent with the updated Circulation Element and the 2019 RTP/SCS,
which aims to reduce VMT and provide opportunities for alternative modes of transportation.
Traffic Way is designated as a Class II Bikeway (Bike Lane) in the updated Circulation Element. The
bike lane is currently striped on Traffic Way from the intersection of West Branch Street to the
northbound US 101 off-ramp intersection with Traffic Way. When Traffic Way is temporarily closed for
construction of the bridge, bicycle traffic would be required to utilize a signed detour route towards
Bridge Street, which is an existing bike route, and would allow users continued access to their desired
destination. Bicycle traffic through the Village of Arroyo Grande would be maintained throughout
construction. Following construction activities, Traffic Way would be returned to a Class II bike lane,
which is consistent with the updated Circulation Element.
A pedestrian stairway adjacent to the existing bridge, and the pedestrian walkway on Traffic Way and
across the existing bridge, provide pedestrian access from Branch Street to Village Creek Plaza. The
pedestrian stairway and pedestrian access on the existing bridge would be temporarily closed during
construction. However, pedestrian access to Village Creek Plaza from Branch Street would be maintained
via the proposed temporary roadway detour using Traffic Way south of the construction area, the existing
pedestrian crosswalk on Traffic Way at Station Way, Nelson Street, and Bridge Street to Branch Street.
Following construction, the pedestrian stairway and pedestrian access on the bridge and Traffic Way
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would be fully restored. Therefore, the project would be consistent with the updated Circulation Element,
which aims to provide ample pedestrian and bicycle facilities.
The project would be consistent with the updated Circulation Element and 2012 Bicycle & Trails Master
Plan; therefore, impacts would be less than significant.
b) Would the project conflict or be inconsistent with CEQA Guidelines section
15064.3, subdivision (b)?
According to the Technical Advisory on Evaluating Transportation Impacts in CEQA (California
Governor’s Office of Planning and Research [OPR] 2018), projects that would not generate a potentially
significant level of VMT, that are consistent with an SCS or general plan, or that would generate or attract
fewer than 110 trips per day would not result in significant transportation impacts. The project does not
propose features that would increase long-term circulation to or from the project site. During operation, a
negligible number of trips may be required for infrequent maintenance activities on an as-needed basis,
consistent with existing operations. Implementation of the project would not result in or exceed 110 trips
per day and would not generate a significant increase in VMT. Therefore, project impacts would be less
than significant.
c) Would the project substantially increase hazards due to a geometric design
feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g.,
farm equipment)?
During project construction, temporary restriping along East Branch Street, Mason Street, and Bridge
Street would allow traffic to navigate through the project area more efficiently. In addition, a temporary
signal system and restriping at the Fair Oaks/US 101 southbound off-ramp intersection and restriping
and/or barriers south of Nelson Street would further accommodate temporary detour traffic. The proposed
temporary roadway detour would require the temporary loss of 17 existing on-street parking spaces.
Thirteen of those on-street parking spaces and one on-street loading zone are located on the north side of
West Branch Street between Bridge Street and Traffic Way. The temporary loss of on-street parking
spaces is necessary to accommodate restriping of Branch Street for two northbound lanes.
The temporary restriping and removal of street parking spaces along East Branch Street and Bridge Street
would result in the removal of a barrier between moving vehicles and pedestrians. However, there is
adequate space within the adjacent sidewalk to safely accommodate pedestrians and current speed limits
would limit vehicle speeds in these areas to 25 mph. In addition, additional traffic controls would be
implemented to maximize clarity and safety of the detour plan. These traffic controls would include high-
visibility signage, including use of retroreflective and/or fluorescent materials, traffic cones and/or
fencing, temporary stop controls, etc. and would be designed and implemented in accordance with the
U.S. Department of Transportation Federal Highway Administration (FHA) Manual on Uniform Traffic
Control Devices (MUTCD). Traffic control plans for handling traffic and pedestrians in construction
zones and for protection of workers would be required to conform with requirements set forth in Title 23
of the Code of Federal Regulations, Subpart J: Traffic Safety in Highway and Street Work Zones. Based
on the remaining sidewalk capacity for pedestrians, current 25mph speed limits, implementation of
mandatory safety control measures, and the temporary nature of the detour plan, potential hazards to
human safety resulting from implementation of the detour plan would be less than significant. For
additional analysis regarding noise impacts on nearby receptors resulting from the detour plan, see
Section XIII. Noise (threshold a), and for additional analysis regarding air pollutant impacts on nearby
receptors resulting from the implementation of the detour plan, see Section III, Air Quality (threshold c).
Traffic Way is classified as an urban arterial roadway and, per AASHTO standards, lane widths for urban
arterial roads can vary from 10 feet to 12 feet depending on the surrounding conditions. The project
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includes three 11-foot lanes, which would match the existing stripes and geometry of the approach
roadway. Per AASHTO standards, it is recommended that a Class II bike route includes 5-foot minimum
shoulders next to vertical curb faces. In addition, current Caltrans standards recommend 6-foot sidewalks
on all structures. In order to be consistent with existing roadway design standards and recommendations,
the overall bridge width would measure 59 feet and 4 inches. The project would be consistent with
AASHTO and Caltrans roadway design standards and recommendations. Therefore, implementation of
the project would not result in hazards due to proposed roadway design measures and impacts would be
less than significant.
d) Would the project result in inadequate emergency access?
Construction of the project would occur over a 97-month period and would likely require closure and/or
traffic controls along Traffic Way and surrounding roadways. FCFA Station 1 is located approximately
300 feet south of the Traffic Way bridge along Traffic Way and road closures and/or traffic controls may
impact FCFA emergency response times. In order to maintain access, FCFA Station 1 would be provided
a GPS EVP device during the construction phase to transmit a signal to the controller box and allow
northbound traffic along Traffic Way a green during a call for emergency response. It is anticipated that
this situation would be mostly prominent during the school year due to an increase in vehicle traffic along
Traffic Way. Since most of the construction would occur during the summer, impacts related to
emergency response would be limited. Other emergency response vehicles would be able to access the
project area through temporary road detours through the city. Based on proposed features to allow
emergency access during construction, the project would not result in significant impacts related to FCFA
emergency access. Following construction of the project, Traffic Way would be fully operational and
would provide adequate emergency access. Therefore, potential impacts related to emergency access
would be less than significant.
Conclusion
The project would be consistent with the updated Circulation Element and 2012 Bicycle & Trails Master
Plan. The project would generate a negligible amount of vehicle trips to and from the project site during
operation and would not exceed the established VMT threshold of 110 trips per day. Roadway design of
Traffic Way would be subject to AASHTO and Caltrans standards and recommendations and would not
result in hazardous features. The project includes components that would allow for emergency access
during temporary closure of Traffic Way. Additionally, operation of the project would not result in
inadequate emergency access. Therefore, impacts related to transportation would be less than significant,
and no mitigation is necessary.
Mitigation Measures
No mitigation is required.
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XVIII. Tribal Cultural Resources
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
(a) Would the project cause a substantial adverse
change in the significance of a tribal cultural resource,
defined in Public Resources Code section 21074 as
either a site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope
of the landscape, sacred place, or object with cultural
value to a California Native American tribe, and that
is:
(i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k), or
☐ ☒ ☐ ☐
(ii) A resource determined by the lead agency, in its
discretion and supported by substantial
evidence, to be significant pursuant to criteria set
forth in subdivision (c) of Public Resources Code
Section 5024.1. In applying the criteria set forth
in subdivision (c) of Public Resource Code
Section 5024.1, the lead agency shall consider
the significance of the resource to a California
Native American tribe.
☐ ☒ ☐ ☐
Setting
The project is located within lands traditionally occupied by the Obispeño Chumash. The term Chumash
initially applied only to the people living on Santa Cruz Island (SWCA 2021a). Chumash now refers to
the entire linguistic and ethnic group of societies that occupied the coast between San Luis Obispo and
northwestern Los Angeles County, including the Santa Barbara Channel Islands, and inland to the
southern edge of the San Joaquin Valley. Neighboring groups included the Salinan, Southern Valley
Yokuts and Tataviam on the north, and the Gabrielino (Tongva) to the east. Chumash place names in the
project vicinity include Pismu (Pismo Beach), Tematatimi (along Los Berros Creek), and Tilhini (near
San Luis Obispo) (SWCA 2021a).
Most Chumash managed to maintain a presence in the area into the early twentieth century as cowboys,
farmhands, and town laborers. The Catholic Church provided some land near Mission Santa Inés for ex-
neophytes. This land eventually was deeded to the U.S. government in 1901 as the 127-acre Santa Ynez
Reservation. Since the 1970s, Chumash descendants living in the city of Santa Barbara and the rural areas
of San Luis Obispo, Santa Barbara, and Ventura Counties have formed social and political organizations
to aid in cultural revitalization, to protect sacred areas and archaeological sites, and to petition for federal
recognition. Today, the Santa Ynez Band of Chumash Indians is the only federally recognized Chumash
tribe (SWCA 2021a).
Approved in 2014, AB 52 added tribal cultural resources to the categories of resources that must be
evaluated under CEQA. Tribal cultural resources are defined as either of the following:
1. Sites, features, cultural landscapes, sacred places, and objects with cultural value to a California
Native American tribe that are either of the following:
a. Included or determined to be eligible for inclusion in the CRHR; or
b. Included in a local register of historical resources as defined in PRC Section 5020.1(k).
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2. A resource determined by the lead agency, in its discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in PRC Section 5024.1(c). In applying these criteria
for the purposes of this paragraph, the lead agency shall consider the significance of the resource
to a California Native American Tribe.
Recognizing that tribes have expertise with regard to their tribal history and practices, AB 52 requires
lead agencies to provide notice to tribes that are traditionally and culturally affiliated with the geographic
area of a proposed project if they have requested notice of projects proposed within that area. If the tribe
requests consultation within 30 days upon receipt of the notice, the lead agency must consult with the
tribe regarding the potential for adverse impacts on tribal cultural resources as a result of a project.
Consultation may include discussing the type of environmental review necessary, the presence and/or
significance of tribal cultural resources, the level of significance of a project’s impacts on the tribal
cultural resources, and available project alternatives and mitigation measures recommended by the tribe to
avoid or lessen potential impacts on tribal cultural resources.
As part of background research for the ASR prepared for this project, the NAHC was contacted on March
16, 2020, requesting a search of their Sacred Lands File for traditional cultural resources. The NAHC
responded on March 17, 2020, indicating the results of the Sacred Lands File search were positive, and
previous studies had been conducted within the project area. The NAHC also provided a list of 11 Native
American groups, which were contacted on April 13, 2020. The following is a summary of received
responses:
• Patti Dunton, Tribal Administrator of the Salinan Tribe of Monterey and San Luis Obispo
Counties, did not have any specific information regarding cultural resources in the project area
but requested that a cultural resource specialist from her tribe be present on-site for the proposed
undertaking.
• Mona Tucker, Chair of the yak titʸu titʸu yak tiłhini Northern Chumash Tribe of San Luis Obispo
County and Region, recognized the importance of the project area and requested to receive a copy
of the results of the records search and conduct a site visit.
Per AB 52 requirements, the City provided the opportunity for tribal consultation on July 1, 2021. Nine
tribes were contacted, and the following response was received:
• The Tribal Elders’ Council for the Santa Ynez Band of Chumash Indians did not request any
further consultation based on the existing scope of the project and requested to be notified if the
existing scope of the project were to change.
There have been no other responses as of December 6, 2021.
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Environmental Evaluation
a) Would the project cause a substantial adverse change in the significance of a
tribal cultural resource, defined in Public Resources Code section 21074 as either
a site, feature, place, cultural landscape that is geographically defined in terms of
the size and scope of the landscape, sacred place, or object with cultural value to
a California Native American tribe, and that is:
a-i) Listed or eligible for listing in the California Register of Historical Resources, or in
a local register of historical resources as defined in Public Resources Code
section 5020.1(k)?
a-ii) A resource determined by the lead agency, in its discretion and supported by
substantial evidence, to be significant pursuant to criteria set forth in subdivision
(c) of Public Resources Code Section 5024.1. In applying the criteria set forth in
subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall
consider the significance of the resource to a California Native American tribe.
The City has provided notice of the opportunity to consult with appropriate tribes per the requirements of
AB 52. As discussed in Section IV, Cultural Resources, based on desktop-level review and field
investigation, the project site is not anticipated to contain tribal cultural resources that have been listed or
been found eligible for listing in the CRHR or in a local register of historical resources as defined in PRC
Section 5020.1. The project is located within and adjacent to Arroyo Grande Creek and would require
excavation and vegetation removal for construction of the proposed bridge. Based on the ASR prepared
for the project, there are no previously recorded archaeological resource sites within the project area and
field surveys did not identify any unknown resources (SWCA 2021a). Therefore, proposed ground
disturbance activities are not anticipated to adversely affect known or unknown tribal cultural resource
sites present within the project area. In addition, based on the scope of the project, there were no requests
for consultation from tribes contacted per AB 52 requirements. Mitigation Measure CR-1 has been
included in the unlikely event unknown tribal cultural resources are uncovered during proposed ground-
disturbing activities. Mitigation Measure CR-1 requires that work be halted in the vicinity of the find until
a qualified archaeologist can assess the significance of the find. Implementation of the identified
mitigation measure would ensure protection of tribal cultural resources during implementation of the
project; therefore, impacts would be less than significant with mitigation.
Conclusion
There is potential for unknown tribal cultural resources to be present within the project area. Mitigation
CR-1 has been included to mitigate impacts related to discovery of tribal cultural resources during
ground-disturbing construction activities. Therefore, with implementation of the identified mitigation
measure, impacts would be less than significant.
Mitigation Measures
Implement Mitigation Measure CR-1.
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XIX. Utilities and Service Systems
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Require or result in the relocation or construction of
new or expanded water, wastewater treatment or
storm water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
☐ ☒ ☐ ☐
(b) Have sufficient water supplies available to serve the
project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
☐ ☐ ☐ ☒
(c) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it
has adequate capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
☐ ☐ ☐ ☒
(d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
☐ ☐ ☒ ☐
(e) Comply with federal, state, and local management
and reduction statutes and regulations related to solid
waste?
☐ ☐ ☒ ☐
Setting
Utilities would be served by both the City and other regional entities. Water and wastewater services
within the City are provided by the City Public Works Department. The City has a franchise agreement
with South County Sanitary Service for collection, diversion, and disposal of solid waste and is served by
the Cold Canyon Landfill, located approximately 2 miles north of the city in unincorporated San Luis
Obispo County. The Cold Canyon Landfill currently has a daily capacity of 1,650 tons per day and an
estimated remaining capacity of 13,000,000 cubic yards. Currently, the estimated closure date for this
landfill is December 31, 2040 (California Department of Resources Recycling and Recovery
[CalRecycle] 2019).
There is existing utility infrastructure that crosses the Traffic Way bridge and/or is located within the
project footprint, including PG&E electrical lines, AT&T lines, a City water line, and a City storm drain
system.
Environmental Evaluation
a) Would the project require or result in the relocation or construction of new or
expanded water, wastewater treatment or storm water drainage, electric power,
natural gas, or telecommunications facilities, the construction or relocation of
which could cause significant environmental effects?
As previously described, there is existing utility infrastructure that crosses the Traffic Way bridge and/or
is located within the project footprint, including PG&E electrical lines, AT&T lines, a City water line, and
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a City storm drain system. The project includes replacement of the existing Traffic Way bridge and would
require relocation of existing utility infrastructure during construction of the new bridge. Implementation
of the proposed project has the potential to result in impacts to air quality, biological resources, cultural
resources, geology and soils, GHG emissions, energy, hazards and hazardous materials, hydrology and
water quality, noise, public services, tribal cultural resources, and wildfire. As described in the
corresponding resource sections, implementation of Mitigation Measures AQ-1 and AQ-2, BIO-1 through
BIO-9, CR-1, GEO-1, HAZ-1, and N-1 and N-2 would avoid and/or minimize potential environmental
impacts to less-than-significant levels. Therefore, impacts would be less than significant with mitigation.
b) Would the project have sufficient water supplies available to serve the project and
reasonably foreseeable future development during normal, dry and multiple dry
years?
The project does not require any connections to water and would not require any long-term operational
water use. During construction, water may be used for dust suppression; however, any water used during
construction would be limited in volume and would be supplied from off-site sources. The project
includes relocation of an existing City water pipe; however, the project would not increase or change the
existing use of the City’s water supply. Therefore, no impact would occur.
c) Would the project result in a determination by the wastewater treatment provider
which serves or may serve the project that it has adequate capacity to serve the
project’s projected demand in addition to the provider’s existing commitments?
Operation of the project does not include connection to any public or private wastewater treatment
providers. Portable restrooms would likely be used by workers and other personnel throughout the
construction period; therefore, the project would not require short- or long-term connections to
wastewater treatment providers, and no impact would occur.
d) Would the project generate solid waste in excess of State or local standards, or in
excess of the capacity of local infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
Construction of the project may result in a temporary increase in solid waste, which would be disposed of
in accordance with applicable state and local laws and regulations. The project would be serviced by Cold
Canyon Landfill, which has a remaining capacity of 13,000,000 cubic yards and an estimated closure date
of 2040 (CalRecycle 2019). Operation of the project would result in infrequent maintenance on an as-
needed basis, consistent with existing operations, and would not generate waste in excess of state or local
standards or in excess of the capacity of local infrastructure; therefore, impacts would be less than
significant.
e) Would the project comply with federal, state, and local management and reduction
statutes and regulations related to solid waste?
As previously described, operation of the project would not result in the long-term generation of solid
waste. Construction-related waste (i.e., excavated soils) would be disposed of according to federal and
state regulations. The project would not generate long-term solid waste and would be compliant with solid
waste reduction statutes and regulations. Therefore, impacts would be less than significant.
Conclusion
The project would require the relocation of existing utility infrastructure that may have adverse
environmental impacts. Mitigation Measures AQ-1 and AQ-2, BIO-1 through BIO-9, CR-1, GEO-1,
HAZ-1, and N-1 and N-2 have been included to reduce potential adverse impacts to less than significant.
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The project does not require connection to the City’s water supply or wastewater system. In addition, the
project would not result in solid waste in exceedance of federal, state, or local regulations. Therefore, with
implementation of the identified mitigation, impacts related to utilities and service systems would be less
than significant.
Mitigation Measures
Implement Mitigation Measures AQ-1 and AQ-2, BIO-1 through BIO-9, CR-1, GEO-1, HAZ-1, and N-1
and N-2.
XX. Wildfire
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the proje ct:
(a) Substantially impair an adopted emergency response
plan or emergency evacuation plan? ☐ ☒ ☐ ☐
(b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?
☐ ☐ ☒ ☐
(c) Require the installation or maintenance of associated
infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may
exacerbate fire risk or that may result in temporary or
ongoing impacts to the environment?
☐ ☐ ☒ ☐
(d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
☐ ☐ ☒ ☐
Setting
In central California, the fire season usually extends from May through October; however, recent events
indicate that wildfire behavior, frequency, and duration of the fire season are changing in California.
FHSZs are defined by CAL FIRE based on the presence of fire-prone vegetation, climate, topography,
assets at risk (e.g., high population centers), and a fire protection agency’s ability to provide service to the
area (CAL FIRE 2007). FHSZs throughout the county have been designated as “Very High,” “High,” or
“Moderate.” In San Luis Obispo County, most of the area that has been designated as a “Very High Fire
Hazard Severity Zone” is located in the Santa Lucia Mountains, which extend parallel to the coast along
the entire length of the county. The Moderate FHSZ designation does not mean the area cannot
experience a damaging fire; rather, it indicates that the probability is reduced, generally because the
number of days a year that the area has “fire weather” is less than in high or very high FHSZs. The city of
Arroyo Grande, including the project site, is located within an LRA, and is not a designated FHSZ
(CAL FIRE 2021).
The City’s Safety Element includes the objective of reducing the threat to life, structures, and the
environment caused by fire and includes specific policies related to pre-fire management; availability of
facilities, equipment, and personnel; readiness and response; and loss prevention (City of Arroyo Grande
2001a).
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The Multi-Jurisdictional LHMP was originally adopted in 2013 and modified in 2015. The intention of
the LHMP is to implement practical mitigation solutions to minimize risk of hazards within each city
covered by the LHMP. The plan includes specific action items related to fire hazard mitigation within
each jurisdiction (Mathe 2015).
Environmental Evaluation
a) If located in or near state responsibility areas or lands classified as very high fire
hazard severity zones, would the project substantially impair an adopted
emergency response plan or emergency evacuation plan?
The project site is located in an urbanized portion of the city within an LRA (CAL FIRE 2021). The
project includes replacement of the Traffic Way bridge that allows traffic to cross over Arroyo Grande
Creek in the central portion of the city. Construction activities would result in the temporary closure of
the Traffic Way bridge and may require other traffic controls and detours on surrounding roadways. The
construction period would extend approximately 97 months and temporary closures of roadways and
associated detours may result in temporary delays in emergency response and evacuation in the city. Any
short-term road closures or traffic controls would be required to provide prior notice and use proper
detour signage for public safety and circulation.
FCFA Station 1 is located approximately 300 feet south of the Traffic Way bridge along Traffic Way and
road closures and/or traffic controls may impact FCFA emergency response times. In order to maintain
access, FCFA Station 1 would be provided a GPS EVP device during the construction phase to transmit a
signal to the controller box and allow northbound traffic a green light during a call for emergency
response. While this situation would be most prominent during the school year due to an increase in
vehicle traffic along Traffic Way, year-round visitor serving uses would continue to contribute to
congestion within the project area during construction activities. Additionally, since wildfire occurrence is
highest during the summer, it can be assumed that an increase in calls for fire protection services would
occur during this time. In addition to the provision of a GPS EVP device, Mitigation Measure HAZ-1 has
been included to provide notice to local fire protection services prior to the implementation of any road
closures or detour routes. The project would also implement road detours that would maintain public
access throughout the city during closure of Traffic Way. Based on implementation of Mitigation
Measure HAZ-1 and proposed components to allow emergency access during construction, the project
would not result in significant impacts related to FCFA emergency access.
The project would result in the replacement of the Traffic Way bridge to avoid potential risk to the public
related to scour and would not result in the permanent closure of Traffic Way bridge or surrounding
roadways that could impede long-term emergency access and/or evacuation. Therefore, the project would
not substantially impair or interfere with the City’s Safety Element, the Multi-Jurisdictional LHMP, or
other emergency response or evacuation plans; therefore, impacts would be less than significant with
mitigation.
b) Due to slope, prevailing winds, and other factors, if located in or near state
responsibility areas or lands classified as very high fire hazard severity zones,
would the project exacerbate wildfire risks, and thereby expose project occupants
to, pollutant concentrations from a wildfire or the uncontrolled spread of a
wildfire?
The project area is located in a developed portion of the city in an LRA and is not designated as a State
Responsibility Area (SRA) or FHSZ. The average wind speed in the city ranges from 7.1 to 9.5 mph, with
the highest wind speeds occurring between the months of April and May (WeatherSpark 2021). The
project would result in the replacement of the Traffic Way bridge, which would reduce risk related to
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erosion surrounding the foundation of the bridge. Replacement of the existing bridge would not result in a
long-term increase in fire hazard within the project area. However, since construction would be limited to
the dry season (June 1-October 15), there is potential for construction activities to increase the risk of
wildfire ignition at the project site. The project would be required to comply with IFC Section 3312,
which establishes regulations to reduce the risk of wildfire ignition during construction and demolition
activities. Regulations include, but are not limited to, prohibiting smoking at the site, removal of
combustible waste materials (i.e., paper, rags, wood, etc.) from the project site, identifying proper
refueling methods, and establishing equipment standards. In addition, the project would not result in the
development of new buildings that could expose project occupants to wildfire risks or otherwise
exacerbate wildfire risks; therefore, impacts would be less than significant.
c) If located in or near state responsibility areas or lands classified as very high fire
hazard severity zones, would the project require the installation or maintenance of
associated infrastructure (such as roads, fuel breaks, emergency water sources,
power lines or other utilities) that may exacerbate fire risk or that may result in
temporary or ongoing impacts to the environment?
According to the CAL FIRE FHSZ Viewer, the project site is not located within or near an SRA (CAL
FIRE 2021). There is existing utility infrastructure that crosses the Traffic Way bridge and/or is located
within the project footprint, including PG&E electrical lines, AT&T lines, a City water line, and a City
storm drain system. The project includes replacement of the existing Traffic Way bridge and would
require relocation of existing utility infrastructure with the construction of the new bridge. As previously
identified, construction would be limited to the dry season (June 1-October 15), which has the potential to
increase the risk of wildfire ignition during utility installation at the project site. The project would be
required to comply with provisions of IFC Section 3312, including regulations and standards to reduce
the potential for the use of construction equipment at the project site to generate sparks or otherwise
increase the risk of wildfire. The project would not result in development or installation of additional or
extended roads, fuel breaks, or utilities that may exacerbate long-term fire risk within the project area.
Therefore, potential impacts would be less than significant.
d) If located in or near state responsibility areas or lands classified as very high fire
hazard severity zones, would the project expose people or structures to
significant risks, including downslope or downstream flooding or landslides, as a
result of runoff, post-fire slope instability, or drainage changes?
According to the CAL FIRE FHSZ Viewer, the project site is not located within or near an SRA (CAL
FIRE 2021). The project site is located in a developed portion of the city and would not be exposed to
significant wildfire risk. The project site consists of an existing bridge over Arroyo Grande Creek and is
characterized by relatively flat topography. Implementation of the project is not anticipated to result in
downslope or downstream flooding or landslides as a result of runoff, post-fire slope instability, or
drainage changes because the project site has a low potential for wildfire that could result in post-fire
ground failure events. Therefore, impacts would be less than significant.
Conclusion
The project site is not located in an SRA. In addition, the project does not include components that would
significantly increase the potential for long-term wildfire within the project area. The project would be
required to comply with Mitigation Measure HAZ-1 to ensure adequate emergency access is maintained
throughout construction and IFC Section 3312 to reduce the potential for wildfire ignition during project
construction. Since there is low potential for wildfire, implementation of the project is not anticipated to
result in any post-fire ground failure or other events. Therefore, impacts would be less than significant
with mitigation.
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Mitigation Measures
Implement Mitigation Measure HAZ-1.
XXI. Mandatory Findings of Significance
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
(a) Does the project have the potential to substantially
degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, substantially reduce the number or
restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major
periods of California history or prehistory?
☐ ☒ ☐ ☐
(b) Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects)?
☐ ☒ ☐ ☐
(c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
☐ ☒ ☐ ☐
Environmental Evaluation
a) Does the project have the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self-sustaining levels, threaten to
eliminate a plant or animal community, substantially reduce the number or restrict
the range of a rare or endangered plant or animal or eliminate important examples
of the major periods of California history or prehistory?
As discussed in the preceding sections, the project has the potential to significantly degrade the quality of
the environment, including effects on biological resources. During construction, ground disturbance
within and adjacent to Arroyo Grande Creek and construction of the project may affect biological
resources, including sensitive and special-status species, sensitive natural communities, and wetland
resources. Mitigation measures are identified to reduce potential impacts a less-than-significant level,
including, but not limited to, measures intended to prevent the inadvertent take of special-status plants
and animals, avoid the spread of invasive species, reduce impacts to arroyo willow thicket and associated
riparian vegetation, and avoid or minimize potential impacts to Arroyo Grande Creek.
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b) Does the project have impacts that are individually limited, but cumulatively
considerable? (“Cumulatively considerable” means that the incremental effects of
a project are considerable when viewed in connection with the effects of past
projects, the effects of other current projects, and the effects of probable future
projects)?
When project impacts are considered along or in combination with other impacts, the project-related
impacts may be significant. Construction and operation of the project have the potential to create erosion
and down-gradient sedimentation, result in accidental spill or commonly used hazardous materials,
generate air quality emissions, generate excessive construction noise, and disturb special-status biological
resources, paleontological resources, and cultural resources. Mitigation measures have been incorporated
into the project to reduce project-related impacts to a less-than-significant level. Based on implementation
of identified project-specific mitigation measures, the cumulative effects of the proposed project would be
less than significant.
c) Does the project have environmental effects which will cause substantial adverse
effects on human beings, either directly or indirectly?
Implementation of the project would result in the generation of pollutants, which may affect air quality
and/or water quality. The project may result in accidental spill of commonly used hazardous materials. In
addition, the project may generate excessive noise during proposed construction activities. Mitigation
measures have been developed that would reduce these project-specific impacts to a less-than-significant
level; therefore, the project would not result in substantial, adverse environmental effects to human
beings, either directly or indirectly.
Conclusion
With implementation of Mitigation Measures AQ-1 and AQ-2, BIO-1 through BIO-9, CR-1, GEO-1,
HAZ-1, and N-1 and N-2, impacts would be less than significant with mitigation.
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3 REFERENCES
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———. 2020. Bridge Inspection Report. Prepared by Caltrans Structure Maintenance and Investigations.
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———. 2021a. California Road System – Functional Classification. Available at:
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———. 2021b. Local Assistance Procedures Manual. Available at: https://dot.ca.gov/programs/local-
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———. 2021c. Scenic Highways Mapper. Available at:
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California Governor’s Office of Planning and Research (OPR). 2018. Technical Advisory on Evaluation
Transportation Impacts in CEQA. December. Available at:
https://www.opr.ca.gov/docs/20190122-743_Technical_Advisory.pdf. Accessed July 14, 2021.
California Public Utilities Commission (CPUC). 2005. DCPP Steam Generator Replacement Project
Draft Environmental Impact Report. Available at:
https://ia.cpuc.ca.gov/environment/info/aspen/diablocanyon/deir/d05_geology.pdf. Accessed
September 22, 2021.
Central Coast Regional Water Quality Control Board (RWQCB). 2013. Post-Construction Stormwater
Management Requirements for Development Projects in the Central Coast Region. Available at:
https://www.waterboards.ca.gov/centralcoast/water_issues/programs/stormwater/docs/lid/hydro
mod_lid_docs/2013_0032_attach1_post_construction_requirements.pdf. Accessed September
15, 2021.
City of Arroyo Grande. 1994. Design Guidelines and Standards for the Historic Character Overlay
District. Available at: https://www.arroyogrande.org/DocumentCenter/View/280/Village-
Design-Guidelines-PDF. Accessed September 2021.
———. 2001a. City of Arroyo Grande General Plan Circulation, Land Use, Safety, Noise, Parks and
Recreation Elements. Available at: https://www.arroyogrande.org/142/Planning-Division.
Accessed September 2021.
———. 2001b. Integrated Program EIR Master Plan. Available at:
http://www.arroyogrande.org/DocumentCenter/View/2080/General-Plan-Integrated-Program-
EIR?bidId=. Accessed September 2021.
———. 2007. City of Arroyo Grande General Plan Agriculture, Conservation and Open Space Element.
Available at: https://www.arroyogrande.org/142/Planning-Division. Accessed September 2021.
———. 2012. City of Arroyo Grande Bicycle & Trails Master Plan. Available at:
http://www.arroyogrande.org/DocumentCenter/View/276/Bicycle-and-Trails-Master-Plan.
Accessed April 2021.
———. 2013. City of Arroyo Grande Climate Action Plan. Available at:
https://www.arroyogrande.org/DocumentCenter/View/1327/Climate-Action-Plan-PDF.
Accessed September 2021.
———. 2014. Design Guidelines and Standards for Design Overlay District (D-2.11) – Traffic Way and
Station Way. Available at: https://www.arroyogrande.org/DocumentCenter/View/1351/Design-
Guidelines-and-Standards-for-Design-Overlay-District-D-211-Traffic-Way--Station-Way-PDF.
Accessed September 2021.
———. 2018. Land Use Map. Available at:
https://www.arroyogrande.org/DocumentCenter/View/477/Land-Use-Map. Accessed September
2021.
———. 2021a. City of Arroyo Grande General Plan Circulation Element. Available at:
http://www.arroyogrande.org/DocumentCenter/View/9843/Circulation-Element-Final. Accessed
September 2021.
———. 2021b. City Park and Facilities. Available at: https://www.arroyogrande.org/711/City-Parks-
Facilities. Accessed September 10, 2021.
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County of San Luis Obispo. 1999. Safety Element. Available at:
https://www.slocounty.ca.gov/Departments/Planning-Building/Forms-Documents/Plans-and-
Elements/Elements/Safety-Element.pdf. December 14, 1999. Accessed September 14, 2021.
_____. 2007. Airport Land Use Plan for the Oceano County Airport. County of San Luis Obispo Airport
Land Use Commission. Adopted February 1976, amended May 2007. Available at:
https://www.sloairport.com/wp-content/uploads/2017/11/OceanoALUP-final.pdf. Accessed
September 2020.
_____. 2011. County of San Luis Obispo EnergyWise Plan. Available at:
https://www.slocounty.ca.gov/Departments/Planning-Building/Energy-and-Climate/Energy-
Climate-Reports/EnergyWise-Plan.aspx. Accessed September 15, 2021.
———. 2020. Arroyo Grande Groundwater Basin. Available at:
https://www.slocounty.ca.gov/Departments/Public-Works/Committees-Programs/Sustainable-
Groundwater-Management-Act-(SGMA)/Arroyo-Grande-Groundwater-Basin.aspx. Accessed
September 20, 2021.
_____. 2021. Land Use View. Available at:
https://gis.slocounty.ca.gov/Html5Viewer/Index.html?configBase=/Geocortex/Essentials/REST/
sites/PL_LandUseView/viewers/PL_LandUseView/virtualdirectory/Resources/Config/Default.
Accessed September 2021.
Federal Emergency Management Agency (FEMA). 2020. Flood Insurance Rate Maps (FIRM). Available
at: https://msc.fema.gov/portal/home. Accessed September 20, 2021.
Federal Highway Administration (FHWA). 2018. Techniques for Reviewing Noise Analysis and
Associated Noise Reports. Available at:
https://www.fhwa.dot.gov/Environment/noise/resources/reviewing_noise_analysis/fhwahep1806
7.pdf. Accessed September 2020.
Federal Transit Administration (FTA). 2018. Transit Noise and Vibration Impact Assessment Manual.
FTA Report No. 0123. Washington D.C. September 2018. Available at:
https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-
and-vibration-impact-assessment-manual-fta-report-no-0123_0.pdf. Accessed September 2020.
Five Cities Fire Authority (FCFA). 2021. Five Cities Fire – At a Glance. Available at:
http://www.fivecitiesfireauthority.org/fivecitiesfireataglance. Accessed September 20, 2021.
Mathe, David. 2015. Multi-Jurisdictional Local Hazard Mitigation Plan. Prepared by David L. Mathe,
Emergency Preparedness Coordinator, Five Cities Fire Authority. Available at:
http://www.arroyogrande.org/DocumentCenter/View/3857/Local-Hazard-Mitigation-Plan-PDF.
Accessed September 2021.
Quincy Engineering. 2021. Draft Type Selection Report, Arroyo Grande Creek Bridge at Traffic Way
Bridge Replacement Project. Prepared for the City of Arroyo Grande. August 2021.
San Luis Obispo County Air Pollution Control District (SLOAPCD). 2001. San Luis Obispo County 2001
Clean Air Plan. December. Available at: https://storage.googleapis.com/slocleanair-
org/images/cms/upload/files/business/pdf/CAP.pdf. Accessed September 2021.
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———. 2012. CEQA Air Quality Handbook. April. Available at:
https://storage.googleapis.com/slocleanair-
org/images/cms/upload/files/CEQA_Handbook_2012_v2%20%28Updated%20Map2019%29_L
inkedwithMemo.pdf. Accessed September 2021.
_____. 2017. Clarification Memorandum for the San Luis Obispo County Air Pollution Control District’s
2012 CEQA Air Quality Handbook. Available at: https://storage.googleapis.com/slocleanair-
org/images/cms/upload/files/FINAL_Clarification%20Memorandum%2020172.pdf. Accessed
July 16, 2021.
———. 2019. San Luis Obispo County Attainment Status. Available at:
https://storage.googleapis.com/slocleanair-
org/images/cms/upload/files/AttainmentStatus29January2019.pdf. Accessed September 2021.
———. 2021. Naturally Occurring Asbestos Map. Available at:
https://www.google.com/maps/d/u/0/viewer?mid=1YAKjBzVkwi1bZ4rQ1p6b2OMyvIM&ll=35
.364986805363756%2C-120.52563349999998&z=9. Accessed September 2021.
San Luis Obispo Council of Governments (SLOCOG). 2019. 2019 Regional Transportation Plan. June 5.
Available at:
https://www.dropbox.com/s/oc6i8wshikuirsh/__FINAL%202019%20RTP.pdf?dl=0. Accessed
September 22, 2021.
SLO Watershed Project. 2020. Arroyo Grande Creek Watershed. Available at:
http://slowatershedproject.org/watersheds/arroyo-grande-creek/. Accessed September 2021.
SWCA Environmental Consultants (SWCA). 2021a. Archaeological Survey Report for the Traffic Way
over Arroyo Grande Creek Bridge Replacement Project, Arroyo Grande, San Luis Obispo
County, California. Draft. September.
———. 2021b. Historical Resources Evaluation Report for the Traffic Way over Arroyo Grande Creek
Bridge Replacement Project, Federal Project No. BRLS-5199(030), Arroyo Grande, San Luis
Obispo County, California. Draft. August.
———. 2021c. Land Use, Community, and Farmland Impacts Technical Memorandum for the Traffic
Way Bridge Replacement Project, Arroyo Grande, San Luis Obispo County, California / SWCA
Project No. 53479. September.
———. 2021d. Noise Impact Analysis for the Traffic Way Bridge Replacement Project No. 5199(030),
Arroyo Grande, San Luis Obispo County, California. Draft. September.
———. 2021e. Traffic Way Bridge Replacement Project Natural Environment Study. Draft. September.
———. 2021f. Visual Impact Assessment Memorandum for the Traffic Way Bridge Replacement Project,
Arroyo Grande, San Luis Obispo County, California / Federal Project No. BRLS-5199(030) /
SWCA No. 53479. Draft. August.
———. 2021g. Water Quality Assessment for the Traffic Way Bridge Replacement Project Federal
Project No. 5199(030), Arroyo Grande, San Luis Obispo County, California. Draft. August.
———. 2021h. Wetlands and Waters Delineation and Assessment Arroyo Grande Creek Bridge At
Traffic Way Replacement Project. Draft. July.
Page 188 of 575
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State Water Resources Control Board (SWRCB). 2021. Geotracker. Available at:
http://geotracker.waterboards.ca.gov/. Accessed September 15, 2021.
U.S. Census Bureau. 2010. City of Arroyo Grande Quickfacts. Available at:
https://www.census.gov/quickfacts/fact/table/arroyograndecitycalifornia,fountainvalleycitycalifo
rnia,claremontcitycalifornia,cherrylandcdpcalifornia,nationalcitycitycalifornia,placervillecitycali
fornia#. Accessed September 10, 2021.
U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS). 2021. Web
Soil Survey. Available at: https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx.
Accessed September 21, 2021.
U.S. Geological Survey (USGS). 2021a. Areas of Land Subsidence in California. Available at:
https://ca.water.usgs.gov/land_subsidence/california-subsidence-areas.html. Accessed
September 21, 2021.
———. 2021b. National Geologic Map Database. Available at:
https://ngmdb.usgs.gov/Geolex/UnitRefs/SquireRefs_11983.html. Accessed September 10,
2021.
U.S. Fish and Wildlife Service (USFWS). 2021. National Wetlands Inventory Surface Waters and
Wetlands. Available at: https://www.fws.gov/wetlands/data/Mapper.html. Accessed September
21, 2021.
U.S. Environmental Protection Agency (USEPA). 2017. What are Sensitive Receptors? Available at:
https://www3.epa.gov/region1/eco/uep/sensitivereceptors.html. Accessed September 2020.
WeatherSpark. 2021. Climate and Average Weather Year Round in Arroyo Grande California, United
States. Available at: https://weatherspark.com/y/1273/Average-Weather-in-Arroyo-Grande-
California-United-States-Year-Round. Accessed September 20, 2021.
World Population Review. 2021. Arroyo Grande, California Population 2021. Available at:
https://worldpopulationreview.com/us-cities/arroyo-grande-ca-population. Accessed September
20, 2021.
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APPENDIX A
California Emissions Estimator Model (Version 2020.4.0)
Annual and Winter Results
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1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population
Other Asphalt Surfaces 21.83 1000sqft 0.50 21,830.00 0
1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
4
Wind Speed (m/s)Precipitation Freq (Days)3.2 44
1.3 User Entered Comments & Non-Default Data
1.0 Project Characteristics
Utility Company Pacific Gas & Electric Company
2023Operational Year
CO2 Intensity
(lb/MWhr)
641.35 0.029CH4 Intensity
(lb/MWhr)
0.006N2O Intensity
(lb/MWhr)
Traffic Way Bridge Replacement
San Luis Obispo County, Annual
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Project Characteristics - The project site is located in Arroyo Grande, California
Construction is estimated to occur over nine months
Land Use - The proposed bridge would be appx 59 feet wide and 370 feet long
Construction Phase - Ground disturbance is anticipated to 7 months (May - December)
Off-road Equipment -
Off-road Equipment -
Off-road Equipment -
Off-road Equipment -
Off-road Equipment -
Off-road Equipment -
Grading - The project would result in the temporary disturbance of 3 acres
Demolition -
Trips and VMT -
On-road Fugitive Dust -
Architectural Coating -
Vehicle Trips -
Vehicle Emission Factors -
Vehicle Emission Factors -
Vehicle Emission Factors -
Fleet Mix -
Road Dust -
Area Coating -
Consumer Products -
Landscape Equipment -
Energy Use -
Water And Wastewater -
Solid Waste -
Construction Off-road Equipment Mitigation -
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2.0 Emissions Summary
Table Name Column Name Default Value New Value
tblConstructionPhase NumDays 100.00 33.00
tblConstructionPhase NumDays 2.00 144.00
tblConstructionPhase PhaseEndDate 10/19/2022 1/31/2024
tblConstructionPhase PhaseEndDate 10/5/2022 1/17/2024
tblConstructionPhase PhaseEndDate 5/13/2022 5/12/2023
tblConstructionPhase PhaseEndDate 5/18/2022 12/1/2023
tblConstructionPhase PhaseEndDate 10/12/2022 1/24/2024
tblConstructionPhase PhaseEndDate 5/16/2022 5/15/2023
tblConstructionPhase PhaseStartDate 10/13/2022 1/25/2024
tblConstructionPhase PhaseStartDate 5/19/2022 12/3/2023
tblConstructionPhase PhaseStartDate 5/2/2022 5/1/2023
tblConstructionPhase PhaseStartDate 5/17/2022 5/16/2023
tblConstructionPhase PhaseStartDate 10/6/2022 1/18/2024
tblConstructionPhase PhaseStartDate 5/14/2022 5/14/2023
tblGrading AcresOfGrading 0.00 3.00
tblGrading MaterialExported 0.00 400.00
tblGrading MaterialImported 0.00 550.00
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2.1 Overall Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2023 0.0601 0.5370 0.6713 1.1900e-
003
0.0751 0.0251 0.1002 0.0341 0.0239 0.0580 0.0000 104.8817 104.8817 0.0186 0.0000 105.3466
2024 0.0114 0.0571 0.0712 1.2000e-
004
1.1600e-
003
2.6000e-
003
3.7700e-
003
3.1000e-
004
2.4200e-
003
2.7300e-
003
0.0000 10.7402 10.7402 2.8700e-
003
0.0000 10.8120
Maximum 0.0601 0.5370 0.6713 1.1900e-
003
0.0751 0.0251 0.1002 0.0341 0.0239 0.0580 0.0000 104.8817 104.8817 0.0186 0.0000 105.3466
Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2023 0.0601 0.5370 0.6713 1.1900e-
003
0.0751 0.0251 0.1002 0.0341 0.0239 0.0580 0.0000 104.8816 104.8816 0.0186 0.0000 105.3465
2024 0.0114 0.0571 0.0712 1.2000e-
004
1.1600e-
003
2.6000e-
003
3.7700e-
003
3.1000e-
004
2.4200e-
003
2.7300e-
003
0.0000 10.7402 10.7402 2.8700e-
003
0.0000 10.8120
Maximum 0.0601 0.5370 0.6713 1.1900e-
003
0.0751 0.0251 0.1002 0.0341 0.0239 0.0580 0.0000 104.8816 104.8816 0.0186 0.0000 105.3465
Mitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 1.9000e-
003
0.0000 3.7000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 7.2000e-
004
7.2000e-
004
0.0000 0.0000 7.6000e-
004
Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Waste 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Water 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Total 1.9000e-
003
0.0000 3.7000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 7.2000e-
004
7.2000e-
004
0.0000 0.0000 7.6000e-
004
Unmitigated Operational
Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter)
4 2-2-2023 5-1-2023 0.0029 0.0029
5 5-2-2023 8-1-2023 0.2216 0.2216
6 8-2-2023 11-1-2023 0.2186 0.2186
7 11-2-2023 2-1-2024 0.2138 0.2138
Highest 0.2216 0.2216
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2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 1.9000e-
003
0.0000 3.7000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 7.2000e-
004
7.2000e-
004
0.0000 0.0000 7.6000e-
004
Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Waste 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Water 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Total 1.9000e-
003
0.0000 3.7000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 7.2000e-
004
7.2000e-
004
0.0000 0.0000 7.6000e-
004
Mitigated Operational
3.0 Construction Detail
Construction Phase
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
CalEEMod Version: CalEEMod.2016.3.2 Date: 12/6/2021 2:40 PMPage 6 of 33
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Page 197 of 575
Phase
Number
Phase Name Phase Type Start Date End Date Num Days
Week
Num Days Phase Description
1 Demolition Demolition 5/1/2023 5/12/2023 5 10
2 Site Preparation Site Preparation 5/14/2023 5/15/2023 5 1
3 Grading Grading 5/16/2023 12/1/2023 5 144
4 Building Construction Building Construction 12/3/2023 1/17/2024 5 33
5 Paving Paving 1/18/2024 1/24/2024 5 5
6 Architectural Coating Architectural Coating 1/25/2024 1/31/2024 5 5
OffRoad Equipment
Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 1,310
(Architectural Coating ±sqft)
Acres of Grading (Site Preparation Phase): 0.5
Acres of Grading (Grading Phase): 3
Acres of Paving: 0.5
CalEEMod Version: CalEEMod.2016.3.2 Date: 12/6/2021 2:40 PMPage 7 of 33
Traffic Way Bridge Replacement - San Luis Obispo County, Annual
Page 198 of 575
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor
Architectural Coating Air Compressors 1 6.00 78 0.48
Paving Cement and Mortar Mixers 4 6.00 9 0.56
Demolition Concrete/Industrial Saws 1 8.00 81 0.73
Grading Concrete/Industrial Saws 1 8.00 81 0.73
Building Construction Cranes 1 4.00 231 0.29
Building Construction Forklifts 2 6.00 89 0.20
Site Preparation Graders 1 8.00 187 0.41
Paving Pavers 1 7.00 130 0.42
Paving Rollers 1 7.00 80 0.38
Demolition Rubber Tired Dozers 1 1.00 247 0.40
Grading Rubber Tired Dozers 1 1.00 247 0.40
Building Construction Tractors/Loaders/Backhoes 2 8.00 97 0.37
Demolition Tractors/Loaders/Backhoes 2 6.00 97 0.37
Grading Tractors/Loaders/Backhoes 2 6.00 97 0.37
Paving Tractors/Loaders/Backhoes 1 7.00 97 0.37
Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 4 10.00 0.00 79.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT
Site Preparation 2 5.00 0.00 0.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT
Grading 4 10.00 0.00 119.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT
Building Construction 5 9.00 4.00 0.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT
Paving 7 18.00 0.00 0.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT
Architectural Coating 1 2.00 0.00 0.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT
CalEEMod Version: CalEEMod.2016.3.2 Date: 12/6/2021 2:40 PMPage 8 of 33
Traffic Way Bridge Replacement - San Luis Obispo County, Annual
Page 199 of 575
3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 8.7800e-
003
0.0000 8.7800e-
003
1.3300e-
003
0.0000 1.3300e-
003
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Off-Road 3.2300e-
003
0.0289 0.0370 6.0000e-
005
1.4100e-
003
1.4100e-
003
1.3500e-
003
1.3500e-
003
0.0000 5.2091 5.2091 9.5000e-
004
0.0000 5.2328
Total 3.2300e-
003
0.0289 0.0370 6.0000e-
005
8.7800e-
003
1.4100e-
003
0.0102 1.3300e-
003
1.3500e-
003
2.6800e-
003
0.0000 5.2091 5.2091 9.5000e-
004
0.0000 5.2328
Unmitigated Construction On-Site
3.1 Mitigation Measures Construction
CalEEMod Version: CalEEMod.2016.3.2 Date: 12/6/2021 2:40 PMPage 9 of 33
Traffic Way Bridge Replacement - San Luis Obispo County, Annual
Page 200 of 575
3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 2.1000e-
004
7.6800e-
003
2.2700e-
003
3.0000e-
005
6.7000e-
004
2.0000e-
005
6.9000e-
004
1.9000e-
004
2.0000e-
005
2.0000e-
004
0.0000 2.8883 2.8883 1.7000e-
004
0.0000 2.8925
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 1.8000e-
004
1.4000e-
004
1.3000e-
003
0.0000 4.8000e-
004
0.0000 4.8000e-
004
1.3000e-
004
0.0000 1.3000e-
004
0.0000 0.3610 0.3610 1.0000e-
005
0.0000 0.3612
Total 3.9000e-
004
7.8200e-
003
3.5700e-
003
3.0000e-
005
1.1500e-
003
2.0000e-
005
1.1700e-
003
3.2000e-
004
2.0000e-
005
3.3000e-
004
0.0000 3.2493 3.2493 1.8000e-
004
0.0000 3.2537
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 8.7800e-
003
0.0000 8.7800e-
003
1.3300e-
003
0.0000 1.3300e-
003
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Off-Road 3.2300e-
003
0.0289 0.0370 6.0000e-
005
1.4100e-
003
1.4100e-
003
1.3500e-
003
1.3500e-
003
0.0000 5.2091 5.2091 9.5000e-
004
0.0000 5.2328
Total 3.2300e-
003
0.0289 0.0370 6.0000e-
005
8.7800e-
003
1.4100e-
003
0.0102 1.3300e-
003
1.3500e-
003
2.6800e-
003
0.0000 5.2091 5.2091 9.5000e-
004
0.0000 5.2328
Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2016.3.2 Date: 12/6/2021 2:40 PMPage 10 of 33
Traffic Way Bridge Replacement - San Luis Obispo County, Annual
Page 201 of 575
3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 2.1000e-
004
7.6800e-
003
2.2700e-
003
3.0000e-
005
6.7000e-
004
2.0000e-
005
6.9000e-
004
1.9000e-
004
2.0000e-
005
2.0000e-
004
0.0000 2.8883 2.8883 1.7000e-
004
0.0000 2.8925
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 1.8000e-
004
1.4000e-
004
1.3000e-
003
0.0000 4.8000e-
004
0.0000 4.8000e-
004
1.3000e-
004
0.0000 1.3000e-
004
0.0000 0.3610 0.3610 1.0000e-
005
0.0000 0.3612
Total 3.9000e-
004
7.8200e-
003
3.5700e-
003
3.0000e-
005
1.1500e-
003
2.0000e-
005
1.1700e-
003
3.2000e-
004
2.0000e-
005
3.3000e-
004
0.0000 3.2493 3.2493 1.8000e-
004
0.0000 3.2537
Mitigated Construction Off-Site
3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 2.7000e-
004
0.0000 2.7000e-
004
3.0000e-
005
0.0000 3.0000e-
005
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Off-Road 2.7000e-
004
3.0900e-
003
1.9600e-
003
0.0000 1.1000e-
004
1.1000e-
004
1.0000e-
004
1.0000e-
004
0.0000 0.4275 0.4275 1.4000e-
004
0.0000 0.4309
Total 2.7000e-
004
3.0900e-
003
1.9600e-
003
0.0000 2.7000e-
004
1.1000e-
004
3.8000e-
004
3.0000e-
005
1.0000e-
004
1.3000e-
004
0.0000 0.4275 0.4275 1.4000e-
004
0.0000 0.4309
Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2016.3.2 Date: 12/6/2021 2:40 PMPage 11 of 33
Traffic Way Bridge Replacement - San Luis Obispo County, Annual
Page 202 of 575
3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 1.0000e-
005
1.0000e-
005
7.0000e-
005
0.0000 2.0000e-
005
0.0000 2.0000e-
005
1.0000e-
005
0.0000 1.0000e-
005
0.0000 0.0181 0.0181 0.0000 0.0000 0.0181
Total 1.0000e-
005
1.0000e-
005
7.0000e-
005
0.0000 2.0000e-
005
0.0000 2.0000e-
005
1.0000e-
005
0.0000 1.0000e-
005
0.0000 0.0181 0.0181 0.0000 0.0000 0.0181
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 2.7000e-
004
0.0000 2.7000e-
004
3.0000e-
005
0.0000 3.0000e-
005
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Off-Road 2.7000e-
004
3.0900e-
003
1.9600e-
003
0.0000 1.1000e-
004
1.1000e-
004
1.0000e-
004
1.0000e-
004
0.0000 0.4275 0.4275 1.4000e-
004
0.0000 0.4309
Total 2.7000e-
004
3.0900e-
003
1.9600e-
003
0.0000 2.7000e-
004
1.1000e-
004
3.8000e-
004
3.0000e-
005
1.0000e-
004
1.3000e-
004
0.0000 0.4275 0.4275 1.4000e-
004
0.0000 0.4309
Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2016.3.2 Date: 12/6/2021 2:40 PMPage 12 of 33
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Page 203 of 575
3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 1.0000e-
005
1.0000e-
005
7.0000e-
005
0.0000 2.0000e-
005
0.0000 2.0000e-
005
1.0000e-
005
0.0000 1.0000e-
005
0.0000 0.0181 0.0181 0.0000 0.0000 0.0181
Total 1.0000e-
005
1.0000e-
005
7.0000e-
005
0.0000 2.0000e-
005
0.0000 2.0000e-
005
1.0000e-
005
0.0000 1.0000e-
005
0.0000 0.0181 0.0181 0.0000 0.0000 0.0181
Mitigated Construction Off-Site
3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0559 0.0000 0.0559 0.0300 0.0000 0.0300 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Off-Road 0.0465 0.4161 0.5323 8.6000e-
004
0.0203 0.0203 0.0194 0.0194 0.0000 75.0108 75.0108 0.0137 0.0000 75.3519
Total 0.0465 0.4161 0.5323 8.6000e-
004
0.0559 0.0203 0.0762 0.0300 0.0194 0.0494 0.0000 75.0108 75.0108 0.0137 0.0000 75.3519
Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2016.3.2 Date: 12/6/2021 2:40 PMPage 13 of 33
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Page 204 of 575
3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 3.2000e-
004
0.0116 3.4300e-
003
4.0000e-
005
1.0200e-
003
3.0000e-
005
1.0500e-
003
2.8000e-
004
3.0000e-
005
3.1000e-
004
0.0000 4.3507 4.3507 2.5000e-
004
0.0000 4.3570
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 2.5900e-
003
2.0700e-
003
0.0188 6.0000e-
005
6.9300e-
003
4.0000e-
005
6.9700e-
003
1.8400e-
003
4.0000e-
005
1.8800e-
003
0.0000 5.1985 5.1985 1.4000e-
004
0.0000 5.2019
Total 2.9100e-
003
0.0136 0.0222 1.0000e-
004
7.9500e-
003
7.0000e-
005
8.0200e-
003
2.1200e-
003
7.0000e-
005
2.1900e-
003
0.0000 9.5492 9.5492 3.9000e-
004
0.0000 9.5589
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0559 0.0000 0.0559 0.0300 0.0000 0.0300 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Off-Road 0.0465 0.4161 0.5323 8.6000e-
004
0.0203 0.0203 0.0194 0.0194 0.0000 75.0107 75.0107 0.0137 0.0000 75.3518
Total 0.0465 0.4161 0.5323 8.6000e-
004
0.0559 0.0203 0.0762 0.0300 0.0194 0.0494 0.0000 75.0107 75.0107 0.0137 0.0000 75.3518
Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2016.3.2 Date: 12/6/2021 2:40 PMPage 14 of 33
Traffic Way Bridge Replacement - San Luis Obispo County, Annual
Page 205 of 575
3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 3.2000e-
004
0.0116 3.4300e-
003
4.0000e-
005
1.0200e-
003
3.0000e-
005
1.0500e-
003
2.8000e-
004
3.0000e-
005
3.1000e-
004
0.0000 4.3507 4.3507 2.5000e-
004
0.0000 4.3570
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 2.5900e-
003
2.0700e-
003
0.0188 6.0000e-
005
6.9300e-
003
4.0000e-
005
6.9700e-
003
1.8400e-
003
4.0000e-
005
1.8800e-
003
0.0000 5.1985 5.1985 1.4000e-
004
0.0000 5.2019
Total 2.9100e-
003
0.0136 0.0222 1.0000e-
004
7.9500e-
003
7.0000e-
005
8.0200e-
003
2.1200e-
003
7.0000e-
005
2.1900e-
003
0.0000 9.5492 9.5492 3.9000e-
004
0.0000 9.5589
Mitigated Construction Off-Site
3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 6.3200e-
003
0.0642 0.0710 1.1000e-
004
3.2000e-
003
3.2000e-
003
2.9500e-
003
2.9500e-
003
0.0000 10.0208 10.0208 3.2400e-
003
0.0000 10.1019
Total 6.3200e-
003
0.0642 0.0710 1.1000e-
004
3.2000e-
003
3.2000e-
003
2.9500e-
003
2.9500e-
003
0.0000 10.0208 10.0208 3.2400e-
003
0.0000 10.1019
Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2016.3.2 Date: 12/6/2021 2:40 PMPage 15 of 33
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Page 206 of 575
3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 9.0000e-
005
2.9800e-
003
9.0000e-
004
1.0000e-
005
1.8000e-
004
0.0000 1.9000e-
004
5.0000e-
005
0.0000 6.0000e-
005
0.0000 0.7472 0.7472 4.0000e-
005
0.0000 0.7482
Worker 3.2000e-
004
2.6000e-
004
2.3500e-
003
1.0000e-
005
8.7000e-
004
1.0000e-
005
8.7000e-
004
2.3000e-
004
0.0000 2.4000e-
004
0.0000 0.6498 0.6498 2.0000e-
005
0.0000 0.6502
Total 4.1000e-
004
3.2400e-
003
3.2500e-
003
2.0000e-
005
1.0500e-
003
1.0000e-
005
1.0600e-
003
2.8000e-
004
0.0000 3.0000e-
004
0.0000 1.3971 1.3971 6.0000e-
005
0.0000 1.3985
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 6.3200e-
003
0.0642 0.0710 1.1000e-
004
3.2000e-
003
3.2000e-
003
2.9500e-
003
2.9500e-
003
0.0000 10.0208 10.0208 3.2400e-
003
0.0000 10.1019
Total 6.3200e-
003
0.0642 0.0710 1.1000e-
004
3.2000e-
003
3.2000e-
003
2.9500e-
003
2.9500e-
003
0.0000 10.0208 10.0208 3.2400e-
003
0.0000 10.1019
Mitigated Construction On-Site
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3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 9.0000e-
005
2.9800e-
003
9.0000e-
004
1.0000e-
005
1.8000e-
004
0.0000 1.9000e-
004
5.0000e-
005
0.0000 6.0000e-
005
0.0000 0.7472 0.7472 4.0000e-
005
0.0000 0.7482
Worker 3.2000e-
004
2.6000e-
004
2.3500e-
003
1.0000e-
005
8.7000e-
004
1.0000e-
005
8.7000e-
004
2.3000e-
004
0.0000 2.4000e-
004
0.0000 0.6498 0.6498 2.0000e-
005
0.0000 0.6502
Total 4.1000e-
004
3.2400e-
003
3.2500e-
003
2.0000e-
005
1.0500e-
003
1.0000e-
005
1.0600e-
003
2.8000e-
004
0.0000 3.0000e-
004
0.0000 1.3971 1.3971 6.0000e-
005
0.0000 1.3985
Mitigated Construction Off-Site
3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 3.8700e-
003
0.0388 0.0459 7.0000e-
005
1.8400e-
003
1.8400e-
003
1.6900e-
003
1.6900e-
003
0.0000 6.5158 6.5158 2.1100e-
003
0.0000 6.5684
Total 3.8700e-
003
0.0388 0.0459 7.0000e-
005
1.8400e-
003
1.8400e-
003
1.6900e-
003
1.6900e-
003
0.0000 6.5158 6.5158 2.1100e-
003
0.0000 6.5684
Unmitigated Construction On-Site
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3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 5.0000e-
005
1.9000e-
003
5.5000e-
004
0.0000 1.2000e-
004
0.0000 1.2000e-
004
3.0000e-
005
0.0000 4.0000e-
005
0.0000 0.4830 0.4830 3.0000e-
005
0.0000 0.4837
Worker 2.0000e-
004
1.5000e-
004
1.4100e-
003
0.0000 5.6000e-
004
0.0000 5.7000e-
004
1.5000e-
004
0.0000 1.5000e-
004
0.0000 0.4060 0.4060 1.0000e-
005
0.0000 0.4062
Total 2.5000e-
004
2.0500e-
003
1.9600e-
003
0.0000 6.8000e-
004
0.0000 6.9000e-
004
1.8000e-
004
0.0000 1.9000e-
004
0.0000 0.8890 0.8890 4.0000e-
005
0.0000 0.8899
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 3.8700e-
003
0.0388 0.0459 7.0000e-
005
1.8400e-
003
1.8400e-
003
1.6900e-
003
1.6900e-
003
0.0000 6.5158 6.5158 2.1100e-
003
0.0000 6.5684
Total 3.8700e-
003
0.0388 0.0459 7.0000e-
005
1.8400e-
003
1.8400e-
003
1.6900e-
003
1.6900e-
003
0.0000 6.5158 6.5158 2.1100e-
003
0.0000 6.5684
Mitigated Construction On-Site
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3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 5.0000e-
005
1.9000e-
003
5.5000e-
004
0.0000 1.2000e-
004
0.0000 1.2000e-
004
3.0000e-
005
0.0000 4.0000e-
005
0.0000 0.4830 0.4830 3.0000e-
005
0.0000 0.4837
Worker 2.0000e-
004
1.5000e-
004
1.4100e-
003
0.0000 5.6000e-
004
0.0000 5.7000e-
004
1.5000e-
004
0.0000 1.5000e-
004
0.0000 0.4060 0.4060 1.0000e-
005
0.0000 0.4062
Total 2.5000e-
004
2.0500e-
003
1.9600e-
003
0.0000 6.8000e-
004
0.0000 6.9000e-
004
1.8000e-
004
0.0000 1.9000e-
004
0.0000 0.8890 0.8890 4.0000e-
005
0.0000 0.8899
Mitigated Construction Off-Site
3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 1.4800e-
003
0.0131 0.0176 3.0000e-
005
6.1000e-
004
6.1000e-
004
5.7000e-
004
5.7000e-
004
0.0000 2.3502 2.3502 6.8000e-
004
0.0000 2.3673
Paving 6.6000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Total 2.1400e-
003
0.0131 0.0176 3.0000e-
005
6.1000e-
004
6.1000e-
004
5.7000e-
004
5.7000e-
004
0.0000 2.3502 2.3502 6.8000e-
004
0.0000 2.3673
Unmitigated Construction On-Site
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Page 210 of 575
3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 1.5000e-
004
1.2000e-
004
1.0800e-
003
0.0000 4.3000e-
004
0.0000 4.4000e-
004
1.2000e-
004
0.0000 1.2000e-
004
0.0000 0.3123 0.3123 1.0000e-
005
0.0000 0.3125
Total 1.5000e-
004
1.2000e-
004
1.0800e-
003
0.0000 4.3000e-
004
0.0000 4.4000e-
004
1.2000e-
004
0.0000 1.2000e-
004
0.0000 0.3123 0.3123 1.0000e-
005
0.0000 0.3125
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 1.4800e-
003
0.0131 0.0176 3.0000e-
005
6.1000e-
004
6.1000e-
004
5.7000e-
004
5.7000e-
004
0.0000 2.3502 2.3502 6.8000e-
004
0.0000 2.3673
Paving 6.6000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Total 2.1400e-
003
0.0131 0.0176 3.0000e-
005
6.1000e-
004
6.1000e-
004
5.7000e-
004
5.7000e-
004
0.0000 2.3502 2.3502 6.8000e-
004
0.0000 2.3673
Mitigated Construction On-Site
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Page 211 of 575
3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 1.5000e-
004
1.2000e-
004
1.0800e-
003
0.0000 4.3000e-
004
0.0000 4.4000e-
004
1.2000e-
004
0.0000 1.2000e-
004
0.0000 0.3123 0.3123 1.0000e-
005
0.0000 0.3125
Total 1.5000e-
004
1.2000e-
004
1.0800e-
003
0.0000 4.3000e-
004
0.0000 4.4000e-
004
1.2000e-
004
0.0000 1.2000e-
004
0.0000 0.3123 0.3123 1.0000e-
005
0.0000 0.3125
Mitigated Construction Off-Site
3.7 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 4.5500e-
003
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Off-Road 4.5000e-
004
3.0500e-
003
4.5300e-
003
1.0000e-
005
1.5000e-
004
1.5000e-
004
1.5000e-
004
1.5000e-
004
0.0000 0.6383 0.6383 4.0000e-
005
0.0000 0.6392
Total 5.0000e-
003
3.0500e-
003
4.5300e-
003
1.0000e-
005
1.5000e-
004
1.5000e-
004
1.5000e-
004
1.5000e-
004
0.0000 0.6383 0.6383 4.0000e-
005
0.0000 0.6392
Unmitigated Construction On-Site
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Page 212 of 575
3.7 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 2.0000e-
005
1.0000e-
005
1.2000e-
004
0.0000 5.0000e-
005
0.0000 5.0000e-
005
1.0000e-
005
0.0000 1.0000e-
005
0.0000 0.0347 0.0347 0.0000 0.0000 0.0347
Total 2.0000e-
005
1.0000e-
005
1.2000e-
004
0.0000 5.0000e-
005
0.0000 5.0000e-
005
1.0000e-
005
0.0000 1.0000e-
005
0.0000 0.0347 0.0347 0.0000 0.0000 0.0347
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 4.5500e-
003
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Off-Road 4.5000e-
004
3.0500e-
003
4.5300e-
003
1.0000e-
005
1.5000e-
004
1.5000e-
004
1.5000e-
004
1.5000e-
004
0.0000 0.6383 0.6383 4.0000e-
005
0.0000 0.6392
Total 5.0000e-
003
3.0500e-
003
4.5300e-
003
1.0000e-
005
1.5000e-
004
1.5000e-
004
1.5000e-
004
1.5000e-
004
0.0000 0.6383 0.6383 4.0000e-
005
0.0000 0.6392
Mitigated Construction On-Site
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4.0 Operational Detail - Mobile
4.1 Mitigation Measures Mobile
3.7 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 2.0000e-
005
1.0000e-
005
1.2000e-
004
0.0000 5.0000e-
005
0.0000 5.0000e-
005
1.0000e-
005
0.0000 1.0000e-
005
0.0000 0.0347 0.0347 0.0000 0.0000 0.0347
Total 2.0000e-
005
1.0000e-
005
1.2000e-
004
0.0000 5.0000e-
005
0.0000 5.0000e-
005
1.0000e-
005
0.0000 1.0000e-
005
0.0000 0.0347 0.0347 0.0000 0.0000 0.0347
Mitigated Construction Off-Site
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Page 214 of 575
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
4.2 Trip Summary Information
4.3 Trip Type Information
Average Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual VMT
Other Asphalt Surfaces 0.00 0.00 0.00
Total 0.00 0.00 0.00
Miles Trip %Trip Purpose %
Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by
Other Asphalt Surfaces 13.00 5.00 5.00 0.00 0.00 0.00 0 0 0
5.0 Energy Detail
4.4 Fleet Mix
Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH
Other Asphalt Surfaces 0.582546 0.028575 0.198242 0.117308 0.024121 0.006096 0.012865 0.019735 0.002341 0.001188 0.004913 0.000770 0.001299
Historical Energy Use: N
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Page 215 of 575
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Electricity
Mitigated
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Electricity
Unmitigated
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
NaturalGas
Mitigated
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
NaturalGas
Unmitigated
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Other Asphalt
Surfaces
0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Unmitigated
5.1 Mitigation Measures Energy
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Page 216 of 575
5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Other Asphalt
Surfaces
0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Mitigated
5.3 Energy by Land Use - Electricity
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Other Asphalt
Surfaces
0 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000
Unmitigated
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6.1 Mitigation Measures Area
6.0 Area Detail
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 1.9000e-
003
0.0000 3.7000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 7.2000e-
004
7.2000e-
004
0.0000 0.0000 7.6000e-
004
Unmitigated 1.9000e-
003
0.0000 3.7000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 7.2000e-
004
7.2000e-
004
0.0000 0.0000 7.6000e-
004
5.3 Energy by Land Use - Electricity
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Other Asphalt
Surfaces
0 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000
Mitigated
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Page 218 of 575
7.0 Water Detail
6.2 Area by SubCategory
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory tons/yr MT/yr
Architectural
Coating
4.6000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Consumer
Products
1.4100e-
003
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Landscaping 3.0000e-
005
0.0000 3.7000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 7.2000e-
004
7.2000e-
004
0.0000 0.0000 7.6000e-
004
Total 1.9000e-
003
0.0000 3.7000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 7.2000e-
004
7.2000e-
004
0.0000 0.0000 7.6000e-
004
Unmitigated
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory tons/yr MT/yr
Architectural
Coating
4.6000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Consumer
Products
1.4100e-
003
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Landscaping 3.0000e-
005
0.0000 3.7000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 7.2000e-
004
7.2000e-
004
0.0000 0.0000 7.6000e-
004
Total 1.9000e-
003
0.0000 3.7000e-
004
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 7.2000e-
004
7.2000e-
004
0.0000 0.0000 7.6000e-
004
Mitigated
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7.1 Mitigation Measures Water
Total CO2 CH4 N2O CO2e
Category MT/yr
Mitigated 0.0000 0.0000 0.0000 0.0000
Unmitigated 0.0000 0.0000 0.0000 0.0000
7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Other Asphalt
Surfaces
0 / 0 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000
Unmitigated
7.0 Water Detail
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8.1 Mitigation Measures Waste
7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Other Asphalt
Surfaces
0 / 0 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000
Mitigated
8.0 Waste Detail
Total CO2 CH4 N2O CO2e
MT/yr
Mitigated 0.0000 0.0000 0.0000 0.0000
Unmitigated 0.0000 0.0000 0.0000 0.0000
Category/Year
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8.2 Waste by Land Use
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Other Asphalt
Surfaces
0 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000
Unmitigated
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Other Asphalt
Surfaces
0 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000
Mitigated
9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type
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11.0 Vegetation
10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type
Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type
User Defined Equipment
Equipment Type Number
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1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population
Other Asphalt Surfaces 21.83 1000sqft 0.50 21,830.00 0
1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
4
Wind Speed (m/s)Precipitation Freq (Days)3.2 44
1.3 User Entered Comments & Non-Default Data
1.0 Project Characteristics
Utility Company Pacific Gas & Electric Company
2023Operational Year
CO2 Intensity
(lb/MWhr)
641.35 0.029CH4 Intensity
(lb/MWhr)
0.006N2O Intensity
(lb/MWhr)
Traffic Way Bridge Replacement
San Luis Obispo County, Winter
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Project Characteristics - The project site is located in Arroyo Grande, California
Construction is estimated to occur over nine months
Land Use - The proposed bridge would be appx 59 feet wide and 370 feet long
Construction Phase - Ground disturbance is anticipated to 7 months (May - December)
Off-road Equipment -
Off-road Equipment -
Off-road Equipment -
Off-road Equipment -
Off-road Equipment -
Off-road Equipment -
Grading - The project would result in the temporary disturbance of 3 acres
Demolition -
Trips and VMT -
On-road Fugitive Dust -
Architectural Coating -
Vehicle Trips -
Vehicle Emission Factors -
Vehicle Emission Factors -
Vehicle Emission Factors -
Fleet Mix -
Road Dust -
Area Coating -
Consumer Products -
Landscape Equipment -
Energy Use -
Water And Wastewater -
Solid Waste -
Construction Off-road Equipment Mitigation -
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2.0 Emissions Summary
Table Name Column Name Default Value New Value
tblConstructionPhase NumDays 100.00 33.00
tblConstructionPhase NumDays 2.00 144.00
tblConstructionPhase PhaseEndDate 10/19/2022 1/31/2024
tblConstructionPhase PhaseEndDate 10/5/2022 1/17/2024
tblConstructionPhase PhaseEndDate 5/13/2022 5/12/2023
tblConstructionPhase PhaseEndDate 5/18/2022 12/1/2023
tblConstructionPhase PhaseEndDate 10/12/2022 1/24/2024
tblConstructionPhase PhaseEndDate 5/16/2022 5/15/2023
tblConstructionPhase PhaseStartDate 10/13/2022 1/25/2024
tblConstructionPhase PhaseStartDate 5/19/2022 12/3/2023
tblConstructionPhase PhaseStartDate 5/2/2022 5/1/2023
tblConstructionPhase PhaseStartDate 5/17/2022 5/16/2023
tblConstructionPhase PhaseStartDate 10/6/2022 1/18/2024
tblConstructionPhase PhaseStartDate 5/14/2022 5/14/2023
tblGrading AcresOfGrading 0.00 3.00
tblGrading MaterialExported 0.00 400.00
tblGrading MaterialImported 0.00 550.00
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2.1 Overall Construction (Maximum Daily Emission)
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year lb/day lb/day
2023 0.7297 7.3255 8.1207 0.0186 1.9931 0.3212 2.2798 0.4465 0.2955 0.7173 0.0000 1,858.231
7
1,858.231
7
0.3636 0.0000 1,864.447
5
2024 2.0099 6.2857 7.4646 0.0129 0.1780 0.2833 0.4218 0.0472 0.2607 0.2896 0.0000 1,253.660
7
1,253.660
7
0.3636 0.0000 1,262.750
2
Maximum 2.0099 7.3255 8.1207 0.0186 1.9931 0.3212 2.2798 0.4465 0.2955 0.7173 0.0000 1,858.231
7
1,858.231
7
0.3636 0.0000 1,864.447
5
Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year lb/day lb/day
2023 0.7297 7.3255 8.1207 0.0186 1.9931 0.3212 2.2798 0.4465 0.2955 0.7173 0.0000 1,858.231
7
1,858.231
7
0.3636 0.0000 1,864.447
5
2024 2.0099 6.2857 7.4646 0.0129 0.1780 0.2833 0.4218 0.0472 0.2607 0.2896 0.0000 1,253.660
7
1,253.660
7
0.3636 0.0000 1,262.750
2
Maximum 2.0099 7.3255 8.1207 0.0186 1.9931 0.3212 2.2798 0.4465 0.2955 0.7173 0.0000 1,858.231
7
1,858.231
7
0.3636 0.0000 1,864.447
5
Mitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Area 0.0104 2.0000e-
005
2.2300e-
003
0.0000 1.0000e-
005
1.0000e-
005
1.0000e-
005
1.0000e-
005
4.7800e-
003
4.7800e-
003
1.0000e-
005
5.0900e-
003
Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Total 0.0104 2.0000e-
005
2.2300e-
003
0.0000 0.0000 1.0000e-
005
1.0000e-
005
0.0000 1.0000e-
005
1.0000e-
005
4.7800e-
003
4.7800e-
003
1.0000e-
005
0.0000 5.0900e-
003
Unmitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Area 0.0104 2.0000e-
005
2.2300e-
003
0.0000 1.0000e-
005
1.0000e-
005
1.0000e-
005
1.0000e-
005
4.7800e-
003
4.7800e-
003
1.0000e-
005
5.0900e-
003
Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Total 0.0104 2.0000e-
005
2.2300e-
003
0.0000 0.0000 1.0000e-
005
1.0000e-
005
0.0000 1.0000e-
005
1.0000e-
005
4.7800e-
003
4.7800e-
003
1.0000e-
005
0.0000 5.0900e-
003
Mitigated Operational
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3.0 Construction Detail
Construction Phase
Phase
Number
Phase Name Phase Type Start Date End Date Num Days
Week
Num Days Phase Description
1 Demolition Demolition 5/1/2023 5/12/2023 5 10
2 Site Preparation Site Preparation 5/14/2023 5/15/2023 5 1
3 Grading Grading 5/16/2023 12/1/2023 5 144
4 Building Construction Building Construction 12/3/2023 1/17/2024 5 33
5 Paving Paving 1/18/2024 1/24/2024 5 5
6 Architectural Coating Architectural Coating 1/25/2024 1/31/2024 5 5
OffRoad Equipment
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 1,310
(Architectural Coating ±sqft)
Acres of Grading (Site Preparation Phase): 0.5
Acres of Grading (Grading Phase): 3
Acres of Paving: 0.5
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Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor
Architectural Coating Air Compressors 1 6.00 78 0.48
Paving Cement and Mortar Mixers 4 6.00 9 0.56
Demolition Concrete/Industrial Saws 1 8.00 81 0.73
Grading Concrete/Industrial Saws 1 8.00 81 0.73
Building Construction Cranes 1 4.00 231 0.29
Building Construction Forklifts 2 6.00 89 0.20
Site Preparation Graders 1 8.00 187 0.41
Paving Pavers 1 7.00 130 0.42
Paving Rollers 1 7.00 80 0.38
Demolition Rubber Tired Dozers 1 1.00 247 0.40
Grading Rubber Tired Dozers 1 1.00 247 0.40
Building Construction Tractors/Loaders/Backhoes 2 8.00 97 0.37
Demolition Tractors/Loaders/Backhoes 2 6.00 97 0.37
Grading Tractors/Loaders/Backhoes 2 6.00 97 0.37
Paving Tractors/Loaders/Backhoes 1 7.00 97 0.37
Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 4 10.00 0.00 79.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT
Site Preparation 2 5.00 0.00 0.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT
Grading 4 10.00 0.00 119.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT
Building Construction 5 9.00 4.00 0.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT
Paving 7 18.00 0.00 0.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT
Architectural Coating 1 2.00 0.00 0.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT
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3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 1.7562 0.0000 1.7562 0.2660 0.0000 0.2660 0.0000 0.0000
Off-Road 0.6463 5.7787 7.3926 0.0120 0.2821 0.2821 0.2698 0.2698 1,148.405
5
1,148.405
5
0.2089 1,153.629
0
Total 0.6463 5.7787 7.3926 0.0120 1.7562 0.2821 2.0383 0.2660 0.2698 0.5358 1,148.405
5
1,148.405
5
0.2089 1,153.629
0
Unmitigated Construction On-Site
3.1 Mitigation Measures Construction
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3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0431 1.5175 0.4669 5.8200e-
003
0.1380 4.0300e-
003
0.1420 0.0378 3.8500e-
003
0.0417 630.8810 630.8810 0.0376 631.8218
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 0.0403 0.0293 0.2612 7.9000e-
004
0.0989 5.8000e-
004
0.0994 0.0262 5.3000e-
004
0.0268 78.9451 78.9451 2.0600e-
003
78.9968
Total 0.0834 1.5468 0.7281 6.6100e-
003
0.2369 4.6100e-
003
0.2415 0.0640 4.3800e-
003
0.0684 709.8262 709.8262 0.0397 710.8186
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 1.7562 0.0000 1.7562 0.2660 0.0000 0.2660 0.0000 0.0000
Off-Road 0.6463 5.7787 7.3926 0.0120 0.2821 0.2821 0.2698 0.2698 0.0000 1,148.405
5
1,148.405
5
0.2089 1,153.629
0
Total 0.6463 5.7787 7.3926 0.0120 1.7562 0.2821 2.0383 0.2660 0.2698 0.5358 0.0000 1,148.405
5
1,148.405
5
0.2089 1,153.629
0
Mitigated Construction On-Site
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3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0431 1.5175 0.4669 5.8200e-
003
0.1380 4.0300e-
003
0.1420 0.0378 3.8500e-
003
0.0417 630.8810 630.8810 0.0376 631.8218
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 0.0403 0.0293 0.2612 7.9000e-
004
0.0989 5.8000e-
004
0.0994 0.0262 5.3000e-
004
0.0268 78.9451 78.9451 2.0600e-
003
78.9968
Total 0.0834 1.5468 0.7281 6.6100e-
003
0.2369 4.6100e-
003
0.2415 0.0640 4.3800e-
003
0.0684 709.8262 709.8262 0.0397 710.8186
Mitigated Construction Off-Site
3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 0.5303 0.0000 0.5303 0.0573 0.0000 0.0573 0.0000 0.0000
Off-Road 0.5348 6.1887 3.9239 9.7300e-
003
0.2266 0.2266 0.2084 0.2084 942.4317 942.4317 0.3048 950.0517
Total 0.5348 6.1887 3.9239 9.7300e-
003
0.5303 0.2266 0.7568 0.0573 0.2084 0.2657 942.4317 942.4317 0.3048 950.0517
Unmitigated Construction On-Site
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3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 0.0201 0.0146 0.1306 4.0000e-
004
0.0494 2.9000e-
004
0.0497 0.0131 2.7000e-
004
0.0134 39.4726 39.4726 1.0300e-
003
39.4984
Total 0.0201 0.0146 0.1306 4.0000e-
004
0.0494 2.9000e-
004
0.0497 0.0131 2.7000e-
004
0.0134 39.4726 39.4726 1.0300e-
003
39.4984
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 0.5303 0.0000 0.5303 0.0573 0.0000 0.0573 0.0000 0.0000
Off-Road 0.5348 6.1887 3.9239 9.7300e-
003
0.2266 0.2266 0.2084 0.2084 0.0000 942.4317 942.4317 0.3048 950.0517
Total 0.5348 6.1887 3.9239 9.7300e-
003
0.5303 0.2266 0.7568 0.0573 0.2084 0.2657 0.0000 942.4317 942.4317 0.3048 950.0517
Mitigated Construction On-Site
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3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 0.0201 0.0146 0.1306 4.0000e-
004
0.0494 2.9000e-
004
0.0497 0.0131 2.7000e-
004
0.0134 39.4726 39.4726 1.0300e-
003
39.4984
Total 0.0201 0.0146 0.1306 4.0000e-
004
0.0494 2.9000e-
004
0.0497 0.0131 2.7000e-
004
0.0134 39.4726 39.4726 1.0300e-
003
39.4984
Mitigated Construction Off-Site
3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 0.7761 0.0000 0.7761 0.4164 0.0000 0.4164 0.0000 0.0000
Off-Road 0.6463 5.7787 7.3926 0.0120 0.2821 0.2821 0.2698 0.2698 1,148.405
5
1,148.405
5
0.2089 1,153.629
0
Total 0.6463 5.7787 7.3926 0.0120 0.7761 0.2821 1.0582 0.4164 0.2698 0.6862 1,148.405
5
1,148.405
5
0.2089 1,153.629
0
Unmitigated Construction On-Site
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Page 235 of 575
3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 4.5100e-
003
0.1587 0.0488 6.1000e-
004
0.0144 4.2000e-
004
0.0149 3.9600e-
003
4.0000e-
004
4.3600e-
003
65.9941 65.9941 3.9400e-
003
66.0925
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 0.0403 0.0293 0.2612 7.9000e-
004
0.0989 5.8000e-
004
0.0994 0.0262 5.3000e-
004
0.0268 78.9451 78.9451 2.0600e-
003
78.9968
Total 0.0448 0.1880 0.3101 1.4000e-
003
0.1133 1.0000e-
003
0.1143 0.0302 9.3000e-
004
0.0311 144.9392 144.9392 6.0000e-
003
145.0892
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 0.7761 0.0000 0.7761 0.4164 0.0000 0.4164 0.0000 0.0000
Off-Road 0.6463 5.7787 7.3926 0.0120 0.2821 0.2821 0.2698 0.2698 0.0000 1,148.405
5
1,148.405
5
0.2089 1,153.629
0
Total 0.6463 5.7787 7.3926 0.0120 0.7761 0.2821 1.0582 0.4164 0.2698 0.6862 0.0000 1,148.405
5
1,148.405
5
0.2089 1,153.629
0
Mitigated Construction On-Site
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Page 236 of 575
3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 4.5100e-
003
0.1587 0.0488 6.1000e-
004
0.0144 4.2000e-
004
0.0149 3.9600e-
003
4.0000e-
004
4.3600e-
003
65.9941 65.9941 3.9400e-
003
66.0925
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 0.0403 0.0293 0.2612 7.9000e-
004
0.0989 5.8000e-
004
0.0994 0.0262 5.3000e-
004
0.0268 78.9451 78.9451 2.0600e-
003
78.9968
Total 0.0448 0.1880 0.3101 1.4000e-
003
0.1133 1.0000e-
003
0.1143 0.0302 9.3000e-
004
0.0311 144.9392 144.9392 6.0000e-
003
145.0892
Mitigated Construction Off-Site
3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 1,104.608
9
1,104.608
9
0.3573 1,113.540
2
Total 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 1,104.608
9
1,104.608
9
0.3573 1,113.540
2
Unmitigated Construction On-Site
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Page 237 of 575
3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 8.9200e-
003
0.2947 0.0953 7.6000e-
004
0.0186 4.6000e-
004
0.0190 5.3500e-
003
4.4000e-
004
5.7900e-
003
80.8336 80.8336 4.5200e-
003
80.9465
Worker 0.0362 0.0263 0.2351 7.1000e-
004
0.0890 5.2000e-
004
0.0895 0.0236 4.8000e-
004
0.0241 71.0506 71.0506 1.8600e-
003
71.0971
Total 0.0452 0.3210 0.3304 1.4700e-
003
0.1076 9.8000e-
004
0.1085 0.0290 9.2000e-
004
0.0299 151.8842 151.8842 6.3800e-
003
152.0435
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 0.0000 1,104.608
9
1,104.608
9
0.3573 1,113.540
2
Total 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 0.0000 1,104.608
9
1,104.608
9
0.3573 1,113.540
2
Mitigated Construction On-Site
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Page 238 of 575
3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 8.9200e-
003
0.2947 0.0953 7.6000e-
004
0.0186 4.6000e-
004
0.0190 5.3500e-
003
4.4000e-
004
5.7900e-
003
80.8336 80.8336 4.5200e-
003
80.9465
Worker 0.0362 0.0263 0.2351 7.1000e-
004
0.0890 5.2000e-
004
0.0895 0.0236 4.8000e-
004
0.0241 71.0506 71.0506 1.8600e-
003
71.0971
Total 0.0452 0.3210 0.3304 1.4700e-
003
0.1076 9.8000e-
004
0.1085 0.0290 9.2000e-
004
0.0299 151.8842 151.8842 6.3800e-
003
152.0435
Mitigated Construction Off-Site
3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.5950 5.9739 7.0675 0.0114 0.2824 0.2824 0.2598 0.2598 1,104.983
4
1,104.983
4
0.3574 1,113.917
7
Total 0.5950 5.9739 7.0675 0.0114 0.2824 0.2824 0.2598 0.2598 1,104.983
4
1,104.983
4
0.3574 1,113.917
7
Unmitigated Construction On-Site
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Page 239 of 575
3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 8.4600e-
003
0.2880 0.0896 7.5000e-
004
0.0186 4.2000e-
004
0.0190 5.3500e-
003
4.0000e-
004
5.7500e-
003
80.3887 80.3887 4.5400e-
003
80.5022
Worker 0.0343 0.0238 0.2166 6.9000e-
004
0.0890 5.1000e-
004
0.0895 0.0236 4.7000e-
004
0.0241 68.2886 68.2886 1.6700e-
003
68.3303
Total 0.0427 0.3118 0.3062 1.4400e-
003
0.1076 9.3000e-
004
0.1085 0.0290 8.7000e-
004
0.0298 148.6773 148.6773 6.2100e-
003
148.8325
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.5950 5.9739 7.0675 0.0114 0.2824 0.2824 0.2598 0.2598 0.0000 1,104.983
4
1,104.983
4
0.3574 1,113.917
7
Total 0.5950 5.9739 7.0675 0.0114 0.2824 0.2824 0.2598 0.2598 0.0000 1,104.983
4
1,104.983
4
0.3574 1,113.917
7
Mitigated Construction On-Site
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Page 240 of 575
3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 8.4600e-
003
0.2880 0.0896 7.5000e-
004
0.0186 4.2000e-
004
0.0190 5.3500e-
003
4.0000e-
004
5.7500e-
003
80.3887 80.3887 4.5400e-
003
80.5022
Worker 0.0343 0.0238 0.2166 6.9000e-
004
0.0890 5.1000e-
004
0.0895 0.0236 4.7000e-
004
0.0241 68.2886 68.2886 1.6700e-
003
68.3303
Total 0.0427 0.3118 0.3062 1.4400e-
003
0.1076 9.3000e-
004
0.1085 0.0290 8.7000e-
004
0.0298 148.6773 148.6773 6.2100e-
003
148.8325
Mitigated Construction Off-Site
3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.5904 5.2297 7.0314 0.0113 0.2429 0.2429 0.2269 0.2269 1,036.239
3
1,036.239
3
0.3019 1,043.785
8
Paving 0.2620 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Total 0.8524 5.2297 7.0314 0.0113 0.2429 0.2429 0.2269 0.2269 1,036.239
3
1,036.239
3
0.3019 1,043.785
8
Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2016.3.2 Date: 12/6/2021 2:42 PMPage 18 of 27
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Page 241 of 575
3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 0.0685 0.0475 0.4332 1.3700e-
003
0.1780 1.0200e-
003
0.1790 0.0472 9.4000e-
004
0.0481 136.5772 136.5772 3.3300e-
003
136.6605
Total 0.0685 0.0475 0.4332 1.3700e-
003
0.1780 1.0200e-
003
0.1790 0.0472 9.4000e-
004
0.0481 136.5772 136.5772 3.3300e-
003
136.6605
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.5904 5.2297 7.0314 0.0113 0.2429 0.2429 0.2269 0.2269 0.0000 1,036.239
3
1,036.239
3
0.3019 1,043.785
8
Paving 0.2620 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Total 0.8524 5.2297 7.0314 0.0113 0.2429 0.2429 0.2269 0.2269 0.0000 1,036.239
3
1,036.239
3
0.3019 1,043.785
8
Mitigated Construction On-Site
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Page 242 of 575
3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 0.0685 0.0475 0.4332 1.3700e-
003
0.1780 1.0200e-
003
0.1790 0.0472 9.4000e-
004
0.0481 136.5772 136.5772 3.3300e-
003
136.6605
Total 0.0685 0.0475 0.4332 1.3700e-
003
0.1780 1.0200e-
003
0.1790 0.0472 9.4000e-
004
0.0481 136.5772 136.5772 3.3300e-
003
136.6605
Mitigated Construction Off-Site
3.7 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Archit. Coating 1.8216 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Off-Road 0.1808 1.2188 1.8101 2.9700e-
003
0.0609 0.0609 0.0609 0.0609 281.4481 281.4481 0.0159 281.8443
Total 2.0023 1.2188 1.8101 2.9700e-
003
0.0609 0.0609 0.0609 0.0609 281.4481 281.4481 0.0159 281.8443
Unmitigated Construction On-Site
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Page 243 of 575
3.7 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 7.6100e-
003
5.2800e-
003
0.0481 1.5000e-
004
0.0198 1.1000e-
004
0.0199 5.2400e-
003
1.0000e-
004
5.3500e-
003
15.1753 15.1753 3.7000e-
004
15.1845
Total 7.6100e-
003
5.2800e-
003
0.0481 1.5000e-
004
0.0198 1.1000e-
004
0.0199 5.2400e-
003
1.0000e-
004
5.3500e-
003
15.1753 15.1753 3.7000e-
004
15.1845
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Archit. Coating 1.8216 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Off-Road 0.1808 1.2188 1.8101 2.9700e-
003
0.0609 0.0609 0.0609 0.0609 0.0000 281.4481 281.4481 0.0159 281.8443
Total 2.0023 1.2188 1.8101 2.9700e-
003
0.0609 0.0609 0.0609 0.0609 0.0000 281.4481 281.4481 0.0159 281.8443
Mitigated Construction On-Site
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Page 244 of 575
4.0 Operational Detail - Mobile
4.1 Mitigation Measures Mobile
3.7 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Worker 7.6100e-
003
5.2800e-
003
0.0481 1.5000e-
004
0.0198 1.1000e-
004
0.0199 5.2400e-
003
1.0000e-
004
5.3500e-
003
15.1753 15.1753 3.7000e-
004
15.1845
Total 7.6100e-
003
5.2800e-
003
0.0481 1.5000e-
004
0.0198 1.1000e-
004
0.0199 5.2400e-
003
1.0000e-
004
5.3500e-
003
15.1753 15.1753 3.7000e-
004
15.1845
Mitigated Construction Off-Site
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Page 245 of 575
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
4.2 Trip Summary Information
4.3 Trip Type Information
Average Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual VMT
Other Asphalt Surfaces 0.00 0.00 0.00
Total 0.00 0.00 0.00
Miles Trip %Trip Purpose %
Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by
Other Asphalt Surfaces 13.00 5.00 5.00 0.00 0.00 0.00 0 0 0
5.0 Energy Detail
4.4 Fleet Mix
Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH
Other Asphalt Surfaces 0.582546 0.028575 0.198242 0.117308 0.024121 0.006096 0.012865 0.019735 0.002341 0.001188 0.004913 0.000770 0.001299
Historical Energy Use: N
CalEEMod Version: CalEEMod.2016.3.2 Date: 12/6/2021 2:42 PMPage 23 of 27
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Page 246 of 575
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
NaturalGas
Mitigated
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
NaturalGas
Unmitigated
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr lb/day lb/day
Other Asphalt
Surfaces
0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Unmitigated
5.1 Mitigation Measures Energy
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6.1 Mitigation Measures Area
6.0 Area Detail
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Mitigated 0.0104 2.0000e-
005
2.2300e-
003
0.0000 1.0000e-
005
1.0000e-
005
1.0000e-
005
1.0000e-
005
4.7800e-
003
4.7800e-
003
1.0000e-
005
5.0900e-
003
Unmitigated 0.0104 2.0000e-
005
2.2300e-
003
0.0000 1.0000e-
005
1.0000e-
005
1.0000e-
005
1.0000e-
005
4.7800e-
003
4.7800e-
003
1.0000e-
005
5.0900e-
003
5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr lb/day lb/day
Other Asphalt
Surfaces
0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Mitigated
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7.0 Water Detail
6.2 Area by SubCategory
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory lb/day lb/day
Architectural
Coating
2.5000e-
003
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Consumer
Products
7.7300e-
003
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Landscaping 2.1000e-
004
2.0000e-
005
2.2300e-
003
0.0000 1.0000e-
005
1.0000e-
005
1.0000e-
005
1.0000e-
005
4.7800e-
003
4.7800e-
003
1.0000e-
005
5.0900e-
003
Total 0.0104 2.0000e-
005
2.2300e-
003
0.0000 1.0000e-
005
1.0000e-
005
1.0000e-
005
1.0000e-
005
4.7800e-
003
4.7800e-
003
1.0000e-
005
5.0900e-
003
Unmitigated
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory lb/day lb/day
Architectural
Coating
2.5000e-
003
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Consumer
Products
7.7300e-
003
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Landscaping 2.1000e-
004
2.0000e-
005
2.2300e-
003
0.0000 1.0000e-
005
1.0000e-
005
1.0000e-
005
1.0000e-
005
4.7800e-
003
4.7800e-
003
1.0000e-
005
5.0900e-
003
Total 0.0104 2.0000e-
005
2.2300e-
003
0.0000 1.0000e-
005
1.0000e-
005
1.0000e-
005
1.0000e-
005
4.7800e-
003
4.7800e-
003
1.0000e-
005
5.0900e-
003
Mitigated
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8.1 Mitigation Measures Waste
7.1 Mitigation Measures Water
7.0 Water Detail
8.0 Waste Detail
11.0 Vegetation
9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type
10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type
Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type
User Defined Equipment
Equipment Type Number
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Page 251 of 575
1
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party
Air Quality
MM AQ-1 Idling Control Techniques. During all construction activities and
use of diesel vehicles, the applicant shall implement the following
idling control techniques:
1.Idling Restrictions Near Sensitive Receptors for Both On-
and Off-Road Equipment.
a.Staging and queuing areas shall not be located
within 1,000 feet of sensitive receptors, if
feasible;
b.Diesel idling within 1,000 feet of sensitive
receptors shall not be permitted;
c.Use of alternative-fueled equipment shall be
used whenever possible; and
d.Signs that specify the no idling requirements
shall be posted and enforced at the construction
site.
2.California Diesel Idling Regulations. On-road diesel
vehicles shall comply with 13 California Code of
Regulations (CCR) 2485. This regulation limits idling from
diesel-fueled commercial motor vehicles with gross
vehicular weight ratings of more than 10,000 pounds and
licensed for operation on highways. It applies to California
and non-California based vehicles. In general, the
regulation specifies that drivers of said vehicles:
a.Shall not idle the vehicle’s primary diesel engine
for greater than 5 minutes at any location, except
as noted in Subsection (d) of the regulation; and
b.Shall not operate a diesel-fueled auxiliary power
system (APS) to power a heater, an air
conditioner, or any ancillary equipment on that
vehicle during sleeping or resting in a sleeper
berth for greater than 5 minutes at any location
when within 1,000 feet of a restricted area,
except as noted in Subsection (d) of the
regulation.
Signs must be posted in the designated queuing areas and job sites
to remind drivers of the 5-minute idling limit. The specific
requirements and exceptions in the regulation can be reviewed at the
following website: www.arb.ca.gov/msprog/truck-idling/2485.pdf.
The construction
contractor shall
implement idling control
techniques.
During all construction
activities
Project Applicant,
San Luis Obispo Air
Pollution Control District
EXHIBIT B
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MM AQ-2 Asbestos Material in Demolition. Demolition activities can have
potential negative air quality impacts, including issues surrounding
proper handling, demolition, and disposal of asbestos-containing
material (ACM). ACMs could be encountered during demolition or
remodeling of the existing bridge. Asbestos can also be found in
utility pipes/pipelines (transite pipes or insulation on pipes). If utility
pipelines are scheduled for removal or relocation or a building(s) is
proposed to be removed or renovated, various regulatory
requirements may apply, including the requirements stipulated in the
National Emission Standard for Hazardous Air Pollutants (NESHAP;
40 Code of Federal Regulations [CFR] 61, Subpart M - asbestos
NESHAP). These requirements include but are not limited to: (1)
notification to the APCD; (2) an asbestos survey conducted by a
Certified Asbestos Inspector; and (3) applicable removal and
disposal requirements of identified ACM. More information on
asbestos can be found at:
http://www.slocleanair.org/business/asbestos.php.
The construction
contractor shall
implement requirements
stipulated in the National
Emission Standard for
Hazardous Air Pollutants
(NESHAP; 40 Code of
Federal Regulations
[CFR] 61, Subpart M -
asbestos NESHAP).
During demolition
activities
Project Applicant,
San Luis Obispo Air
Pollution Control District
Biological Resources
MM BIO-1 Preconstruction Botanical Surveys. Prior to construction, a
preconstruction survey shall be conducted to ensure special-status
plant species are not present within the project area. If Gambel’s
watercress or marsh sandwort are found within the project area, all
work will be stopped immediately, the U.S. Fish and Wildlife Service
will be notified, and work will not commence until consultation is
completed. If other special-status plant species are present, the
location and number of individuals will be recorded and suitable
measures will be incorporated into the project plans, such as seed
collection and replanting of special-status species, to avoid and/or
minimize potential impacts to these species. Observations of these or
other special-status species shall be documented on California
Natural Diversity Database forms and submitted to the California
Department of Fish and Wildlife upon project completion.
Survey results shall be
submitted to the City of
Arroyo Grande.
Prior to construction
activities
Project Applicant
MM BIO-2 Invasive Species Control. The following measures shall be
implemented to reduce potential impacts related to the spread of
invasive species:
1. During construction, the project contractor will make all
reasonable efforts to limit the use of imported soils for fill.
Soils currently existing on-site should be used for fill
material. If the use of imported fill material is necessary,
the imported material must be obtained from a source that
is known to be free of invasive plant species, or the
material must consist of purchased clean material such as
The construction
contractor shall
implement measures to
reduce the spread of
invasive species.
Prior to and during
construction activities
Project Applicant
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crushed aggregate, sorted rock, or similar. To avoid the
spread of invasive species, the contractor shall:
a. Stockpile topsoil and redeposit the stockpiled
soil on-site at a sufficient depth to preclude
germination or spread of those species after
construction is complete; or,
b. Transport the topsoil to a permitted landfill for
disposal.
2. Prior to construction, project plans will clearly identify the
type of species, location, and methodology of removal and
disposal of invasive exotic species found within the project
site. Removal and disposal of invasive exotic plants and
wildlife must be in accordance with state law and/or project
authorizations from resource agencies (e.g., U.S. Fish and
Wildlife Service Programmatic Biological Opinion). In
particular, for those invasive exotic plant species that are
particularly difficult to remove (e.g., jubata grass
[Cortaderia jubata]), a combination of cutting and
application of herbicide would likely be required, and thus
require a request for an amendment to the standard
conditions of the U.S. Fish and Wildlife Service
Programmatic Biological Opinion. In addition, removal of
crayfish or bullfrog (Lithobates catesbeiana) must be
conducted lawfully using methodologies outlined in the
California Fish and Game Code.
3. During construction, the biological monitor(s) will ensure
that the spread or introduction of invasive exotic plant and
wildlife species is avoided to the maximum extent possible.
4. All erosion control materials including straw bales, straw
wattles, or mulch used on-site must be free of invasive
species seed.
MM BIO-3 California Red-Legged Frog. The following measures shall be
implemented to reduce potential impacts to California red-legged
frog:
1. Only U.S. Fish and Wildlife Service-approved biologists will
participate in activities associated with the capture and
handling of California red-legged frogs. Biologists
authorized under the Programmatic Biological Opinion do
not need to re-submit their qualifications for subsequent
projects conducted pursuant to the Programmatic
Biological Opinion, unless the U.S. Fish and Wildlife
Service has revoked their approval at any time during the
life of the Programmatic Biological Opinion.
The construction
contractor shall
implement measures to
reduce potential impacts
to California red-legged
frog.
Prior to and during
construction activities
Project Applicant
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2. Ground disturbance will not begin until written approval is
received from the U.S. Fish and Wildlife Service that the
biologist(s) is qualified to conduct the work. The California
Department of Transportation will request approval of the
biologist(s) from the U.S. Fish and Wildlife Service.
3. A U.S. Fish and Wildlife Service-approved biologist will
survey the project area no more than 48 hours before the
onset of work activities. If any life stage of the California
red-legged frog is found and these individuals are likely to
be killed or injured by work activities, the approved
biologist will be allowed sufficient time to move them from
the site before work activities begin. The U.S. Fish and
Wildlife Service-approved biologist will relocate the
California red-legged frogs the shortest distance possible
to a location that contains suitable habitat and will not be
affected by the activities associated with the project. The
relocation site should be in the same drainage to the extent
practicable. The California Department of Transportation
will coordinate with the U.S. Fish and Wildlife Service on
the relocation site prior to the capture of any California red-
legged frogs.
4. Before any activities begin on a project, a U.S. Fish and
Wildlife Service-approved biologist will conduct a training
session for all construction personnel. At a minimum, the
training will include a description of the California red-
legged frog and its habitat, the specific measures that are
being implemented to conserve the California red-legged
frog for the current project, and the boundaries within
which the project may be accomplished. Brochures, books,
and briefings may be used in the training session, provided
that a qualified person is on hand to answer any questions.
5. A U.S. Fish and Wildlife Service-approved biologist will be
present at the work site until California red-legged frogs
have been relocated out of harm’s way, workers have been
instructed, and disturbance of the habitat has been
completed. After this time, the City of Arroyo Grande Public
Works Department will designate a person to monitor on-
site compliance with minimization measures. The U.S. Fish
and Wildlife Service-approved biologist will ensure that this
monitor receives the training outlined in (4) above and in
the identification of California red-legged frogs. If the
monitor or the U.S. Fish and Wildlife Service-approved
biologist recommends that work be stopped because
California red-legged frogs would be affected in a manner
not anticipated by the California Department of
Transportation, City of Arroyo Grande Public Works
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Department, and the U.S. Fish and Wildlife Service during
the review of the proposed action, they will notify the
resident engineer (the engineer that is directly overseeing
and in command of construction activities) immediately.
The resident engineer will either resolve the situation by
eliminating the adverse effect immediately or require that
actions that are causing these effects be halted. If work is
stopped, the California Department of Transportation, City
of Arroyo Grande Public Works Department, and U.S. Fish
and Wildlife Service will be notified as soon as is
reasonably possible.
6. During project activities, trash that may attract predators
will be properly contained, removed from the work site, and
disposed of regularly. Following construction, trash and
construction debris will be removed from work areas.
7. All refueling, maintenance, and staging of equipment and
vehicles will occur at least 60 feet from riparian habitat or
waterbodies and in a location from where a spill would not
drain directly toward aquatic habitat (e.g., on a slope that
drains away from the water). The monitor will ensure
contamination of habitat does not occur during such
operations. Prior to the onset of work, the California
Department of Transportation and City of Arroyo Grande
Public Works Department will ensure that a plan is in place
for prompt and effective response to any accidental spills.
All workers will be informed of the importance of preventing
spills and of the appropriate measures to take should a
spill occur.
8. Habitat contours will be returned to their original
configuration at the end of project activities. This measure
will be implemented in all areas disturbed by activities
associated with the project, unless the U.S. Fish and
Wildlife Service, California Department of Transportation,
and City of Arroyo Grande Public Works Department
determine that it is not feasible or modification or original
contours would benefit the California red-legged frog.
9. The number of access routes, size of staging areas, and
the total area of activity will be limited to the minimum
necessary to achieve the project. Environmentally
Sensitive Areas will be established to confine access
routes and construction areas to the minimum area
necessary to complete construction and minimize the
impact to California red-legged frog habitat; this goal
includes locating access routes and construction areas
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outside of wetlands and riparian areas to the maximum
extent practicable.
10. The California Department of Transportation and City of
Arroyo Grande Public Works Department will attempt to
schedule work for times of the year when impacts to the
California red-legged frog would be minimal. For example,
work that would affect large pools that may support
breeding would be avoided, to the maximum degree
practicable, during the breeding season (November–May).
Isolated pools that are important to maintain California red-
legged frogs through the driest portions of the year would
be avoided, to the maximum degree practicable, during the
late summer and early fall. Habitat assessments, surveys,
and technical assistance between the U.S. Fish and
Wildlife Service and California Department of
Transportation during project planning will be used to
assist in scheduling work activities to avoid sensitive
habitats during key times of year.
11. To control sedimentation during and after project
implementation, the California Department of
Transportation and City of Arroyo Grande Public Works
Department will implement Best Management Practices
outlined in any authorizations or permits issued under the
authorities of the Clean Water Act that it receives for the
specific project. If Best Management Practices are
ineffective, the California Department of Transportation will
attempt to remedy the situation immediately, in
coordination with the U.S. Fish and Wildlife Service.
12. If a work site is to be temporarily dewatered by pumping,
intakes will be completely screened with wire mesh not
larger than 0.2 inch to prevent California red-legged frogs
from entering the pump system. Water will be released
downstream at an appropriate rate to maintain downstream
flows during construction. Upon completion of construction
activities, any diversions or barriers to flow will be removed
in a manner that would allow flow to resume with the least
disturbance to the substrate. Alteration of the streambed
will be minimized to the maximum extent possible; any
imported material will be removed from the streambed
upon completion of the project.
13. Unless approved by the U.S. Fish and Wildlife Service,
water will not be impounded in a manner that may attract
California red-legged frogs.
14. A U.S. Fish and Wildlife Service-approved biologist will
permanently remove any individuals of exotic species,
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such as bullfrogs, crayfish, and centrarchid fishes from the
project area, to the maximum extent. The U.S. Fish and
Wildlife Service-approved biologist will be responsible for
ensuring their activities are in compliance with the
California Fish and Game Code.
15. If the California Department of Transportation and the City
of Arroyo Grande Public Works Department demonstrate
that disturbed areas have been restored to conditions that
allow them to function as habitat for the California red-
legged frog, these areas will not be included in the amount
of total habitat permanently disturbed.
16. To ensure that diseases are not conveyed between work
sites by the U.S. Fish and Wildlife Service-approved
biologist, the fieldwork code of practice developed by the
Declining Amphibian Task Force will be followed at all
times.
17. Project sites will be re-vegetated with an assemblage of
native riparian, wetland, and upland vegetation suitable for
the area. Locally collected plant materials will be used to
the extent practicable. Invasive, exotic plants will be
controlled to the maximum extent practicable. This
measure will be implemented in all areas disturbed by
activities with the project, unless the U.S. Fish and Wildlife
Service, California Department of Transportation, and City
of Arroyo Grande Public Works Department have
determined that it is not feasible or practical.
18. The California Department of Transportation and City of
Arroyo Grande Public Works Department will not use
herbicides as the primary method to control invasive,
exotic plants. However, if the California Department of
Transportation and City of Arroyo Grande Public Works
Department determine the use of herbicides is the only
feasible method for controlling invasive plants at a specific
project site, it will implement the following additional
measures to protect California red-legged frog:
a. The California Department of Transportation and
City of Arroyo Grande Public Works Department
will not use herbicides during the breeding
season for California red-legged frog.
b. The California Department of Transportation and
City of Arroyo Grande Public Works Department
will conduct surveys for California red-legged
frog immediately prior to the start of herbicide
use. If found, California red-legged frog will be
relocated to suitable habitat far enough from the
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project area that no direct contact with herbicide
would occur.
c. Giant reed and other invasive plants will be cut
and hauled out by hand and painted with
glyphosate-based products, such as
Aquamaster® or Rodeo®.
d. Licensed and experienced California Department
of Transportation staff or a licensed and
experienced contractor will use a hand-held
sprayer for foliar application of Aquamaster® or
Rodeo® where large monoculture stands occur
at an individual project site.
e. All precautions will be taken to ensure that no
herbicide is applied to native vegetation.
f. Foliar applications of herbicide will not occur
when wind speeds are in excess of 3 miles per
hour.
g. No herbicides will be applied within 24 hours of
forecasted rain.
h. Application of herbicides will be done by
qualified California Department of Transportation
staff, City of Arroyo Grande staff, or contractors
to ensure that overspray is minimized,
application is made in accordance with the label
recommendations, and required and reasonable
safety measures are implemented. A safe dye
will be added to the mixture to visually denote
treated sites. Application of herbicides will be
consistent with the U.S. Environmental
Protection Agency’s Office of Pesticide
Programs Endangered Species Protection
Program county bulletins.
i. All herbicides, fuels, lubricants, and equipment
will be stored, poured, or refilled at least 60 feet
from riparian habitat or water bodies in a location
where a spill would not drain directly toward
aquatic habitat. The California Department of
Transportation and City of Arroyo Grande Public
Works Department will ensure that a plan is in
place for a prompt and effective response to
accidental spills. All workers will be informed of
the importance of preventing spills and of the
appropriate measures to take should a spill
occur.
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MM BIO-4 South-Central California Coast Steelhead. The following measures
shall be implemented to reduce potential impacts to South-Central
California Coast steelhead:
1. Avoid or reduce the area of permanent structures, such as
rock slope protection, within the ordinary high-water mark
on-site. Selection of the single-span bridge design reduces
the need for additional support structures located within the
ordinary high-water mark (structures will still be present on
the stream banks). Removal of the existing piles within the
ordinary high-water mark would result in improvements to
steelhead habitat in the vicinity of the bridge.
2. Prior to initiation of stream diversion/dewatering, a qualified
biologist shall conduct a worker environmental training
program, including a description of steelhead, steelhead
critical habitat, its legal/protected status, proximity to the
project site, avoidance/minimization measures to be
implemented during the project, and the implications of
violating Federal Endangered Species Act and permit
conditions.
3. In-stream work will take place between June 1 and
October 15 in any given year, when the surface water
within Arroyo Grande Creek is likely to be at seasonal
minimum. Deviations from this work window will only be
made with permission from the relevant regulatory
agencies. During in-stream work, a qualified biologist who
is approved by the National Oceanic and Atmospheric
Administration National Marine Fisheries Service and has
experience in steelhead biology and ecology, aquatic
habitats, biological monitoring (including
diversion/dewatering), and capturing, handling, and
relocating fish species will be retained. During in-stream
work, the biological monitor(s) will continuously monitor
placement and removal of any required stream diversions
and will capture stranded steelhead and other native fish
species and relocate them to suitable habitat, as
appropriate. The approved biologist(s) will capture
steelhead stranded as a result of diversion/dewatering and
relocate steelhead to the nearest suitable in-stream
habitat. The approved biologist(s) will note the number of
steelhead observed in the affected area, the number of
steelhead relocated, and the date and time of the collection
and relocation.
4. During in-stream work, if pumps are incorporated to assist
in temporarily dewatering the site, intakes will be
completely screened with no larger than 0.2-inch (5-
The construction
contractor shall
implement measures to
reduce potential impacts
to South-Central
California Coast
steelhead.
Prior to and during
construction activities
Project Applicant
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millimeter) wire mesh to prevent steelhead and other
sensitive aquatic species from entering the pump system.
Pumps will release the diverted water so that suspended
sediment will not re-enter the stream. The form and
function of pumps used during the dewatering activities will
be checked daily, at a minimum, by a qualified biological
monitor to ensure a dry work environment and minimize
adverse effects to aquatic species and habitats.
MM BIO-5 Western Pond Turtle. Prior to construction, a biologist determined
qualified by the California Department of Transportation shall survey
the Biological Study Area and capture and relocate any western pond
turtles, if present, to suitable habitat upstream of the Biological Study
Area. Observations of these or other special-status species shall be
documented on California Natural Diversity Database forms and
submitted to the California Department of Fish and Wildlife upon
project completion. If western pond turtle or other special concern
aquatic species are observed during construction, they will likewise
be relocated to suitable upstream habitat by the qualified biologist.
Survey and relocation
results shall be submitted
to the City of Arroyo
Grande.
Prior to and during
construction activities
Project Applicant
MM BIO-6 Nesting Migratory Birds. The following measures shall be included
at appropriate times to reduce potential impacts to nesting migratory
birds:
1. Prior to construction, when feasible, tree removal will be
scheduled to occur from September 16 through February
14, outside of the typical nesting bird season, to avoid
potential impacts to nesting birds.
2. If construction activities are proposed during the typical
nesting season (February 15 to September 15), a nesting
bird survey will be conducted by qualified biologists no
more than two weeks prior to the start of construction to
determine presence/absence of nesting birds within the
project area and immediate vicinity. The California
Department of Transportation will be notified if federally
listed nesting bird species are observed during the surveys
and will facilitate coordination with the U.S. Fish and
Wildlife Service, if necessary, to determine an appropriate
avoidance strategy. Likewise, coordination with California
Department of Fish and Wildlife will be facilitated by the
City of Arroyo Grande Public Works Department if
necessary to devise a suitable avoidance plan for state-
listed nesting bird species. If raptor nests are observed
within the project area during the preconstruction nesting
bird surveys, the nest(s) shall be designated an
Environmental Sensitive Area and protected by a minimum
500-foot avoidance buffer until the breeding season ends
The construction
contractor shall
implement measures to
reduce potential impacts
to nesting migratory birds;
survey results shall be
submitted to the City of
Arroyo Grande.
Prior to and during
construction activities
Project Applicant
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or until a qualified biologist determines that all young have
fledged and are no longer reliant upon the nest or parental
care for survival. Similarly, if active passerine nests are
observed within the project area during the preconstruction
nesting bird surveys, the nest(s) shall be designated an
Environmentally Sensitive Area and protected by a
minimum 250-foot avoidance buffer until the breeding
season ends or until a qualified biologist determines that all
young have fledged and are no longer reliant upon the nest
or parental care for survival. Resource agencies may
consider proposed variances from these buffers if there is
a compelling biological or ecological reason to do so, such
as protection of a nest via concealment due to site
topography.
MM BIO-7 Roosting Bats. The following measures shall be included at
appropriate times to reduce potential impacts to roosting bats:
1. Prior to construction, a visual survey will be conducted by a
qualified biologist, at dawn and at dusk, to identify potential
roosting bat activity. This survey shall be conducted
between 2 and 4 weeks prior to bridge and/or tree removal
activities. If roosting bat activity is identified during the
preconstruction survey process, the City of Arroyo Grande
will coordinate with the California Department of Fish and
Wildlife regarding the biological significance of the bat
population and appropriate measures that could be used to
exclude bats from roosting under the bridge. Measures
may include, but are not limited to, the installation of
exclusionary devices by a qualified individual.
2. If it is determined that a substantial impact to individual bat
species or a maternity roost will occur, then the City of
Arroyo Grande will compensate for the impact through the
development and implementation of a mitigation plan in
coordination with California Department of Fish and
Wildlife.
The construction
contractor shall
implement measures to
reduce potential impacts
to roosting bats; survey
results shall be submitted
to the City of Arroyo
Grande.
Prior to and during
construction activities
Project Applicant
MM BIO-8 Arroyo Willow. The following measures shall be included at
appropriate times to reduce potential impacts to Arroyo Grande
Creek:
1. Prior to initiation of any construction activities, including
vegetation clearing or grubbing, sturdy high-visibility
fencing will be installed to protect the arroyo willow thickets
adjacent to the designated work areas. This fencing will be
placed so that unnecessary adverse impacts to the
adjacent habitats are avoided. No construction work
(including storage of materials) will occur outside of the
The construction
contractor shall
implement measures to
reduce potential impacts
to arroyo willow.
Prior to and during
construction activities
Project Applicant
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specified project limits. The fencing will remain in place
during the entire construction period, be monitored
periodically by a qualified biologist, and be maintained as
needed by the contractor.
2. Prior to construction, the City of Arroyo Grande Public
Works Department will prepare a comprehensive Habitat
Mitigation and Monitoring Plan that provides for a 1:1
restoration ratio for temporary impacts and a 3:1
enhancement ratio for permanent impacts, unless
otherwise directed by regulatory agencies. To the extent
feasible, mitigation activities will be implemented within the
project area and/or the Arroyo Grande Creek riparian
corridor and areas in and adjacent to the project area that
support invasive plant species, contain agricultural trash,
and have erosion. These areas provide the most optimal
mitigation opportunities on-site. Areas within the
disturbance area where landscape trees and shrubs would
be removed may also provide opportunities for planting
native trees and riparian species. Any revegetation will be
conducted using only native plant species. The final
Habitat Mitigation and Monitoring Plan will identify the
specific mitigation sites and it will be implemented
immediately following project completion.
MM BIO-9 Arroyo Grande Creek. The following measures shall be included at
appropriate times to reduce potential impacts to Arroyo Grande
Creek:
1. Prior to construction, the City of Arroyo Grande Public
Works Department will obtain a Section 404 Permit from
the United States Army Corps of Engineers, a Section 401
Water Quality Certification from the Regional Water Quality
Control Board, and a Section 1602 Streambed Alteration
Agreement from the California Department of Fish and
Wildlife for project-related impacts that will occur in areas
under state and federal jurisdiction.
2. Prior to construction, the City of Arroyo Grande Public
Works Department will retain a qualified biological
monitor(s) to monitor construction and ensure compliance
with the avoidance and minimization efforts outlined within
all the project environmental documents. At a minimum,
monitoring will occur during initial ground disturbance
activities and vegetation removal within the Arroyo Grande
Creek corridor. Monitoring may be reduced to part time
once initial disturbance and vegetation removal activities
are complete. The duration of monitoring should be at least
The construction
contractor shall
implement measures to
reduce potential impacts
to Arroyo Grande Creek.
Prior to and during
construction activities
Project Applicant
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once per week throughout the remaining construction
phases, unless specified otherwise by permitting agencies.
3. Prior to construction, all personnel will participate in an
environmental awareness training program conducted by a
qualified biologist. The program shall include a description
of the sensitive aquatic resources and federally designated
critical habitat within the project area and the boundaries
within which the project may be accomplished. If
appropriate, the biologist may train and designate a
representative of the City of Atascadero or other designee
to provide training to subcontractors or personnel who will
be on-site for short durations during the project.
4. Construction activities within jurisdictional areas will be
conducted during the dry season when stream flows will be
at annual lows (June 1–October 15) in any given year, or
as otherwise directed by the regulatory agencies.
Deviations from this work window can be made with
permission from the relevant regulatory agencies.
5. Prior to initiation of any construction activities, including
vegetation clearing or grubbing, sturdy high-visibility
fencing will be installed to protect the jurisdictional areas
adjacent to the designated work areas. This fencing will be
placed so that unnecessary adverse impacts to the
adjacent habitats are avoided. No construction work
(including storage of materials) will occur outside of the
specified project limits. The fencing will remain in place
during the entire construction period, be monitored
periodically by a qualified biologist, and be maintained as
needed by the contractor.
6. Prior to construction, the contractor will prepare a
Hazardous Materials Response Plan to allow for a prompt
and effective response to any accidental spills. Workers
will be informed of the importance of preventing spills and
of the appropriate measures to take should a spill occur.
7. Prior to construction, a Storm Water Pollution Prevention
Plan will be prepared for the project. Provisions of this plan
will be implemented during and after construction as
necessary to avoid and minimize erosion and stormwater
pollution in and near the work area.
8. During construction, erosion control measures (e.g., silt
fencing, fiber rolls, and barriers) will remain available on-
site and will be utilized as necessary to prevent erosion
and sedimentation in jurisdictional areas. No synthetic
plastic mesh products will be used for erosion control and
use of these materials on-site is prohibited. Erosion control
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measures and other suitable Best Management Practices
used will be checked to ensure that they are intact and
functioning effectively and maintained daily throughout the
duration of construction. The contractor will also apply
adequate dust control techniques, such as site watering,
during construction to protect water quality.
9. During construction, water quality monitoring of turbidity
will be required while water is flowing.
10. During construction, the cleaning and refueling of
equipment and vehicles will occur only within a designated
staging area and at least 60 feet (20 meters) from the
creek banks. At a minimum, equipment and vehicles will be
checked and maintained daily to ensure proper operation
and avoid potential leaks or spills.
11. During construction, trash will be contained, removed from
the work site, and disposed of regularly. Following
construction, trash and construction debris will be removed
from the work areas. Vegetation removed from the
construction site will be taken to a certified landfill to
prevent the spread of invasive species. If soil from weedy
areas (such as areas with poison hemlock or other
invasive exotic plant species) must be removed off-site, the
top 6 inches (152 millimeters) containing the seed layer in
areas with weedy species will be disposed of at a
permitted landfill.
12. During construction, no pets will be allowed on the
construction site.
Cultural Resources
MM CR-1 In the event that cultural resources are encountered during project
activities, all ground-disturbing activities within a 25-foot radius of the
find shall cease and the City of Arroyo Grande shall be notified
immediately. Work shall not continue until a qualified archaeologist
assesses the find and determines the need for further study. If the
find includes Native American-affiliated materials, a local Native
American tribal representative will be contacted to work in
conjunction with the approved archaeologist to determine the need
for further study. A standard inadvertent discovery clause shall be
included in every grading and construction contract to inform
contractors of this requirement.
Cease ground disturbing
activities and immediately
notify City of Arroyo
Grande.
In the event that cultural
resources are
encountered during
project activities; during
ground-disturbing
activities on the project
site
Project Applicant
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Geology and Soils
MM GEO-1 All project-related ground disturbance that occurs in previously
undisturbed native soils shall be monitored by a qualified
paleontological monitor on a full-time basis. However, the frequency
of monitoring may be reduced at the discretion of the qualified
paleontologist if the disturbed geologic units are determined to have
a low potential to yield significant fossil resources upon further
examination of the geologic units during grading operations. In the
event that a subsurface fossil is discovered within the project area
during project activities, all work within the vicinity of the find shall
cease until the qualified paleontological monitor can assess the
significance of the find. Field data forms shall be used to record
pertinent geologic data. Any recovered fossils shall be prepared to
the point of curation, identified by qualified experts, listed in a
database to facilitate analysis, and reposited in a designated
paleontological curation facility. The qualified paleontologist shall
prepare a paleontological mitigation and monitoring report to be filed
with the City of Arroyo Grande, as lead agency, and the repository.
Monitoring results shall
be submitted to the City
of Arroyo Grande.
During project-related
ground disturbance that
occurs in previously
undisturbed native soils
Project Applicant
Hazards and Hazardous Materials
HAZ-1 Prior to the implementation of any lane/road closures or detour
routes, the City and/or its project contractors shall provide notice to
all residents, business owners, public facilities, and emergency
response providers likely to be affected by the closure and detours,
including, but not limited to, the Five Cities Fire Authority and Arroyo
Grande Police Department. The notice shall include the following
information: dates of construction, temporary lane/road closures and
detours, and contact information, including the phone number and
email address of the City staff person responsible for responding to
and addressing public complaints regarding access. The notice shall
be provided at least 2 weeks prior to any planned road closure.
The City of Arroyo
Grande and/or its project
contractors shall provide
notice to those likely to be
affected by the closure
and detours.
Within 2 weeks prior to
the implementation of any
lane/road closures or
detour routes
Project Applicant,
City of Arroyo Grande
Noise
MM N-1 Noise-generating construction activities shall be limited to the
daytime hours of 7:00 a.m. to 9:00 p.m. Monday through Friday and
8:00 a.m. to 5:00 p.m. Saturday through Sunday, excluding legal
holidays observed by the City during which no noise-generating
construction activities shall be allowed. Any exceptions to this period
of time would need to be authorized by the City of Arroyo Grande on
a case-by-case basis and would be subject to the City of Arroyo
Grande Noise Standards.
The construction
contractor shall limit
construction activities to
daytime hours.
During construction
activities
Project Applicant
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MM N-2 Internal combustion engines for construction equipment shall be
equipped with the muffler recommended by the manufacturer.
Internal combustion engines shall not be operated on the job site
without the appropriate muffler.
The construction
contractor shall use
appropriate mufflers.
During construction
activities
Project Applicant
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CITY OF ARROYO GRANDE
PROFESSIONAL SERVICES AGREEMENT
1.PARTIES AND DATE.
This Agreement is made and entered into this __ day of ____ , 20_, by and
between the City of Arroyo Grande, a municipal corporation organized under the laws of the State
of California with its principal place of business at 300 E. Branch Street, Arroyo Grande, California
93420, County of San Luis Obispo, State of California ("City") and Beacon Integrated Professional
Resources, Inc. dba Hamner, Jewell and Associates', Incorporated in the State of California, with
its principal place of business at 530 Paulding Circle, Suite A, Arroyo Grande, CA 93420
("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and
collectively as "Parties."
2.RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing Real Estate services to public clients, is
licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the Traffic Way
Bridge Replacement Project ("Project") as set forth in this Agreement.
3.TERMS.
3.1 Scope of Services and Term.
General Scope of Services. Consultant promises and agrees to furnish to the City all labor,
materials, tools, equipment, services, and incidental and customary work necessary to fully and
adequately supply the professional real estate consulting services necessary for the Project
("Services"). The Services are more particularly described in City's Request For Proposals,
Exhibit "A," and Consultant's Proposal, Exhibit "B," which exhibits are attached hereto
and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
3.1.1 Term. The term of this Agreement shall be from September 26, 2023, to
September 26, 2026, unless earlier terminated as provided herein. The City shall have the
unilateral option, at its sole discretion, to renew this Agreement automatically for no more than (2)
additional one-year terms. Consultant shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines. The Parties may, by
mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
BB&K (2023) -1-PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT 2
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3.3.10.2 Employment Eligibility: Consultant. Consultant certifies that it
fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subco nsultants
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
a violation of any such law within the five (5) years immediately preceding the date of execution
of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is
an equal opportunity employer and it shall not discriminate against any subconsultant, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully
comply with all applicable laws, rules and regulations in furnishing or using equipment and/or
providing services, including, but not limited to, emissions limits and permitting requirements
imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air
Resources Board (CARS). Consultant shall indemnify City against any fines or penalties imposed
by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable
laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is
responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall
keep itself and all subcontractors, staff, and employees fully informed of and in compliance with
all local, state and federal laws, rules and regulations that may impact, or be implicated by the
performance of the Services including, without limitation, all applicable provisions of the City's
ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33
U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code
§13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such
authority. Consultant must additionally comply with the lawful requirements of the City, and any
other municipality, drainage district, or other local agency with jurisdiction over the location where
the Services are to be conducted, regulating water quality and storm water discharges. City may
seek damages from Consultant for delay in completing the Services caused by Consultant's
failure to comply with the laws, regulations and policies described in this Section, or any other
relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
BB&K (2023) -5-PROFESSIONAL SERVICES AGREEMENT
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARROYO GRANDE AND
Hamner, Jewell & Associates
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF ARROYO GRANDE
Approved By:
Caren Ray Russum, MaY.or
Approved as to Form:
Best Best & Krieger LLP
Isaac Rosen, City Attorney
Attested By:
Jessica Matson, City Clerk
BB&K (2023) -16-
Beacon Integrated Professional Resources, Inc., a
California S Corporation dba Hamner, Jewell &
Associates
By: ---------------
Its: ---------------
Printed Name: -----------
By: ---------------
Its: ______________ _
Printed Name: -----------
PROFESSIONAL SERVICES AGREEMENT
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....,
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
1.Local Agency: City of Arroyo Grande
3. Project Description: Traffic Way Bridge Replacement
4.Project Location: Traffic Way, Arroyo Grande, CA
2.Contract DBE Goal: 0 -------------
5. Consultant's Name: Beacon Integrated Professior 6. Prime Certified DBE: □ 7. Total Contract Award Amount:
8. Total Dollar Amount for ALL Subconsultants:9.Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials 11.DBE 13. DBECertification 12.DBE Contact Information DollarSupplied Number Amount
0.00
Right of way appraisal and Acquisiton Services NIA N/A 0
Local Agency to Complete this Section $0.00 20.Local Agency Contract Yl(}z,oz,3-02---f\111mh�r· 14.TOTAL CLAIMED DBE PARTICIPATION21. Federal-Aid Project Number: g--'-��fs-0 % ��i,:.ontract Execution j:;�::>
Local Agency certifies that all DBE certifi/ations ar� valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is
������ o q /44/z<
required.
07/07/2023 23. Local Agency R�entative's Signature �-D�e 6 15. Preparer's Signature 16.Date
�-\f:M1W ��e&l -tl/2°7 J.T. Katavich 805-773-145927ocaiAgency Representative's Name 17.Preparer's Name 18.Phone�l/\ °\t�U>v Wo� �Secretary 27. Local Agency Representative's Title 19. Preparer's Title
DISTRIBUTION: 1. Original-Local Agency 2. Copy-Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management. 1120 N Street, MS-89, Sacramento, CA 95814.
Page 1 of2
July 23, 2015
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ATTACHMENT 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT NO.
F017 TO ADMINISTERING AGENCY-STATE AGREEMENT NO. 05-
5199F15 FOR THE TRAFFIC WAY BRIDGE REPLACEMENT
PROJECT
WHEREAS, the Traffic Way Bridge was built in 1932; and
WHEREAS, in 2016 an inspection revealed signs of deck cracking, failed expansion
joints, spalling concrete, concrete abrasion, and creek channel erosion; and
WHEREAS, in 2018 the Bridge was determined to be high risk and identified as a
replacement project; and
WHEREAS, on July 24, 2018, City Council approved an updated Master Service
Agreement and Program Supplement Agreement for the replacement of the Traffi c Way
Bridge; and
WHEREAS, the City and the State have entered into Administering Agency-State
Agreement for Federal Aid Funded Projects No. 05-5199R (“Traffic Way Bridge
Replacement Project”); and
WHEREAS, the State has revised the Master Agreement to incorporate various
changes in regulations and policies No.05-5199F15; and
WHEREAS, Program Supplement No. F017 to the Administering Agency-State
Agreement for Federal Aid Funded Project No. 05-5199F15 designates the State
and/ or Federal funds requested and the matching funds to be provided by the City
of Arroyo Grande for the Traffic Way Bridge Replacement Project; and
WHEREAS, the City of Arroyo Grande is eligible to receive State and/or Federal
funds.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo
Grande hereby:
1. Approves Exhibit A attached, entitled "Program Supplement Agreement No.
F017, to Administering Agency-State Agreement for Federal-Aid Projects
No. 05- 5199F15".
2. Appoints the Mayor as the official representative authorized to sign the
Program Supplement Agreement.
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RESOLUTION NO.
PAGE 2
On motion by Council Member ________, seconded by Council Member _______, and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted on this 26th day of September 2023.
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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
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F017 Rev. 1
FOR FEDERAL-AID PROJECTS NO 05-5199F15
0518000146
January 31, 2023
05-SLO-0-ARGD
BRLS-5199(030)
5199
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 08/07/2018 and is subject to all the terms and
conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No. approved by the Administering Agency on
(See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages.
Traffic Way Bridge (Bridge Replacement) - Br. No. 49C-0318
Bridge Replacement 0.0(MILES)
Federal FundsEstimated Cost Matching Funds
Z001 $1,040,228.00
Y001 $575,445.00
CITY OF ARROYO GRANDE
By ________________________________By ________________________________
Title _______________________________
Date _______________________________
Attest _______________________________Date _______________________________
Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________Date _______________
PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK:LENGTH:
LOCAL OTHER
$1,825,000.00 $209,327.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$1,615,673.00
1Page of 7Program Supplement 05-5199F15-F017-R1-
02/01/2023
EXHIBIT A
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SPECIAL COVENANTS OR REMARKS
05-SLO-0-ARGD
BRLS-5199(030)
1.A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s)
of this project prior to receiving an "Authorization to Proceed" from the STATE for that
phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be
made available by future Federal obligations will be encumbered on this PROJECT by use of
a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING
AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts
obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award and prior to the submittal
of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures
Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every
six months commencing after the funds are encumbered for each phase by the execution of
this Project Program Supplement Agreement, or by STATE's approval of an applicable
Finance Letter. STATE reserves the right to suspend future authorizations/obligations for
Federal aid projects, or encumbrances for State funded projects, as well as to suspend
invoice payments for any on-going or future project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month
period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to
submit for each phase a written explanation of the absence of PROJECT activity along with
target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE imposing sanctions upon
ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures
Manual.
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F. Administering Agency shall not discriminate on the basis of race, religion, age, disability,
color, national origin, or sex in the award and performance of any Federal-assisted contract or
in the administration of its DBE Program Implementation Agreement. The Administering
Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure
nondiscrimination in the award and administration of Federal-assisted contracts. The
Administering Agency's DBE Implementation Agreement is incorporated by reference in this
Agreement. Implementation of the DBE Implementation Agreement, including but not limited
to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry
out its terms shall be treated as a violation of this Agreement. Upon notification to the
Administering Agency of its failure to carry out its DBE Implementation Agreement, the State
may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the limited
period is from the start of the fiscal year that the specific fund was appropriated within the
State Budget Act to the applicable fund Reversion Date shown on the State approved project
finance letter. Per Government Code Section 16304, all project funds not liquidated within
these periods will revert unless an executed Cooperative Work Agreement extending these
dates is requested by the ADMINISTERING AGENCY and approved by the California
Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local
Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the
lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the
Department of Finance; in order for payment to be made, the last date the District Local
Assistance Engineer can forward an invoice for payment to the Department's Local Programs
Accounting Office for reimbursable work for funds that are going to revert at the end of a
particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated
sums of project specific State and Federal funding remaining and available to fund project
work, any invoice for reimbursement involving applicable funds that is not received by the
Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed
fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by
the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering
Agency certifies that NO members of the elected board, council, or other key decision makers
are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
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2.A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures
(including those set forth in the Local Assistance Procedures Manual and the Local
Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE
PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation
(CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations,
and policy and procedural or instructional memoranda, unless otherwise specifically waived
as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup
documentation for costs incurred and claimed for reimbursement by ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation
with invoices if requested by State. Acceptable backup documentation includes, but is not
limited to, agency's progress payment to the contractors, copies of cancelled checks showing
amounts made payable to vendors and contractors, and/or a computerized summary of
PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service
Cost Allocation Plans and related documentation are to be prepared and provided to STATE
(Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY
seeking reimbursement of indirect costs incurred within each fiscal year being claimed for
State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the
requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural
Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence
(per diem) expenses of ADMINISTERING AGENCY forces and its contractors and
subcontractors claimed for reimbursement or as local match credit shall not exceed rates
authorized to be paid rank and file STATE employees under current State Department of
Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY
are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference,
and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by
ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
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SPECIAL COVENANTS OR REMARKS
05-SLO-0-ARGD
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G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to
determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2
CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public
Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E
services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR,
48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are
subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK
and records and ADMINISTERING AGENCY agrees, and shall require its contractors and
subcontractors to agree, to cooperate with STATE by making all appropriate and relevant
PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors,
and STATE shall each maintain and make available for inspection and audit by STATE, the
California State Auditor, or any duly authorized representative of STATE or the United States
all books, documents, papers, accounting records, and other evidence pertaining to the
performance of such contracts, including, but not limited to, the costs of administering those
various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM
SUPPLEMENT, and contract materials available at their respective offices at all reasonable
times during the entire PROJECT period and for three (3) years from the date of submission
of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and
maintain a financial management system and records that properly accumulate and segregate
reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line
item for the PROJECT. The financial management system
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SPECIAL COVENANTS OR REMARKS
05-SLO-0-ARGD
BRLS-5199(030)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year
of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting
the terms of this AGREEMENT in the schedule of projects to be examined in
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined
under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction
contracts over $10,000, or other contracts over $25,000 [excluding professional service
contracts of the type which are required to be procured in accordance with Government Code
sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be
performed under this AGREEMENT without the prior written approval of STATE. Contracts
awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the
requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this
agreement.
3.In the event that right of way acquisition for or construction of this project of the initial federal
authorization for preliminary engineering is not started by the close of the tenth fiscal year
following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY
shall repay the Federal Highway Administration through Caltrans the sum of Federal funds
paid under the terms of this agreement.
4.Appendix E of the Title VI Assurances (US DOT Order 1050.2A)
During the performance of this agreement, the ADMINISTERING AGENCY,
ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the
"contractor") agrees to comply with the following nondiscrimination statutes and authorities;
including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
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SPECIAL COVENANTS OR REMARKS
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1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of Federal or Federal-aid programs and projects);
C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the
basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or
activities" to include all of the programs or activities of the Federal-aid recipients,
subrecipients and contractors, whether such programs or activities are Federally funded or
not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
7Page of 7Program Supplement 05-5199F15-F017-R1-
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Item 9.f.
MEMORANDUM
TO: City Council
FROM: Steve Kahn, Interim Public Works Director
BY: Shane Taylor, Utilities Manager
SUBJECT: Monthly Water Supply and Demand Update
DATE: September 26, 2023
SUMMARY OF ACTION:
The update reports the City’s total water supply and demand for August 2023. Current
Lopez Reservoir level and projected levels are provided in the attachments.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Approximately two (2) hours of staff time is required to prepare the report.
RECOMMENDATION:
Receive and file the Monthly Water Supply and Demand Update.
BACKGROUND:
On March 28, 2023, the City Council adopted a Resolution rescinding the declaration o f
a State 1 Water Shortage Emergency and related water shortage restrictions and
penalties.
The City of Arroyo Grande’s water entitlements are calculated on a water year that begins
April 1st. The current water supply for water year 2023/2024 includes 2,2 90 Acre Feet
from Lopez Reservoir, 1,323 Acre Feet of groundwater entitlement from the Santa Maria
River Groundwater Basin, and 160 Acre Feet from the City’s wells that draw from the
Pismo formation.
The predicted water use for 2023/2024 water year is 2,2 00 Acre Feet.
In August 2023, the City’s water use was 207.2 Acre Feet with a per capita use of 121
gallons per day/per person. The residential per capita use was 93 gallons per day/per
person. There was a total of 0 inches of rainfall in the City in Augu st 2023.
The rainfall total at the city Corporation Yard gauge for the season of 2023/2024 is 0
inches.
Page 340 of 575
Item 9.f.
City Council
Monthly Water Supply and Demand Update
September 26, 2023
Page 2
ANALYSIS OF ISSUES:
The United States Drought Monitor, as of September 11, 2023, shows San Luis Obispo
County is not in a drought. Rainfall for the period of August 1, 2023, through August 31,
2023, is 0 inches at the Corporation Yard rain gauge. Lopez Lake is at 97.2% (48,000
Acre Feet) as of September 11, 2023. The 2022/2023 water year ended on March 31,
2023.
Lopez Lake began a continuous spill on March 23, 2023, and stopped spilling as of June
21, 2023. As of June 20, 2023, 14,457 Acre Feet had spilled from Lopez Lake. During a
spill, all deliveries are waived and not charged towards contract entitlement. The City has
405 Acre Feet of entitlement credit due to the spill.
The deep well index for the third quarter of 2023 was completed on July 6, 2023, and is
11.57 feet above sea level, which is 4.7 feet above the threshold value. The current deep
well index is 0.66 feet lower than April 2023, and 6.23 feet higher than July 2022.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Receive and file the report, or
2. Provide other directions to staff.
ADVANTAGES:
The report provides the City Council and the public with the current and projected
conditions of our water supply and demand.
DISADVANTAGES:
No disadvantages noted at this time.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Monthly Operations Report
2. Lopez Reservoir Storage Projection
3. Yearly Water Use Supply & Demand
Page 341 of 575
Page 342 of 575
Page 343 of 575
Attachment 3196.4207.2115121050100150200250Aug‐22 Aug‐23Monthly Water Use ComparisonAcre FeetUsage (gpcd)Page 344 of 575
Item 9.g.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
SUBJECT: Consideration of a Consultant Services Agreement for Building
Division Staff, Plan Review, and Inspection Services
DATE: September 26, 2023
SUMMARY OF ACTION:
Approval of a consultant Professional Services Agreement for Building Division staff, plan
review, and inspection services.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No costs are associated with contract awards. Costs will be incurred for specific projects
and services in compliance with the approved budget. Fiscal Year 2023 -24 and Fiscal
Year 2024-25 budgets each contain $375,000 for the Building Division Contractual
Services account. Funds for additional/extension years will be allocated for in future
budgets.
RECOMMENDATION:
1) Approve and authorize the Mayor to execute the Professional Services Agreement for
Consultant Services for Building Division staff, plan review, and inspection services; 2)
Make 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.)
BACKGROUND:
The use of consultants has proven to be an effective tool in the timely evaluation and
delivery of City projects and services. In this case, the Community Development
Department began utilizing the services of on-call contract building inspectors in 2006
when budget constraints eliminated the full-time building inspector position. Contract
building plan review services have been used on an as-needed basis for many years
during concentrated/peak permit submittal time frames, and for larger, more complex
projects. In 2021, the utilization of a full contract building plan review and inspection
services consultant began and again proved to improve customer service to City building
Page 345 of 575
Item 9.g.
City Council
Consideration of a Consultant Services Agreement for Building Division Staff,
Plan Review, and Inspection Services
September 26, 2023
Page 2
permit applicants and decrease wait times for plan reviews and inspections. The most
recent building plan review and inspection services consultant agreement was approved
with BPR in September 2021 including the Chief Building Official (CBO), plan review and
inspection services. In August 2022, the City hired an in-house Building Permit Technician
to provide permit administrative services and act as a City Hall front counter presence for
the Building Division. The existing building services contract with BPR expired on
September 14, 2023. In anticipation of the expiration of the City’s contract with BPR, staff
made the decision to explore other service provider opportunities through the Request for
Proposals (RFP) process, while utilizing a short-term interim Professional Services
Agreement with CSG to ensure no gaps in service before Council could consider a longer-
term solution and move through the more formal RFP process. That interim Professional
Services Agreement was approved with a not-too-exceed that was within the City
Manager’s existing contract authority. Staff’s recommendation for CSG was based on a
full review of all submitted proposals in accordance with the C ity’s RFP process.
Qualifications Received and Evaluation Process
On August 31, 2023, the City issued a RFP for Building Division Staff and Plan Review
Services. Prior to the close of the RFP deadline on September 13, 2023, the City received
RFPs from six (6) separate companies. Each of the proposals were ranked by City staff
based on the following publicly advertised criteria:
1. Responsiveness to RFP;
2. Quantity, quality and relevance of the firm’s experience and resources; and
3. References
Based on staff’s review, the City conducted interviews with the three top companies. CSG
Consultants was identified as the top firm because of their ability to provide a greater
degree of local inspectors, excellent qualifications and customer service, and competitive
costs of service fees. Staff entered into contract negotiation with CSG Consultants, which
has agreed to a draft contract, based on the City’s template Professional Services
Agreement (Attachment 1).
ANALYSIS OF ISSUES:
The current proposal for consideration by the City Council is for Building Division services
that will provide the following:
Building Plan Review Services - remote and/or on-site Plan Review staff;
All levels of on-site Building Inspection, as well as remote/virtual inspections;
As-needed Certified Building Official position services; and
Excellent and timely customer service, work well with residents, business owners,
contractors, building industry professionals, and City staff.
Staff has developed a budget-conscious and applicant-centric Building Division services
model that has worked through refinement over the past couple of years. Significant
Page 346 of 575
Item 9.g.
City Council
Consideration of a Consultant Services Agreement for Building Division Staff,
Plan Review, and Inspection Services
September 26, 2023
Page 3
improvements have been made in permit processing time, predictability of inspections,
and Building Code and life and safety compliance communications. The City has received
positive feedback from staff, residential applicants, and industry professionals
(contractors, Architects, and Engineers) while staff and the City’s contract service
providers continuously review processes for improvement.
The customized set of services in the proposed agreement includes:
A Part Time CBO will conduct inspections, address issues out in the field and over
the phone, and provide appropriate options if possible, to code compliance
difficulties. The CBO also manages the plan review and inspection staff and
reports to the Community Development Director and City Management staff.
Part Time Building Inspector will conduct both standard residential and mo re
complicated commercial inspections.
Full Building Plan Review services (remote). All Building Plans are submitted
electronically and reviewed by the contracted service.
The intention of having a City-employed Building Permit Technician is to ensure and
maintain a high level customer service by having a dedicated, on -site, and internal staff
person. The Building Permit Technician is intended to be the “hub” and coordinator of the
Building Permit System. This allows all applicants to have the capability to directly contact
City staff with permit status, processing, and submittal questions, thereby saving time and
money. The Building Permit Technician position has recently become vacant, and a
recruitment for this position is underway.
The term length of the proposed agreement with CSG Consultants is two (2) years, with
an option to extend the agreement for an additional two (2) years.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staff's recommendations;
2. Do not approve staff's recommendations - This option will require on-call interim
service to continue but will not provide the predictability and certainty to applicants,
contractors, and developers with the availability of continuous service delivery; or
3. Provide other direction to staff.
ADVANTAGES:
Approving the agreement with CSG Consultants will continue to allow the City to provide
high quality plan review and inspection within a reasonable time -period, particularly
through a consultant that can provide more local inspections.
Over time, the consulting firm will develop a better understanding of the City's procedures,
practices, and expectations, continuing to enhance efficiency and product delivery. This
Page 347 of 575
Item 9.g.
City Council
Consideration of a Consultant Services Agreement for Building Division Staff,
Plan Review, and Inspection Services
September 26, 2023
Page 4
will in turn help the customer experience as t hey develop a relationship with applicants,
contractors, and developers.
Establishment of this service agreement does not preclude the City from obtaining
consultant services through the formal Request for Proposals (RFP) process for more
specific project needs, specialty work, or grant requirements.
DISADVANTAGES:
None known at this time.
ENVIRONMENTAL REVIEW:
The contract agreement is not a project subject to the California Environmental Quality
Act (“CEQA”) because the approval of a Professional Services Agreement for the
contemplated services 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 Consultant Services Agreement
Page 348 of 575
ATTACHMENT 1
BB&K (2023) -1- PROFESSIONAL SERVICES AGREEMENT
CITY OF ARROYO GRANDE
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 20___, by and
between the City of Arroyo Grande, a municipal corporation organized under the laws of the State
of California with its principal place of business at 300 E. Branch Street, Arroyo Grande, California
93420, County of San Luis Obispo, State of California ("City") and CSG Consultants, Inc., with its
principal place of business at 550 Pilgrim Drive, Foster City, CA 94404 ("Consultant"). City and
Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing Building Division services to public
clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render professional services for the provision of
Building Division consulting services (the “Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Building Division consulting services
necessary for the Project ("Services"). The Services are more particularly described in Exhibit
"A" attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. Unless earlier terminated as provided herein, the term of this
Agreement shall be from October 16, 2023 to October 16, 2025. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines. This Agreement may be extended for one (1) additional two (2) year period after the
Initial Term upon written agreement by the City and Consultant. All terms and conditions of this
Agreement shall apply to the additional two (2) year term.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference.
Page 349 of 575
ATTACHMENT 1
BB&K (2023) -2- PROFESSIONAL SERVICES AGREEMENT
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly
invoice which indicates work completed and hours of Services rendered by Consultant. The
invoice shall describe the amount of Services provided since the initial commencement date, or
since the start of the subsequent billing periods, as appropriate, thr ough the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Payment shall not constitute acceptance of any Services completed by Consultant. The
making of final payment shall not constitute a waiver of any claims by the City for any reason
whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City
and shall at all times be under Consultant's exclusive direction and control. Neither City, or any
of its officials, officers, directors, employees or agents shall have control over the conduct of
Consultant or any of Consultants officers, employees or agents, except as set forth in this
Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in
connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt
and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B"
attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel
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of at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. The key personnel for performance of this Agreement are as follows: Bryan
Spain, Regional Operations Manager.
3.3.5 City's Representative. The City hereby designates the Community
Development Director, or his/her designee, to act as its representative in all matters pertaining to
the administration and performance of this Agreement ("City's Representative"). City's
Representative shall have the power to act on behalf of the City for review and approval of all
products submitted by Consultant but not the authority to enlarge the Scope of Services or change
the total compensation due to Consultant under this Agreement. The City Manager shall be
authorized to act on City's behalf and to execute all necessary documents which enlarge the
Scope of Services or change the Consultant's total compensation subject to the provisions
contained in this Agreement. Consultant shall not accept direction or orders from any person
other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Bryan Spain,
Regional Operations Manager, or his/her designee, to act as its representative for the
performance of this Agreement ("Consultant's Representative"). Consultant's Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant's Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, consultants and other staff at
all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided for herein. Any employee of the Consultant or its
subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the City, shall
be promptly removed from the Project by the Consultant and shall not be re-employed to perform
any of the Services or to work on the Project.
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3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this
Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall
also perform the Services in strict accordance with any completion schedule or Project milestones
described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing
by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services
are not completed within the aforementioned Performance Time and/or pursuant to any such
Performance Milestones developed pursuant to provisions of this Agreement, it is understood,
acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include a Force
Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s
performance and is one or more of the following: (1) Acts of God or other natural disasters; (2)
terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by
governmental authorities that are required for the services); (4) strikes and other organized labor
action occurring at the site and the effects thereof on the services, only to the extent such strikes
and other organized labor action are beyond the control of Consultant and its subcontractors, and
to the extent the effects thereof cannot be avoided by use of replacement workers; and (5)
pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of a public agency applicable to
the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party
shall, within a reasonable time of being prevented from performing, give written notice to the other
Party describing the circumstances preventing continued performance and the efforts being made
to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of
the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully
informed of and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all violations
of such laws and regulations in connection with the Services and this Agreement. All violations
of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it
fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
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a violation of any such law within the five (5) years immediately preceding the date of execution
of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is
an equal opportunity employer and it shall not discriminate against any subconsultant, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully
comply with all applicable laws, rules and regulations in furnishing or using equipment and/or
providing services, including, but not limited to, emissions limits and permitting requirements
imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air
Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed
by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable
laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is
responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall
keep itself and all subcontractors, staff, and employees fully informed of and in compliance with
all local, state and federal laws, rules and regulations that may impact, or be implicated by the
performance of the Services including, without limitation, all applicable provisions of the City’s
ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33
U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code
§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such
authority. Consultant must additionally comply with the lawful requirements of the City, and any
other municipality, drainage district, or other local agency with jurisdiction over the location where
the Services are to be conducted, regulating water quality and storm water discharges. City may
seek damages from Consultant for delay in completing the Services caused by Consultant’s
failure to comply with the laws, regulations and policies described in this Section, or any other
relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Consultant shall not allow any subconsultant to
commence work on any subcontract until it has provided evidence satisfactory to the City that the
subconsultant has secured all insurance required under this section. Failure to provide and
maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
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3.3.11.2 Types of Insurance Required. As a condition precedent to the
effectiveness of this Agreement for work to be performed hereunder, and without limiting the
indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations
under such Agreement, shall procure and maintain in full force and effect during the t erm of the
Agreement the following policies of insurance. If the existing policies do not meet the insurance
requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies
to do so.
(A) Commercial General Liability: Commercial General Liability
Insurance which affords coverage at least as broad as Insurance Services Office "occurrence"
form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence
and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to
the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for
contractual liability; (2) excluding coverage for claims or suits by one insured against another
(cross-liability); (3) products/completed operations liability; or (4) containing any other
exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability
Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering
"Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all
activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of
not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional
Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with
limits of not less than $1,000,000. Covered professional services shall specifically include all
work to be performed under the Agreement and delete any exclusions that may potentially affect
the work to be performed (for example, any exclusions relating to lead, asbestos, pollution,
testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on
a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement
and continuous coverage will be maintained or an extended reporting period will be exercised for
a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms approved by
the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The
City, its officials, officers, employees, agents, and volunteers shall be additional insureds with
regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude
"contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other
exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial
General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10
10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this
requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage
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reduced until a thirty (30) day written notice of cancellation has been served upon the City except
ten (10) days shall be allowed for non-payment of premium.
(B) Automobile Liability. (1) Cancellation: Required insurance
policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of
cancellation has been served upon the City except ten (10) days shall be allowed for non-payment
of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day
written notice of cancellation has been served upon the City except ten (10) days shall be allowed
for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall
include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the
insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written
notice of cancellation has been served upon the City except ten (10) days shall be allowed for
non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the
insurer waives all rights of subrogation against the City, its officials, officers, employees, agents,
and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of
Commercial General Liability and Automobile Liability insurance shall be primary and any other
insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees,
agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be
endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages,
except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation
in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-
insured retention must be approved in writing by the City and shall protect the City, its officials,
officers, employees, agents, and volunteers in the same manner and to the same extent as they
would have been protected had the policy or policies not contained a deductible or self-insured
retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the
execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall
deliver either certified copies of the required policies, or original certificates on forms approved by
the City, together with all endorsements affecting each policy. Required insurance policies shall
not be in compliance if they include any limiting provision or endorsement that has not been
submitted to the City for approval. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that
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such insurance coverage has been renewed or extended shall be filed with the City. If such
coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the
required coverage, Consultant shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance company
or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a
company or companies with a current A.M. Best's rating of no less than A:VII and authorized to
transact business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code or any
federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligation on the City
nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage
or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or
other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance by the
City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is canceled
and not replaced, City has the right but not the duty to obtain the insurance it deems necessary
and any premium paid by City will be promptly reimbursed by Consultant or City will withhold
amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel
this Agreement.
(C) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(D) Neither the City nor any of its officials, officers, employees,
agents or volunteers shall be personally responsible for any liability arising under or by virtue of
this Agreement.
(E) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the limits of
liability. Further the limits set forth herein shall not be construed to relieve the Consultant from
liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations
to the City and shall not preclude the City from taking such other actions available to the City
under other provisions of the Agreement or law.
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(F) Consultant shall report to the City, in addition to Consultant’s
insurer, any and all insurance claims submitted by Consultant in connection with the Services
under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all
subconsultants engaged in any work for Consultant relating to this Agreement as additional
insureds under the Consultant's policies, or the Consultant shall be responsible for causing
subconsultants to purchase the appropriate insurance in compliance with the terms of these
Insurance Requirements, including adding the City, its officials, officers, employees, agents, and
volunteers as additional insureds to the subconsultant's policies. All policies of Commercial
General Liability insurance provided by Consultant’s subconsultants performing work relating t o
this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an
endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to
commence work on any subcontract relating to this Agreement until it has received satisfactory
evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to
the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this
section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall
provide Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execut e the Services
available to interested parties upon request, and shall post copies at the Consultant's principal
place of business and at the project site. It is the intent of the parties to effectuate the
requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code
within this Agreement, and Consultant shall therefore comply with such Labor Code sections to
the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, agents, and volunteers free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
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records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant
or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall
not be exclusive and are in addition to any other rights and remedies provided by law, equity or
under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel
reasonably approved by the City), indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Consultant’s
Services, the Project or this Agreement, including without limitation the payment of all damages,
expert witness fees and attorney’s fees and other related costs and expenses except such loss
or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation
to indemnify shall survive expiration or termination of this Agreement and shall not be restricted
to insurance proceeds, if any, received by Consultant, the City, its officials, office rs, employees,
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agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which
is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case
law regarding classification of workers as independent contractors, including California Labor
Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903
(2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant
shall only utilize its employees to provide the Services. Consultant may not provide the services
through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless
approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants
that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees,
and that Consultant complies with all applicable laws, rules and regulations governing its
employees, including, but not limited to, the California Labor Code, Unemployment Insurance
Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any
Subcontractor to provide the Services, or any portion of the work required by this Agreement,
without prior written approval of City. In the event that City authorizes Consultant to use a
Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must
include all provisions of the Agreement, including a restriction on the Subcontractor’s use of
further independent contractors, subcontractors or subconsultants without the City’s prior written
consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
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ATTN: Bryan Spain
City: City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
ATTN: Brian Pedrotti, Community Development Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subconsultant prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or
reuse of the Documents and Data or any part of them at any time for purposes of this Project or
another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
Page 360 of 575
ATTACHMENT 1
BB&K (2023) -13- PROFESSIONAL SERVICES AGREEMENT
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the
City, its directors, officials, officers, employees, volunteers and agents free and harmless,
pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any
patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person
or entity in consequence of the use on the Project by City of the Documents & Data, including any
method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in San Luis Obispo County. In addition to any and all contract
requirements pertaining to notices of and requests for compensation or payment for extra work,
disputed work, claims and/or changed conditions, Consultant must comply with the claim
procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against
the City. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited to those matters that remain unresolved after all
Page 361 of 575
ATTACHMENT 1
BB&K (2023) -14- PROFESSIONAL SERVICES AGREEMENT
procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been
followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite
contractual requirements are not otherwise satisfied as specified herein, Consultant shall be
barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this
Agreement or any rights under or interest in this Agreement without the written consent of the
City, which may be withheld for any reason. Any attempt to so assign or so transfer without such
consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except
as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of
this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
Page 362 of 575
ATTACHMENT 1
BB&K (2023) -15- PROFESSIONAL SERVICES AGREEMENT
for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this Agreement,
or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
Page 363 of 575
ATTACHMENT 1
BB&K (2023) -16- PROFESSIONAL SERVICES AGREEMENT
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARROYO GRANDE AND
CSG CONSULTANTS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF ARROYO GRANDE CSG CONSULTANTS, INC
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
Bill Robeson
Interim City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
Page 364 of 575
ATTACHMENT 1
BB&K (2020) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES
The Services provided by consultant will include building inspection services, building
plan review, and building official support services.
Building inspections shall include all aspects of construction including structural, fire
prevention, life safety, electrical, plumbing, mechanical, energy efficiency, accessibility
standards, and site work. Adequate inspection services shall be provided to enforce compliance
with the conditions of approval, City, State, and Federal laws and the requirements set forth on
the plans for which the permit was issued. The Consultant shall coordinate with other City
departments to include Planning, Engineering, Public Works, Police and Five Cities Fire as
required. When infractions are observed, Consultant’s inspectors shall write citations and/or
stop work in progress depending on the nature of the infraction, document actions, and testify in
court if necessary.
Building plan review will include full on-site and remote building plan review services,
including Green Building Standards, Accessibility, and Fire Plan Review. The Consultant shall
coordinate with other City departments to include Planning, Engineering, Public Works, Police
and Five Cities Fire as required. The Consultant must provide details and documentation of the
plan review process. Building official support services requires resolution of building plan review
issues and building inspections, and more generally, the provision of Building Official services
on an hourly and as needed basis, including remote availability. Building official support
services also requires attendance at weekly meetings as requested by the Community
Development Director or their designee. Building inspections would be conducted on Monday,
Wednesday and Friday during this time period.
Building official support services also involves making determinations and
recommendations involving complicated building code compliance concerning building
safety matters and performing other related duties as assigned by the Community
Development Director or their designee.
Page 365 of 575
ATTACHMENT 1
BB&K (2020) Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT
Page 366 of 575
ATTACHMENT 1
BB&K (2020) Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT
Page 367 of 575
ATTACHMENT 1
BB&K (2020) Exhibit “A-I-2” PROFESSIONAL SERVICES AGREEMENT
Page 368 of 575
ATTACHMENT 1
BB&K (2020) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
Page 369 of 575
ATTACHMENT 1
BB&K (2020) Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT
Page 370 of 575
ATTACHMENT 1
BB&K (2020) Exhibit “B”-3 PROFESSIONAL SERVICES AGREEMENT
Page 371 of 575
ATTACHMENT 1
BB&K (2020) Exhibit “B”-4 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
SCHEDULE OF SERVICES
Page 372 of 575
BB&K (2020) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"
COMPENSATION
Page 373 of 575
Item 10.a.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director
BY: Pete Gonda, Consulting Senior Manager, Baker Tilly
Aleah Bergam, Management Analyst
SUBJECT: 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
DATE: September 26, 2023
SUMMARY OF ACTION:
Conduct the first reading, by title only, introduce and hold a public hearing on the following
Ordinance: “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.”
Adoption of this ordinance will be at a future City Council meeting. Adopt a resolution
designating dollar thresholds for awarding contracts and review a draft of the updated
Purchasing Policies and Procedures Manual.
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) Introduce the Ordinance amending Arroyo Grande Municipal Code Chapter 3.08 of
Title 3 to Update the City’s Purchasing System; 2) Adopt a Resolution designating dollar
thresholds for awarding contracts; 3) Review a draft of the updated Purchasing Policies
and Procedures Manual; and 4) Make findings that introducing a proposed Ordinance,
adopting a Resolution designating dollar thresholds for awarding contracts, and reviewing
the purchasing policies and procedures 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.)
Page 374 of 575
Item 10.a.
City Council
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
September 26, 2023
Page 2
BACKGROUND:
The City’s current purchasing Ordinance is contained in Chapter 3.08 of the Municipal
Code as well as in a Purchasing Policies and Procedures Manual (Attachment 4). The
last comprehensive policy update was in March 2000. A local government consulting firm ,
Baker Tilly, formerly Management Pa rtners, was engaged in 2022 to review the City’s
purchasing policies and procedures and provided the following major observations:
The City’s procurement policies and procedures contained in the municipal code
and the procedural manual are outdated and do not incorporate or reference
changes in state and federal laws that have occurred over the last twenty-plus
years.
The City’s purchasing policies and procedures manual does not adequately reflect
best practices.
The City’s competitive bidding and contract award thresholds for the purchase of
goods and services are exceedingly low when compared to best practices and
surrounding jurisdictions as shown in Attachment 5.
The outdated and low competitive bidding and contract award thresholds impact
the efficiency and effectiveness of City operations.
Baker Tilly worked closely with the Administrative Services Department and the City
Attorney to rewrite the purchasing ordinance and the policies and procedures manual to
reflect best practices and changes in state and federal law that have occurred since the
last update. Key ordinance revisions are summarized below. Given the comprehensive
nature of the rewrite, a redlined version of the existing municipal code chapter has not
been prepared.
The existing Ordinance can be found in its entirety here: Arroyo Grande Municipal Code
Chapter 3.08 (Purchasing Procedure).
ANALYSIS OF ISSUES:
The draft rewrite of the purchasing ordinance includes the following key additions,
clarifications, and updates:
New Section Additions Clarifications and Updates
Incorporate pertinent definitions
Establish purchasing compliance oversight
Enumerate purchasing responsibilities of
department heads
Include prohibition on bid splitting
Add provisions regarding contract
amendments, making purchases with grant
Specify contract award authority and
delegation thereof
Clarify solicitation procedures for goods and
services
Enumerate competitive bidding exceptions
Articulate requirements associated with
emergency purchases
Page 375 of 575
Item 10.a.
City Council
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
September 26, 2023
Page 3
funding, disposing surplus property, and
public procurement ethics
Incorporate best practice bid protest
procedures
Provide administrative flexibility to city
manager to update purchasing procedures
Cross reference new requirements
associated with green purchasing
Provide greater flexibility for awarding
contracts to local businesses
Update bidding procedures for public projects
In addition to the changes noted above, an essential update involves modifying the
contract award authority thresholds for the City Council, city manager and department
heads. For example, the City Council must approve goods and general services contracts
that exceed $10,000 and professional services contracts greater than $25,000. These
dollar thresholds are exceedingly low when compared to best practice and surrounding
jurisdictions, have not kept up with inflationary increases in labor, services, and materials,
and result in administrative inefficiencies, by adding weeks of processing time to many
smaller project needs. Modifications are also proposed for competitive bidding thresholds.
List of Comparable Agencies and Purchasing Process and Approval Thresholds
In developing the updated approval thresholds and informal and formal bidding
thresholds, staff conducted research on agencies proximate to Arroyo Grande including
Atascadero, Lompoc, Morro Bay, Paso Robles, Pismo Beach, Grover Beach, San Luis
Obispo, and Santa Maria. It is important to note that every jurisdiction surveyed has
bidding and contract award thresholds that are higher than Arroyo Grande’s current limits.
Attachment 5 includes the survey details. Additionally, Atascadero, Morro Bay, Paso
Robles, Pismo Beach, and San Luis Obispo updated their purchasing ordinances in 2022;
Lompoc and Santa Maria made updates in 2017 and 2018, respectively, and Grover
Beach adopted an ordinance update on August 28, 2023.
For alignment with best practices and to facilitate administrative efficiency, staff
recommends increasing the City’s competitive bidding and contract award thresholds for
goods and services as follows:
Page 376 of 575
Item 10.a.
City Council
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
September 26, 2023
Page 4
Competitive Bid Thresholds
Contract Award Thresholds
In addition to the changes noted above, modifications are also proposed to the thresholds
for public projects to maintain consistency with increases prescribed by the California
Uniform Construction Cost Accounting Commission (for public proj ects the City follows
the bidding procedures established by the California Uniform Public Construction Cost
Account Act, or CUPCCAA). On April 13, 1999, City Council approved Resolution No.
3356 adopting bidding procedures for public projects under the CUPCCAA. Current
CUPCCAA bidding thresholds are as follows:
No bids required for projects up to $60,000
Informal bids required for projects greater than $60,000 up to $200,000
Formal bids required for projects greater than $200,000
Currently, more than 1,500 cities, counties, school/special districts follow the CUPCCAA
bidding procedures, including 250 of California’s 482 cities.
Procurement
Type
None
Required Informal Formal
None
Required Informal Formal
Goods, general
services
Up to
$1,500
$1,501 to
$10,000
Greater than
$10,000
Up to
$5,000
Up to
$50,000
Greater than
$50,000
Professional
Services
Up to
$1,500
$1,501 to
$25,000
Greater than
$25,000
Up to
$5,000
Up to
$50,000
Greater than
$50,000
Current Competitive Bid
Threshold Requirements
Proposed Competitive Bid
Threshold Requirements
Procurement
Type
Department
Head
City
Manager City Council
Department
Head
City
Manager City Council
Goods, general
services
Up to
$5,000
Up to
$10,000
Greater than
$10,000
Up to
$50,000
Up to
$100,000
Greater than
$100,000
Professional
Services
Up to
$5,000
Up to
$25,000
Greater than
$25,000
Up to
$50,000
Up to
$100,000
Greater than
$100,000
Current Contract Award
Thresholds
Proposed Contract Award
Thresholds
Page 377 of 575
Item 10.a.
City Council
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
September 26, 2023
Page 5
The municipal code revisions will be supplemented by the Purchasing Policies and
Procedures Manual, which includes administrative details; it must be approved by the City
Manager and must remain consistent with the Municipal Code. The updated Ordinance
will establish Purchasing thresholds by resolution; the Purchasing Policies and
Procedures Manual will remain a draft until Council approves these thresholds. Once
approved the final document will be provided to staff for implementation.
Next steps:
Second reading and adoption of the Ordinance is scheduled for October 10, 2023.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Introduce the Ordinance amending Arroyo Grande Municipal Code Chapter 3.08
of Title 3 to Update the City’s Purchasing System; Adopt the Resolution
designating dollar thresholds for awarding contracts; and Review a draft of the
updated Purchasing Policies and Procedures Manual;
2. Council may direct staff to make modifications to the recommended purchasing
ordinance updates or may direct staff to make no update to the Municipal Code in
this area; or
3. Provide other direction to staff.
ADVANTAGES:
The last comprehensive update to the purchasing Ordinance was more than twenty years
ago. 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:
Introducing Proposed Ordinance, Adopt Resolution Designating Dollar Thresholds for
Awarding Contracts, and Review Purchasing Policies and Procedures 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.)
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. A public hearing notice was published in the Tribune
newspaper on September 15, 2023.
Page 378 of 575
Item 10.a.
City Council
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
September 26, 2023
Page 6
Attachments:
1. Proposed Ordinance: “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. Proposed Resolution Designating Dollar Thresholds for Awarding Contracts
3. Draft Updated Purchasing Policies and Procedures Manual
4. City of Arroyo Grande Purchasing Policies and Procedures Manual 2000
5. Local Agency Consolidated Survey
Page 379 of 575
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 3.0 8 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 improvement; and
WHEREAS, as part of this purchasing system overhaul, the ordinance 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does 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:
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
Page 380 of 575
ORDINANCE NO.
PAGE 2
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.
“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.
Page 381 of 575
ORDINANCE NO.
PAGE 3
“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.
“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.
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“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 ;
E. Evaluating submitted bids or proposals in accordance with established selection
criteria and processes;
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F. Ensuring that the purchase contract is approved and executed by a person or
body with sufficient approval authority based on the dollar amount 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
Q. Transferring surplus or unused goods between departments as needed, or
selling, exchanging, trading in, or donating surplus goods to interested private or
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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.
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
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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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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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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. 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
has a primary place of business located within the city. The city council
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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
a state or federal reimbursing agency and is otherwise consistent with
State law.
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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.
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
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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.
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
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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 newspap er 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 or reg ulation
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
bidding procedures was based, was reasonable. Otherwise, the project
shall be re-bid following the formal bidding procedures.
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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.
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.
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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.
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
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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.
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
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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 ineligible
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 following
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.
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
Page 396 of 575
ORDINANCE NO.
PAGE 18
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 a lso
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. If required, 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 effect 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.
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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
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ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AUTHORIZING LEVELS OF
PURCHASING AUTHORITY
WHEREAS, the City of Arroyo Grande, County of San Luis Obispo, State of California
(“City”) is duly authorized and existing under the laws of said State; and
WHEREAS, the City of Arroyo Grande purchases goods and services for the operation
of City functions; and
WHEREAS, it is prudent to establish levels of authority for such purchases of goods
and services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande, that:
1. The recitals set forth herein are true, correct and incorporated by reference.
2. The levels of Purchasing Authority attached to this Resolution and marked as
Exhibit A, and hereby incorporates such Exhibit into this Resolution. The Levels
of Purchasing Authority shall become effective concurrently with the adoption of
the Ordinance amending Chapter 3.08 of the Arroyo Grande Municipal Code
relating to Purchasing, scheduled for October 10, 2023, or as soon as practical
thereafter.
3. The City Council finds that establishing levels of Purchasing Authority attached to
this Resolution and marked as Exhibit A is not a “project” as defined by section
15378 under the California Environmental Quality Act, since the action has no
potential for resulting in a direct or indirect physical change to the environment.
(§ 15060(c)(3).)
On motion of Council Member___________, seconded by Council Member
________, and by the following roll call vote , to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 26th day of September, 2023.
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RESOLUTION NO.
PAGE 2
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
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PAGE 3
EXHIBIT A
1. First level contracts. First level contracts for goods and services and public
projects may be awarded by the City Manager or Department Heads who h ave
been delegated contract award authority.
a) The dollar threshold for first level contracts for goods and services purchases is
$50,000.
b) The dollar threshold for first level contracts for public projects is $60,000 per
current California Uniform Public Construction Cost Account Act (CUPCCAA).
2. Second level contracts. Second level contracts may be awarded by the City
Manager. Nothing precludes the City Manager from requesting City Council
approval for second level contracts if deemed to be in the best inte rest of the
City.
a) The dollar threshold for second level contracts for goods and services
purchases is $100,000.
b) The dollar threshold for second level contracts for public projects purchases is
$200,000 per current CUPCCAA.
3. Third level contracts. Third level contracts are those exceeding $100,000 for
goods and services and those exceeding $200,000 per current CUPCCAA for
public projects. Third level contracts must be awarded by the City Council,
unless authority is delegated to the city manager for a specific purpose. For
example, for efficiency purposes, the city manager may wish to request
authorization to award a third level contract prior to bidding a particular project .
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September 2023
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ATTACHMENT 3
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Table of Contents
Chapter 1 – Introduction .......................................................................................................................... 1
1.1 Purchasing Policy Overview ................................................................................................. 1
1.2 Legal Requirements ................................................................................................................ 1
1.3 Expectations of Fair and Open Procurement ...................................................................... 1
1.4 Contract Award Authority .................................................................................................... 1
Chapter 2 – Ethics in Public Purchasing ............................................................................................... 2
2.1 Ethics in Public Purchasing Overview ................................................................................ 2
2.2 Code of Conduct and Conflict of Interest ........................................................................... 2
2.3 Gifts and Gratuities ................................................................................................................ 3
2.4 Conduct with Vendors ........................................................................................................... 3
Chapter 3 – Purchasing Approval Authorities and Responsibilities .............................................. 4
3.1 Purchasing System Overview ............................................................................................... 4
3.2 Categories of Purchases ......................................................................................................... 4
3.3 Purchasing Compliance Oversight ...................................................................................... 5
3.4 Purchasing Responsibilities of Department Heads ........................................................... 5
3.5 Authority to Award Contracts .............................................................................................. 7
3.6 Dollar Thresholds for Awarding Contracts ........................................................................ 7
3.7 Amending Awarded Contracts ............................................................................................ 8
3.8 Award Authority Determined by Single Transaction ....................................................... 8
3.9 Annual Appropriation Required .......................................................................................... 9
3.9.1 Multi-year Contracts ..................................................................................................... 9
3.10 Prohibition on Splitting ....................................................................................................... 10
3.11 Important Considerations for Establishing Contracts ..................................................... 10
3.12 City Contract Types and Templates ................................................................................... 11
Chapter 4 – Competitive Solicitation Procedures ............................................................................. 13
4.1 Competitive Solicitation Procedures Overview ............................................................... 13
4.1.1 Competitive Solicitation Terminology ......................................................................... 13
4.2 Competitive Solicitation Principles .................................................................................... 14
4.3 Determining the Appropriate Solicitation Procedure ..................................................... 14
4.4 Solicitation Procedures for Goods and Services ............................................................... 15
4.5 Bid or Proposal Evaluation ................................................................................................. 17
4.5.1 No Bids or Proposals Received ..................................................................................... 20
4.5.2 Bid or Proposal Rejection ............................................................................................. 20
4.6 Exceptions to Competitive Solicitations ............................................................................ 20
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4.7 Solicitation Procedures and Dollar Thresholds for Public Projects ............................... 23
4.7.1 Important Considerations for Bidding Construction and Maintenance Work............ 27
Chapter 5 – Special Procurement Programs and Considerations ................................................... 28
5.1 Overview ............................................................................................................................... 28
5.2 City-issued Credit Cards ..................................................................................................... 28
5.3 Environmentally Preferable Purchases ............................................................................. 28
5.4 Grant-funded Purchases ...................................................................................................... 28
5.5 Prevailing Wage and Contractor Registration Requirements ........................................ 29
5.6 Other Contractor Requirements ......................................................................................... 30
5.7 Specification Development and Product Standardization.............................................. 30
5.7.1 Specification Development ........................................................................................... 30
5.7.2 Product Standardization .............................................................................................. 31
5.8 Surplus Personal Property Disposal .................................................................................. 32
Chapter 6 – Procurement Risk Management ..................................................................................... 33
6.1 Overview ............................................................................................................................... 33
6.2 Insurance Requirements ...................................................................................................... 33
6.2.1 Evidence of Insurance Coverage .................................................................................. 33
6.4 Insurance Not Required ....................................................................................................... 34
6.5 Limiting City Liability ......................................................................................................... 34
Glossary of Purchasing Terms and Terminology ............................................................................. 35
Attachments .............................................................................................................................................. 39
Attachment A: Delegation of Contract Award Authority ........................................................ 39
Attachment B: Competitive Bid/Proposal Exemption Request Form ..................................... 40
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Tables
Table 1. Categories of City Purchases ............................................................................................... 4
Table 2. Determination of Contract Award Authority .................................................................. 9
Table 3. Solicitation Procedures for Goods, Services and Public Projects .............................. 14
Figures
Figure 1. Dollar Thresholds for Awarding First, Second and Third Level Contracts ............... 8
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Chapter 1 – Introduction
1.1 Purchasing Policy Overview
The purpose of this document is to provide information and reference detail for procuring goods
and services consistent with the Municipal Code, adopted policies and procedures and best
practices. This document is intended to enable employees to be fully aware of and comply with City
purchasing policies, and to effectively administer the procurement function.
1.2 Legal Requirements
Chapter 3.08 of the Municipal Code (purchasing ordinance) establishes authorities and
responsibilities associated with purchasing goods and services with public funds. Additionally, the
City has adopted public works contracting procedures consistent with the California Uniform Public
Construction Cost Accounting Act (CUPCCAA) codified in Section 22000 et. seq. of the Public
Contract Code (with procurement requirements commencing with Section 22030).
When the purchase of goods and services involves the expenditure of federal or state funds, the
procurement must be conducted in accordance with mandatory applicable federal or state
regulations (see Section 5.4, Grant-funded Purchases).
1.3 Expectations of Fair and Open Procurement
Procuring goods and services using public funds requires staff to:
Secure goods and services at the lowest cost commensurate with the quality needed.
Fulfill the requirements of the Municipal Code and other governmental laws in the
procurement of goods and services.
Endeavor to obtain the most open competition possible for all purchases.
Encourage competitive pricing from responsive and responsible business providers that
are qualified, capable and willing to meet the City’s requirements.
Safeguard the City’s reputation for fairness, integrity, and ethical practices.
1.4 Contract Award Authority
It is essential for employees to understand that the ability to legally bind the City to a purchase
(contract award authority) is only vested in the City Council, who may delegate that authority to the
City Manager, who may in turn delegate award authority to Department Heads (see Sections 3.5,
Authority to Award Contracts, and 3.6, Dollar Thresholds for Awarding Contracts).
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Chapter 2 – Ethics in Public Purchasing
2.1 Ethics in Public Purchasing Overview
This section of the purchasing policies and procedures manual establishes the ethical standards
that City employees and City officials must abide by when making purchases with public funds.
Specifically, all City employees and City officials are responsible for:
Impartially assuring fair competitive access to City procurement opportunities by responsible
suppliers and contractors,
Conducting themselves in a manner that avoids any impropriety, or appearance of
impropriety, and
Fostering the highest level of public confidence in the integrity of the City’s purchasing
system.
City employees and City officials must abide by the standards of conduct established in this section.
Violations can result in disciplinary actions in accordance with City personnel policies and/or
penalties prescribed in state law.
2.2 Code of Conduct and Conflict of Interest
No City employee or City official can participate directly or indirectly in a City procurement when
the employee/official 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 of 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. The employee or official has a conflict of interest under State law, Fair Political Practices
Commission Regulations or any local or otherwise applicable authority.
Withdrawal from participation. Upon the discovery of an actual or potential conflict of interest, a
City employee or City shall, at the least, promptly withdraw from further participation in the
procurement, and otherwise take any steps required by the City consistent with applicable authority.
In any instance where a City employee or City official believes they meet the criteria for a conflict
of interest as established by this section or applicable law, they must promptly inform the City
Manager and City Attorney.
Note: Consultants with whom the City contracts with are considered public officials under
Government Code section 1090 and are subject to the requirements therein and as discussed in
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this Section 2.2. The City Attorney’s Office is a resource for employees to consult on potential
conflict of interest issues with respect to the City’s third-party consultants and contractors.
2.3 Gifts and Gratuities
Employees cannot 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.
Similarly, employees or agents of a vendor doing business with the City, or hoping to do business
with the City, cannot offer, give or agree to give any City employee any gratuity or offer of
employment in connection with a procurement by the City.
2.4 Conduct with Vendors
Conduct with vendors who provide goods or services to the City shall be fair, open and transparent.
City employees shall:
Refrain from showing favoritism to vendors or being unduly influenced.
Select vendors on the basis of meeting appropriate and fair criteria and in accordance with
the requirements of City purchasing policies and procedures.
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Chapter 3 – Purchasing Approval Authorities and Responsibilities
3.1 Purchasing System Overview
The City has adopted a decentralized purchasing (or procurement) system whereby departments
are responsible for procuring goods and services in accordance with established policies and
procedures, subject to approval by the appropriate award authority.
In a decentralized purchasing system, it is very important that all employees understand and abide
by the City’s procurement rules and ensure their fair and consistent application. However, nothing
precludes staff from seeking procurement assistance from the Administrative Services Director or
designee, especially to clarify policies, processes and procedures.
In accordance with Section 3.08.060 Subsection A of the Municipal Code, the City Manager is the
City’s designated purchasing authority and may delegate certain authorities and functions to
Department Heads and other employees. As prescribed in Section 3.08.060 Subsection B of the
Municipal Code, the Administrative Services Director has been assigned responsibility for all
purchasing functions.
3.2 Categories of Purchases
City purchase categories generally consist of categories shown below, for which different
procurement methods may apply (see Chapter 4 – Competitive Solicitation Procedures).
Table 1. Categories of City Purchases
Purchase Category Description
Goods Materials, equipment and supplies needed by any department, including items
purchased by the City and furnished to contractors for use in public projects.
General Services Services provided by independent contractors such as custodial,
building/equipment/landscape maintenance, equipment rental, excluding contracts
for public infrastructure projects.
Infrastructure maintenance/repair work that does not require detailed engineered
design specifications is typically considered a general service.
Professional Services Services performed by a person or firm engaged in a profession based on highly
specialized and/or technical knowledge or skill such as accountants, attorneys,
architects, engineers, and physicians. Professional services are most closely
associated with consultants who produce reports, studies, and plans/specifications.
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Purchase Category Description
Public Projects Public projects (aka public infrastructure, public works projects or capital projects)
pertain to the construction, alteration, repair, or improvement of any public
structure, building, road, or other public improvement of any kind, including
demolitions, the construction and installation of drainage systems, lighting and
signaling systems, sewer and water systems, and park and recreational facilities.
Maintenance required to preserve a public improvement is not considered a public
project.
Public projects must be competitively bid in accordance with the California Uniform
Public Construction Cost Accounting Act (CUPCCAA) as specified in Section 22000 of
the Public Contract Code, unless another authority applies.
Note: Both categories of services may involve specialized/technical skills, licenses, certifications, etc. However,
general services typically involve operational services and involve trade skills, while professional services are
associated with consultants who produce reports, studies and plans/specifications.
3.3 Purchasing Compliance Oversight
The City Manager is ultimately responsible for overseeing and facilitating compliance with the
purchasing ordinance and this policy. However, for operational efficiency and effectiveness, the
City Manager has designated the Administrative Services Director with purchasing compliance
oversight. This responsibility includes:
Staying informed of current developments in the field of public purchasing.
Prescribing and maintaining such forms as are reasonably necessary to the operation of the
purchasing policy.
Recommending updates to the purchasing ordinance and the purchasing policies and
procedures manual.
Maintaining purchasing records and tracking citywide expenditures.
Coordinating the purchase of goods that will be used by multiple City departments where
feasible and practical.
Disposing of surplus personal property as prescribed herein.
3.4 Purchasing Responsibilities of Department Heads
Department Heads are responsible for ensuring that all purchases by or for their department are
made in compliance with the purchasing ordinance and this policy, including the following:
Preparing solicitation materials, as needed, for each purchase.
Preparing good faith estimates of the cost of each purchase to determine the appropriate
solicitation procedure.
Ensuring that the proper solicitation procedure is followed based on the estimated cost of
the purchase (informal, formal, etc.).
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Ensuring that bids or proposals are submitted by responsible offerors whose submittals are
responsive to the requirements set forth in a competitive solicitation.
Evaluating submitted bids or proposals in accordance with established selection criteria and
processes.
Ensuring that the purchase contract is approved and executed by the appropriate award
and signatory authorities based on the dollar amount of the purchase.
Ensuring that sufficient funds are appropriated to pay for the purchase.
Ensuring that the vendor, contractor, or consultant 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.
Ensuring that the vendor, contractor, or consultant 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.
Inspecting supplies and equipment delivered to determine their conformance with the
specifications set forth in the order.
Monitoring the performance of vendors, contactors, and consultants under approved
contracts to ensure compliance with contract requirements.
Recommending and preparing contract amendments and change orders as needed and
ensuring that such amendments and change orders are approved and executed by the
appropriate award and signatory authorities 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.
Ensuring that due diligence is performed before determining that a purchase can only be
made from a single vendor, contractor, or consultant, 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, as required.
Taking reasonable and necessary steps to avoid conflicts of interest in the purchasing
process.
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.
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 the appropriate
steps to sell, exchange, or trade in such supplies and equipment can be determined.
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 Section 5.8, Surplus Personal Property Disposal.
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3.5 Authority to Award Contracts
The authority to award contracts that legally bind the City to a purchase is only vested in the City
Council, unless such authority is delegated to the City Manager as prescribed by Chapter 3.08 of
the Municipal Code and this policy manual.
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 of contract award authority by the City Manager to a Department Head
must be in writing and kept on file with the City Clerk (See Example Memo in Attachment A:
Delegation of Contract Award Authority).
Note: All purchase contracts and any associated amendments thereto can only be approved by the
appropriate award authority.
3.6 Dollar Thresholds for Awarding Contracts
Dollar thresholds for awarding contracts for goods, services and public projects (as defined in
Table 1, Section 3.2) are established by resolution of the City Council and include the designation
of three levels, with each level signifying the maximum threshold amount for requesting approval
by the City Council, City Manager, and Department Heads as shown below.
1. First level contracts. First level contracts for goods and services and public projects may
be awarded by the City Manager or Department Heads who have been delegated contract
award authority.
a. The dollar threshold for first level contracts for goods and services purchases is
$50,000.
b. The dollar threshold for first level contracts for public projects is $60,000.
2. Second level contracts. Second level contracts may be awarded by the City Manager.
Nothing precludes the City Manager from requesting City Council approval for second level
contracts if deemed to be in the best interest of the City.
a. The dollar threshold for second level contracts for goods and services purchases is
$100,000.
b. The dollar threshold for second level contracts for public projects purchases is
$200,000.
3. Third level contracts. Third level contracts are those exceeding $100,000 for goods and
services and those exceeding $200,000 for public projects. Third level contracts must be
awarded by the City Council, unless authority is delegated to the city manager for a specific
purpose. For example, for efficiency purposes, the city manager may wish to request
authorization to award a third level contract prior to bidding a particular project.
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Figure 1. Dollar Thresholds for Awarding First, Second and Third Level Contracts
3.7 Amending Awarded Contracts
A contract amendment includes any modification, renewal not previously approved by the
appropriate award authority, or change order to a purchase order that results in an increase to the
total amount of money that may be spent under a single contract. Award authority limits must 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, also require a contract amendment. All contract
amendments required by this policy must be in writing and no verbal contract modifications shall be
held binding on the City. In most cases, modifications will require an amendment that is executed
by each party to the agreement. Contract amendments must also be approved by the appropriate
award authority. For instance, modification of a third level contract initially approved by the City
Council must also be approved by Council.
Note: In limited instances, the City may issue a written amendment without the necessity of a
counter signature. An example of this would be a time-only extension on a project-based contract
with an estimated completion schedule and associated deliverables. Provided that the original
contract does not specify a termination date, no cost is added, or scope changed, and there is
sufficient budget available, the City Manager or designee may extend the time for performance by
issuing written correspondence to the service provider that the contract has been extended beyond
the estimated completion date to ensure agreed upon service delivery.
3.8 Award Authority Determined by Single Transaction
For determining the appropriate award authority, contract amounts shall be defined by what
constitutes a single, or one transaction, as shown in Table 2.
Level 1: Up to $50,000 for goods and services
Up to $60,000 for public projects
City Manager, or Department Head if delegated
Level 2: Up to $100,000 for goods and services
Up to $200,000 for public projects
City Manager
Level 3: Greater than $100,000 for goods and services
Greater than $200,000 for public projects
City Council
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Table 2. Determination of Contract Award Authority
Contract Type Single Transaction Example Award Authority
One-time purchase order Each discrete, one-time
purchase that will not be
duplicated in a fiscal year is a
single transaction.
One-time vehicle purchase
of $30,000
Department Head
As-needed or on-call
contract
The contract term, coupled
with the total estimated
value to be spent during the
contract term, is a single
transaction.
As-needed contract for
equipment parts and repairs
estimated at $10,000 for one
year
On-call contract for
hazardous materials spills for
$75,000 for one year
Department Head
City Manager
Contract amendment The sum of the initial
contract amount plus the
amount of the amendment
is a single transaction.
Initial contract of $80,000
for park landscaping, plus an
amendment for $25,000, for
a total of $105,000
City Council
Multi-year contract The total value of the
contract over the course of
the contract term is a single
transaction.
Three-year contract for
janitorial services estimated
at $50,000 per year, for a
total of $150,000
City Council
3.9 Annual Appropriation Required
When making purchases with City funds, except in cases of emergency or in cases where specific
authority has been obtained in advance from the City Manager, there must be an unencumbered
appropriation in a department budget or in the fund against which a purchase is to be charged.
Contracts awarded in a fiscal year that are anticipated to extend into a subsequent fiscal year or
years may be awarded by the appropriate awarding authority but are subject to this appropriation
requirement.
3.9.1 Multi-year Contracts
The use of multi-year contracts can be an effective way of establishing longer-term agreements
that result from competitive processes and/or contracts negotiated with terms favorable to the
City. Multiyear contracts can be used for goods and/or services and can be established on an
as-needed basis or for routine, scheduled maintenance.
Competitive/negotiated processes. Solicitation documents and procurements that
incorporate contract negotiations must specify the terms and conditions by which goods
and services contracts can be renewed.
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Examples include limiting annual price increases (or including de-escalators if
appropriate), performance incentives, and renewals subject to budgeted funding and
acceptable service.
Contract terms. Multi-year contracts can be structured to renew annually (such as a
base contract for one year with subsequent annual renewals), or awarded with longer
initial or renewal periods, depending on the circumstances of the procurement.
Examples include a one-year contract with up to four additional years, or a three-year
contract with up to two additional years, etc.
This allows for flexibility to award contract terms that best fit operational needs and
foster processing efficiency.
Prior authorization needed to renew. Multi-year contracts that include renewal
options must be approved by the appropriate award authority as part of the initial award.
For example, the authorizing action by the City Council would include the base award
plus the authorization for City Manager to exercise the renewal option(s). If specific
authority is not given in the authorizing Council action, then the renewal would require
additional Council approval.
3.10 Prohibition on Splitting
Goods and/or services purchases from a single vendor, contractor, or consultant, which could
reasonably be included in a single contract, cannot be split into multiple contracts in order to avoid
approval by the City Council or the City Manager, as applicable. This requirement also applies to
conducting competitive solicitations (see Section 4.2, Competitive Solicitation Principles).
3.11 Important Considerations for Establishing Contracts
Unless otherwise specified, all City purchases for goods and/or services must be transacted
through valid written contracts approved by the appropriate award authority. This minimizes agency
risk exposure and ensures that the City’s standard terms and conditions (or negotiated terms and
conditions) are accepted by vendors. The City’s requirements for establishing contracts are
explained below.
1. Use of Standard Terms and Conditions. Use of the City’s standard contract templates
(including terms and conditions for purchase orders) provided or approved by the City
Attorney’s Office is always preferred. If presented with a vendor-provided agreement, staff
should first attempt to replace it with the City’s standard template.
2. Non-standard Terms and Conditions. Any changes to the standard templates, or use of
vendor-provided agreements, are considered non-standard and require legal review prior
to presenting a contract for approval. Consult with the Department Head and/or City
Attorney.
3. Written Agreement Required. Written agreements (contracts) on standard City templates
provided by the City Attorney’s Office signed (executed) by the parties to the agreement
are always required for services with a value greater than $50,000. Services with a value
of $50,000 or less and most goods purchases may be procured using purchase orders
with standard terms and conditions (which is a valid contract) unless compelling factors
such as liability or risk dictate the use of an executed written agreement. Consult with the
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Department Head and/or City Attorney to determine whether a contract for services under
$50,000 can be procured without a written agreement.
4. Contract Negotiation. Contracts and work scopes associated with request for proposals
(RFP) and request for qualifications (RFQ) processes, procurements exempt from
competitive bidding, or those utilizing non-standard terms/conditions typically require
negotiation. Consult with the Department Head and/or City Attorney to determine the level
of negotiation required.
5. City-provided Scope of Work. Contracts should include well-defined scopes of work
drafted by City staff. Use of consultant or vendor-provided work scopes should be
minimized to the greatest extent possible.
6. Purchase Order Required. A purchase order should accompany any awarded contract.
3.12 City Contract Types and Templates
The City uses the following types of contracts depending on the nature of the purchase,
requirements established by the City Attorney’s Office, and the type of purchase (see Section 3.2,
Categories of Purchases). Current contract templates are located on the shared drive under Forms.
1. Purchase order. A purchase order is utilized to make purchases of discrete, nonrecurring
goods and/or services. Acceptance of a PO by a seller results in a contractual relationship
between the seller and the City. Purchase orders must be issued before committing City
funds or receiving any product/service unless an emergency situation exists. Depending on
the cost and complexity of the purchase, a written agreement may be required.
2. Blanket purchase order. A blanket purchase order is a term contract, usually established
for a one-year period for routine, recurring, or as-needed purchases of goods and/or
services. In most cases, one-year blanket orders can be renewed annually with the dollar
amount reset based on anticipated need for the upcoming year.
Blanket purchase orders can be established for multi-year periods and/or renewed annually
according to the terms established through competitive bidding, negotiation, cooperative
contract, or as approved by the appropriate award authority.
Blanket purchase orders are a convenient way to purchase routine or as-needed goods
and/or services throughout the year. Their use should be maximized to the best extent
possible.
3. General services agreement. Services such as custodial, building/equipment
maintenance, other infrastructure maintenance not requiring detailed/engineered design
specifications, and machinery/equipment rental are procured using a general services
agreement template.
4. Professional services agreement. Services generally of an intangible nature that typically
require a license, certification, and/or other professional criteria to perform the work as
defined by the laws of the State of California are procured using a professional services
agreement template.
5. Construction agreement. The construction, alteration or repair of any public work must be
procured using a construction agreement template, as may be deemed appropriate by the
City Attorney’s Office.
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6. Multi-year services agreement. The use of a multi-year services agreement may be
appropriate for general or professional services procured through pre-qualification
processes or large projects that utilize a shortlist of qualified consultants for as-needed
services or discrete project work negotiated through task orders.
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Chapter 4 – Competitive Solicitation Procedures
4.1 Competitive Solicitation Procedures Overview
This chapter outlines the City’s competitive solicitation principles, requirements by dollar threshold,
exceptions to competitive bidding, use of cooperative purchasing programs, and associated
procedures to be used by employees who are responsible for procuring goods, services, and public
projects.
4.1.1 Competitive Solicitation Terminology
To distinguish between types of solicitations at different dollar thresholds, the following
terminology is customarily used.
Price quotation or quote. The term “quotation” or “quote” is most often used with
smaller dollar purchases associated with informal solicitations.
Competitive Bid. Use of the term “bid” typically denotes a solicitation where a
contract is awarded based on the lowest bid price and is most often associated with
formal, sealed bidding.
Competitive Proposal. Use of the term “proposal” typically refers to a solicitation
where a contract can be awarded on factors in addition to price (also referred to as
a “best value procurement”) and is most often associated with formal, sealed request
for proposals (RFPs).
Demonstrated competence and professional qualifications. Use of these terms
is most closely related to evaluating RFP responses for services before pricing is
considered and is always required for professional services related to architects,
engineers, environmental consultants, land surveyors, and construction
management firms. In many instances, a request for qualifications (RFQ) process
will be used for the solicitation.
Contractors, Consultants and Vendors. The City contracts with individuals and
entities to purchase goods and services. The terms “contractors,” “consultants,” and
“vendors” are sometimes used interchangeably. However, contractor is generally
associated with procuring general services and public projects; consultants are
generally associated with procuring professional services; and vendors are generally
associated with procuring goods.
Note: The terms “bidder,” “bid” and “bidding” are sometimes used interchangeably with
“proposer,” “proposal” and “proposing.”
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4.2 Competitive Solicitation Principles
Competitive bidding procedures shall be conducted in accordance with the following principles and
requirements:
Purchases must be based on competitive solicitation procedures whenever possible, unless
otherwise exempt in accordance with Section 4.6, Exceptions to Competitive Solicitations.
Prospective, qualified bidders associated with any given procurement must be afforded a
fair opportunity to submit bids/price quotes based on the same specifications to ensure a
level playing field with no unfair advantages.
The complexity of the solicitation procedures and the corresponding requirements increase
with the dollar value of the procurement.
Price quotes, bids or proposals required by this chapter, including procurements that may
not require competitive bidding, must be in writing; verbal quotes cannot be accepted.
Under no circumstances shall purchases be artificially split to use a more simplified process
or to avoid approval by the City Council or City Manager, as applicable.
Late bids, proposals or quotes cannot be accepted, unless it can be definitively determined
by the Department Head that late submission was caused entirely by City action.
Staff should select the solicitation method most appropriate to the required good and/or
service.
The use of cooperative purchasing programs that leverage volume purchases, secure value
pricing, and reduce administrative overhead is encouraged.
Staff must take into account the procurement-related policies and procedures such as
prevailing wage requirements, requirements for buying computer hardware and software,
product standardization, environmentally preferable purchases, and purchases using
federal grant funds (see Chapter 5, Special Procurement Programs and Considerations).
4.3 Determining the Appropriate Solicitation Procedure
To determine the appropriate solicitation procedure, staff should know the category of purchase
(goods, general services, professional services, or public projects) and have an estimated cost in
mind, as shown in Table 3 and more fully explained in below.
Table 3. Solicitation Procedures for Goods, Services and Public Projects
Solicitation Procedure Purchase Category/ Dollar Threshold
No solicitation required Goods and services up to $5,000
Public projects up to $60,000
Informal solicitation Goods and services between $5,001 and $50,000
Public projects up to $200,000
Formal solicitation Goods and services greater than $50,000
Public projects greater than $200,000
Note: If the bids, quotes, or proposals received for goods or services purchases exceed the cost
threshold for the solicitation procedure used, a new solicitation may be required if directed by the City
Manager (see Section 4.6, Solicitation Procedures and Dollar Thresholds for Public Project s for
provisions specific to public projects).
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4.4 Solicitation Procedures for Goods and Services
1. No solicitation required. Purchases of goods and/or services up to $5,000 do not require
a competitive solicitation and may be made following the receipt of one written 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. Departmental purchases of goods and services with an
estimated cost between $5,001 and $50,000 require an informal solicitation process that
includes the following requirements:
a. Good faith effort. A good faith effort must be made to ensure that at least three
firms/individuals are provided an opportunity to respond to the solicitation.
b. Form and manner of solicitation. The form and manner by which informal
solicitations are conducted, i.e., use of informal bid/proposal templates, invitations
to submit written quotations, development of product specifications and/or scopes of
work, etc., shall be prescribed by the Department Head to ensure that any given
procurement results in a combination of the lowest price and highest quality of goods
and/or services available.
c. Same specifications to be used. Prospective bidders or proposers must be
afforded the opportunity to submit a bid or proposal based on the same
specifications, scope of work or requirements, as the case may be.
d. Shared information. Any material information provided in response to an inquiry or
inquiries by a prospective bidder/bidders must be provided to all known prospects
(called “plan holders”), especially if product specifications, requirements, or scope
of work is changed that could give a bidder a competitive advantage if the change is
only known to that bidder.
e. Reasonable and sufficient solicitation period. A bidding period reasonable and
sufficient to the dollar value, size or complexity of the procurement should be used.
For example, price quotes for ten laptops could be prepared within a few days while
proposals for cloud-based software solution could require several weeks.
f. Electronic submittals encouraged. Consistent with best practices for automating
processes and paperwork reduction, the submittal of electronic bids is encouraged,
and paper submittals are discouraged.
g. Evaluation period. Every solicitation requires a due date and time. To ensure
fairness and process integrity, submitted bids can only be evaluated after the
specified due date and time, not before (see also Section 4.5 Bid or Proposal
Evaluation).
h. Contract award and/or purchase order approval. Once a responsible vendor has
been selected, a contract and/or purchase order is recommended for approval to the
appropriate award authority.
i. Records retention. The staff member initiating the purchase must keep a record of
the solicitation document; any correspondence sent to prospective vendors that
changes the scope or product specifications in response to an inquiry or inquiries;
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all submitted quotes/proposals; and any subsequently approved contract and/or
purchase order.
The records must be kept in accordance with the City’s records retention policy.
j. Less than three quotes/proposals received. If the staff member conducting the
solicitation is unable to obtain three price quotes or proposals, the purchase may
move forward so long as the effort is documented in writing and submitted to the
Department Head (or City Manager if required) as part of the request for contract
approval.
Note: Nothing precludes the City Manager or a Department Head from requiring a more
formal means of solicitation, such as that required by subsection 3 below (f ormal
solicitation).
3. Formal solicitation required. Departmental purchases of goods and services with an
estimated cost greater than $50,000 require a formal solicitation process to invite sealed
bids or proposals that includes the following requirements:
a. Notice of solicitation. Prior to conducting a formal solicitation, a Notice Inviting
Bids/Proposals must be prepared as prescribed by the Department Head that states
the bidding method being used.
b. Public posting of notice of solicitation. The Notice Inviting Bids or Proposals must
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. Solicitation document preparation and content. For formal solicitations, an
Invitation for Bids (IFB) or Request for Proposals (RFP), or Request for
Qualifications (RFQ) must be prepared using a templated prescribed by the
Department Head. The solicitation document must:
i. Identify the bidding method being used.
ii. Describe the purchase and establish product specifications, functional
requirements, and/or scope of services by specifying actual or estimated
quantities for goods and/or desired quality of product or service performance.
iii. Establish minimum threshold and/or experiential requirements that must be
met to be considered for contract award.
iv. Enumerate other requirements such as 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.
v. Include the City’s standard contractual terms and conditions, and in the case
of an RFP or RFQ, provide instructions to proposers to identify in writing any
objections to the City’s requirements, terms and conditions.
vi. Include protest procedures, if required.
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d. Public noticing period. The solicitation must 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 must 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.
A bidding period reasonable and sufficient to the dollar value, size or complexity of
the procurement should be used.
e. Direct solicitation. 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
are in addition to the solicitation requirements specified above.
f. Shared information (bid addenda). Any material information provided in response
to an inquiry or inquiries by a prospective bidder/bidders must be provided to all
known prospects (called “plan holders”) through the issuance of an addendum on a
form prescribed by the Department Head, especially if product specifications,
requirements, or scope of work is changed that could give a bidder a competitive
advantage if the change is only known to that bidder.
Note: Only properly issued written addenda are binding on the City; verbal
responses shall not be used to change any specifications, requirements, scope, or
contractual terms and conditions of the solicitation.
g. Electronic submittals encouraged. Consistent with best practices for automating
processes and paperwork reduction, the submittal of electronic bids is encouraged,
and paper submittals are discouraged.
h. Evaluation period. Every solicitation requires a due date and time. To ensure
fairness and process integrity, submitted bids can only be evaluated after the
specified due date and time, not before (see also Section 4.5 Bid or Proposal
Evaluation).
i. Contract award. Once a responsible vendor has been selected, a contract and/or
purchase order is recommended for approval to the appropriate award authority.
j. Records retention. The staff member initiating the purchase must keep a record of
the solicitation document; any correspondence sent to prospective vendors that
changes the scope or product specifications in response to an inquiry or inquiries;
all submitted quotes/proposals; and any subsequently approved contract and/or
purchase order.
The records must be kept in accordance with the City’s records retention policy.
4.5 Bid or Proposal Evaluation
1. Responsiveness and responsibility. Before any bidder or proposer can be considered for
contract award, submitted bids or proposals must first be reviewed to determine
bid/proposal responsiveness and bidder/proposer responsibility.
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a. Bid/proposal responsiveness. Responsiveness refers to bids or proposals
submitted by contractors, vendors or consultants that meet the material
requirements of the solicitation and comply with its instruction.
Bids or proposals found to be non-responsive should be removed from consideration
by the Department Head or designee before evaluating responsive bids/proposals
received.
b. Bidder/proposer responsibility. Bidder/proposer responsibility refers to
contractors, vendors or consultants who have consistently demonstrated attributes
of trustworthiness, quality, fitness, capacity, and experience to satisfactorily provide
the goods and/or services contained in a solicitation.
2. Lowest bid method. The lowest bid method is typically used for the purchase of materials,
supplies and equipment (goods), where the goods offered are identical or nearly identical.
This method may also be used for procuring general or technical services such as
maintenance work, as deemed appropriate by the City Manager or a Department Head.
In situations where goods offered are not identical or nearly identical, the fitness and quality
of the goods offered may be considered, in addition to price, with a contract awarded to the
vendor that offers the best combination of price and fitness and quality of goods (similar to
the best value evaluation method for services described below). The lowest bid method
may be used for contracts for general services if determined by the City Manager or
designee to be in the best interest of the City.
3. Best value method. Contracts for services (including professional services) are 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 considering 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. The ability of the bidder or proposer to provide such future service as may be
needed.
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Helpful hint: When soliciting proposals for most services, a best practice is to evaluate
submittals based on qualifications and competence first, before pricing is considered. To help
ensure that pricing is not initially considered, solicitations should require that pricing is
submitted with the proposal in a “separately sealed envelope” (or otherwise segregated from
the main proposal if an electronic solicitation process is used).
4. Qualifications based selection. When professional service providers such as architects,
engineers, land surveyors, or construction management firms are required, the solicitation
must follow the Qualifications Based Selection (QBS) process required by state law (see
Section 4525 et. seq. of the California Government Code or its federal counterpart for federal
aid projects, the Brooks Act).
For these types of professional services procurements, consultants are selected based on
demonstrated competence before pricing is considered, i.e., an evaluation process that
typically includes interviews will be completed and a rank order determined.
At minimum, submitted pricing must be separately sealed and separately evaluated. For
many projects that are funded by federal or state grants (such as transportation funding
administered by the California Department of Transportation, or Caltrans), pricing cannot
be submitted in response to an initial solicitation.
When a QBS process is required, staff must negotiate in good faith with the top-rated
proposer. If a contract cannot be agreed upon in consideration of scope, reasonable cost
and acceptable terms and conditions, then discussions can commence with the next highest
rated proposer, and so on, until an acceptable agreement is reached.
5. Request for Qualifications. In situations where a department wishes to establish on-call
contract(s) (typically for as-needed general or professional services), a Request for
Qualifications (RFQ) process can be conducted. An RFQ is used to solicit statements of
qualifications from qualified firms to provide a particular/specialty service on an as-needed
basis. Examples include, but are not limited to, special inspections, environmental testing
services, land surveying, or information technology services.
The statements of qualifications (SOQs) are evaluated based on demonstrated competence
similar to the QBS process described above. Proposing firms should submit hourly rate
sheets as well for comparison purposes. Once the evaluation process is complete, qualified
firms can be placed on a “shortlist” for as-needed use.
The type of service needed, i.e., discrete project work or on-call services when the need
arises, and the degree of consultant specialization, will dictate how contracts are awarded,
as illustrated with the following examples.
Example 1:
A shortlist is established for land surveying and the shortlisted firms are fairly equal in
experience and hourly rates, and the City only has the need for one surveying project with
a defined scope of work, then brief proposals can be solicited from each firm and a selection
made based on best overall value.
Example 2:
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A shortlist is established for different types of as-needed surveying work associated with a
large capital project such as construction staking, topographical surveys, and boundary
surveys, and each shortlisted firm presents an area of specialty. Rather than conducting a
solicitation process, on-call contracts with not-to-exceed amounts can be awarded to each
firm based on their area of specialty.
Example 3:
The City is interested in acquiring property for a park and will need to conduct (as yet
undefined) environmental testing work as the site is prepared for development, with the
process expected to take five to seven years. A multi-year services agreement can be
established with one or more of the shortlisted firms. As the environmental testing needs
are better defined, task orders based on discrete scopes of work can be negotiated with a
firm or firms under the services agreement based on area of specialty, availability, etc.
6. Local preference. If two or more bidders or proposers are reasonably comparable based
on a consideration of the criteria in subsection 3 in this section, a preference may be given
to a bidder or proposer that has a primary place of business located within the City as a
means to serve the public purposes of supporting local economic stability and of
encouraging businesses to locate and remain in Arroyo Grande.
4.5.1 No Bids or Proposals Received
If no bids or proposals are received in response to a solicitation, staff may proceed with the
procurement through direct negotiation with a vendor, or other reasonable means as
determined by the City Manager or a Department Head, subject to applicable laws and City
requirements.
4.5.2 Bid or Proposal Rejection
The City may reject any or all bids or proposals in response to a solicitation in its sole
discretion. Bids or proposals are typically rejected if submitted pricing is above the available
budget or if proposed goods and/or services do not meet the City’s requirements.
The authority to reject bids or proposals is consistent with the first, second, and third level
dollar thresholds established for awarding contracts.
4.6 Exceptions to Competitive Solicitations
Certain purchases may be exempt from competitive solicitation if in the City’s best interests, subject
to appropriate approvals and other requirements specified in this section. In recommending a bid
exception, the purchase must satisfy one or more of the following criteria:
1. No competitive advantage. 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 (known as a "sole source" purchase).
Note: There may be instances where goods or services are unique but are available from
more than one source. If it is determined that no price advantage would be gained from a
competitive solicitation process and the value can be justified, then a procurement can
proceed with one source (known as a “single source” purchase).
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2. State and Federal Multiple Award Schedules. When the purchase is based on a
cooperative agreement, multiple award schedule, or other types of agreements entered into
by the state of California or the federal government.
Information on these types of programs can be found at California Multiple Award Schedules
(CMAS) and Federal General Services Administration (GSA) Multiple Award Schedule.
3. Cooperative purchasing programs. When a vendor or service-provider has been awarded
a contract by another public agency and:
a. The agency used competitive solicitation procedures consistent with those required
by Arroyo Grande;
b. The vendor or service-provider offers the same price(s) to the City that it offered to
the other agency, unless better pricing can be obtained;
c. The contract was awarded within a reasonable timeframe relative to the City’s
purchase; and
d. The initial awarding public agency agrees to the purchase.
Note: This subsection 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. Some leading cooperatives include:
OMNIA Partners, Public Sector (formerly U.S. Communities)
Sourcewell (formerly National Joint Partners Alliance)
NASPO ValuePoint (formerly WSCA-NASPO, or the Western States Contracting
Alliance-National Association of State Procurement Officials)
4. Emergency situations. An emergency is a situation 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. Emergency situations are
those that present imminent risk and require immediate action, as opposed to urgent
situations that require swift action, i.e., there is no immediate danger, but the situation
requires prompt attention to preclude an emergency event from occurring.
Purchasing decisions for goods and/or services necessary to respond to emergencies that
require full or partial activation of the emergency operations organization must be
considered in conjunction with provisions 4.a and 4.b in this subsection.
a. The determination that an emergency situation exists is made by the City Council,
City Manager or designee pursuant to Municipal Code Chapter 8.12, Emergency
Services Organization, and/or
b. Where a disaster has been declared by the City Council, state or federal
government, provided that competitive bidding is not required by a state or federal
reimbursing agency and is otherwise consistent with state law (see also 5.4 Grant-
funded Purchases).
5. Bid impracticality. A purchase may be exempt from a competitive solicitation when the
contract award authority determines that bidding would be impractical, inefficient, or
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otherwise not in the best interest of the City, provided that the contract file contains sufficient
documentation to justify bid impracticality.
Situations where it may be impractical to issue a solicitation typically include products or
processes where the City has decided for best value purposes to standardize on certain
equipment or systems and replacement parts and/or maintenance and repair services are
only available from the manufacturer or one authorized source.
6. Other enumerated exceptions. When the purchase is for, or made in conjunction with, the
following:
a. Insurance and bonds;
b. 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;
c. Goods and/or services obtained from or through agreement with any governmental,
public or quasi-public entity;
d. Works of art, entertainment or performance;
e. Surplus personal property owned by another governmental, public or quasi-public
entity;
f. Membership dues, conventions, training, and travel arrangements;
g. Advertisements in magazines, newspapers, or other media; and
h. Goods procured for resale to the public.
7. No preclusion from competitive bidding. Notwithstanding the exception provisions listed
above, nothing 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.
8. Documentation and approval required. A written justification form is required for
purchases exempt from competitive bidding (see Attachment B: Competitive Bid/Proposal
Exemption Request Form), as follows:
a. The requestor must identify the applicable bid exception.
b. The justification must include an explanation as to why a competitive process cannot
be used, including verification that a good faith search for competition was made.
c. If different brands or models have been tested or previously used and determined to
be unsuitable, the justification should provide descriptive information on
brands/models used, dates of use and why they are not acceptable.
d. The written justification must be approved by the City Manager or Department Head,
as applicable, and attached as backup at the time contract approval is recommended
to the appropriate award authority.
Note: The person responsible for conducting a procurement pursuant to this section must 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.
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4.7 Solicitation Procedures and Dollar Thresholds for Public Projects
The City has adopted the California Uniform Public Construction Cost Accounting Act (Public
Contract Code Section 22000 et seq., as may be amended) (the Act or CUPCCAA). All
expenditures for public projects by the City must be made in accordance with the Act.
The competitive bidding requirements/thresholds are contained in §§22030 to 22045. The Act
applies to routine, reoccurring and usual work for the preservation or protection of any publicly
owned or publicly operated facility for its intended purpose.
CUPCCAA establishes three competitive bidding threshold ranges and requirements, summarized
below, that are periodically adjusted (Public Contract Code §22032). A common requirement
associated with each threshold is the establishment and maintenance of a qualified list of
contractors according to categories/class of work. Detailed instructions are included in the California
Uniform Construction Cost Accounting Commission’s policies and procedures manual that can be
accessed from the Commission’s homepage.
Note: Contracts resulting from the informal and formal bidding requirements established below
must 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.
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. Purchases shall not be split or separated into smaller orders for the purpose of circumventing
the required procedures.
1. No competitive bidding required. Public projects with an estimated cost of up to $60,000,
including any amendment thereto, may be made in two ways:
a. City employees. Projects within this threshold may be completed by City employees
(referred to as “force account”).
b. Direct negotiation. If the project will not be completed by City employees, then staff
may directly negotiate a construction agreement with a contractor, in accordance
with the best value method explained in this chapter.
c. Contract award. Contracts for public projects up to $60,000 can be awarded by the
Department Head.
2. Informal bidding required. Public projects with an estimated cost that is greater than
$60,000 and up to $200,000 may be procured using the informal bidding procedures
required by this subsection, or by the formal bidding procedures required by subsection 3
in this section if required by the City Manager or Department Head.
The informal bidding process includes the following requirements and steps:
a. Notice inviting bids. Prepare a notice inviting informal bids that describes 1) what
is needed in general terms, 2) how to obtain additional information, 3) the submission
deadline, and 4) how to submit a bid.
b. Prepare an Informal Invitation for Bids (IIFB). The IIFB shall be prepared in
accordance with requirements established by the Department Head.
c. Public posting of notice. Post the notice inviting informal bids to applicable
construction trade journals in accordance with Public Contract Code §§22034 and
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22036 no less than 10 calendar days before bids are due. The invitation may also
be sent to additional contractors at the discretion of the department/section soliciting
bids.
If a list of qualified contractors has been developed for the category of work to be
performed, the notice must be sent to the list (see also subsection 4 below).
If a required 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.
d. Bid responsiveness and evaluation. Evaluate submitted bids as soon as the
bidding period is closed by first determining if the submitted bids are responsive to
the solicitation.
e. Contract award. Contracts resulting from informal bids up to $200,000 are awarded
by the City Manager to the lowest responsive and responsible bidder.
f. Submitted bids exceed threshold. In accordance with Public Contract Code
§22034(d), if all informal bids received exceed $200,000, the City Council may, by
adoption of a resolution, award a contract up to $212,500 to the lowest responsible
bidder who has submitted a responsive bid, if it determines that the City’s cost
estimate was reasonable.
3. Formal bidding required. Public projects with an estimated cost greater than $200,000
must be awarded using a formal competitive bidding process that includes a) a public
advertisement for the submission of sealed bid, b) the public opening of timely submitted
bids, and c) the award of a contract to the lowest responsible bidder who has submitted a
responsive bid.
The formal sealed bidding process includes the following requirements and steps:
a. Notice inviting bids. Prepare a notice inviting bids that states the due date and time
by which bids must be received and the place where the sealed bid opening will be
conducted.
b. Prepare an Invitation for Bids (IFB). Prepare an Invitation for Bids (IFB) that
includes the construction contract, instructions to bidders, and policy and procedural
requirements; City provisions governing how the work is to be performed; and
approved technical specifications.
c. Public noticing. Publish the notice inviting bids in a local newspaper of general
circulation at least 14 calendar days before the bid opening date; 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
or regulation of the city as places for the posting of its notices.
d. Electronic distribution of IFB. Electronically send the IFB to applicable
construction trade journals at least 15 calendar days before the bid opening date.
e. Public bid opening. Conduct a public bid open as soon as the bidding period closes
in accordance with procedures required by the Department Head.
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f. Bid responsiveness and evaluation. Evaluate submitted bids as soon as the
bidding period is closed by first determining if the submitted bids are responsive to
the solicitation.
g. Contract award. Construction contracts resulting from formal bidding must be
awarded by the City Council to the lowest responsive and responsible bidder.
4. Contractors list. The Public W orks Director or designee shall develop and maintain a list
of qualified contractors, identified according to categories of work, in accordance with the
provisions of Public Contract Code Section 22034 and criteria promulgated from time to
time by the Commission.
5. Preparation and adoption of plans. In accordance with Public Contract Code Section
22039, the City Council has delegated the authority to the Public Works Director or
designee to prepare and adopt plans, specifications, and working details for all public
projects with an estimated cost greater than $200,000 (the maximum dollar amount stated
in Public Contract Code Section 22032(c), including any amendment thereto).
6. Bid rejection. 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.
7. No bids received. 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.
8. Emergencies.
a. 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).
b. 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(a)(2).
c. 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
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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).
d. 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.
9. Exemptions. The bidding procedures for public projects required by this chapter shall not
apply when an exemption is provided by state or federal law.
10. Bid 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 ineligible 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 following
times:
i. If of another bidder, within five calendar days after the bid opening date.
ii. If the city makes a recommendation to the city council to award a proposal
or other application, then within five calendar days following the issuance of
the recommendation and prior to the date of the award.
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iii. 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.
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.
4.7.1 Important Considerations for Bidding Construction and Maintenance
Work
The following bullets include helpful factors to consider when conducting solicitations for
public projects and maintenance work.
A project that requires engineered plans and technical specifications is always
considered a public work.
Operational maintenance required to preserve a public improvement is generally
not considered a public work.
Staff must consider and apply the definition of “public project” established in
subsections 22002(c) and 22002(d) of the Public Contract Code to determine
which bidding requirements may apply to a particular maintenance project.
A common requirement for construction and maintenance work is that the
contractor comply with prevailing wage and other labor compliance requirements
(see Section 5.5, Prevailing Wage and Contractor Registration Requirements.
CUPCCAA competitive bidding thresholds are considerably higher that the City’s
bidding thresholds for maintenance work. However, the informal and formal
solicitation procedures required by CUPCCAA for public projects can be applied
informal and formal solicitations for maintenance work, as required by the City
Manager of Department Head.
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Chapter 5 – Special Procurement Programs and Considerations
5.1 Overview
This chapter provides information on key City and other governmental programs and requirements
that must be considered before making purchases with public funds.
5.2 City-issued Credit Cards
Based on operational need, employees may be assigned a City-issued credit card for the purchase
of commonly used goods and offsite/online services such as subscriptions, training, professional
memberships. Offsite services such as minor equipment repair that is performed at a business and
not on City property can also be procured with City-issued credit cards in some cases.
Onsite services of any kind that require contractors to perform work on City property cannot be
purchased with a City-issued credit card due to the City’s insurance and indemnification
requirements that cannot be met by credit card issuers.
Issued cards are based on per transaction and monthly limits, and subject to the terms of the
Requirements and Procedures for Use of City Credit Cards Policy.
5.3 Environmentally Preferable Purchases
Consistent with relevant state law and Chapter 8.33 of the Municipal Code (Mandatory Organic
Waste Disposal Reduction), the City has adopted a Recovered Organic Waste Product
Procurement Policy.
The 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.
5.4 Grant-funded Purchases
When contemplating a purchase of goods and/or services that involves the expenditure of federal
or state funds, the procurement must be conducted in accordance with mandatory applicable
federal or state regulations. For federal grants, the procurement standards in the Code of Federal
Regulations must be followed. The federal procurement standards, along with contract provisions
that must be included in City contracts under federal awards, are located on the Shared Drive under
Employee Resources – Administrative Policies. The procurement standards and required contract
provisions can also be found here: 2 CFR 200.318 to 327 and Contract Provisions for Non-Federal
Entity Contracts Under Federal Awards.
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In addition to the procurement standards, it is important to note that local entities that receive more
than $750,000 in federal funding during a fiscal year must comply with Single Audit requirements.
It is imperative that the Administrative Services Director be notified regarding federal funding of any
amount.
Helpful hint: Prior to making a purchase using federal funding, the department must compare
the City’s procurement policies to the federal procurement standards and use the most
restrictive of the two. For example, the City’s formal bid threshold is $50,000, but the federal
formal bid threshold is $250,000. In this instance, the City’s threshold of $50,000 must be
used.
5.5 Prevailing Wage and Contractor Registration Requirements
The payment of prevailing wage applies to all public works projects over $1,000 (Labor Code
sections 1720 and 1771), with limited exceptions covered below. Public works contractors, and their
subcontractors, are required to register each year with the Department of Industrial Relations (DIR)
to help ensure compliance with prevailing wage requirements.
As detailed in this section, specific actions must be taken by City staff to verify that contractors and
their subcontractors are registered with the DIR, and that contractors are fulfilling their prevailing
wage obligations. The DIR’s Public Works page contains detailed information regarding the
payment of prevailing wages and Contractor Registration Program.
The City’s responsibilities regarding contractor registration and prevailing wage compliance can be
found on the DIR’s Awarding Bodies webpage and are summarized as follows:
A PWC-100 Form must be submitted to the DIR for maintenance contracts exceeding
$15,000 and construction contracts exceeding $25,000.
Submit the PWC-100 Form within 30 days of contract award, but in no event later than the
first day in which a contractor has started work (Labor Code §1773.3).
Obtain prevailing wage rates from DIR.
Notify potential contractors that they must register with DIR and that the project is subject
to enforcement by DIR.
Require proof of publics works contractor registration before accepting a bid or awarding a
contract. To find actively registered contractor, use the Public Works Contractor Registration
Search tool on the Awarding Bodies webpage.
Post or require contractors to post jobsite notices on public works requirements.
Ensure that public works contractors pay prevailing wages and are in compliance with public
works laws.
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Report any suspected public works violations to the Labor Commissioner.
5.6 Other Contractor Requirements
Contractors conducting business on City property must be properly licensed, insured and otherwise
comply with all lawful requirements. Applicable requirements must be met before any work can
commence. Consult with a Department Head to determine what requirements may apply to the
procurement.
1. Certificates and licenses. Depending on the nature of services provided, special
certifications or licenses may be required, as determined by a Department Head or
designee.
2. Insurance compliance. Contractors working on City property must comply with the
insurance requirements established in Chapter 6, Procurement Risk Management.
3. Tax compliance. Contractors conducting business in the City are required to obtain a
business license before they begin work.
4. Guarantees and warrantees. When working on City property or in rights-of-way,
contractors must provide assurances that work will be completed according with
specifications and contractual obligations. These requirements may be included in standard
bidding documents and contract templates. The most common examples are bid, payment
and/or performance bonds, as required.
5.7 Specification Development and Product Standardization
5.7.1 Specification Development
Specifications are used define good or services in a competitive solicitation document.
Specifications should include a precise description of the physical characteristics, quality,
or desired outcomes of a product to be procured, which a supplier must be able to produce
or deliver to be considered for contract award. To promote competition, specifications
should use plain language, relevant to and understood by the bidding community. Preparing
clear, biddable specifications is an essential part of the competitive bidding process.
There are essentially two types of specifications: design and performance. Good
specifications typically contain elements of both.
1. Design specifications. Design specifications establish the characteristics that a
product or service must possess, and may include manufacturing details such as
engineered plan, drawings or blueprints.
2. Performance specifications. Performance specifications identify the desired
outcome or output that a good or service must meet. Performance specifications
may utilize functional descriptions of defined tasks or desired results.
a. Functional descriptions or requirements. Performance specifications may
utilize functional descriptions of defined tasks or desired results. Functional
requirements are typically associated with RFPs and are used for solutions
such as software systems.
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b. Brand name specifications. In areas where the City has standardized a
particular product such as fleet vehicles, staff may use one brand name
manufacturer (see 5.7.2, Product Standardization).
Note: Use of brand name specifications can be restrictive, limit competition,
and can result in increased cost and risk of protest. Their use must be
carefully considered and approved by a Department Head or designee.
Helpful hint: As a best practice, when developing specifications where a brand name is
being referenced but the desired product has not been standardized for City use, the brand
name reference should be followed by “or City-approved equal.” The product offered can
then be evaluated for conformance to the City’s requirements.
In many cases, specifications can be highly complex/technical, requiring subject matter
expertise beyond that of City staff. The following steps should be considered when
developing specifications.
1. Collaboration. Meeting with stakeholders of a procurement or others at the City with
knowledge/experience writing specifications helps to clarify specific needs.
Stakeholder review of the draft specifications can also be helpful from a peer review
perspective.
2. Market research. Conducting market research will help inform product
design/performance criteria and create understanding of market and supply chain
trends. Be sure to inform vendors who are contacted during this process that a
competitive solicitation will be performed.
3. Contact/research other public agencies. Other public agencies may have
conducted a similar procurement and can share valuable information/insight.
4. Retain professional assistance. In some instances, contractors or consultants
must be engaged to create complex specifications. However, if an outside consultant
or contractor prepares specifications, they are prohibited from submitting a
competitive bid or proposal.
Additional information on preparing specifications can be found on NIGP: The Institute for
Public Procurement’s global procurement best practices webpage.
5.7.2 Product Standardization
Product standardization is a process whereby a determination is made that a particular
brand name product (supplies, materials or equipment) or service must be used throughout
the City. Common examples of products local agencies may standardize are fleet vehicles
and computer equipment; both can have service components.
Factors and techniques that may be use in determining to standardize on a single brand or
trade name can include the following considerations:
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Field testing to determine the product’s suitability,
To achieve interoperability with products currently in use such a computer hardware,
software, systems or programs, and
Demonstration of ongoing cost savings.
Approval required. Product standardization decisions must be approved by the City
Manager or designee.
5.8 Surplus Personal Property Disposal
Surplus personal property is defined as equipment, furniture, materials, supplies, vehicles, etc., that
no longer have a business purpose but are still usable and have salvage value, as determined by
the appropriate approval authority noted below. Surplus personal property does not include real
property.
1. Approval authority and disposition. The approval authority to dispose of surplus personal
property having salvage value is consistent with the first, second and third level designations
used to determine the appropriate contract award authority (See Section 3.6, Dollar
Thresholds for Award Contracts).
Surplus property with salvage value must 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.
2. Property with no salvage value. Surplus personal property with no salvage value, as
determined by the City Manager or designee, must be disposed of in a manner that salvages
recyclable components, if practical.
3. 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.
4. 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 must be available for public inspection and kept for a period of time in compliance
with state law and the City’s records retention schedule kept on file in the City Clerk’s Office.
5. Donations. Provided that advance written approval of the City Manager is obtained and
appropriate indemnification from liability has 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.
6. Proceed of sale. Proceeds from the sale of surplus personal property must be deposited
into the appropriate city fund.
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Chapter 6 – Procurement Risk Management
6.1 Overview
Every purchase made by staff carries an element of risk that must be mitigated through the use of
contract terms and conditions that limit liability exposure, and through insurance requirements that
contractors and consultants must meet in order to conduct business with the City.
6.2 Insurance Requirements
Many of the City’s purchases require contractors and consultants to carry specific insurance
coverage levels and terms. This is especially true for services that require work on City property
and in the rights-of-way. Most importantly, contractors and consultants must insure the City through
their insurance providers.
Standard insurance coverage includes commercial general liability, auto, worker’s compensation,
and professional liability. When procuring technology products and services, cyber liability coverage
is required.
Prior to conducting a procurement, consult with Risk Management to determine if coverage is
required, what types and levels of coverage are required, and whether standard coverage limits
can be modified.
6.2.1 Evidence of Insurance Coverage
All contractors and consultants who must meet the City’s insurance requirements must
provide a Certificate of Insurance that includes all of the following elements:
Additional insured. Insurance certificates must indicate that “The City, its elected
and appointed officials, officers, attorneys, agents, employees, and volunteers” are
covered as additional insureds for any liability arising from activities performed on
behalf of contractors.
Additional insured endorsement. It is essential that insurance certificates include
a policy endorsement that extends the contractor’s coverage to the City. The
endorsement proves that the contractor’s insurance company has acknowledged
that a contractual relationship exists with the City and has amended the policy to
extend coverage to the agency.
Coverage limits. Risk Management, in conjunction with the City Attorney, has
established minimum coverage limits that all contractors must meet. The limits may
be adjusted upward or downward depending on project scope and potential liability.
Standard coverage limits are $1,000,000 per occurrence and $2,000,000 in the
aggregate.
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Minimum insurer requirements. The insurers providing coverage to contractors
must be authorized to conduct business in California and have minimum ratings
comparable to A.M. Best A-/VII.
6.4 Insurance Not Required
Due to the low risk of liability, insurance is typically not required in the following instances:
Goods purchases. Most goods purchases do not require vendors to insure the City, unless
there is a service component that requires onsite services such as installation or ongoing
maintenance work.
Off-site services. Services that are provided off-site generally do not require insurance
coverage. Examples include off-site or online training, repair or other routine services
performed at a place of business.
Delivery services. Delivery service companies such as Federal Express and United Parcel
Service whose function is to deliver goods purchased from manufacturers or distributors of
manufacturer’s products do not typically require insurance.
Memberships. Organizations for which the City pays membership fees are not required to
meet insurance requirements.
6.5 Limiting City Liability
The City’s contractual terms and conditions legally protect and limit the liability of the City in the
event of a contractor default, product defects arising within or outside of warranty periods, design
defects by consultants that can lead to accidents or injuries, etc. Key examples include:
Termination provisions for convenience or due to lack of funding.
Provisions ensuring contractors comply with local, state and federal laws and are
appropriately licensed, insured and bonded.
Indemnification provisions that require contractors to defend the City from claims arising
from acts or omissions by the contractor/consultant or those to whom they are legally liable
such as subcontractors.
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Glossary of Purchasing Terms and Terminology
Additional insured. An essential component of an insurance certificate to establish that the “City,
its elected and appointed officials, officers, attorneys, agents, employees and volunteers” are
insured for any liability arising from activities performed on behalf of contractors working on City
property or providing professional services to the City.
Additional insured endorsement. An essential component of an insurance certificate that signifies
the insurer has amended a contractor’s or consultant’s insurance policy to extend coverage to the
City.
Agreement. A mutual, written understanding between two or more competent parties, whereby one
party agrees to perform as defined in the agreement and the other party agrees to compensation
for the performance rendered in accordance with the agreement conditions. Agreement and
contract may be used synonymously.
Amendment. An agreed upon written modification to an existing contract.
Appropriation. Authorization by the City Council to spend funds for City operations and
infrastructure, or other designated purposes.
Award. The acceptance of a bid or proposal; or the presentation of a purchase order by the award
authority or designee to a successful bidder or proposer.
Award authority. The governing body or staff person authorized to approve the purchase of goods
and services on behalf of the City; the staff person(s) authorized to approve or execute procurement
contracts and otherwise legally bind the City.
Best value procurement. A procurement that is awarded based on factors in addition to price.
Best value procurements are mainly conducted through the competitive request for proposals (RFP)
and request for qualifications (RFQ) processes.
Bid addendum. A document issued to all known participants (“plan holders”) in a competitive bid
or proposal process that makes a change to the solicitation documents/project (i.e., changes to
specifications), or process (like a bid due date extension).
Bid bond. A guarantee (cash, cashier’s check or bid bond) required to be submitted with bids or
proposals that entitles the City to compensation if the low bidder fails to execute a contract.
Bid opening. The process by which sealed bids are publicly opened at an in-person or virtual
location at the time and place specified in the invitation for bids (IFB) in the presence of at least one
witness.
Blanket purchase order. A limited-term contract for goods and/or services based on unit pricing,
typically for one-year renewable periods. Blanket purchase orders be established with estimated
quantities, allowing end users flexibility to order products when needed, or for on-call services.
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Competitive solicitation. The process of soliciting and obtaining formal and informal bids or
proposals, including price quotations, from competing sources.
Conflict of interest. A conflict of interest in conjunction with a City purchase is a situation where
an employee or a member of the employee’s family stands to benefit financially from the
procurement.
Contract. See Agreement.
Cooperative purchasing. A variety of arrangements where two or more public entities purchase
goods and/or services from the same supplier or multiple suppliers using a single competitive bid
or proposal; the combining of the requirements of two or more public entities to leverage the benefits
of volume purchases, including administrative savings and other demonstrable advantages.
Encumbrance. An accounting entry related to the issuance of Purchase Order that commits an
appropriated dollar amount to be spent.
Formal sealed bid. A procurement method for goods and/or services anticipated to be greater than
$50,000 where sealed invitation for bids (IFB) are submitted and publicly opened, with a contract
awarded to the lowest responsive and responsible bidder.
Formal sealed proposal. A procurement method for goods and/or services anticipated to be
greater than $50,000 where sealed requests for proposals (RFP) or similar response documents
are submitted and reviewed by an evaluation committee based on established criteria outlined in
the solicitation document, with a contract awarded to the responsive and responsible proposer
whose solution provides the best overall value to the City.
General services. Work performed or services rendered by independent contractors (excluding
public works construction contracts) that does not typically require a license, certification or other
professional criteria to perform the work. This includes services such as equipment maintenance,
janitorial, printing, landscaping, machinery and equipment rental, refuse disposal; and utility.
Goods. Supplies, materials and equipment to be furnished or used by any department of the City,
including items purchased by the City and furnished to contractors for use in public works projects.
Informal bid or proposal. Competitive bids or proposals anticipated to be no more than $50,000
conducted under informal procurement procedures.
Insurance certificate. The document provided by a contractor/consultant’s insurer that
incorporates key elements and City requirements to show proof of agency insurance coverage by
the insurer.
Invitation for bids (IFB). The type of solicitation document typically used in a competitive (formal)
sealed bidding process. Components include but may not be limited to a bid invitation, instructions
to bidders, bid schedule(s), terms and conditions, and technical specifications.
Lowest responsive and responsible bidder. The bidder to be awarded a contract whose bid fully
complies with all material bid requirements, and whose past performance and financial capacity is
determined to be acceptable and has offered the lowest price.
Offeror. An offeror is 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.
Payment bond. A type of surety instrument which guarantees that contractors (or subcontractors)
will pay their subcontractors, material suppliers or laborers for work and materials provided.
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Qualifications-based selection. A process established by state or federal law that requires the
selection of a professional services provider such as an architect, engineer, land surveyor, or
construction management firm to be made on the basis of demonstrated competence before pricing
can be considered.
Performance bond. A type of surety instrument which guarantees that the principal contractor will
fulfill their contractual obligations under a project.
Pre-bid/proposal conference. A designated meeting during a solicitation period for contractors to
hear about the business opportunity and ask process/technical questions. The pre-bid/proposal
conference may be mandatory depending on the nature of a project.
Prevailing wages. The wage rates, including fringe benefits, paid to a majority of workers in a
geographic area for the same type of work on similar projects as established by the California
Department of Industrial Relations.
Professional services. Services, generally of an intangible nature that typically require a license,
certification, and/or other professional criteria to perform the work as defined by the laws of the
State of California including, but not limited to, Architect, Engineer, Land Surveyor, Attorney, Public
Accountant as well as information technology services such as installation and implementation of
information technology projects, software licensing and maintenance, and Software as a Service
(SaaS).
Public project. Infrastructure improvement work as defined in Public Contract Code section 22002,
as it may be amended from time to time.
Purchase order. A legally binding contract issued by Finance to a vendor which includes the terms
and conditions of a transaction and/or to encumber funds related to an agreement.
Purchase requisition. The document required to be submitted through the financial system to
complete the procurement process. Purchase requisitions must be properly documented by the
requesting department and approved by the appropriate authority.
Request for proposals (RFP). The solicitation document used to solicit proposals for goods and/or
services from potential providers.
Request for qualifications (RFQ). The solicitation document used to solicit proposals when
qualifications and experience are overriding considerations to price and are commonly used for
architectural and engineering services or other highly specialized consultants.
Responsible bidder or proposer. A bidder or proposer who has demonstrated the attribute of
trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the
work.
Responsive bidder or proposer. A bidder or proposer whose submitted bid/proposal is in
compliance with the instructions and requirements established by the City and set forth in the City’s
solicitation documents.
Services. Either general services or professional services.
Single source purchase. A situation where a good or services is available from more than one
source, but a compelling justification can be made to source the purchase to one particular vendor
based on cost, best value, bid impracticality, etc.
Page 444 of 575
Purchasing Policies and Procedures Manual
Glossary of Purchasing Terms and Terminology Baker Tilly
38
Sole source purchase. A situation where a good or service can only be obtained from one source
due to its proprietary or specialized nature, or a situation where product/service compatibility is an
overriding consideration to price.
Specifications. Any description of the physical or functional characteristics or of the nature of a
supply or service. It may include a description of any requirement for inspecting, testing, or
preparing a supply or service for delivery. There are two types of specifications: design and
performance. Specifications developed for solution-based procurements may be referred to as
“requirements,” and specifications associated with services may be referred to as a “scope of work”
(however, a scope of work is often included in solicitation documents in addition to specifications
or requirements).
Surplus personal property. Equipment, furniture, materials, supplies, vehicles, etc., that no longer
have a business purpose but are usable or otherwise have salvage value. Surplus personal
property does not include real property.
Page 445 of 575
Purchasing Policies and Procedures Manual
Attachments Management Partners
39
Attachments
Attachment A: Delegation of Contract Award Authority
Date
TO: Administrative Services Director
FROM: City Manager
CC: City Attorney
Public Works Director
City Clerk
SUBJECT: Delegation of Contract Award Authority
Effective immediately and continuing until further notice, I hereby delegate the following
authorities to insert staff member(s) as defined in Chapter 3.08 of the Municipal Code:
Ordinance Citation Description of Delegated Authority
3.08.060 The authority to award and sign first level contracts for the purchase of
goods and services up to $50,000 in any one transaction.
3.08.060 The authority to award and sign first level contracts for public works
construction contracts up to $60,000 in any one transaction.
3.08.070 The authority to exempt goods and services purchases up to $50,000 from
competitive solicitation procedures.
3.08.120 The authority to dispose of surplus personal property with an estimated
value of up to $50,000.
This delegation is made with the following provisions:
1. All actions taken under the authority delegated above must be in full compliance with the
requirements of the Municipal Code.
2. All actions taken under the authority delegated above must be fully documented; and such
written documentation must be retained in the procurement records and available for public
inspection.
__________________________________
City Manager
Page 446 of 575
Purchasing Policies and Procedures Manual
Attachments Baker Tilly
40
Attachment B: Competitive Bid/Proposal Exemption Request Form
COMPETITIVE BID/PROPOSAL EXEMPTION REQUEST
(Purchases Greater than $5,000)
Purchase Requisition No. ___________________
Please indicate your requested exemption(s) to the City’s competitive bidding requirements, and
provide brief written explanation in the space below:
☐ Professional or specialized services
☐ Emergency procurement, as defined in municipal code section 3.08.070
☐ Situations where solicitations of bids or proposals would for any reason be impractical,
unavailing or impossible
☐ 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
☐ Goods and/or services obtained from or through agreement with any governmental, public
or quasi-public entity
☐ Works of art, entertainment or performance
☐ Goods procured for resale to the public
☐ Sole source for goods or services where the City’s requirements can only be met by a single
patented, copyrighted, or proprietary article or process available from a single source.
(Examples of acceptable sole source purchases are equipment for which there is no
comparable competitive product, a component or replacement part for which there is no
commercially available substitute and which can only be obtained from the manufacturer, or
an item where compatibility with items in use by the City is the overriding consideration.)
☐ Other
Justification for requesting an exemption (must accompany your request):
Requestor: Department Director Approval:
___________________________ ______________________________
Date Requested: Date Approved:
___________________________ ______________________________
Page 447 of 575
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ATTACHMENT 5
Notes:
1The information below each city references the year of the last update to the purchasing ordinance and population size, respectively.
2Level 1 may include sub-delegation to departmental managers.
3The last comprehensive update of Arroyo Grande’s purchasing policies and procedures was 2000.
4CUPCCAA refers to the California Uniform Public Construction Cost Accounting Act. 2023 bidding thresholds are: up to $60,000, no bids required; $60,001 to $200,000, informal bids; greater than $200,000, formal bids.
5Green text represents solicitation and contract award thresholds that are higher than Arroyo Grande’s current limits.
6The cities of Lompoc, Morro Bay, Paso Robles, San Luis Obispo, and Santa Maria authorize the city manager to develop, implement and update procedures for administering the purchasing ordinance.
7The department director responsible for the procurement may award CUPCCAA contracts up to the informal threshold limit if such authority is delegated.
8The city manager may award contracts for goods, services and public projects at the levels established for Council approval if such authority is delegated.
Local Agency1 Procurement Type Solicitation Threshold Requirements Contract Award Thresholds
None Required Informal Formal Level 1 (Department Director)2 Level 2 (City Manager) Level 3 (City Council)
Arroyo Grande (existing)
(2000)3, 18,456
Goods, General Services Up to $1,500 $1,501 to $10,000 Greater than $10,000 Up to $5,000 Up to $10,000 Greater than $10,000
Professional Services Up to $1,500 $1,501 to $25,000 Greater than $25,000 Up to $5,000 Up to $25,000 Greater than $25,000
Public Projects4 CUPCCAA limit CUPCCAA limit CUPCCAA limit Not applicable CUPCCAA formal Not applicable9
Arroyo Grande (2023
proposed)
Goods, Services Up to $5,000 Up to $50,000 Greater than $50,000 Up to $50,000 Up to $100,000 Greater than $100,000
Public Projects CUPCCAA limit CUPCCAA limit CUPCCAA limit Up to $60,000 CUPCCAA Informal CUPCCAA formal
Atascadero
(2022), 29,708
Goods, Services Up to $30,0005 $30,001 to $100,0005 Greater than $100,0005 Up to $30,0005 Up to $100,0005 Greater than $100,0005
Public Projects4 CUPCCAA limit CUPCCAA limit CUPCCAA limit Up to $30,000 CUPCCAA informal CUPCCAA formal
Lompoc6
(2017), 43,834
Goods, Services CUPCCAA limit5 CUPCCAA limit5 CUPCCAA limit5 CUPCCAA informal if delegated5 CUPCCAA informal5 CUPCCAA formal5
Public Projects4 CUPCCAA limit CUPCCAA limit CUPCCAA limit CUPCCAA informal5,7 CUPCCAA informal CUPCCAA formal
Morro Bay6
(2022), 10,779
Goods Up to $10,0005 $10,001 to $125,0005 Greater than $125,0005 Up to $25,0005 Up to $125,0005 Greater than $125,0005
Services Up to $40,0005 $40,001 to $125,0005 Greater than $125,0005 Up to $25,0005 Up to $125,0005 Greater than $125,0005
Public Projects4 CUPCCAA limit CUPCCAA limit CUPCCAA limit Up to $25,0005 CUPCCAA informal CUPCCAA formal
Paso Robles6
(2022), 31,000
Goods Less than $10,0005 $10,000 to $100,0005 Greater than $100,0005 Up to $50,0005 Up to $100,0005 Greater than $100,0005
Services Less than $40,0005 $40,000 to $150,0005 Greater than $150,0005 Up to $50,0005 Up to $100,0005 Greater than $100,0005
Public Projects4 CUPCCAA limit CUPCCAA limit CUPCCAA limit Up to $50,0005 Up to $100,000 Greater than $100,000
Pismo Beach
(2022), 8,036
Goods, Services Up to $2,5005 Up to $50,0005 Greater than $50,0005 Up to $15,0005 Up to $50,0005 Greater than $50,0005
Public Projects4 Up to $50,000 $50,000 to $200,000 Greater than $200,000 Up to $15,0005 Up to $50,000 Greater than $50,000
San Luis Obispo6
(2022), 47,545
Goods Up to $9,9995 $10,000 to $74,9995 Greater than $74,9995 Up to $74,9995 Up to $199,9995,8 Greater than $199,9995
Services Up to $9,9995 Up to $39,9995 Greater than $39,9995 Up to $9,9995 Up to $149,9995,8 Greater than $149,9995
Public Projects4 Up to $14,999 Up to $59,999 Greater than $59,999 Up to $59,9995 Up to $199,9998 Greater than $199,999
Santa Maria6
(2018), 109,711
Goods, Services Up to $10,0005 $10,001 to $75,0005 Greater than $75,0005 Up to $75,0005 Up to $75,000 (Director)5 Greater than $75,0005
Public Projects4 CUPCCAA limit CUPCCAA limit CUPCCAA limit CUPCCAA informal5 CUPCCAA informal Not applicable9
Grover Beach10
(2023 proposed), 12,711
Goods, Services Up to $5,000 5 $5,001 to $50,0005 Greater than $50,0005 Up to $50,0005 Up to $100,0005 Greater than $100,0005
Public Projects CUPCCAA limit CUPCCAA limit CUPCCAA limit Up to $60,000 CUPCCAA Informal CUPCCAA formal
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ATTACHMENT 5
9The cities of Arroyo Grande and Santa Maria request Council Approval of construction plans and specifications. Contracts are awarded by the city manager.
10The city of Grover Beach adopted an updated ordinance on August 28, 2023.
Page 523 of 575
Item 12.a.
MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, Acting Public Works Director/City Engineer
SUBJECT: Consider Introduction of Tally Ho Road Speed Limit Reduction
Ordinance
DATE: September 26, 2023
SUMMARY OF ACTION:
Recommend that City Council waive first reading and introduce for reading by title only
an ordinance authorizing a speed limit reduction on Tally Ho Road between James Way
and Highway 227 from 35 miles per hour (mph) to 30 mph (Attachment 1).
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, most 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) W aive the first reading and introduce 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) 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.) Other than the
replacement of existing street signs, there is no additional physical alteration or
Page 524 of 575
Item 12.a.
City Council
Consider Introduction of Tally Ho Road Speed Limit Reduction Ordinance
September 26, 2023
Page 2
construction associated with this action, and this speed adjustment is not anticipated to
alter traffic patterns other than to reduce speed.
BACKGROUND:
Following numerous residential complaints about speeding, a speed survey was
conducted on Tally Ho Road east of James Way from February 8-15, 2021. That speed
survey (Exhibit A of Attachment 1) 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 are 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 residential and family character of this neighborhood, staff
developed a street restriping plan (Attachment 2) 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 A of Attachment 1) 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 restriping 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.
ANALYSIS OF ISSUES:
The 2006 California Manual on Uniform Traffic Control Devices (MUTCD) and Caltrans
Policy Directive 09-04 recommend setting a speed limit at the nearest 5 mph increment
to the 85th percentile speed of free -flowing traffic. According to the latest speed survey,
this recommended speed is 35 mph.
The MUTCD and Caltrans Policy Directive 09-04 allow for 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.
Factors that may be considered when considering a speed limit reduction 5 mph below
the 85th percentile speed include the following (a definition of each factor below):
Road characteristics, shoulder condition, grade, alignment, and sight distance ;
Page 525 of 575
Item 12.a.
City Council
Consider Introduction of Tally Ho Road Speed Limit Reduction Ordinance
September 26, 2023
Page 3
The pace speed;
Roadside development and environment;
Parking practices and pedestrian activity; and
Reported crash experience for at least a 12-month period.
Road Characteristics
There are no road characteristics on this section of Tally Ho Road, such as shoulder
condition, grade, alignment, or sight distance that justify a lower speed limit.
Pace Speed
Based on the speed survey conducted in July 2023, both eastbound and westbound pace
speed (10 mph increment of speed containing the largest number of vehicles) in this area
averages 27-36 mph. Average speed eastbound is 31.4 mph and westbound 31.6 mph.
Given that 30 mph is within the pace speed range, this lower speed limit is justified.
Roadside Development and Environment
California Vehicle Code (CVC) §515 defines a “residence district” adjacent to a highway
as a section of highway that contains 16 or more separate dwelling houses within a
quarter mile. This 0.37-mile section of road contains 42 residences, which is the
equivalent of 28 homes per quarter mile, which would easily qualify this area as residential
if this were a highway. The Vehicle Code does not provide a definition for residential
districts for streets not defined as highways.
In the E&TS, the engineer may consider conditions unforeseen to the driver as
justification for a lower speed limit. Forty-two residential properties front Tally Ho Road
between James Way and Highway 227; however, six properties are flag lots, meaning
that only thin drive approaches front the street and the residential structures on these lots
are not visible to drivers on Tally Ho Road. Therefore, there are more residences on the
street that are apparent to the drive r, which contributes towards justifying a lower speed
limit. An aerial image of the street is located in the E&TS in Exhibit A of Attachment 1.
Parking Practices and Pedestrian Activity
The restriping plan reduced parking only one side of the street so parking practices do
not help justify a lower speed limit. However, the residential nature of this neighborhood
and associated pedestrian traffic and children playing in the yards and on the sidewalks
of the street, as well as the presence of a school bus stop, contribute to justifying a lower
speed limit.
Collision History
Collision history must consider for at least a 12-month period. To date this year, there
have been no reported collisions. There were two collisions in all of calendar year 2022,
and no collisions in all of 2021. Anecdotally, many residents shared near miss accidents,
excessive speeds, and pets being hit by vehicles due to speeding.
Page 526 of 575
Item 12.a.
City Council
Consider Introduction of Tally Ho Road Speed Limit Reduction Ordinance
September 26, 2023
Page 4
Resident Input
Resident input has driven much of the work to date on this topic. Given that both 30 and
35 mph speed limits are enforceable, staff wished to verify that the interest in a reduced
speed limit on this street was widespread and not just the interest of one o r two
homeowners. To obtain feedback, staff issued a postcard to all 42 residents on Tally Ho
Road between James Way and Highway 227. The postcard said:
Dear resident
Some residents on Tally Ho Road between James Way and Highway 227
have requested a lower speed limit. Both 30 mph and 35 mph are
supported by data. Before City staff recommend that the speed limit be
reduced to 30 mph, we want to hear from you. Please call (805) 473 –
5485 or email ireyes@arroyogrande.org by September 8, 2023, and
indicate your preference from the choices below.
⃝ Please recommend a speed limit of 30 mph
⃝ Please leave the speed limit of 35 mph
⃝ I have no preference.
Thank you for your input.
The City received eleven responses. Ten responses requested a speed limit of 30 mp h.
Of those ten responses, eight indicated a preference for 25 mph. One response requested
that the speed limit remain at 35 mph.
California Vehicle Code section 22352 sets the prima facie or expected and accepted
speed limit of 25 mph in residential areas when a speed limit is not posted. However,
posted speed limits can only be set at the 85th percentile of the speed survey data speeds
(in this case the posted speed limit in the Tally Ho neighborhood 35 mph), or 5 mph below
the 85th percentile when justified by an E&TS (in this case/recommendation, 30 mph).
The posting of other speed limits, not meeting the 85th percentile thresholds are not
enforceable, meaning that the issuance of a speeding ticket will generally not be upheld.
An E&TS prepared by Shannon Sweeney, registered Civil Engineer C61453, is included
as Exhibit A of Attachment 1. The Ordinance may be adopted after two readings, which
would set the date of adoption for the October 10, 2023 City Council meeting.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Introduce an Ordinance reducing Tally Ho speed limit from 35 mph to 30 mph - this
is the lowest enforceable speed that can be posted;
Page 527 of 575
Item 12.a.
City Council
Consider Introduction of Tally Ho Road Speed Limit Reduction Ordinance
September 26, 2023
Page 5
2. Do not introduce an Ordinance and do not reduce the posted speed limit of 35
mph, as 35 mph represents the 85th percentile and is within the pace speed window
and therefore is enforceable;
3. Remove existing speed limit signs, which would revert the speed limit to the prima
facie limit of 25 mph for residential areas per California Vehicle Code (CVC) 22352.
While this speed is enforceable, it cannot be posted, and staff is concerned that
with no speed limit signs present, speeding will persist and potentially revert to
speeds shown in the 2021 speed survey; or
4. Provide other direction to staff.
ADVANTAGES:
The recommended action fulfills the desire of numerous residents on this street for a lower
speed limit. Continued resident dissatisfaction and staff time to address concerns are very
likely to remain if the speed limit is not reduced. A 25 mph speed limit is enforceable, but
only if not posted. Staff is concerned that lack of a posted speed limit sign will not
accomplish the desired goal of reducing speed at this location.
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.
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 i ndirect, 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:
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. Tally Ho Restriping Plan
Page 528 of 575
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 529 of 575
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 530 of 575
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 531 of 575
ORDINANCE NO.
PAGE 4
EXHIBIT A
Engineering and Traffic Study (E&TS)
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EXHIBIT A
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ATTACHMENT 2Page 571 of 575
Item 12.b.
MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, Acting Public Works Director/City Engineer
SUBJECT: Discussion of SLOCOG Supplemental Funding Efforts
DATE: September 26, 2023
SUMMARY OF ACTION:
Summarize San Luis Obispo Council of Governments (SLOCOG) current efforts to secure
supplemental funding for transportation needs and provide feedback to the City’s
SLOCOG Board of Directors representative, Councilmember Guthrie.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Approximately 3 hours of staff time was spent researching the issue and preparing this
report.
RECOMMENDATION:
Receive an update, discuss, and provide feedback to Councilmember Guthrie for the
SLOCOG Board of Directors.
BACKGROUND:
25 of 58 counties in California are considered self-help counties, meaning that they have
a local transportation sales tax to deliver timely, cost-efficient transportation
improvements to their communities. See Figure 1. The dollar values in the figure
represent the annual revenue received by each county. In 2016, San Luis Obispo County
placed Measure J on the November ballot which would have established such a local
transportation sales tax. This measure received 66.3% voter support, just shy of the
66.7% required for passage.
Page 572 of 575
Item 12.b.
City Council
Discussion of SLOCOG Supplemental Funding Efforts
September 26, 2023
Page 2
Figure 1: Map of California Self-Help Counties
Had this measure passed, the sales tax measure would have generated a pproximately
$25 million per year in 2016 and currently $35 million per year to address county
transportation issues, including road maintenance. In addition, the County has not been
eligible for an estimated $1 billion in competitive state grants by not having adequate
matching funds to secure those grants.
SLOCOG is developing an Investment Plan, and one potential element of that plan is a
local sales tax. SLOCOG is exploring the potential of including a sales tax measure on
the November 2024 ballot. To this end, SLOCOG has developed a website
Page 573 of 575
Item 12.b.
City Council
Discussion of SLOCOG Supplemental Funding Efforts
September 26, 2023
Page 3
(www.localroadsfirst.com), an online survey tool, provides background information, and
an identification logo. Meetings with key stakeholders, including several local advisory
councils, have been held to raise awareness, identify benefits, and build trust. Four focus
group meetings, with attendees that represent likely voters, are being held in September
to further understand what is meaningful to the public and to identify if SLOCOG is
correctly understanding and articulating the priorities of county residen ts.
ANALYSIS OF ISSUES:
San Luis Obispo County has a $3.1 billion available revenue stream and $5.4 billion of
identified transportation needs, resulting in a funding shortfall of $2.3 billion over the next
23 years. Previous funding streams for transportation needs have heavily relied on gas
tax. However, conservation, hybrids, and electric vehicles have resulted in a decline of
gallons of fuel used and therefore revenues and allocation of funds.
Deferring maintenance on roads leads to considerably more cost in road maintenance.
Preventative maintenance of roads costs a fraction of the cost of rehabilitating roads that
have already deteriorated. Timely maintenance saves a significant amount of funding and
allows for more efficient use of funding dollars for keeping streets maintained. In addition,
funds not needed to rehabilitate streets can be spent on other transportation needs such
as sidewalk repairs, public transportation, and ADA improvements.
SLOCOG is seeking input from the community. All county residents are encouraged to
visit www.localroadsfirst.com and take a survey to provide input on this important issue.
The SLOCOG Board of Directors will be meeting in October to discuss the potential sales
tax measure. Council Member Guthrie is the City’s representative on the Board and has
requested feedback from the Council before that meeting.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Receive and update and provide feedback to Council Member Guthrie, or
2. Provide other direction to staff.
ADVANTAGES:
The City of Arroyo Grande has the potential to benefit from additional funding to address
its road maintenance backlog. It is advantageous for city residents, staff, and elected
officials to remain informed on SLOCOG’s efforts.
DISADVANTAGES:
There could be a negative perspective on City’s potential revenue generation measures
since it is anticipated that several jurisdictions around the County and State may be
placing similar measures on the November 2024 ballot .
Page 574 of 575
Item 12.b.
City Council
Discussion of SLOCOG Supplemental Funding Efforts
September 26, 2023
Page 4
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Page 575 of 575