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CC 2023-09-12 Agenda PackageCITY COUNCIL MEETING AGENDA SUMMARY Tuesday, September 12, 2023, 5:00 p.m. 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) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Employee Organization: Arroyo Grande Police Officers’ Association1. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services a. Employee Organization: Service Employees International Union, Local 6202. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services a. Unrepresented Management Employees3. City-designated negotiators: Che Johnson, Special Labor Counsela. City Manager4. City-designated negotiators: Che Johnson, Special Labor Counsel a. 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: City Council Closed Session Meeting of September 12, 2023 a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Employee Organization: Arroyo Grande Police Officers’ Association1. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services a. Employee Organization: Service Employees International Union, Local 6202. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services a. Unrepresented Management Employees3. City-designated negotiators: Che Johnson, Special Labor Counsela. City Manager4. City-designated negotiators: Che Johnson, Special Labor Counsel a. 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” 6.b Interim City Manager Communications (ROBESON) Recommended Action: Receive correspondence/comments as presented by the Interim City Manager and Provide direction, as necessary. Page 2 of 561 7.CITY COUNCIL REPORTS None. Reports are made during the Second Council Meeting each month. 8.COMMUNITY COMMENTS AND SUGGESTIONS This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. Members of the public may provide public comment in-person or remotely by joining the Zoom meeting utilizing one of the methods provided below. Please use the “raise hand” feature to indicate your desire to provide public comment. Click the link below to join the webinar: https://us02web.zoom.us/j/86752345420; Webinar ID: 867 5234 5420 • Or by Telephone: 1-669-900-6833; 1-346-248-7799 Press * 9 to “raise hand” for public comment • The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: • Direct City staff to assist or coordinate with you. • A Council Member may state a desire to meet with you. • It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: • Comments should be limited to 3 minutes or less. • Your comments should be directed to the Council as a whole and not directed to individual Council members. • Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 9.CONSENT AGENDA The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 9.a Consideration of Cash Disbursement Ratification (VALENTINE) Recommended Action: 1) Ratify the attached listing of cash disbursements for the period of August 1 through August 15, 2023; 2) Determine that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) 9.b Consideration of Statement of Investment Deposits Page 3 of 561 (VALENTINE) Recommended Action: 1) Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of July 31, 2023, as required by Government Code Section 53646(b); 2) Determine that receiving the report of investment deposits is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) 9.c Consideration of Memorandum of Understanding with the Arroyo Grande Police Officers’ Association (VALENTINE) Recommended Action: 1) Adopt a Resolution approving the proposed MOU with the AGPOA for Fiscal Years 2023- 24 through 2026-27; 2) Determine 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 (VALENTINE) Recommended Action: 1) Adopt a Resolution approving the proposed MOU with the SEIU for Fiscal Years 2023-24 through 2025-26; 2) Determine 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 (VALENTINE) Recommended Action: 1) Adopt a Resolution approving the proposed MOU with the modifying pay rates and benefits for unrepresented Management employees; 2) Adopt a Resolution modifying pay rates and benefits for unrepresented part-time employees; 3) Approve the updated City combined salary schedule; 4) Approve one budget adjustment request in the amount of $787,725; and 5) Determine 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 Page 4 of 561 (ROBESON) Recommended Action: Adopt a Resolution declaring the end of the local emergency related to the ongoing 2023 storm events 9.g Approval of Minutes (MATSON) Recommended Action: Approve 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 (MARTINEZ) Recommended Action: 1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the California Office of Traffic Safety (OTS) to help address ongoing traffic safety concerns and appropriate the funding for the activities and find the action exempt from CEQA; and 2) approve 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 (MARTINEZ) Recommended Action: 1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the California Department of Alcoholic Beverage Control (ABC) to accept grant funding and find the action exempt from CEQA; and 2) approve 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 (KAHN) Recommended Action: 1) Adopt a Resolution accepting public improvements and a public utility easement for Subarea 1 – East Cherry Avenue Specific Plan based upon the recommendation of the City Engineer following the final completion and inspection of those public improvements; and 2) Determine 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 5 of 561 (KAHN) Recommended Action: 1) Adopt a Resolution that authorizes the execution of a quitclaim deed to Caltrans for Parcels 12432-1 and 12433-1 on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102 and determine that real property exempt surplus land; 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 (KAHN) Recommended Action: 1) Approve 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) Determine 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 (KAHN) Recommended Action: 1) Accept the Offer of Dedication for an easement for a public right of way of the frontage of 191 Tally Ho Road, 2) Accept the Offer of Dedication for an easement for a public right of way of the frontage of 195 Tally Ho Road; 3) Award a construction contract for Construction of the Tally Ho Frontage Improvements Project to JJ Fisher Construction, Inc.; and 4) Determine 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 (PEDROTTI) Recommended Action: Page 6 of 561 Approve 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 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 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 7 of 561 Item 6.a.Page 8 of 561 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 12, 2023 SUMMARY OF ACTION: Review and ratify cash disbursements. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is a $ 3,550,174.90 fiscal impact that includes the following items:  Accounts Payable Checks $ 3,039,974.62  Payroll & Benefit Checks $ 510,200.28 RECOMMENDATION: 1) Ratify the attached listing of cash disbursements for the period of August 1 through August 15, 2023; 2) Determine that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) BACKGROUND: Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Administrative Services staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City’s Purchasing Policies and Procedures Manual. ANALYSIS OF ISSUES: The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2022-23 and FY 2023-24 budgets. Page 9 of 561 Item 9.a. City Council Consideration of Cash Disbursement Ratification September 12, 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 1 – August 15, 2023 – Accounts Payable Check Register 2. August 11, 2023 – Payroll & Benefit Check Register Page 10 of 561 CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name1 08/04/2023 298316 $ 1,000.00 08/06 SUMMER CONCERT SERIES SOUND 010.4421.5504 ADEPT EVENTS LLC2 08/04/2023 298317 750.00 06/23 WEBSITE STREAMING & ARCHIVING 010.4002.5303 AGP VIDEO, INC3 08/04/2023 298317 2,587.50 06/23 CABLECASTING 010.4002.5330 AGP VIDEO, INC4 08/04/2023 298318 150.00 REFUND-GAMING CAMP 010.0000.4605 DIANA AGRAZ5 08/04/2023 298318 175.00 REFUND JR SCIENCE CAMP ENCANTO 010.0000.4605 DIANA GARCIA6 08/04/2023 298319 288.96 OFFICE SUPPLIES-ENGINEERING CHAIRS 010.4307.5201 AMAZON CAPITAL SERVICES7 08/04/2023 298319 78.65 OFFICE SUPPLIES-SEAT CUSHION 010.4102.5255 AMAZON CAPITAL SERVICES8 08/04/2023 298320 22.94 BAN#9391033180 CITY HALL FAX 010.4145.5403 AT&T9 08/04/2023 298320 22.94 BAN#9391033186 CC MACHINE 010.4145.5403 AT&T10 08/04/2023 298321 200.00 MONTHLY DOT INSPECTION-PW FUEL 010.4305.5303 B & T SVC STN CONTRACTORS, INC11 08/04/2023 298322 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 CARRIE BECERRA12 08/04/2023 298322 106.00 REFUND PARK RENTAL -ELM ST 010.0000.4354 CARRIE BECERRA13 08/04/2023 298323 169.00 REFUND BASKETBALL CAMP 010.0000.4605 GARRETT BERNARD14 08/04/2023 298323 507.00 REFUND BASKETBALL CAMP 010.0000.4605 GARRETT BERNARD15 08/04/2023 298324 57.09 BUSINESS CARDS-INTERIM CITY MANAGER 010.4102.5255 BOONE PRINTING & GRAPHICS INC16 08/04/2023 298325 2,795.50 (10) DRUMS ACCUTABS-RES#2 & 5 640.4712.5274 BRENNTAG PACIFIC INC17 08/04/2023 298325 (160.00) (4) DRUM CREDIT 640.4712.5274 BRENNTAG PACIFIC INC18 08/04/2023 298325 1,121.66 (4) DRUMS SODIUM HYPOCHOL. 640.4712.5274BRENNTAG PACIFIC INC19 08/04/2023 298326 225.00 IDTS CONFERENCE PER DIEM 3 DAYS 010.4209.5501 JEREMY BURNS20 08/04/2023 298327 130.86 PW-38 OIL, FILTERS, LUBE 220.4303.5603 CARQUEST AUTO PARTS21 08/04/2023 298327 174.70 PW-17 BATTERY 010.4420.5601 CARQUEST AUTO PARTS22 08/04/2023 298327 54.84 PW-70 WIPER BLADES 220.4303.5601 CARQUEST AUTO PARTS23 08/04/2023 298327 132.64 PW-12 OIL FILTER, OIL, HYDRAULIC FLUID 220.4303.5603 CARQUEST AUTO PARTS24 08/04/2023 298328 399.98 (2) PRINTER CARTRIDGES 010.4120.5201 CARTRIDGE WORKS INC25 08/04/2023 298329 65.00 07/23 REIMBURSE JIUJITSU 010.4203.5501 JASON CASTILLO26 08/04/2023 298330 40,581.75 CCB PROPORTIONAL OPERATING EXPENSES 640.4710.5314 CENTRAL COAST BLUE RRWA27 08/04/2023 298331 59.73 ACCT#8245100960221923 PW TV 010.4307.5303 CHARTER COMMUNICATIONS28 08/04/2023 298332 555.00 06/23 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF SAN BERNARDINO29 08/04/2023 298333 560.28 OFFICE SUPPLIES-COLOR TONERS 010.4102.5602 COAST TO COAST30 08/04/2023 298334 210.00 REFUND-PM SCIENCE CAMP, LUNCH 010.0000.4605 JOHN COLEMAN31 08/04/2023 298335 215,000.00 RDA TAB BONDS-PRINCIPAL 286.0000.2659 COMPUTERSHARE CORP TRUST32 08/04/2023 298335 86,276.45 RDA TAB BONDS-INTEREST 286.4103.5802 COMPUTERSHARE CORP TRUST33 08/04/2023 298335 (5,745.37) RDA TAB BONDS-FUNDS ON DEPOSIT 286.0000.4301COMPUTERSHARE CORP TRUST34 08/04/2023 298336 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 LINDA COX35 08/04/2023 298337 400.00 06/23 NETBILL MONTHLY MAINT 640.4710.5303 DATAPROSE LLC36 08/04/2023 298337 513.80 06/23 NETBILL CC TRANS 640.4710.5555 DATAPROSE LLC37 08/04/2023 298337 1,689.23 06/23 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLCPage 11 of 561 CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name38 08/04/2023 298337 $ 128.45 06/23 NETBILL CC TRANS 612.4610.5555 DATAPROSE LLC39 08/04/2023 298338 225.00 IDTS CONFERENCE PER DIEM 3 DAY 010.4203.5501 STEPHEN DOHERTY40 08/04/2023 298339 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 DAYSI EARNEST41 08/04/2023 298340 987.34 05/08 & 06/21 SVC CALLS C2-C3 LIGHT POLES 010.4430.5303 ELECTRICRAFT INC42 08/04/2023 298341 724.00 REFUND CIM SUMMER BREAK WK 7,8,9 010.0000.4602 SHAHROUZ EMAN43 08/04/2023 298342 225.00 IDTS CONFERENCE PER DIEM 3 DAY 010.4209.5501 ALEJANDRO ESTRADA44 08/04/2023 298343 711.07 6" FCA W/BLIND FLANGE-WALNUT STREET REPAIR 640.4712.5610 FAMCON PIPE AND SUPPLY INC45 08/04/2023 298344 180.19 COUPLING, BALL VALVE, ADAPTER 010.4430.5605 FARM SUPPLY CO46 08/04/2023 298345 1,334.21 TRASH CAN LINERS 220.4303.5613 FASTENAL COMPANY47 08/04/2023 298346 175.00 REFUND-JR SCIENCE CAMP 010.0000.4605 MICHELLE FIGUEROA48 08/04/2023 298347 246.00 REFUND CIM SUMMER BREAK WK 9 010.0000.4602 LAURA GABRIELSON49 08/04/2023 298348 955.00 REFUND-CIM SUMMER BREAK WK 1,7,8,9 010.0000.4602 DIANA GARCIA50 08/04/2023 298349 163.59 SEWER REIMBURSEMENT DUE 612.0000.4751 CITY OF GROVER BEACH51 08/04/2023 298350 175.00 REFUND-JR SCIENCE CAMP ENCANTO 010.0000.4605 AMELIA GROVER52 08/04/2023 298351 12,682.88 NCMA 2022 ANNUAL REPORT PREPARATION 640.4710.5303 GSI WATER SOLUTIONS53 08/04/2023 298352 2,303.01 PW51 VACTOR REPAIR RODDER 612.4610.5603 HAAKER EQUIPMENT, INC54 08/04/2023 298353 106.08 07/23 PORTABLE TOILET RENTAL 220.4303.5552 HARVEY'S HONEY HUTS55 08/04/2023 298354 366.35 B-3 TRUCK STEPS 010.4213.5601 HEACOCK TRAILERS & TRUCK56 08/04/2023 298355 75.00 06/29 DRE RECERT CLASS PER DIEM 010.4204.5501 BRADLEY HOGAN57 08/04/2023 298356 200.00 REFUND-ART CAMP & ROLLER SKATING CAMP 010.0000.4605 KATE HOXTER58 08/04/2023 298357 575.00 TRAINING/TUITION-IDTS CONFERENCE 010.4209.5501 IACP - INTL ASSN OF CHIEFS59 08/04/2023 298358 115.44 PVC ADAPTER 640.4712.5610 ICONIX WATERWORKS (US) INC60 08/04/2023 298358 673.42 6" FCA W/ BLIND FLANGE & 2" PIPE-WALNUT ST MAIN 640.4712.5610 ICONIX WATERWORKS (US) INC61 08/04/2023 298359 120.00 REFUND-SOCCER CAMP 010.0000.4605 CHRISTINE JIMENEZ62 08/04/2023 298360 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 MARISELA JOHNSON63 08/04/2023 298361 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 SARAH KNAPP64 08/04/2023 298362 175.00 REFUND-JR SCIENCE CAMP ENCANTO 010.0000.4605 JILL LEWIS65 08/04/2023 298363 2,890.00 06/23 PROF LEGAL SVCS 010.4110.5303 LIEBERT, CASSIDY, WHITMORE66 08/04/2023 298363 4,450.00 FY23/24 EMPLOYMENT RELATIONS CONSORTIUM 010.4110.5303 LIEBERT, CASSIDY, WHITMORE67 08/04/2023 298364 3,919.67 WC ASSESSMENT FOR POLICY YRS 02/03 & 03/04 010.4145.5141LOCAL AGENCY WORKERS COMP.68 08/04/2023 298365 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 JAMES LOVE69 08/04/2023 298366 100.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 HILLARY MACCREADY70 08/04/2023 298367 852.12 PW23 TOOLS- DRIVERS, SOCKETS 010.4305.5601 MATCO TOOLS71 08/04/2023 298368 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 JEANNE MCDERMOTT72 08/04/2023 298369 169.00 REFUND-BASKETBALL CAMP 010.0000.4605 SETH MCIVER73 08/04/2023 298370 21.73 (2) HOLE SAWS 640.4712.5273 MINER'S ACE HARDWARE, INC74 08/04/2023 298370 42.62 DUCT TAPE, PAINTERS TAPE 640.4712.5604 MINER'S ACE HARDWARE, INCPage 12 of 561 CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name75 08/04/2023 298370 $ 92.61 GOOF OFF, GRAFFITI REMOVER (4) 010.4420.5605 MINER'S ACE HARDWARE, INC76 08/04/2023 298370 127.11 BATTERY, RECEPTACLE, LED BULB 010.4213.5604 MINER'S ACE HARDWARE, INC77 08/04/2023 298370 30.16 GOOF OFF REMOVER 010.4420.5605 MINER'S ACE HARDWARE, INC78 08/04/2023 298370 10.97 ROLLER COVER & FRAME 220.4303.5613 MINER'S ACE HARDWARE, INC79 08/04/2023 298371 1,000.00 WOMENS CLUB DEPOSIT REFUND 010.0000.2206 MARGOT MIRANDA80 08/04/2023 298372 12,600.00 CITY MANAGER EVALUATION 010.4101.5303 MUNICIPAL RESOURCE GROUP LLC81 08/04/2023 298373 475.00 SOTO FIELD LIGHTING MONITORING 010.4430.5303 MUSCO SPORTS LIGHTING LLC82 08/04/2023 298374 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 SUSAN NEETHLING83 08/04/2023 298375 127.27 MAINT AGREEMENT COPIER METER CHRG 3/28-4/27 010.4204.5602 OFFICE184 08/04/2023 298376 400.00 06/23 SOTO GOPHER CONTROL 010.4430.5605PACIFIC GOPHER CONTROL85 08/04/2023 298376 400.00 07/23 SOTO GOPHER CONTROL 010.4430.5605PACIFIC GOPHER CONTROL86 08/04/2023 298377 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 TINA PATLAN87 08/04/2023 298378 119.95 08/23 WIFI SVC HUBNER SITE 010.4201.5403 PEAKWIFI LLC88 08/04/2023 298379 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 VANESSA PEREZ89 08/04/2023 298380 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 YOLANDA PEREZ90 08/04/2023 298381 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY91 08/04/2023 298381 15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY92 08/04/2023 298381 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY93 08/04/2023 298381 34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY94 08/04/2023 298381 19.14 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY95 08/04/2023 298381 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY96 08/04/2023 298381 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY97 08/04/2023 298381 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY98 08/04/2023 298381 24.13 CITY HALL MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY99 08/04/2023 298381 45.63 WOMEN'S CLUB MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY100 08/04/2023 298381 27.63 PD MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY101 08/04/2023 298381 29.88 REC DEPT MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY102 08/04/2023 298381 24.13 CITY HALL MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY103 08/04/2023 298381 45.63 WOMEN'S CLUB MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY104 08/04/2023 298381 27.63 PD MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY105 08/04/2023 298381 29.88 REC DEPT MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY106 08/04/2023 298381 15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY107 08/04/2023 298381 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY108 08/04/2023 298381 34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY109 08/04/2023 298381 19.14 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY110 08/04/2023 298381 34.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY111 08/04/2023 298381 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLYPage 13 of 561 CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name112 08/04/2023 298381 $ 54.26 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY113 08/04/2023 298381 20.57 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY114 08/04/2023 298381 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY115 08/04/2023 298381 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY116 08/04/2023 298381 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY117 08/04/2023 298381 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY118 08/04/2023 298381 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY119 08/04/2023 298381 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY120 08/04/2023 298381 34.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY121 08/04/2023 298381 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY122 08/04/2023 298381 54.26 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY123 08/04/2023 298381 19.14 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY124 08/04/2023 298381 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY125 08/04/2023 298381 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY126 08/04/2023 298382 1,000.00 08/06/23 SUMMER CONCERT SERIES 010.4421.5504 GERALD D. PURIFY JR127 08/04/2023 298383 484.37 08/23 GRACE LN LANDSCAPE MAINT 216.4460.5304 RAINSCAPE128 08/04/2023 298383 1,201.41 08/23 PARKSIDE LANDSCAPE MAINT 219.4460.5304 RAINSCAPE129 08/04/2023 298384 375.00 PSTC TRAINING PER DIEM -5 DAYS 010.4204.5501 TIMOTHY RAMIREZ130 08/04/2023 298385 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 COREY REYNOLDS131 08/04/2023 298386 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KIMBERLY ROSAS132 08/04/2023 298387 30.00 ADULT SOFTBALL SCORER-7/25 2 GAMES 010.4424.5352 MARTINA SARMIENTO133 08/04/2023 298388 7,200.00 STREET SWEEPING JAN-JUN 2023 220.4303.5303 SCA134 08/04/2023 298388 2,700.00 STREET SWEEPING JAN-JUN 2023 010.4307.5303 SCA135 08/04/2023 298389 180.00 REFUND-SCIENCE CAMP LESS ADMIN 010.0000.4605 DEESHALI SHAH136 08/04/2023 298390 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 KATTIE SHANNON137 08/04/2023 298391 93.44 (10) BURLAP SHEETS 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC138 08/04/2023 298391 538.47 SOLENOID REPAIR KIT, PVC COUPLING 010.4430.5605 SITEONE LANDSCAPE SUPPLY LLC139 08/04/2023 298392 149.00 REFUND-SOCCER CAMP 010.0000.4605 YULIYA SMIRNOV140 08/04/2023 298393 19.10 GAS SERVICES-211 VERNON 010.4145.5401 SOCALGAS141 08/04/2023 298393 16.59 GAS SERVICES-215 E BRANCH 010.4145.5401 SOCALGAS142 08/04/2023 298393 15.78 GAS SERVICES-111 S MASON 010.4145.5401 SOCALGAS143 08/04/2023 298393 16.45 GAS SERVICES-1500 W BRANCH 010.4145.5401 SOCALGAS144 08/04/2023 298394 90.00 BASKETBALL SCOREKEEPER- 7/24 & 7/25 6 GAMES 010.4424.5352 ZACHARY SORIANO145 08/04/2023 298395 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 BECKY SPRINGER146 08/04/2023 298396 247.00 REFUND-CIM SUMMER BREAK WK 8 010.0000.4602 LEONARDO TENDRIH147 08/04/2023 298397 147.19 06/23 COPY MACHINE MAINT-METER 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)148 08/04/2023 298397 128.83 07/23 COPY MACHINE MAINT-METER 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)Page 14 of 561 CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name149 08/04/2023 298398 $ 1,186.66 FY22/23 TICKETS & MEMBERSHIP FEE 640.4710.5503 USA OF N CA & NV150 08/04/2023 298398 419.02 FY23/24 STATE REGULATING COSTS 640.4710.5503 USA OF N CA & NV151 08/04/2023 298399 825.00 STORMWATER MANAGEMENT 010.4301.5303 WALLACE GROUP A CALIF CORP152 08/04/2023 298399 218.75 FATS, OILS AND GREASE PROGRAM 612.4610.5303 WALLACE GROUP A CALIF CORP153 08/04/2023 298399 3,181.25 COMPLETE SSMP & NEW SPILL EMERGENCY PLAN 612.4610.5303 WALLACE GROUP A CALIF CORP154 08/04/2023 298400 1,162.50 NCMA FOR FY 2022/23 STAFF EXTENSION SERVICES 640.4710.5303 WATER SYSTEMS CONSULTING INC155 08/04/2023 298401 5,852.00 GAMING & CODING CAMPS-JULY 010.4424.5351 YOUTH TECH INC.156 08/04/2023 298402 109.72 UB Refund Cst #00028319 640.0000.2301 JOEL ALGRA157 08/04/2023 298403 87.57 UB Refund Cst #00029075 640.0000.2301 CA PROPERTY SERVICES158 08/04/2023 298404 7.22 UB Refund Cst #00028343 640.0000.2301 JESSICA CATALAN159 08/04/2023 298405 33.18 UB Refund Cst #00002857 640.0000.2301 VICKI COGLEY160 08/04/2023 298406 5.87 UB Refund Cst #00028803 640.0000.2301 SARA HAUGHEY161 08/04/2023 298407 33.66 UB Refund Cst #00000342 640.0000.2301 MARCIE & JEFF MERKSAMER162 08/04/2023 298408 185.58 UB Refund Cst #00028990 640.0000.2301 PATRICIA CLAIRE NEWLANDER163 08/04/2023 298409 24.75 UB Refund Cst #00028622 640.0000.2301 STEVEN & JACQUELINE ZIEMBA164 08/04/2023 298410 225.00 ABC GRANT CONFERENCE PER DIEM 010.4203.5501 GREGORY PIERCE165 08/09/2023 298411 4,329.52 POSTAGE FOR FALL 2023 ACTIVITY 010.4421.5504 US POSTMASTER166 08/09/2023 298412 183.88 SOCIAL SECURITY 011.0000.2105 CITY OF ARROYO GRANDE167 08/09/2023 298412 43.00 MEDICARE 011.0000.2105 CITY OF ARROYO GRANDE168 08/09/2023 298412 145.26 FEDERAL WITHHOLDING 011.0000.2104 CITY OF ARROYO GRANDE169 08/09/2023 298413 33.04 STATE PIT 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT170 08/09/2023 298413 13.35 STATE SDI CONTRIBUTION 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT171 08/09/2023 298414 7,970.56 DENTAL INSURANCE: Payment 011.0000.2110 DELTA DENTAL172 08/09/2023 298414 2,222.56 DENTAL INSURANCE: RETIREES 010.4099.5132 DELTA DENTAL173 08/09/2023 298415 2,431.32 HMO ANTHEM TRADITIONAL - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED174 08/09/2023 298415 4,200.00 PORAC MED INSURANCE: Payment 011.0000.2109 PERS - ACTIVE MED175 08/09/2023 298415 12,944.34 PPO PERS GOLD - MANAGEMENT: Payment 011.0000.2109 PERS - ACTIVE MED176 08/09/2023 298415 18,492.73 PPO PERS GOLD - POLICE: Payment 011.0000.2109 PERS - ACTIVE MED177 08/09/2023 298415 15,310.52 PPO PERS GOLD - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED178 08/09/2023 298415 1,977.86 BLUE SHIELD TRIO HMO - MGMT: Payment 011.0000.2109 PERS - ACTIVE MED179 08/09/2023 298415 1,977.86 BLUE SHIELD TRIO HMO - POLICE: Payment 011.0000.2109 PERS - ACTIVE MED180 08/09/2023 298415 18,412.24 HMO-UNITED HEALTHCARE-MGMT: Payment 011.0000.2109 PERS - ACTIVE MED181 08/09/2023 298415 8,095.06 HMO UNITED HEALTHCARE-POLICE: Payment 011.0000.2109 PERS - ACTIVE MED182 08/09/2023 298415 18,729.70 HMO UNITED HEALTHCARE-SEIU: Payment 011.0000.2109 PERS - ACTIVE MED183 08/09/2023 298415 1,977.86 BLUE SHIELD TRIO HMO - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED184 08/09/2023 298415 1,809.42 PERS GOLD - FIRE MANAGEMENT: Payment 011.0000.2109 PERS - ACTIVE MED185 08/09/2023 298415 4,668.08 PPO PERS PLATINUM - FIRE: Payment 011.0000.2109 PERS - ACTIVE MEDPage 15 of 561 CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name186 08/09/2023 298415 $ 11,830.84 PPO PERS GOLD - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED187 08/09/2023 298415 1,521.44 BLUE SHIELD TRIO HMO - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED188 08/09/2023 298415 7,777.58 HMO UNITED HEALTHCARE-FIRE: Payment 011.0000.2109 PERS - ACTIVE MED189 08/09/2023 298415 6,190.32 HMO-UNITED HEALTH FIRE-MGMT: Payment 011.0000.2109 PERS - ACTIVE MED190 08/09/2023 298415 328.44 ACTIVE HEALTH ADMIN FEE 010.4145.5131 PERS - ACTIVE MED191 08/09/2023 298415 106.52 ACTIVE FIRE HEALTH ADMIN FEE 010.0000.1111 PERS - ACTIVE MED192 08/09/2023 298415 6,595.76 RETIREE HEALTH INSURANCE 010.4099.5136 PERS - ACTIVE MED193 08/09/2023 298415 769.74 RETIREE HEALTH INSURANCE 010.0000.1111 PERS - ACTIVE MED194 08/09/2023 298415 610.73 RETIREE HEALTH INSURANCE 220.4303.5136 PERS - ACTIVE MED195 08/09/2023 298415 (1,233.88) INSURANCE ADJUSTMENT 011.0000.2109 PERS - ACTIVE MED196 08/09/2023 298416 39,962.86 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT197 08/09/2023 298416 55,198.49 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT198 08/09/2023 298416 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT199 08/09/2023 298416 1,210.52 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT200 08/09/2023 298416 (1,722.25) INSURANCE ADJUSTMENT 011.0000.2106 PERS - RETIREMENT201 08/09/2023 298417 169,791.00 UNFUND. LIAB. ANNUAL LUMP SUM 010.0000.1111 PERS - RETIREMENT202 08/09/2023 298417 1,241,856.51 UNFUND. LIAB. ANNUAL LUMP SUM 010.4145.5128 PERS - RETIREMENT203 08/09/2023 298417 73,926.94 UNFUND. LIAB. ANNUAL LUMP SUM 220.4303.5128 PERS - RETIREMENT204 08/09/2023 298417 52,639.07 UNFUND. LIAB. ANNUAL LUMP SUM 612.4610.5128 PERS - RETIREMENT205 08/09/2023 298417 15,095.03 UNFUND. LIAB. ANNUAL LUMP SUM 640.4710.5128 PERS - RETIREMENT206 08/09/2023 298417 12,772.72 UNFUND. LIAB. ANNUAL LUMP SUM 640.4710.5128 PERS - RETIREMENT207 08/09/2023 298417 76,055.73 UNFUND. LIAB. ANNUAL LUMP SUM 640.4710.5128 PERS - RETIREMENT208 08/09/2023 298418 994.32 STANDARD INSURANCE COMPANY: Payment 011.0000.2113 STANDARD INSURANCE CO209 08/09/2023 298418 484.84 STANDARD INSURANCE COMPANY: Payment 011.0000.2113 STANDARD INSURANCE CO210 08/09/2023 298418 23.50 STANDARD LIFE TAXABLE DEDUCT: Payment 011.0000.2113 STANDARD INSURANCE CO211 08/09/2023 298418 1,843.62 STANDARD LTD/STD INSURANCE: Payment 011.0000.2113 STANDARD INSURANCE CO212 08/09/2023 298418 (137.87) INSURANCE ADJUSTMENT 011.0000.2113 STANDARD INSURANCE CO213 08/09/2023 298419 2,162.63 VISION CARE INSURANCE: Payment 011.0000.2119 VISION SERVICE PLAN214 08/09/2023 298419 615.78 VISION CARE INSURANCE-RETIREES 010.4099.5133 VISION SERVICE PLAN215 08/11/2023 298420 1,000.00 08/13 SUMMER CONCERT SERIES SOUND 010.4421.5504 ADEPT EVENTS LLC216 08/11/2023 298421 1,722.18 FCFA STN 1-REPAIR UPSTAIRS A/C 010.4213.5303 ALPINE REFRIGERATION217 08/11/2023 298422 1,043.68 PURCHASE WATER METERS FOR FY 22/23 640.4712.5207 AQUA-METRIC SALES CO(DBA)218 08/11/2023 298423 520.00 07/23 VILLAGE WATERING 010.4420.5605 ARROYO GRANDE IN BLOOM INC219 08/11/2023 298424 4,147.50 PURCHASING POLICY UPDATE 010.4120.5303 BAKER TILLY US LLP220 08/11/2023 298425 60.00 BUSINESS & CAREER CLASSES 6/21 010.4424.5351 JAMIE BECK221 08/11/2023 298426 500.00 07/23 PD JANITORIAL SVC 010.4201.5615 BRENDLER JANITORIAL SERVICE222 08/11/2023 298426 125.00 07/23 PD JANITORIAL SVC 010.4213.5615 BRENDLER JANITORIAL SERVICEPage 16 of 561 CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name223 08/11/2023 298426 $ 725.00 07/23 REC DEPT JANITORIAL SVC 010.4213.5615 BRENDLER JANITORIAL SERVICE224 08/11/2023 298426 285.00 07/23 WOMENS CLUB JANITORIAL S 010.4213.5615 BRENDLER JANITORIAL SERVICE225 08/11/2023 298426 300.00 07/23 WOMENS CLUB CLEANING 7/8 010.4213.5615 BRENDLER JANITORIAL SERVICE226 08/11/2023 298427 144.00 PEST CONTROL-FCFA 010.4213.5303 BREZDEN PEST CONTROL, INC227 08/11/2023 298427 103.00 PEST CONTROL: WOMEN'S CLUB 010.4213.5303BREZDEN PEST CONTROL, INC228 08/11/2023 298427 135.00 PEST CONTROL: CITY HALL 010.4213.5303 BREZDEN PEST CONTROL, INC229 08/11/2023 298428 11.84 FAST SET CONCRETE 220.4303.5613 BRISCO MILL & LUMBER YARD230 08/11/2023 298428 6.62 PVC FITTINGS 640.4712.5610 BRISCO MILL & LUMBER YARD231 08/11/2023 298428 55.79 HOSE TIMER, BATTERIES 010.4420.5605 BRISCO MILL & LUMBER YARD232 08/11/2023 298428 32.26 PAINT PENS (6) 640.4712.5255 BRISCO MILL & LUMBER YARD233 08/11/2023 298428 21.51 PAINT PENS (4) 640.4712.5255 BRISCO MILL & LUMBER YARD234 08/11/2023 298428 39.86 CELL PHONE MOUNT 640.4712.5255 BRISCO MILL & LUMBER YARD235 08/11/2023 298428 44.75 FIRE HYDRANT MAINT SUPPLIES 640.4712.5610 BRISCO MILL & LUMBER YARD236 08/11/2023 298428 96.96 WIRE FOR RES. LEVEL TARGET 640.4712.5609 BRISCO MILL & LUMBER YARD237 08/11/2023 298428 41.95 HYDRANT SUPPLIES-INTERNS 640.4712.5610 BRISCO MILL & LUMBER YARD238 08/11/2023 298429 1,000.00 EMERGENCY REMOVAL TREE ON GRAND 010.4420.5303 BUNYON BROS TREE SERVICE239 08/11/2023 298430 324.08 SSMP PRINTING, BINDING 612.4610.5306 BURDINE PRINTING (DBA)240 08/11/2023 298431 42.88 (4) 50# BAGS QUIKCRETE 220.4303.5613 BURKE AND PACE OF AG, INC241 08/11/2023 298432 56.66 PW-1 FILTERS 220.4303.5603 CARQUEST AUTO PARTS242 08/11/2023 298433 1,027.60 07/23 SR FITNESS & WRITING FROM LIFE 010.4424.5351 GAYLE CUDDY243 08/11/2023 298434 137.55 07/23 LINE DANCING-50% 010.4424.5351 ZOE DASCALOS244 08/11/2023 298435 339.20 07/23 ROLLER SKATE CLASSES 010.4424.5351 DOOMSDAY SKATE LLC245 08/11/2023 298436 12,164.45 FY23/24 ESCRIBE ACCESSIBILITY 010.4140.5303 ESCRIBE SOFTWARE LTD246 08/11/2023 298437 1,813.00 07/23 BRIDGE GAMES & CLASSES 010.4424.5351 FIVE CITIES DUPLICATE BRIDGE247 08/11/2023 298438 952.01 NEEDLE ARTS-SOCKS AROUND THE WORLD 010.4424.5351 ELIZABETH FRYER248 08/11/2023 298439 847.00 SERGER SEWING SUMMER SESSIONS 010.4424.5351 MARY JO GABEL249 08/11/2023 298440 820.35 PW-51 VACTOR DEBRS HOSE 612.4610.5603 HAAKER EQUIPMENT, INC250 08/11/2023 298441 695.00 ACFR STATISTICAL RPT PKG FY22/23 010.4120.5303 HDL COREN & CONE251 08/11/2023 298442 165.24 08/23 AETNA RESOURCES-EAP 010.4145.5147 HEALTH AND HUMAN RESOURCE CTR252 08/11/2023 298442 41.31 08/23 AETNA RESOURCES-EAP 010.0000.1111 HEALTH AND HUMAN RESOURCE CTR253 08/11/2023 298443 216.56 1' CUTTER FOR TAP MACHINE 640.4712.5603 ICONIX WATERWORKS (US) INC254 08/11/2023 298444 1,173.00 REFUND PPR23-002 APPLICATION WITHDRAWN 010.0000.4510 RACHEL JANAI255 08/11/2023 298445 184.00 CK CIRCUITS ON BRANCH ST, REPLACE GFI 010.4213.5303 JD ELECTRIC256 08/11/2023 298446 137.55 07/23 LINE DANCING-50% 010.4424.5351 KAYLYN KELLER257 08/11/2023 298447 706.77 (10) 5 GALL FIELD MARKING PAINT 010.4430.5274 KELLY-MOORE PAINTS258 08/11/2023 298448 90.00 BASKETBALL SCORER- 6 GAMES X $15 010.4424.5352 JHADE LA PAZ259 08/11/2023 298449 759.50 07/23 ART CAMPS 010.4424.5351 LYNNE LANEPage 17 of 561 CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name260 08/11/2023 298450 $ 180.35 NUTS, WASHERS, SCREWS, COTTER PINS 010.4305.5255 LAWSON PRODUCTS, INC261 08/11/2023 298451 630.00 05/23 OCC FACILITY USE-ZUMBA & BARRE 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST262 08/11/2023 298451 79.00 06/23 AGHS WRESTLING ROOM USE 010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST263 08/11/2023 298451 711.00 05/23 AGHS WRESTLING ROOM USE 010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST264 08/11/2023 298451 1,290.00 05/23 OCC FACILITY USE-BASKETBALL 010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST265 08/11/2023 298452 273,970.50 2023 FAIR OAKS WATER MAIN REPLACEMENT 640.5973.7001 MAIN LINE ENGINEERING CONSTRTN266 08/11/2023 298453 495.65 WEED BARRIER 12'x250' 010.4420.5605 MIER BROS LANDSCAPE PRODUCTS267 08/11/2023 298453 140.08 BROWN BARK- 2 CU YDS 010.4420.5605 MIER BROS LANDSCAPE PRODUCTS268 08/11/2023 298453 140.08 BROWN WOODCHIPS-2 CU YDS 010.4420.5605 MIER BROS LANDSCAPE PRODUCTS269 08/11/2023 298454 4,640.00 07/23 SCIENCE IN MOTION CAMPS 010.4424.5351 MINDS IN MOTION OF NJ LLC270 08/11/2023 298455 47.39 (2) EXHANGE PROPANE TANK 220.4303.5613 MINER'S ACE HARDWARE, INC271 08/11/2023 298455 175.19 PAINT, BRUSH, CEMENT ANCHOR 010.4213.5604 MINER'S ACE HARDWARE, INC272 08/11/2023 298455 10.85 SOTO-STEEL RINGS 010.4430.5605 MINER'S ACE HARDWARE, INC273 08/11/2023 298455 36.58 DISH SOAP, CLEANING CLOTHS 010.4213.5604 MINER'S ACE HARDWARE, INC274 08/11/2023 298455 18.31 BATTERIES 220.4303.5255 MINER'S ACE HARDWARE, INC275 08/11/2023 298456 112.06 TRUCK MATS 010.4213.5601 MULLAHEY FORD276 08/11/2023 298456 78,432.70 2023 FORD F250- B-3 REPLACEMENT 010.4213.6301 MULLAHEY FORD277 08/11/2023 298457 360.00 07/23 YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON278 08/11/2023 298458 160.47 EDGER BLADES, TRIMMER LINE 010.4420.5605 NOBLE SAW, INC279 08/11/2023 298458 42.93 (12) 2.5 GALL RED ARMOR OIL 220.4303.5603 NOBLE SAW, INC280 08/11/2023 298459 3,742.50 CITY MOBILE APP DEVELOPMENT-50 010.4002.5303 OCV LLC281 08/11/2023 298460 450.00 RES#5 PEST CONTROL 640.4712.5604 PACIFIC GOPHER CONTROL282 08/11/2023 298461 1,000.00 08/13 SUMMER CONCERT SERIES BA 010.4421.5504 JEFFREY W. PIENACK283 08/11/2023 298462 362.53 PW-51 FILL HOSE 612.4610.5610 PLUMBERS DEPOT INC.284 08/11/2023 298463 15.13 REIMBURSE-JULY 4TH FACEBOOK AD 010.4421.5504 KELLY REYNOLDS285 08/11/2023 298464 3,331.20 SUMMER 2023 TENNIS CAMPS 010.4424.5351 PATIENCE SMITH SANTOS286 08/11/2023 298465 60.00 ADULT SOFTBALL SCORER-4 GAMES 010.4424.5352 MARTINA SARMIENTO287 08/11/2023 298465 40.00 $2/HR INCREASE EFFECTIVE 06/25 010.4424.5352 MARTINA SARMIENTO288 08/11/2023 298466 1,025.55 MODIFIED PERMIT #510-3, NEW FUEL MANAGEMENT 010.4305.5303 SLO COUNTY AIR POLLUTION289 08/11/2023 298467 50.00 FILING FEE-NOTICE OF EXEMPTION 010.4002.5201 SLO COUNTY CLERK-RECORDER290 08/11/2023 298468 90.00 07/18 AD FOR E-FLYER 010.4421.5504 SOUTH COUNTY CHAMBERS291 08/11/2023 298469 202.38 DUMPSTERS -RANCHO GRANDE PARK 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC292 08/11/2023 298469 310.86 DUMPSTERS -FCFA 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC293 08/11/2023 298469 202.38 DUMPSTERS -STROTHER PARK 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC294 08/11/2023 298469 159.08 DUMPSTERS -PD 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC295 08/11/2023 298469 101.19 DUMPSTERS -PW RECYCLE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC296 08/11/2023 298469 5.07 DUMPSTERS -COMM GARDEN 010.4213.5303 SOUTH COUNTY SANITARY SVC, INCPage 18 of 561 CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2023ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name297 08/11/2023 298469 $ 87.62 CITY HALL TRASH & RECYCLE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC298 08/11/2023 298470 123.80 SIGNS-CROWN HILL, PAULDING HOUSE 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS299 08/11/2023 298470 458.27 (3) 5 GALL ROADMAX PAINT 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS300 08/11/2023 298471 28.05 CONCRETE RECYCLING 220.4303.5613 TROESH RECYCLING, INC301 08/11/2023 298472 803.78 RES 3 & 6 CHEMICAL FEED PUMP 640.4712.5609 USA BLUE BOOK302 08/11/2023 298473 2,190.00 FEE STUDY SERVICES - USER, DIF & CAP 010.4120.5303 WILLDAN FINANCIAL SERVICES303 08/11/2023 298474 4,729.90 07/23 SOCCER & BASKETBALL CAMP 010.4424.5351 YOUTH EVOLUTION BASKETBALL304 08/11/2023 298475 2,292.50 GAMING & CODING CAMPS- 7/31 010.4424.5351 YOUTH TECH INC.305 08/11/2023 298476 66,202.14 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE306 08/11/2023 298476 57,917.28 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE307 08/11/2023 298476 15,556.10 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE308 08/11/2023 298478 1,872.75 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT309 08/11/2023 298478 25,662.39 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT310 08/11/2023 298479 170.30 DEPT OF CHILD SUPPORT SERVICES 011.0000.2114 CA STATE DISBURSEMENT UNIT311 08/11/2023 298480 3,576.40 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP312 08/11/2023 298480 11,351.99 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP313 08/11/2023 298480 4,416.66 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP314 08/11/2023 298480 500.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP315 08/11/2023 298480 183.18 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP316 08/11/2023 298481 40,451.36 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT317 08/11/2023 298481 54,168.24 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT318 08/11/2023 298481 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT319 08/11/2023 298481 1,298.67 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT320 08/11/2023 298481 (0.08) ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT321 08/11/2023 298482 2,137.65 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA $ 3,039,974.62 Page 19 of 561 ATTACHMENT 2 . General Fund 456,487.61 5101 Salaries Full time 228,140.55 Streets Fund 20,768.90 5101 Volunteer Employee Retirement - Sewer Fund 10,165.57 5102 Salaries Part-Time - PPT 6,083.59 Water Fund 22,778.20 5103 Salaries Part-Time - TPT 26,599.25 510,200.28 5105 Salaries OverTime 18,510.58 5106 Salaries Strike Team OT - 5107 Salaries Standby 1,740.50 5108 Holiday Pay 7,477.16 5109 Sick Pay 4,719.55 Administrative Services - 5110 Annual Leave Buyback - Information Services - 5111 Vacation Buyback - Community Development - 5112 Sick Leave Buyback - Police 16,033.41 5113 Vacation Pay 24,294.39 Public Works - Maintenance 1,254.95 5114 Comp Pay 4,244.93 Public Works - Enterprise 1,222.22 5115 Annual Leave Pay 14,004.87 Recreation - Administration - 5116 Salaries - Police FTO - Recreation - Special Events - 5121 PERS Retirement 36,837.47 Children In Motion - 5122 Social Security 25,878.40 18,510.58 5123 PARS Retirement 427.54 5126 State Disability Ins. 953.10 5127 Deferred Compensation 4,291.66 5131 Health Insurance 50,753.61 5132 Dental Insurance 2,988.96 5133 Vision Insurance 827.30 5134 Life Insurance 350.45 5135 Long Term Disability 447.85 5137 Leave Payouts 48,231.45 5142 Unemployment Insurance - 5143 Uniform Allowance - 5144 Car Allowance 837.50 5146 Council Expense - 5147 Employee Assistance - 5148 Boot Allowance - 5149 Motor Pay 222.12 5150 Bi-Lingual Pay 150.00 5151 Cell Phone Allowance 1,187.50 510,200.28 OVERTIME BY DEPARTMENT: CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 07/21/2023 - 08/03/2023 8/11/2023 BY FUND BY ACCOUNT Page 20 of 561 Item 9.b. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager SUBJECT: Consideration of Statement of Investment Deposits DATE: September 12, 2023 SUMMARY OF ACTION: Presentation of the City’s investment deposits as of July 31, 2023. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no funding impact to the City related to these reports. However, the City does receive interest revenue based on the interest rate of the investments. No or minimal future staff time is projected. RECOMMENDATION: 1) Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of July 31, 2023, as required by Government Code Section 53646(b); 2) Determine that receiving the report of investment deposits is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) BACKGROUND: The Administrative Services department has historically submitted to the City Council a monthly report, providing the following information: 1. Type of investment. 2. Financial institution (bank, savings and loan, broker, etc). 3. Date of maturity. 4. Principal amount. 5. Rate of interest. 6. Current market value for all securities having a maturity of more than 12 months. 7. Relationship of the monthly report to the annual statement of investment policy. Page 21 of 561 City Council Consideration of Statement of Investment Deposits September 12, 2023 Page 2 Item 9.b. ANALYSIS OF ISSUES: This report represents the City’s investments as of July 31, 2023. It includes all investments managed by the City, the investment institution, investment type, book value, maturity date, and rate of interest. As of July 31, 2023, the investment portfolio was in compliance with all State laws and the City’s investment policy. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve staff’s recommendation to receive and file the attached report listi ng the investment deposits; 2. Do not approve staff’s recommendation; or 3. Provide other direction to staff. ADVANTAGES: Safety of principal is the foremost objective of the City. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. DISADVANTAGES: Some level of risk is present in any investment transaction. Losses could be incurred due to market price changes, technical cash flow complications such as the need to withdraw a non-negotiable Time Certificate of Deposit early, or even the default of an issuer. To minimize such risks, diversifications of the investment portfolio by institution and by investment instruments are being used as much as is practical and prudent. ENVIRONMENTAL REVIEW: The Statement of Investment Deposits is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)” PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Portfolio Summary: July 31, 2023 Page 22 of 561 ATTACHMENT 1300 E. Branch St.Arroyo Grande, CA 93420Phone: (805) 473-5400CITY OF ARROYO GRANDEPortfolio SummaryJuly 31, 2023Investments Principal ValueCurrent Market Value Interest Rate Date of PurchaseTerm Maturity Date% of PortfolioLocal Agency Investment Fund15,490,065.27$ 15,490,065.27$ 3.305% 48.542%Certificates of DepositPacific Premier Bank 249,000.00 249,000.00 0.100% February 21, 2023 12 mos February 21, 2024 0.780%Merrick Bank 249,000.00 249,000.00 1.800% October 16, 2019 48 mos October 16, 2023 0.780%BMW Bank North America 249,000.00 249,000.00 0.500% July 16, 2021 36 mos July 16, 2024 0.780%Mountain America Federal Credit Union 249,000.00 249,000.00 4.750% October 14, 2022 24 mos October 15, 2024 0.780%Enerbank USA 247,000.00 247,000.00 1.850% October 25, 2019 60 mos October 25, 2024 0.774%Wells Fargo Bank 249,000.00 249,000.00 4.600% October 28, 2022 24 mos October 28, 2024 0.780%Beal Bk Plano TX 247,000.00 247,000.00 1.350% March 26, 2022 36 mos March 26, 2025 0.774%Beal Bk Las Vegas NV 247,000.00 247,000.00 1.250% March 26, 2022 36 mos March 26, 2025 0.774%First Technology Federal 248,000.00 248,000.00 5.000% April 14, 2023 24 mos April 14, 2025 0.778%Flagstar Bank 245,000.00 245,000.00 0.850% May 15, 2020 60 mos May 15, 2025 0.768%American Express National Bank 246,000.00 246,000.00 3.100% May 25, 2022 36 mos May 25, 2025 0.771%New York Community Bank 249,000.00 249,000.00 0.550% July 1, 2021 48 mos July 1, 2025 0.780%Chief Financial Federal Credit Union 249,000.00 249,000.00 4.600% October 12, 2022 36 mos October 14, 2025 0.780%Live Oak Bank 249,000.00 249,000.00 3.150% May 25, 2022 48 mos May 26, 2026 0.780%UBS Bank USA 249,000.00 249,000.00 0.900% July 21, 2021 60 mos July 21, 2026 0.780%Toyota Financial Savings Bank 248,000.00 248,000.00 0.950% July 22, 2021 60 mos July 22, 2026 0.778%Bank United NA 249,000.00 249,000.00 1.350% December 8, 2021 60 mos December 8, 2026 0.780%Capital One Bank USA 248,000.00 248,000.00 1.250% December 8, 2021 60 mos December 8, 2026 0.778%Discover Bank 246,000.00 246,000.00 3.200% May 18, 2022 60 mos May 19, 2027 0.771%Morgan Stanley Bank 244,000.00 244,000.00 4.650% April 6, 2023 60 mos April 6, 2028 0.765%Maine Savings Federal Credit Union 249,000.00 249,000.00 4.800% July 21, 2023 60 mos July 21, 2028 0.780%Morgan Stanley Bank 248,000.00 248,000.00 5.250% July 28, 2023 60 mos July 28, 2028 0.778%Total Certificates of Deposit5,453,000.00 5,453,000.00 17.089%Agency BondsFederal Farm Credit Bank 2,500,000.00 2,475,578.30 1.600% November 1, 2019 48 mos November 1, 2023 7.834%Federal Farm Credit Bank 1,999,314.00 1,918,260.02 0.350% December 4, 2020 42 mos May 16, 2024 6.265%Federal Home Loan Bank 499,252.43 495,159.55 1.000% July 19, 2022 29 mos December 20, 2024 1.565%Federal Farm Credit Bank 998,431.00 927,818.51 0.430% March 17, 2021 48 mos March 3, 2025 3.129%Federal Natl Mortgage Assn 1,000,000.00 907,360.91 0.500% October 20, 2020 60 mos October 20, 2025 3.134%Federal Home Loan Bank 999,500.00 900,632.18 0.800% March 17, 2021 60 mos March 10, 2026 3.132%Federal Home Loan Bank 994,396.00 924,142.40 2.400% March 17, 2021 72 mos March 29, 2027 3.116%Federal Home Loan Bank 500,000.00 475,681.70 3.375% May 17, 2022 60 mos May 17, 2027 1.567%Total Agency Bonds9,490,893.43 9,024,633.57 29.742%Page 23 of 561 ATTACHMENT 1300 E. Branch St.Arroyo Grande, CA 93420Phone: (805) 473-5400CITY OF ARROYO GRANDEPortfolio SummaryJuly 31, 2023Investments Principal ValueCurrent Market Value Interest Rate Date of PurchaseTerm Maturity Date% of PortfolioMunicipal BondsCalifornia State GO Various Purp Bond 491,810.00$ 473,535.00$ 3.100% May 12, 2022 47 mos April 1, 2026 1.541%Total Municipal Bonds491,810.00 473,535.00 1.541%Treasury ObligationsU.S. Treasury Z-2026 Series 984,728.00 899,062.50 1.100% December 6, 2021 53 mos May 31, 2026 3.086%Total Treasury Obligations984,728.00 899,062.50 3.086%TOTAL INVESTMENTS31,910,496.70$ 31,340,296.34$ 100.000%Page 24 of 561 Item 9.c. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director Tashina Ureno, Human Resources Officer SUBJECT: Consideration of Memorandum of Understanding with the Arroyo Grande Police Officers’ Association DATE: September 12, 2023 SUMMARY OF ACTION: Entering into a new Memorandum of Understanding (MOU) with the Arroyo Grande Police Officers’ Association (AGPOA) will provide equity adjustments, establish the wages, hours and other working conditions for employees represented by the bargaining group for Fiscal Years 2023-24 through 2026-27 (3 years). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Total costs over the three-year contract period are approximately $928,850 total compensation for the represented group. The FY 2023-24 total estimated cost is $328,225 and is included in the fiscal year budget. The FY 2024-25 budget will be amended to reflect the additional change during the mid -cycle budget review in June 2024. Approval of the three-year MOU will result in significant savings in staff time and consultant services compared with negotiating annually. RECOMMENDATION: 1) Adopt a Resolution approving the proposed MOU with the AGPOA for Fiscal Years 2023-24 through 2026-27; 2) Determine 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.). BACKGROUND: The prior AGPOA MOU contract was for the period July 1, 2021, through June 30, 2024. The existing AGPOA MOU will expire on June 30, 2024. The City completed a Salary Survey that showed that all positions within the AGPOA classifications were under the median when compared to neighboring agencies. The City reached out to AGPOA to Page 25 of 561 Item 9.c. City Council Consideration of Memorandum of Understanding with the Arroyo Grande Police Officers’ Association September 12, 2023 Page 2 address these discrepancies in June 2023 and negotiations have been under way for the past several months for a successor MOU. The terms of the proposed MOU were voted on and approved by the AGPOA’s membership on Friday, August 18, 2023. On June 27, 2023, Council approved the most current salary schedule that addressed contracted cost of living adjustments (COLA) for FY 2023 -24. ANALYSIS OF ISSUES: Substantive changes to the AGPOA salary and benefits recommended in the successor MOU include the following:  Equity Adjustment for sworn positions: o Police Officer 12.5% o Senior Police 12.5% o Police Sergeant 15%  Equity Adjustment for all non-sworn positions at 3%  All employees will receive a 3.5% salary increase each fiscal year (FY 2024-25, FY 2025-26, and FY 2026-27).  The City will adjust the cafeteria plan amount to pay 50% of the increase in the cost of the lowest cost HMO medical plan available to the City up to a maximum of a 5% increase in premiums for City's contribution each year. This provision is consistent with the prior MOU.  City to provide State Disability Insurance (SDI) – the City will pay the 1% SDI contribution on behalf of sworn members.  Adjust the holiday schedule to remove Lincoln’s birthday and add Juneteenth as a holiday on June 19th of each year or following workday if June 19th lands on a weekend. Salary and other compensation adjustments will become effective on September 15, 2023, which is the first day of the first full pay period after this Council meeting. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution approving the proposed AGPOA MOU; 2. Do not adopt the Resolution; or 3. Provide other direction to staff. ADVANTAGES: Approval of the MOU will help maintain competitive salaries and benefits for employees. DISADVANTAGES: The recommendation will increase costs to current and future budgets. Page 26 of 561 Item 9.c. City Council Consideration of Memorandum of Understanding with the Arroyo Grande Police Officers’ Association September 12, 2023 Page 3 ENVIRONMENTAL REVIEW: Approval of the 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.) 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 – Memorandum of Understanding between Arroyo Grande Police Officers’ Association and City of Arroyo Grande Page 27 of 561 ATTACHMENT 1 RESOLUTION NO. 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 WHEREAS, the City Council deems it to be in the best interest of the City of Arroyo Grande and its employees represented by the Arroyo Grande Police Officers’ Association that compensation be fixed for all full-time non-management employees as herein provided; and WHEREAS, the City has established compensation and working conditions through the meet and confer process with the designated employee representatives as set forth in Exhibit “A”; entitled Memorandum of Understanding between the City of Arroyo Grande and the Arroyo Grande Police Officers’ Association (“POA MOU”), a copy of which is attached hereto and incorporated herein by this reference. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that the POA MOU is hereby approved. This Resolution shall be effective as of September 12, 2023. BE IT FURTHER RESOLVED that this Resolution shall repeal those sections of Resolution No. 5094, which established salary and benefits for full-time employees represented by the Arroyo Grande Police Officers’ Association. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 12th day of September, 2023. Page 28 of 561 RESOLUTION NO. PAGE 2 ______________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ______________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: _______________________________________ BILL ROBESON, INTERIM CITY MANAGER APPROVED TO AS FORM: _______________________________________ ISAAC ROSEN, CITY ATTORNEY Page 29 of 561 2023/24 – 2026/27 (Three Year) MEMORANDUM OF UNDERSTANDING BETWEEN ARROYO GRANDE POLICE OFFICERS' ASSOCIATION AND CITY OF ARROYO GRANDE EXHIBIT A Page 30 of 561 2023/24 – 2026/27 AGPOA/CITY OF ARROYO GRANDE MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE 1: TERM OF MEMORANDUM ............................................................ 1 ARTICLE 2: SALARY SCHEDULES .................................................................. 1 ARTICLE 3: APPLICATION OF SALARY STEPS ............................................. 2 ARTICLE 4: ADVANCEMENT IN PAY ............................................................... 2 ARTICLE 5: SPECIALTY PAY ............................................................................ 3 ARTICLE 6: LONGEVITY PERFORMANCE STIPEND……………………………4 ARTICLE 7: VACATION LEAVE ........................................................................ 4 ARTICLE 8: HOLIDAY LEAVE ........................................................................... 6 ARTICLE 9: SICK LEAVE................................................................................... 7 ARTICLE 10: BEREAVEMENT LEAVE ................................................................ 7 ARTICLE 11: FAMILY LEAVE .............................................................................. 8 ARTICLE 12: MILITARY LEAVE .......................................................................... 8 ARTICLE 13: EDUCATIONAL PAY ...................................................................... 9 ARTICLE 14: MEDICAL LEAVE ........................................................................... 9 ARTICLE 15: EMERGENCY LEAVE .................................................................... 9 ARTICLE 16: JURY DUTY .................................................................................. 10 ARTICLE 17: HOURS OF WORK AND OVERTIME .......................................... 10 ARTICLE 18: CALLBACK PAY .......................................................................... 11 ARTICLE 19: UNIFORMS AND EQUIPMENT .................................................... 11 Page 31 of 561 2023/24 – 2026/27 AGPOA/CITY OF ARROYO GRANDE MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS (continued) ARTICLE 20: MEDICAL INSURANCE ............................................................... 11 ARTICLE 21: CAFETERIA PLAN ....................................................................... 11 ARTICLE 22: DENTAL PLAN ............................................................................. 13 ARTICLE 23: LIFE INSURANCE ........................................................................ 13 ARTICLE 24: VISION INSURANCE .................................................................... 13 ARTICLE 25: DISABILITY INSURANCE ............................................................ 13 ARTICLE 26: RETIREMENT ............................................................................... 13 ARTICLE 27: RETIREMENT BENEFITS ............................................................ 14 ARTICLE 28: EDUCATION ................................................................................. 16 ARTICLE 29: NIGHT DIFFERENTIAL PAY ........................................................ 17 ARTICLE 30: STANDBY STATUS ..................................................................... 17 ARTICLE 31: PAYCHECKS................................................................................ 18 ARTICLE 32: PAYROLL DEDUCTIONS ............................................................ 18 ARTICLE 33: ANNIVERSARY DATES ............................................................... 18 ARTICLE 34: USE OF PRIVATE VEHICLE/ MILEAGE RATE ........................... 18 ARTICLE 35: PERSONNEL FILES ..................................................................... 19 ARTICLE 36: PROBATIONARY PERIOD .......................................................... 19 ARTICLE 37: RESIGNATION ............................................................................. 19 Page 32 of 561 2023/24 – 2026/27 AGPOA/CITY OF ARROYO GRANDE MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS (continued) ARTICLE 38: TRANSFERS ................................................................................ 19 ARTICLE 39: PROMOTION ................................................................................ 19 ARTICLE 40: TEMPORARY POSITIONS ........................................................... 20 ARTICLE 41: DEMOTION ................................................................................... 20 ARTICLE 42: LAYOFF ........................................................................................ 20 ARTICLE 43: GRIEVANCE PROCEDURE ......................................................... 21 ARTICLE 44: MANAGEMENT RIGHTS ............................................................. 23 ARTICLE 45: ASSOCIATION ACTIVITIES......................................................... 25 ARTICLE 46: ASSOCIATION ACCESS TO WORK LOCATIONS ..................... 25 ARTICLE 47: ASSOCIATION USE OF CITY FACILITIES ................................. 26 ARTICLE 48: ASSOCIATION MEET AND CONFER REPRESENTATION ....... 26 ARTICLE 49: NO STRIKE/ LOCKOUT ............................................................... 26 ARTICLE 50: NONDISCRIMINATION ................................................................ 26 ARTICLE 51: MOU IMPLEMENTATION ............................................................ 27 ARTICLE 52: MAINTENANCE OF BENEFITS ................................................... 27 ARTICLE 53: POLICY CONFLICTS ................................................................... 27 ARTICLE 54: NEW HIRE ORIENTATION…………………………………………..27 Page 33 of 561 2023/24 – 2026/27 MEMORANDUM OF UNDERSTANDING BETWEEN THE REPRESENTATIVES OF THE CITY OF ARROYO GRANDE AND THE ARROYO GRANDE POLICE OFFICERS' ASSOCIATION ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING The term of the Memorandum of Understanding shall be from September 12, 2023, through June 30, 2027 (three year). Meet and confer sessions for Fiscal Year 2026-27 shall commence no later than March 15, 2027. ARTICLE 2. SALARY SCHEDULES CLASSIFICATION SALARY RANGE Police Sergeant 42 Senior Police Officer 35 Police Officer 31 Police Trainee 27 (Non-Sworn) Property Evidence Technician 22 (Non-sworn) Police Records Clerk 18 (Non-sworn) The City and the Police Officers' Association agree that all position classifications represented by the Association shall receive salaries as represented in Exhibit “A” for sworn employees and Exhibit “B” for non-sworn employees as of September 15, 2023. A. FISCAL YEAR 2023/2024 The salaries contained in Exhibit “A” reflect an equity adjustment of 12.5% salary increase for Police Officers and Senior Police Officers and 15% for Police Sergeant sworn employees and the salaries contained in Exhibit “B” reflect an equity adjustment of 3% salary increase for non-sworn employees effective on September 15, 2023. B. FISCAL YEAR 2024/2025 The salaries contained in Exhibit “C” reflect a 3.5% salary increase for sworn employees and the salaries contained in Exhibit “D” reflect a 3.5% salary increase for non-sworn employees effective the first full pay period after July 1, 2024. C. FISCAL YEAR 2025/2026 The salaries contained in Exhibit “E” reflect a 3.5% salary increase for sworn employees and the salaries contained in Exhibit “F” reflect a 3.5% salary increase for non-sworn employees effective the first full pay period after July 1, 2025. D. FISCAL YEAR 2026/2027 The salaries contained in Exhibit “E” reflect a 3.5% salary increase for sworn employees and the salaries contained in Exhibit “F” reflect a 3.5% salary increase for non-sworn employees effective the first full pay period after July 1, 2026. Page 34 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 2 ARTICLE 3. APPLICATION OF SALARY STEPS All employees entering the permanent, full-time employ of the City shall be paid at the first step of the salary range, unless otherwise determined by the Police Chief and City Manager, established for their position classification. Salary step increases, as provided herein, are not automatic but are based on performance and merit. Employees shall be placed on the step designated by the City Manager for initial full-time permanent employment and qualify for increase in compensation or advancement to the next higher step of their salary range in the following manner: Police employees may qualify for advancement to the second or next step, after completion of 12 months of service, upon the recommendation of the Police Chief and approval of the City Manager. Employees may qualify for advancement to the third or next step, after the completion of one year of service at their third step, upon recommendation of the Police Chief and approval by the City Manager. Employees may qualify for advancement to the fourth or next step, after the completion of one year of service at their third step, upon recommendation of the Police Chief and approval by the City Manager. Employees may qualify for advancement to the fifth or next step, after completion of one year of service in their fourth step, upon recommendation of the Police Chief and approval by the City Manager. A performance report on each employee recommended for advancement shall be submitted to the City Manager by the Police Chief prior to final action on such recommendation. Merit increases will go effective the first day of the next full pay period following the evaluation date. ARTICLE 4. ADVANCEMENT IN PAY The salary range as set forth for each classification is divided into five (5) steps, which shall be interpreted and applied as follows: A. The first step is the minimum rate and normally shall be the hiring rate. B. The second step is granted to employees who are eligible for this adjustment after completion of twelve (12) full calendar months of satisfactory service in a classification and not prior to the completion of a probationary period. The adjustment shall be made only if granted by the Police Chief and subject to the approval of the City Manager. Page 35 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 3 ARTICLE 4. ADVANCEMENT IN PAY (continued) C. The third step shall be granted to an employee who has given satisfactory service in a given classification for one (1) full additional year from granting of previous step increase only if granted by the Police Chief and subject to the approval of the City Manager. D. The fourth step shall be granted to an employee who has given satisfactory service for one (1) full additional year by the Police Chief and subject to the approval of the City Manager. E. The fifth step shall be granted to an employee who has given satisfactory service for one (1) full additional year by the Police Chief and subject to the approval of the City Manager. An employee must always continue to maintain an acceptable level of performance and shall be evaluated by the Police Chief annually. ARTICLE 5. SPECIALTY PAY A. In addition to the base rate of pay, determined under this MOU, employees engaged in specialty assignments shall receive Specialty Pay as herein defined. The Specialty Pay is to be included in all computation of overtime or other benefits. B. FTO Pay shall be defined as "an employee who is designated to train another employee pursuant to a P.O.S.T. - approved entry/promotional on-site training program (commonly referred to as a Field Training Program)." The designated trainer shall be paid a Specialty Pay of an additional five per cent (5%) of base salary when assigned to and working with a trainee. C. Motor Officer Pay: Officers assigned to motor service on a full-time basis shall receive an additional 2.5% of base salary. Officers assigned to motor service on a part-time basis shall receive an additional 2.5% of base salary while assigned to, and working in, the Traffic Enforcement Motorcycle Program. D. Bilingual Pay: An employee who is functional in Spanish, other language, or American Sign Language (ASL), the use of which has been determined by the Police Chief, with the concurrence of the City Manager, to be of benefit to the City shall be paid $50.00 per month. The employee must be able to verbally communicate basic information relevant to the routine tasks for their classification. An employee who is fluent and can conduct detailed interviews and interrogation, effectively and accurately record statements, and translate spoken and written communications effectively shall be paid $100.00 per month. Fluency shall be certified by a test administered through the City Page 36 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 4 ARTICLE 5. SPECIALTY PAY (continued) Manager’s Office. An employee shall request bilingual pay on a form approved by the City Manager. The Police Chief, with the approval of the City Manager, shall determine which employees, what mix of languages, and which job functions may be eligible for bilingual pay based upon accessibility of the employee to the public, or other factors that could affect the use of these skills for public benefit. Nothing in this section shall preclude the use by an employee of foreign language skills in the work place for the public benefit even if the employee is not receiving bilingual pay. E. Officers assigned to the canine assignment shall be scheduled seventy-two (72) regular hours of their eighty (80) hour bi-weekly schedule. The remaining eight (8) hours of their schedule shall be compensated at straight time in exchange for the proper care and maintenance of the animal. ARTICLE 6. LONGEVITY PERFORMANCE STIPEND Employees may qualify for 5% of their base salary as a longevity performance stipend upon completion of ten (10) years of continuous full-time employment with the City as a sworn officer and a “meets department’s standards” or better performance evaluation. Should an employee receive an evaluation that “does not meet department standards”, they shall not qualify for the longevity performance stipend. Employees may qualify for an additional 2.5% of base salary as a longevity performance stipend upon completion of fifteen (15) years of continuous full-time employment with the City as a sworn officer and a “meets department’s standards” or better performance evaluation. Should an employee receive an evaluation that “does not meet department standards”, they shall not qualify for the longevity performance stipend. The POA and the City agree that the intent in providing a longevity performance stipend is for the benefit not to qualify as an item of special compensation that must be reported to CalPERS and included in the calculation of retirement benefits in accord with DiCarlo v. County of Monterey, No. H041400, (Cal. Ct. App. June 5, 2017). In the event that CalPERS at some time in the future determines that the longevity performance stipend meets the definition of “Special Compensation”, both parties agree to reopen negotiations related to the financial impacts and implementation of this issue. ARTICLE 7. VACATION LEAVE A. The purpose of annual vacation leave is to enable each eligible employee to annually return to their work mentally and physically refreshed. Employees shall take a minimum of eighty (80) vacation hours' leave per year after the first year of service. Page 37 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 5 ARTICLE 7. VACATION LEAVE (continued) B. Each eligible employee shall be required to have served the equivalent of one (1) year of continuous service with the City in order to be eligible for their full annual vacation leave. However, in the event an employee so chooses, they may, after six (6) continuous months of service, take vacation leave not to exceed forty (40) working hours with their supervisor's approval. C. Employees who terminate employment shall be paid at termination; and upon return of all City-owned property, if any, a lump sum for all accrued vacation leave earned prior to the date of termination. D. Vacation leave with pay shall be earned in accordance with the following schedule: 1 year 80 hours 6.67 hours per month 2 years 96 " 8.00 " " " 3 years 104 " 8.67 " " " 4 years 112 " 9.34 " " " 5 years 120 " 10.00 " " " 6 years 120 " 10.00 " " " 7 years 128 " 10.67 " " " 8 years 128 " 10.67 " " " 9 years 136 " 11.34 " " " 10 years 136 '' 11.34 " " " 11 years 144 " 12.00 " " " 12 years 144 " 12.00 " " " 13 years 152 " 12.67 " " " 14 years 152 " 12.67 " " " 15 years 160 " 13.34 " " " E. Employees may accrue vacation leave up to the maximum hours listed below, dependent upon years of service as a regular full-time employee: Years of Service Maximum Vacation Hours That On January 1 Can Be Accrued on January 1 1 - 5 100 5+ - 10 140 10+ - 15 180 15+ 220 F. In the event an employee's accrued vacation leave exceeds the maximum allowed, the employee shall be paid at their January 1st hourly wage rate for those hours accrued in excess of the maximum allowable. Exception to this paragraph may be approved by the Police Chief upon employee request. Page 38 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 6 ARTICLE 8. HOLIDAY LEAVE A. Shift/Operations Employees: 1. Employees will be provided eight (8) hours of pay per month in lieu of holiday leave or shall be granted one (1) eight (8) hour work day per calendar month for a holiday. Such monthly holiday shall be designated on the employee's work schedule. 2. Employees shall also receive an additional twelve (12) hours of leave per year, which may be granted as time off or as straight-time pay during December. Such pay shall be paid on the first payday in December. B. Administrative Employees: The following days shall be paid holidays for Police Department employees assigned to non-shift administrative support duties: 1. Independence Day 2. Labor Day 3. Veterans' Day 4. Thanksgiving 5. Day following Thanksgiving 6. Christmas Eve, half day 7. Christmas 8. New Year's Eve, half day 9. New Year's Day 10. Martin Luther King Day 11. President's Day 12. Memorial Day 13. Juneteenth Day 14. One and one-half days per Fiscal Year of the employee's choice with Supervisor approval (Floating Holiday) When any of the above-listed holidays fall on Saturday, it will be recognized on Friday. If it falls on Sunday, it will be recognized on Monday. For all employees who regularly worked on Saturday and/or Sunday, the holiday will be specified by the above-listed dates. In case a holiday falls on an employee's regularly scheduled day off, they shall have the option to take such a holiday on an alternate day, as selected by the employee and approved by the Police Chief. Page 39 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 7 ARTICLE 8. HOLIDAY LEAVE (continued) C. Special Holidays: Every day designated by the President, Governor, or Mayor for public observance as a special, nonrecurring single event, such as the death of a national leader or end of a war shall be a City-paid holiday. ARTICLE 9. SICK LEAVE All full-time, permanent employees shall accrue eight (8) hours of sick leave, with pay, for each month of service, with unlimited accumulation. The maximum accumulation of earned sick leave shall be 1,000 hours. An employee will not accumulate any additional sick leave until such time that their accumulated balance falls below 1,000 hours. Upon retirement an employee may choose to be paid for 50% of unused sick leave, to a maximum of 450 hours at their current rate of pay. The remainder of unused accumulated sick leave will be forwarded to CalPERS to be used towards retirement credit per the City’s contract with CalPERS. On December 1st of each year, an employee has the option of being paid straight time for 25% of their unused sick leave for the preceding twelve (12) months, transferring the 25% credit to vacation or leaving the 25% credit in sick leave. Employees may transfer sick leave on a voluntary basis to a fellow employee who has exhausted all their sick leave and vacation leave due to an extended illness or injury. The transfer shall be based on each employee’s hourly rate of pay and shall not exceed twenty- four (24) hours of sick leave based on the hourly rate of pay of the receiving employee. The transfer shall be requested on a form provided by the City, be completed by both employees who mutually request such transfer, and submitted for approval to their Department Directors and the City Manager for final approval. The requesting employee must indicate how many hours they will need for their leave. The receiving employee shall not be obligated to repay any transferred leave to the contributing employee, and contributing employee understands that such transfer shall be deemed as if used and will be subject to all other provisions applicable. Under no circumstances may the requesting employee receive more donated hours in their sick bank than actually used for their leave. ARTICLE 10. BEREAVEMENT LEAVE A five (5) day leave to a maximum of forty (40) working hours with pay shall be available to employees who suffer the death of a relative (defined as: spouse, parent, child, sister, brother, grandparent or grandchild, aunt, uncle, the corresponding relative by marriage, or any other person residing in the same household) for the purpose of attending the funeral and making other arrangements at the time the loss occurs. This leave is not chargeable against accrued sick or vacation leave. In order to receive this benefit, domestic partners must be registered with the Secretary of State. Page 40 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 8 ARTICLE 11. FAMILY LEAVE Pursuant to the State and Federal Leave Acts, the following is provided for all employees who have been employed a minimum of twelve (12) months and have worked at least 1,250 hours during the 12-month period preceding leave: 1. Up to twelve (12) weeks unpaid leave in a twelve (12) month period. Intermittent leave is allowed. 2. Leave may be taken for: 1) birth of and care of newborn child; 2) placement of child with employee for adoption or foster care; 3) to care for spouse, child, or parent having serious health condition; 4) employee's own serious health condition. 3. The employee's insurance including medical, dental, vision, and life insurance will be maintained under the same conditions as if the employee were still working. 4. Request for leave must be made 30 days prior to leave, if foreseeable. 5. Employee may use accrued vacation, holiday, or personal leave during family leave. Sick leave may be used for employee and/or immediate family illness or disability. 6. Upon return to work, employee will be restored to same or equivalent position with equivalent benefits. All other provisions of the federal Family Medical Leave Act (“FMLA”), California Family Rights Act (“CFRA”), and Pregnancy Disability Leave (“PDL”) apply. ARTICLE 12. MILITARY LEAVE Employees taking military leave with the National Guard or Reserves shall be entitled to full City pay and benefits as required by State statute. All military leave in excess of thirty (30) calendar days per year, if granted by the City, shall be without City pay or City-paid benefits and shall be for a period not to exceed forty-eight (48) working days per calendar year. The employee may retain their City benefits, such as medical insurance, by paying all premiums. The City may elect to replace the employee in their position in the event employee takes more than forty-eight (48) working days per calendar year. Page 41 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 9 ARTICLE 13. EDUCATIONAL PAY A. All unit employees may qualify for a two and one-half percent (2½%) salary increase above their position classified range upon receipt of a two-year degree, in a field relative to their police job classification, from an accredited junior college or college or Intermediate P.O.S.T. Certificate, upon approval of the Police Chief and City Manager. B. All unit employees may qualify for a five percent (5%) salary increase above their position classified range upon receipt of a four-year degree, in a field relative to their police job classification, from an accredited college or Advanced P.O.S.T. Certificate, upon approval of the Police Chief and City Manager. C. Exceptions: When position classifications require an Associated Arts or Bachelor of Science/Bachelor of Arts Degree, no educational pay shall be paid to an employee holding such a position. No A.A. or B.A./B.S. degrees will be requested by the City for current positions represented by AGPOA unless otherwise agreed through the meet and confer process. D. A five percent (5%) increase in salary is the maximum increase permitted under Educational Pay. ARTICLE 14. MEDICAL LEAVE Medical Leave without pay may be granted for the purpose of recovery from prolonged illness or injury, to restore health, or for pregnancy, upon employee's written request to the Police Chief and City Manager, subject to submission of medical evidence satisfactory to establishing the employee's medical need. ARTICLE 15. EMERGENCY LEAVE Emergency leave without pay may be granted to any permanent employee who, upon written request to the Police Chief and City Manager, demonstrates that the leave is necessary for personal reasons or will serve to improve their abilities. Emergency leaves may be granted up to a maximum of one (1) year. Upon expiration of an approved emergency leave, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly upon leave expiration shall be cause for discharge. In the event that a disagreement arises as to whether or not such emergency leave will be granted, the matter will be moved to expedited hearings under the grievance procedure. During the period that an employee is on emergency leave, they shall be entitled to continue their insurance coverage with the City, as if pursuant to the provisions of COBRA, at their own expense. Page 42 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 10 ARTICLE 16. JURY DUTY Employees shall be granted leave with full pay and no loss in benefits, when called for jury duty, if the employee remits to the City any and all jury fees for such jury duty. It is understood that the employee may retain any travel pay granted by the court. The employee shall be responsible for notifying their supervisor as soon as possible upon receiving notice to appear for jury duty, make every reasonable effort to keep their supervisor advised as to the anticipated length of service, and return to work immediately following the end of jury duty service. ARTICLE 17. HOURS OF WORK AND OVERTIME A. The normal work schedule for full-time employees shall be eight (8) hours per day or forty (40) hours per week. However, upon written agreement between the City and the Association, an alternative work schedule may be implemented to meet the work requirements of the Police Department. Any such alternative work schedule must include eighty (80) scheduled work hours per two (2) week period (biweekly). The City reserves the right to revert to the normal work schedule described herein should working conditions, staffing, and/or workload so require (as determined by the Police Chief). B. Overtime shall be paid at the rate of one and one-half (1 and ½) times the employee's regular base hourly rate of pay for: 1) authorized time worked on the day of an assigned shift that is in excess of the designated number of hours for that workshift, or 2) authorized time worked beyond forty (40) hours per week or, in the event of an alternative work schedule, eighty (80) hours biweekly. Time worked for purposes of computing the standard work period for purposes of this paragraph shall include holidays, sick leave, paid vacation, bereavement leave, and compensatory time-off, and shall be calculated at a maximum of eight (8) hours per day or, in the event of an alternative work schedule, the maximum time designated for a workday for that work schedule. Unpaid time-off shall not be used for computing time worked. Overtime shall be computed at the nearest quarter (¼) hour. Unless otherwise stated in this Memorandum of Understanding, overtime shall be paid only for actual time worked. C. At the request of any employee eligible for overtime pay, their supervisor will provide that, in lieu of cash payment for any overtime, they may have the choice of time off with pay at the rate of one and one-half (1 and ½) hours for each hour of overtime worked. Compensatory time off shall be taken at the option of the employee with the consent of the immediate supervisor and Police Chief. The limit for accrued compensatory time off is 150 hours. Upon separation from employment, an employee is entitled to receive cash compensation for any unused compensatory time. Page 43 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 11 ARTICLE 18. CALLBACK PAY Callback is defined as that circumstance requiring an employee to unexpectedly return to work after the employee has left work at the end of the employee’s work day or work week. An employee called in early to start their work shift, without prior reasonable notice, will also receive time and one-half (1 ½) overtime pay for all extra hours worked, with a minimum call-out of two (2) hours. If an employee receives a second callback within the two-hour window of their first call, then the employee shall only receive additional pay for the time worked beyond the two hours. ARTICLE 19. UNIFORMS AND EQUIPMENT A. The City shall provide appropriate uniforms, safety equipment and maintenance of said items for employees required to wear a uniform as part of their duties. The type and style of the uniforms and equipment, along with the frequency of the maintenance, shall be determined by the Police Chief. B. The City shall provide annual cash allowances of $300 for ancillary uniforms and equipment items to the employees required by the Police Chief to wear a uniform in the course of their duties. The allowance shall be paid in July of each year. The uniform allowance will be paid on the first Friday after the first regular pay date in July. ARTICLE 20. MEDICAL INSURANCE A. The base medical plan shall be defined as the Health Maintenance Organization (HMO) program available to the City. If availability of an HMO to the City is discontinued by the medical plan provider, the base plan will become the basic PPO plan available to the City by the existing medical plan provider. B. The City will maintain health benefits through CalPERS to the end of the successor MOU. ARTICLE 21. CAFETERIA PLAN A. The City shall contribute an equal amount towards the cost of medical coverage under the Public Employee's Medical and Hospital Care Act (PEMHCA) for both active employees and retirees. The City’s contribution toward coverage under PEMHCA shall be the statutory minimum contribution amount established by CalPERS on an annual basis. B. Employees participating in the City’s full flex cafeteria plan shall receive a flex dollar allowance to purchase group health coverage for medical, dental, and vision under the City’s Cafeteria Plan. Page 44 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 12 ARTICLE 21. CAFETERIA PLAN (continued) C. For the period of July 1, 2023 through November 30, 2024, the flex dollar allowance shall be: For employee only: $754.54 For employee + 1 dependent: $1,422.78 For employee + 2 or more dependents: $1,833.06 D. Effective December 2023, for the January 2024 premium, the City’s total Cafeteria Plan contribution for the plan shall be modified by an amount equal to fifty percent (50%) of the increase for the lowest cost HMO plan offered by CalPERS in San Luis Obispo County, up to a maximum of 5% increase in the City’s contribution, without going above the cost of the plan. Any increase in premiums above this amount will be the full responsibility of the employee. E. Effective December 2024, for the January 2025 premium, the City’s total Cafeteria Plan contribution for the plan shall be modified by an amount equal to fifty percent (50%) of the increase for the lowest cost HMO plan offered by CalPERS in San Luis Obispo County, up to a maximum of 5% increase in the City’s contribution, without going above the cost of the plan. Any increase in premiums above this amount will be the full responsibility of the employee. F. Effective December 2025, for the January 2026 premium, the City’s total Cafeteria Plan contribution for the plan shall be modified by an amount equal to fifty percent (50%) of the increase for the lowest cost HMO plan offered by CalPERS in San Luis Obispo County, up to a maximum of 5% increase in the City’s contribution, without going above the cost of the plan. Any increase in premiums above this amount will be the full responsibility of the employee. G. Effective December 2026, for the January 2027 premium, the City’s total Cafeteria Plan contribution for the plan shall be modified by an amount equal to fifty percent (50%) of the increase for the lowest cost HMO plan offered by CalPERS in San Luis Obispo County, up to a maximum of 5% increase in the City’s contribution, without going above the cost of the plan. Any increase in premiums above this amount will be the full responsibility of the employee. H. A portion of the flex dollar allowance ($151 for 2023) is identified as the City’s contribution towards PEMHCA. This amount will be adjusted on an annual basis as the PEMHCA minimum contribution increases. Remaining flex dollars must be used by employees to participate in the City’s health plans. Employees who waive medical coverage under the Cafeteria Plan must show proof of alternate group health coverage that is compliant with the Affordable Care Act in order to receive flexible benefit dollars or cash in lieu of enrolling in the City’s health plan. Employees who properly waive coverage will receive an amount equal to the employee only contribution. The flexible benefit dollars taken as cash may not be used to reimburse an employee for any Page 45 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 13 premium expenses an employee may incur for an individual health insurance policy, including a policy purchased through Covered California. I. The City and the AGPOA agree to reopen the MOU and limit discussion to any future Affordable Care Act guidance that affects the cafeteria plan. ARTICLE 22. DENTAL PLAN The City shall provide for all employees in classifications represented in this Memorandum of Understanding a dental plan of the City’s choice. The City shall pay up to the full family premium. The City may select an alternate dental insurance plan provider during the term of this M.O.U. providing that: A. Any new plan maintains equivalent benefits to the employees; and B. At least twenty-one (21) days advanced notice of plan changes are provided to the POA. ARTICLE 23. LIFE INSURANCE The City shall provide a $40,000 Term Life Insurance Policy to each employee, full cost for said policy to be paid by the City. ARTICLE 24. VISION INSURANCE The City shall provide a Vision Care Plan for bargaining unit members. The City shall contribute the full family premium. The City may select an alternate vision care provider during the term of the M.O.U. providing that: A. Any new plan maintains equivalent benefits to the employees; and B. At least twenty-one (21) days advanced notice of plan changes are provided to the POA. ARTICLE 25. DISABLITY INSURANCE The City shall pay for California State Disability Insurance for non-sworn personnel. Benefits are payable by the State of California after a seven (7) day waiting period following the onset of the illness or date of injury. Effective January 1, 2004, the City will pay the premiums for the new Family Temporary Disability Insurance for non-sworn personnel. Should there be any future rate increases to State Disability Insurance and/or Family Temporary Disability Insurance plans after July 1, 2004, the City and the POA agree to meet and confer to discuss responsibility for payment of such increases. Page 46 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 14 ARTICLE 25. DISABLITY INSURANCE (continued) Effective September 15, 2023, the City will pay the premiums for the State Disability Insurance for sworn personnel. Should there be any future rate increases to State Disability Insurance and/or Family Temporary Disability Insurance plans after January 1, 2024, the City and the POA agree to meet and confer to discuss responsibility for payment of such increases. ARTICLE 26. RETIREMENT The City is a contracting agency with the Public Employees' Retirement System of the State of California, to which the City and the employees both contribute. This is carried on in conjunction with Social Security. Participation is mandatory for all full-time City employees. ARTICLE 27. RETIREMENT BENEFITS A. CalPERS Retirement Contributions 1. A) G.C. Section 21362.2. The CalPERS Public Safety Officer 3% @ 50 Retirement Plan shall be provided for sworn personnel hired prior to December 9, 2011. Sworn employees under this plan shall pay the full nine percent (9%) of the employee share of CalPERS plus two percent (2%) employer contribution. Effective July 14, 2017, sworn employees under this plan will pay an additional one percent (1%) employer contribution, for a total of 3% employer contribution. B) G.C. Section 21363.1. The CalPERS Public Safety Officer 3% @ 55 Retirement Plan shall be provided for sworn employees hired between December 9, 2011 and December 31, 2012, CalPERS “Classic” members hired on or after January 1, 2013, and those eligible for reciprocity hired on or after January 1, 2013. Sworn employees under this plan shall pay the full nine percent (9%) of the employee share of CalPERS plus two percent (2%) employer contribution. Effective July 14, 2017, sworn employees under this plan will pay an additional one percent (1%) employer contribution, for a total of 3% employer contribution. C) G.C. Section 7522.25. The CalPERS Public Safety Officer 2.7% @ 57 Retirement Plan shall be provided for new sworn employees hired on or after January 1, 2013 who are not CalPERS “Classic” employees and are not eligible for reciprocity. Sworn employees under this plan shall pay at least 50% of the total normal cost rate (currently 13.75%) of the employee share of CalPERS plus a half percent (0.5%) employer contribution. Page 47 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 15 ARTICLE 27. RETIREMENT BENEFITS (continued) D) The City will amend the Retirement Contract with PERS to allow the additional cost sharing contribution by the employees (the amounts contributed by employees above the member contribution) to be credited to the employee’s CalPERS account and the additional amount will be reported as tax deferred compensation in accordance with IRC 414(h)(2). 2. A) G.C. Section 21354.4. The CalPERS 2.5% at Age 55 Retirement Plan shall be provided for non-sworn employees hired prior to December 21, 2012. All non-sworn employees shall pay the full eight percent (8%) of the employee share of CalPERS. B) G.C. Section 21354. The CalPERS 2.0% at Age 55 Retirement Plan shall be provided for non-sworn employees hired between December 21, 2012 and December 31, 2012, CalPERS “Classic” members hired on or after January 1, 2013, and those eligible for reciprocity hired on or after January 1, 2013. Non- sworn employees under this plan shall pay the full seven percent (7%) of the employee share of CalPERS. C) G.C. Section 7522.20. The CalPERS 2% @ 62 Retirement Plan shall be provided for new non-sworn employees hired on or after January 1, 2013 who are not CalPERS “Classic” employees and are not eligible for reciprocity. Non-sworn employees under this plan shall pay at least 50% of the total normal cost rate (currently 7.75%) of the employee share of CalPERS. 3. G.C. Section 20636 (c)(4) pursuant to Section 20691. The employee portion of the CalPERS contribution, made by the City, shall be reported to CalPERS as income. The City will be responsible for the increased CalPERS contribution as a result of the reporting change. 4. G.C. Section 21024 and 21027. Employees may buy back, at their expense, retirement service credit for prior military service as permitted by CalPERS. 5. A) GC Section 20042. Retirement benefits are based on the highest single year compensation. B) GC Section 20037. For employees hired on or after December 9, 2011, retirement benefits are based on the highest average annual compensation earnable by a member during three consecutive years of employment. 6. GC Section 20965. Employees will receive credit for unused sick leave. Page 48 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 16 ARTICLE 27. RETIREMENT BENEFITS (continued) 7. GC Section 21548. The spouse of a deceased member, who was eligible to retire for service at the time of death, may elect to receive the Pre-Retirement Optional Settlement 2 Death Benefit. 8. Effective January 1, 2013, the Public Employee’s Pension Reform Act of 2013 (PEPRA) will apply to all sworn and non-sworn employees, as well as for employees transferring from other CalPERS or reciprocal agencies. B. Retiree Medical 1. Employees who retire from City service will be allowed to purchase medical insurance coverage through the City subject to applicable plan and PEMHCA requirements. 2. GC Section 22892. Effective January 1, 2009, the City’s contribution shall be an equal amount for both employees and annuitants, which shall be the statutory minimum contribution amount established by CalPERS on an annual basis. The City’s contribution shall be adjusted annually by the CalPERS Board to reflect any change in the medical care component of the Consumer Price Index, provided that the City is participating in the CalPERS Health Plan. 3. Effective January 1, 2009, the City shall provide a supplemental contribution to employees that are: 1) employed on a full-time basis as of June 30, 2008 and who have been employed with the City on a full-time basis for five (5) years or more at the time of retirement; or 2) employed on a full-time basis after June 30, 2008 and who have been employed by the City on a full-time basis for ten (10) years or more at the time of retirement. The supplemental contribution shall be equal to the difference between the minimum contribution amount established by CalPERS as set forth above in Article 26, Section C.3 and the following amounts: For single annuitant coverage: $165.36 For annuitant + 1 dependent: $300.81 For annuitant + 2 or more dependents: $361.86 Page 49 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 17 ARTICLE 28. EDUCATION A. The City shall pay tuition and book fees for all classes leading to an undergraduate or graduate degree in a job-related field at an accredited school/college for all unit employees, upon approval of the Police Chief. Reimbursement for educational costs may be granted for employees participating in non-collegiate job-related continuing education/training courses/programs. Payments for all classes must be approved by the Police Chief in advance. Payments to employees will be made after the employee provides evidence of completion of the course/program with a grade C or better or the course/program is passed when a pass/fail grading system is utilized. Reimbursement shall be limited to$2,000 per fiscal year and shall apply only to expenses for classes completed during the fiscal year in which the reimbursement is being requested. No carryovers are allowed. B. The education reimbursement in Section A may be provided to employees that have completed the Police Academy within the past 12 months without the requirement for advance approval of the Police Chief. Upon the successful completion of the Field Training Officer program and the approval of the Police Chief, the City will provide up to the fiscal year maximum for reimbursement of Police Academy expenses. ARTICLE 29. NIGHT DIFFERENTIAL PAY The City shall pay $1.00 per hour additional wages for each hour worked in a shift that begins at or after 2:00 p.m. Shifts beginning at or after 5:00 a.m. shall be considered day shifts and will not be subject to the differential. ARTICLE 30. STANDBY STATUS A. When placed on "emergency standby" by the Police Chief, or his designee, police employees will be granted one-eighth (1/8) of an hour overtime pay for each hour while on "emergency standby." An employee will be given a minimum of one-half (1/2) hour overtime when placed on "emergency standby." "Emergency standby" is the condition in which the employee is immediately available by telephone or pager to respond to the station for duty. B. Police employees subpoenaed to appear in court outside their regularly scheduled working hours will be granted four (4) hours minimum overtime for a morning or afternoon appearance, or actual overtime beyond the four (4) hour minimum if their appearance is required in both the morning and afternoon of the same day. If subpoenaed to appear on off-duty hours and notice of cancellation of the subpoena is received prior to twenty-four (24) hours of the time for appearance, no overtime will apply; however, if notice of Page 50 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 18 ARTICLE 30. STANDBY STATUS (continued) the cancellation is received within the twenty-four (24) hours prior to the time for appearance, the employee will be granted two (2) hours minimum of overtime. C. Sworn full time employees assigned to the investigations function will be placed on standby on a rotational schedule as determined by the Police Chief, or their designee. Normally, the standby assignment shall be for a period of one week. The standby assignment and compensation does not apply to employees that are temporarily assigned to assist regularly assigned investigations personnel. Standby is defined as that circumstance which requires an employee to: 1) be ready to respond immediately to a call for service; 2) be readily available at all hours by telephone or other agreed upon communication equipment; 3) refrain from activities which might impair their assigned duties upon call; 4) and remain within a geographical area that provides for a physical response time not to exceed forty-five (45) minutes. The parties agree that employees on standby, as defined in this paragraph, are “waiting to be engaged.” The parties acknowledge that while on standby, employees may have to engage in phone calls or other de minimus response activity. Phone calls or other responses that are beyond de minimus, but do not require the employee to report to duty are compensable time. Employees that physically respond to call outs are entitled to callback pay as defined in Article 17. The parties agree that employees responding while on standby will be given the option to flex their schedules so as to avoid overtime whenever possible. Sworn full time employees assigned to the investigations function shall receive an additional 2.5% of base salary as compensation for standby assignment. ARTICLE 31. PAYCHECKS The City will pay regular checks on a biweekly basis. The paychecks will be provided to the Police Department for distribution to employees by 3:00 p.m. the day prior to the designated payday unless technical difficulties occur which are beyond the control of the City. In any event, paychecks will be provided no later than 5:00 p.m. on the City's designated payday. However, no check may be deposited into a financial institution to be recorded by the issuing bank prior to the date of the designated payday. Page 51 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 19 ARTICLE 32. PAYROLL DEDUCTIONS Requests for changes in and cancellation of Association dues shall be promptly processed by the Association and put into effect by the City at the employee's request. Deductions for dues shall be made twice monthly by the City and remitted to the Association monthly. Requests for deductions shall be made on City-approved authorization cards. The Association agrees to indemnify and hold the City harmless from any liabilities that may arise as a result of the application of this article. ARTICLE 33. ANNIVERSARY DATES All current employee anniversary dates shall be as contained in the current City records. All employees hired after July 1, 1986 shall have an anniversary date the same as date of hire. ARTICLE 34. USE OF PRIVATE VEHICLE / MILEAGE RATE No worker shall be required as a condition of obtaining or continuing City employment, to possess or provide a private vehicle for use in connection with their City employment. The City shall reimburse employees at the rate established by the City Council for use of personal vehicles when such employees agree to such use upon stated request of the City. Transportation to and from work shall not be reimbursed. ARTICLE 35. PERSONNEL FILES An employee or their designee may inspect their personnel file and obtain copies of any and all items in that file at employee expense. A copy of all materials placed in an employee's personnel file shall be provided to the employee upon the employee's request. The employee may have placed in their personnel file any signed and dated statement of clarification or disagreement to any item or article contained within their personnel file. ARTICLE 36. PROBATIONARY PERIOD All appointments shall be tentative and subject to a probationary period of twelve (12) months. The Police Chief, with the consent of the City Manager, may extend the probationary period for specified cause(s) that shall be provided in writing to an employee. All probationary employees who are being placed on an extended probationary period shall be given written notice of the extension prior to the expiration of their probationary period. In the event no such notice is given, the employee shall be considered to have successfully completed their probationary period. An employee who is in a position that is reclassified shall not be required to complete an additional probationary period. The probationary period shall be regarded as a part of a continuing testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to their position, and for rejecting any probationary employee whose performance does not meet the required standards of work. The Police Chief, with the consent of the City Manager, may release the probationary employee from City employment without cause at any time during the probationary period. Page 52 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 20 ARTICLE 37. RESIGNATION An employee wishing to leave their employment with the City in good standing shall file with their supervisor a written resignation stating the effective date of their resignation and the reason for leaving. The resigning individual shall file such written resignation at least two (2) weeks in advance of the effective termination date and participate in an exit interview conducted by the City prior to issuance of the final paycheck. ARTICLE 38. TRANSFERS Transfer of an employee to a position within the employee's current range shall not affect the employee's salary range. Transfer of an employee to a position within a higher range shall be considered a promotion. Transfer of an employee to a lower range shall be considered a demotion. ARTICLE 39. PROMOTION Promotion of an employee to a higher range shall result in an increase in salary. The employee’s salary shall be placed in the salary range of the new position which would result in at least a five percent (5%) increase in salary compared to the employee’s existing salary position. Promotion of the employee may be made with the consent of the City Manager without testing or opening the position for consideration of all non- employees. All current employees shall be given consideration for a position opening that will be filled by promotion. An employee promoted to a new position shall serve a twelve (12) month probationary period in that position. In the event the promoted party is removed from the position to which promoted, the employee shall be considered demoted but shall be returned to the range from which promoted. No change in step shall occur as a result of an employee passing the promoted position probationary period. An employee’s promotion date will become their anniversary date for the purposes of performance evaluations and step increases. ARTICLE 40. TEMPORARY POSITIONS The Police Chief may temporarily promote an employee only after entering into a written agreement of the terms of such temporary promotion with the employee. ARTICLE 41. DEMOTION Transfer of an employee to a lower class shall result in reduction of salary. The employee's salary shall be placed in the identical step in the lower class that the employee enjoyed in the class from which demotion was made. Demotion can be made for cause, which shall be provided to the employee in writing by the Police Chief prior to any action taking place. Demotion for disciplinary reasons may be appealed through the grievance procedure by the demoted employee. Demotion for other reasons is not appealable. Page 53 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 21 ARTICLE 42. LAYOFF Whenever, in the judgement of the City, it becomes necessary to make a reduction in force, said reduction whenever possible shall be accomplished through attrition. Workers subject to a reduction in force shall be given at least thirty (30) calendar days' notice prior to the effective date of the layoff. The Association shall receive concurrent notice and may be granted an opportunity to meet and consult with the City to discuss the proposed alternatives to a reduction in force. When one or more workers performing in the same class in the Police Department are to face a reduction in force, the Police Chief and an AGPOA representative shall confer on the basis on which personnel shall be selected for layoff. If a laid-off employee's position, or a similar position to which the City determines the former employee is suited, becomes available within nine (9) months of layoff, said former employee shall be recalled. If the job in a lower classification becomes available and a former employee is qualified in the judgement of the City, they may be rehired in the lower classification's position opening. ARTICLE 43. GRIEVANCE PROCEDURE Purpose: A. This grievance procedure shall be the exclusive process to resolve grievances as the term is defined herein below: B. The purposes of this procedure are: 1. To resolve grievances informally at the lowest level; and 2. To provide an orderly procedure for reviewing and resolving grievances promptly. Definitions: A. Grievance means "a complaint by an employee concerning the interpretation or application of the provisions of this Agreement or of rules or regulations governing personnel practices or conditions, which complaint has not been resolved satisfactorily in an informal manner between the employee and their immediate supervisor." B. As used in this procedure, the term immediate supervisor means "the individual so designated by the Police Chief who assigns, reviews, and directs the work of an employee." Page 54 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 22 ARTICLE 43. GRIEVANCE PROCEDURE (continued) Time Limits: Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure; but with the written consent of all parties, the time limitation for any step may be extended. STEP 1 The grievance initially shall be personally discussed between the employee and their immediate supervisor. Within ten (10) calendar days, the immediate supervisor shall give their decision or response. STEP 2 A. If the grievance is not informally resolved to the satisfaction of the grievant in Step 1, a formal grievance may be initiated. A formal grievance must be initiated no later than: 1. Thirty (30) calendar days after the event of circumstances occasioning the grievance; or 2. Within ten (10) calendar days of the Step 1 decision rendered in the informal grievance procedure, whichever is the latter. B. However, if the Step 1 informal grievance procedure is not initiated within the period specified in subsection (1) above, the period in which to bring the grievance shall not be extended by subsection (2) above. C. A Step 2 grievance shall be initiated in writing on a form prescribed by the City and shall be filed with the person designated by the Police Chief as the first level of appeal. The employee may be represented by a representative of their choice. D. The grievant shall cite the specific provision(s) of the then currently effective Memorandum of Understanding, ordinance, resolution, Department General Order or written rule claimed to have been violated, set forth the facts that purportedly constitute such violation, and the specific remedy sought. E. Within ten (10) calendar days after the initiation of the Step 2 grievance, the first level of appeal person shall investigate the grievance and give their decision in writing to the grievant. Page 55 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 23 ARTICLE 43. GRIEVANCE PROCEDURE (continued) STEP 3 A. If the grievant is not satisfied with the decision rendered pursuant to Step 2, they may appeal the decision within ten (10) calendar days to the Police Chief or their designated representative. The employee may be represented by a representative of their choice. B. The Police Chief or his designated representative shall respond in writing within ten (10) calendar days to the grievant. If the Police Chief or their designated representative determines it is desirable, they may hold a meeting with the grievant and/or their representative or otherwise investigate the matter with the objective of resolving the grievance at the lowest possible level. The grievant may decline to participate in the meeting. STEP 4 A. If the grievant is not satisfied with the decision rendered pursuant to Step 3, they may appeal the decision within ten (10) calendar days to the City Manager. The employee may be represented by a representative of their choice. B. The City Manager shall respond in writing within twenty-eight (28) calendar days to the grievant. If the City Manager or their designated representative determines it is desirable, they may hold a meeting with the grievant and/or their representative or otherwise investigate the matter with the objective of resolving the grievance at the lowest possible level. The grievant may decline to participate in the meeting. STEP 5 A. If the grievant is not satisfied with the decision rendered pursuant to Step 4, they may, within ten (10) calendar days, invoke the right to have the grievance resolved by binding arbitration. B. If the notice from the employee requesting arbitration is endorsed by an authorized Association representative, the Association will bear fifty percent (50%) of the cost of the services of the arbitrator. If the notice is not so endorsed by the Association's representative, then the employee must bear half of the cost of the arbitrator. The City shall be responsible for the remaining fifty percent (50%) of the cost for the services of the arbitrator. Page 56 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 24 ARTICLE 43. GRIEVANCE PROCEDURE (continued) C. The Association's representative and the City Manager, or his representative, shall meet to select a single, qualified, impartial, local arbitrator; but they may agree to use the services of a state agency or arbitration service if a mutually acceptable local arbitrator is unavailable or if both parties are unable to agree upon an acceptable local arbitrator. D. The arbitration shall be convened as soon as is possible after the notice, and the decision of the arbitrator shall be final and binding on all concerned parties. ARTICLE 44. MANAGEMENT RIGHTS The City retains all its exclusive rights and authority under State law and City ordinances and expressly and exclusively retains its management rights, which include but are not limited to: ♦♦ the exclusive right to determine the mission of its constituent departments, commissions, boards; ♦♦ set standards and levels of services; ♦♦ determine the procedures and standards of selection for employment and promotions; ♦♦ direct its employees; ♦♦ determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons; ♦♦ maintain the efficiency of governmental operations; ♦♦ determine the methods, means, and numbers and kinds of persons by which government operations are to be conducted; ♦♦ determine methods of financing; ♦♦ determine style and/or types of City-issued equipment to be used; ♦♦ determine and/or change the facilities, methods, technology, means, organizational structure and composition of the work force, and allocate and assign work by which the City operations are to be conducted; Page 57 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 25 ARTICLE 44. MANAGEMENT RIGHTS (continued) ♦♦ determine and/or change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including, but not limited to, the right to contract for or subcontract any work, labor, services, or operations of the City; ♦♦ assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; ♦♦ establish and modify productivity and performance programs and standards; ♦♦ discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law. The Association recognizes that the City has, and will continue to retain whether exercised or not, the unilateral and exclusive right to operate, administer, and manage its municipal services and work force performing those services in all respects, subject to this Memorandum of Understanding; provided, however, that the exercise of such rights does not preclude employees or their representatives from conferring or raising grievance about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment. Nothing in this Management Rights clause modifies the scope of representation defined on the Meyers-Milias-Brown Act. ARTICLE 45. ASSOCIATION ACTIVITIES A. The Association shall provide the Police Chief and City Manager with a list of all authorized AGPOA representatives and the list shall be kept current. B. An employee and/or their AGPOA representative may, when and to the extent necessary, take official City time without loss of compensation in order to participate in the investigation and processing of a grievance, as provided for in this MOU, upon notification and approval of the immediate supervisor or their designee. C. The Police Chief and City Manager will approve one employee and/or AGPOA representative to take official City time to investigate and process a grievance, when and to the extent necessary, and only if it will in no event adversely affect the operational, security, or safety requirements of the City. It is understood that the employee and/or AGPOA representative shall make every reasonable effort to perform any of the above activities on off-duty time. Page 58 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 26 ARTICLE 46. ASSOCIATION ACCESS TO WORK LOCATIONS A. The City agrees that the authorized AGPOA representative shall be granted access to work location(s) to participate in investigation and processing of grievances per the grievance procedure of the MOU or to observe working conditions, upon approval of the Police Chief and City Manager, when to the extent necessary. C. The Association shall provide the Police Chief and City Manager with a list of all authorized AGPOA representatives, and the list shall be kept current by the Association. C. Upon notification and approval of the City Manager or their designee, an authorized AGPOA staff member is permitted to communicate with the employee(s) and/or AGPOA representatives on official City time without said employee(s) and/or AGPOA representatives' loss of compensation. It is not the intent of this section to allow general Association meetings on City time but, rather, to allow investigation and discussion of working conditions, grievances, and safety issues. D. It is understood that every reasonable effort shall be made to perform the above activities on off-duty time. ARTICLE 47. ASSOCIATION USE OF CITY FACILITIES A. The Association may, with prior approval of the City Manager, be granted the use of City facilities for meetings of Association members, provided space is available. No use fee will be charges. B. The City agrees to furnish bulletin board space of reasonable size for posting of AGPOA materials. ARTICLE 48. ASSOCIATION MEET AND CONFER REPRESENTATION Three (3) AGPOA representatives shall constitute the maximum number of employees for meet and confer sessions with City representatives on City time during representatives working hours for the purpose of meeting and conferring in good faith without loss of pay or any benefits. ARTICLE 49. NO STRIKE/NO LOCKOUT The Association agrees that during the term of the Memorandum of Understanding, neither the Association or the employees it represents will engage in, encourage, sanction, support, or suggest any strikes. The employer agrees that it will not lockout any of its employees during the term of this Memorandum of Understanding. Page 59 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 27 ARTICLE 50. NONDISCRIMINATION The City shall pursue a policy of affirmative action, equal opportunity, and equal promotional opportunity for all workers in accordance with applicable law. No Association member shall be discriminated against by the City because of their efforts in carrying out this Memorandum of Understanding or because of political, religious, union or nonunion affiliation of belief, race, color, age, sex, national origin, handicap, marital or military status, or sexual preference; nor shall any members of the Association discriminate against any employee or official of the City based upon the foregoing reasons. ARTICLE 51. MOU IMPLEMENTATION Both parties agree that the terms of this Memorandum of Understanding supersede provisions of all other practices, Memorandum of Understanding, resolution, and rules of the City that conflict with provisions of this Agreement. ARTICLE 52. MAINTENANCE OF BENEFITS All benefits enjoyed by unit employees as of July 1, 2021, and any side letter agreements currently in effect or reached after that date, shall remain in full force and effect unless modified by a subsequent Memorandum of Understanding or by mutual agreement, in writing, of the parties. Exhibit "A", “B”, “C”, “D”, “E”, “F”, “G”, and “H” are attached and incorporated as part of this Memorandum of Understanding. ARTICLE 53. POLICY CONFLICTS The policies and provisions contained herein shall supersede, in all material respects, all conflicting or inconsistent policies and provisions contained in the City of Arroyo Grande Personnel Regulations and the City of Arroyo Grande Administrative Policies and Procedures. ARTICLE 54. NEW HIRE ORIENTATION Pursuant to Government Code Sections 3555-3559, the Arroyo Grande Police Officers’ Association (“AGPOA”) and the City of Arroyo Grande (“City”) agree that the ability of an exclusive representative to communicate with the public employees it represents is necessary to ensure the effectiveness of state labor relations statutes, and the exclusive representative cannot properly discharge its legal obligations unless it is able to meaningfully communicate with the public employees on whose behalf it acts. This communication includes an opportunity to discuss the rights and obligations created by the contract and the role of the representative, and to answer questions. The AGPOA and the City agree that the recognized exclusive representative of the AGPOA be provided meaningful access to their represented members as outlined below: Page 60 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 28 ARTICLE 54. NEW HIRE ORIENTATION (continued) A. The City will provide the AGPOA with 10 days’ advance notice of a new employee orientation, except when the need for the orientation is urgent and unforeseeable. In that case, the City will provide the AGPOA with as much advance notice as is reasonable, given the circumstances. A new employee orientation means the onboarding process of a newly hired member in which members are advised of their employment status, rights, benefits, duties and responsibilities, or any other employment-related matters. B. The City will allow the exclusive representative of the AGPOA up to thirty minutes of paid time off to attend the new employee orientation, or at a later agreed upon time, for the purposes of providing information, educating the new employee(s) and otherwise facilitating the mutual benefits of these provisions. The AGPOA representative may meet independently with the newly hired member at the orientation. C. The AGPOA and the City agree to meet and confer over any additional provisions with respect to the structure, time, and manner of union access to the new employee orientation. If no agreement is reached, the dispute will be resolved through compulsory interest arbitration as set forth in the Government Code. D. The City will provide the AGPOA Executive Board with the name, home address, personal email address, and personal cell phone number on file with the City of all new employees within 30 days of hire. In addition, the City will provide the AGPOA Executive Board with the name, home address, personal email address, and personal cell phone number on file with the City of all employees at least every 120 days. Page 61 of 561 MEMORANDUM OF UNDERSTANDING, 2023/24 – 2026/27 AGPOA AND CITY OF ARROYO GRANDE PAGE 29 REPRESENTATIVES OF REPRESENTATIVES OF ARROYO CITY OF ARROYO GRANDE GRANDE POLICE OFFICERS' ASSOCIATION DATE: DATE: ____________________ __________________________ __________________________ CHE JOHNSON STACIE CASABIAN LIEBERT CASSIDY WHITMORE MASTAGNI HOLSTEDT, A.P.C. __________________________ __________________________ NICOLE VALENTINE JEFFERY SMITH CITY NEGOTIATOR NEGOTIATOR, AGPOA __________________________ __________________________ TASHINA URENO JEREMY BURNS CITY NEGOTIATOR NEGOTIATOR, AGPOA __________________________ JASON CASTILLO NEGOTIATOR, AGPOA Page 62 of 561 Exhibit "A" RANGE A B C D E Positions 31 Biweekly 3,287.34 3,451.71 3,624.30 3,805.51 3,995.79 Police Officer Monthly 7,122.58 7,478.70 7,852.64 8,245.27 8,657.54 Annual 85,470.91 89,744.45 94,231.68 98,943.26 103,890.42 32 Biweekly 3,369.21 3,537.67 3,714.55 3,900.28 4,095.29 Monthly 7,299.95 7,664.94 8,048.19 8,450.60 8,873.13 Annual 87,599.34 91,979.31 96,578.28 101,407.19 106,477.55 33 Biweekly 3,452.29 3,624.90 3,806.15 3,996.46 4,196.28 Monthly 7,479.96 7,853.96 8,246.66 8,658.99 9,091.94 Annual 89,759.54 94,247.52 98,959.90 103,907.89 109,103.29 34 Biweekly 3,542.09 3,719.20 3,905.16 4,100.42 4,305.44 Monthly 7,674.54 8,058.27 8,461.18 8,884.24 9,328.45 Annual 92,094.47 96,699.19 101,534.15 106,610.86 111,941.40 35 Biweekly 3,630.07 3,811.57 4,002.15 4,202.26 4,412.37 Sr. Police Officer Monthly 7,865.15 8,258.40 8,671.32 9,104.89 9,560.13 Annual 94,381.74 99,100.83 104,055.87 109,258.66 114,721.60 36 Biweekly 3,719.87 3,905.87 4,101.16 4,306.22 4,521.53 Monthly 8,059.72 8,462.71 8,885.84 9,330.14 9,796.64 Annual 96,716.66 101,552.50 106,630.12 111,961.63 117,559.71 37 Biweekly 3,812.73 4,003.37 4,203.54 4,413.71 4,634.40 Monthly 8,260.92 8,673.96 9,107.66 9,563.04 10,041.20 Annual 99,131.01 104,087.56 109,291.93 114,756.53 120,494.36 38 Biweekly 3,906.20 4,101.51 4,306.59 4,521.92 4,748.01 Monthly 8,463.44 8,886.61 9,330.94 9,797.49 10,287.36 Annual 101,561.23 106,639.29 111,971.26 117,569.82 123,448.31 39 Biweekly 4,005.17 4,205.43 4,415.70 4,636.48 4,868.31 Monthly 8,677.87 9,111.76 9,567.35 10,045.72 10,548.00 Annual 104,134.41 109,341.13 114,808.19 120,548.60 126,576.03 CITY OF ARROYO GRANDE EFFECTIVE 09/15/23 SCHEDULE OF SALARY RANGES-POLICE SWORN Page 63 of 561 Exhibit "A" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 09/15/23 SCHEDULE OF SALARY RANGES-POLICE SWORN 40 Biweekly 4,102.92 4,308.06 4,523.47 4,749.64 4,987.12 Monthly 8,889.65 9,334.13 9,800.84 10,290.88 10,805.43 Annual 106,675.83 112,009.62 117,610.10 123,490.60 129,665.14 41 Biweekly 4,207.38 4,417.75 4,638.64 4,870.57 5,114.10 Monthly 9,116.00 9,571.80 10,050.39 10,552.91 11,080.55 Annual 109,391.96 114,861.56 120,604.64 126,634.87 132,966.61 42 Biweekly 4,312.46 4,528.08 4,754.49 4,992.21 5,241.82 Police Sergeant Monthly 9,343.67 9,810.85 10,301.39 10,816.46 11,357.28 Annual 112,123.98 117,730.18 123,616.69 129,797.53 136,287.40 43 Biweekly 4,420.59 4,641.62 4,873.70 5,117.39 5,373.26 Monthly 9,577.95 10,056.85 10,559.69 11,087.68 11,642.06 Annual 114,935.42 120,682.19 126,716.30 133,052.12 139,704.72 44 Biweekly 4,529.95 4,756.44 4,994.27 5,243.98 5,506.18 Monthly 9,814.89 10,305.63 10,820.91 11,361.96 11,930.05 Annual 117,778.63 123,667.56 129,850.94 136,343.48 143,160.66 Page 64 of 561 Exhibit "B" RANGE A B C D E Positions 17 Biweekly 2,046.02 2,148.32 2,255.74 2,368.53 2,486.95 Monthly 4,433.05 4,654.70 4,887.44 5,131.81 5,388.40 Annual 53,196.58 55,856.41 58,649.23 61,581.69 64,660.78 18 Biweekly 2,097.48 2,202.35 2,312.47 2,428.10 2,549.50 Records Clerk Monthly 4,544.54 4,771.77 5,010.36 5,260.87 5,523.92 Annual 54,534.50 57,261.22 60,124.28 63,130.50 66,287.02 19 Biweekly 2,150.06 2,257.56 2,370.44 2,488.96 2,613.41 Monthly 4,658.46 4,891.38 5,135.95 5,392.75 5,662.38 Annual 55,901.49 58,696.57 61,631.40 64,712.97 67,948.62 20 Biweekly 2,204.31 2,314.53 2,430.25 2,551.77 2,679.36 Monthly 4,776.01 5,014.81 5,265.55 5,528.83 5,805.27 Annual 57,312.12 60,177.73 63,186.61 66,345.94 69,663.24 21 Biweekly 2,259.69 2,372.67 2,491.30 2,615.87 2,746.66 Monthly 4,895.99 5,140.79 5,397.82 5,667.72 5,951.10 Annual 58,751.83 61,689.42 64,773.89 68,012.59 71,413.22 22 Biweekly 2,317.30 2,433.16 2,554.82 2,682.56 2,816.69 Records/Property Monthly 5,020.81 5,271.85 5,535.44 5,812.21 6,102.83 Evidence Tech. Annual 60,249.71 63,262.20 66,425.31 69,746.57 73,233.90 23 Biweekly 2,375.47 2,494.24 2,618.95 2,749.90 2,887.39 Monthly 5,146.84 5,404.19 5,674.40 5,958.12 6,256.02 Annual 61,762.13 64,850.24 68,092.75 71,497.39 75,072.26 24 Biweekly 2,435.31 2,557.08 2,684.93 2,819.18 2,960.14 Monthly 5,276.52 5,540.34 5,817.36 6,108.23 6,413.64 Annual 63,318.19 66,484.09 69,808.30 73,298.71 76,963.65 25 Biweekly 2,497.40 2,622.27 2,753.38 2,891.05 3,035.61 Monthly 5,411.03 5,681.59 5,965.66 6,263.95 6,577.15 Annual 64,932.41 68,179.03 71,587.98 75,167.38 78,925.75 CITY OF ARROYO GRANDE EFFECTIVE 09/15/23 SCHEDULE OF SALARY RANGES-POLICE NON-SWORN Page 65 of 561 Exhibit "B" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 09/15/23 SCHEDULE OF SALARY RANGES-POLICE NON-SWORN 26 Biweekly 2,558.93 2,686.87 2,821.22 2,962.28 3,110.39 Monthly 5,544.34 5,821.56 6,112.64 6,418.27 6,739.18 Annual 66,532.09 69,858.69 73,351.62 77,019.20 80,870.17 27 Biweekly 2,621.57 2,752.65 2,890.28 3,034.80 3,186.54 Police Trainee Monthly 5,680.07 5,964.07 6,262.28 6,575.39 6,904.16 Annual 68,160.85 71,568.89 75,147.34 78,904.70 82,849.94 28 Biweekly 2,687.57 2,821.95 2,963.05 3,111.20 3,266.76 Monthly 5,823.07 6,114.23 6,419.94 6,740.93 7,077.98 Annual 69,876.87 73,370.71 77,039.25 80,891.21 84,935.77 29 Biweekly 2,755.25 2,893.01 3,037.66 3,189.55 3,349.02 Monthly 5,969.71 6,268.19 6,581.60 6,910.68 7,256.22 Annual 71,636.51 75,218.34 78,979.26 82,928.22 87,074.63 30 Biweekly 2,821.81 2,962.90 3,111.05 3,266.60 3,429.93 Monthly 6,113.92 6,419.62 6,740.60 7,077.63 7,431.51 Annual 73,367.08 77,035.43 80,887.20 84,931.56 89,178.14 31 Biweekly 2,892.85 3,037.49 3,189.36 3,348.83 3,516.27 Monthly 6,267.83 6,581.22 6,910.28 7,255.80 7,618.59 Annual 75,213.98 78,974.68 82,923.41 87,069.58 91,423.06 32 Biweekly 2,968.35 3,116.77 3,272.61 3,436.24 3,608.05 Monthly 6,431.43 6,753.01 7,090.66 7,445.19 7,817.45 Annual 77,177.22 81,036.08 85,087.88 89,342.28 93,809.39 33 Biweekly 3,041.63 3,193.71 3,353.39 3,521.06 3,697.12 Monthly 6,590.19 6,919.70 7,265.69 7,628.97 8,010.42 Annual 79,082.29 83,036.40 87,188.23 91,547.64 96,125.02 Page 66 of 561 Exhibit "C" RANGE A B C D E Positions 31 Biweekly 3,402.40 3,572.52 3,751.15 3,938.70 4,135.64 Police Officer Monthly 7,371.87 7,740.46 8,127.48 8,533.86 8,960.55 Annual 88,462.39 92,885.51 97,529.79 102,406.28 107,526.59 32 Biweekly 3,487.13 3,661.48 3,844.56 4,036.79 4,238.63 Monthly 7,555.44 7,933.22 8,329.88 8,746.37 9,183.69 Annual 90,665.32 95,198.59 99,958.52 104,956.44 110,204.26 33 Biweekly 3,573.12 3,751.78 3,939.37 4,136.33 4,343.15 Monthly 7,741.76 8,128.85 8,535.29 8,962.06 9,410.16 Annual 92,901.13 97,546.19 102,423.49 107,544.67 112,921.90 34 Biweekly 3,666.07 3,849.37 4,041.84 4,243.93 4,456.13 Monthly 7,943.15 8,340.31 8,757.32 9,195.19 9,654.95 Annual 95,317.77 100,083.66 105,087.85 110,342.24 115,859.35 35 Biweekly 3,757.12 3,944.98 4,142.22 4,349.34 4,566.80 Sr. Police Officer Monthly 8,140.43 8,547.45 8,974.82 9,423.56 9,894.74 Annual 97,685.10 102,569.36 107,697.82 113,082.72 118,736.85 36 Biweekly 3,850.07 4,042.57 4,244.70 4,456.93 4,679.78 Monthly 8,341.81 8,758.90 9,196.85 9,656.69 10,139.52 Annual 100,101.75 105,106.83 110,362.18 115,880.28 121,674.30 37 Biweekly 3,946.18 4,143.49 4,350.66 4,568.19 4,796.60 Monthly 8,550.05 8,977.55 9,426.43 9,897.75 10,392.64 Annual 102,600.59 107,730.62 113,117.15 118,773.01 124,711.66 38 Biweekly 4,042.92 4,245.06 4,457.32 4,680.18 4,914.19 Monthly 8,759.66 9,197.64 9,657.52 10,140.40 10,647.42 Annual 105,115.88 110,371.67 115,890.25 121,684.77 127,769.00 39 Biweekly 4,145.35 4,352.62 4,570.25 4,798.76 5,038.70 Monthly 8,981.59 9,430.67 9,902.21 10,397.32 10,917.18 Annual 107,779.12 113,168.07 118,826.48 124,767.80 131,006.19 CITY OF ARROYO GRANDE EFFECTIVE 07/05/24 SCHEDULE OF SALARY RANGES-POLICE SWORN Page 67 of 561 Exhibit "C" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 07/05/24 SCHEDULE OF SALARY RANGES-POLICE SWORN 40 Biweekly 4,246.52 4,458.84 4,681.79 4,915.88 5,161.67 Monthly 9,200.79 9,660.83 10,143.87 10,651.06 11,183.62 Annual 110,409.48 115,929.96 121,726.45 127,812.78 134,203.41 41 Biweekly 4,354.64 4,572.37 4,800.99 5,041.04 5,293.09 Monthly 9,435.06 9,906.81 10,402.15 10,922.26 11,468.37 Annual 113,220.68 118,881.72 124,825.80 131,067.09 137,620.45 42 Biweekly 4,463.40 4,686.57 4,920.90 5,166.94 5,425.29 Police Sergeant Monthly 9,670.69 10,154.23 10,661.94 11,195.04 11,754.79 Annual 116,048.32 121,850.74 127,943.27 134,340.44 141,057.46 43 Biweekly 4,575.31 4,804.08 5,044.28 5,296.50 5,561.32 Monthly 9,913.18 10,408.84 10,929.28 11,475.75 12,049.53 Annual 118,958.16 124,906.07 131,151.37 137,708.94 144,594.39 44 Biweekly 4,688.50 4,922.92 5,169.07 5,427.52 5,698.90 Monthly 10,158.41 10,666.33 11,199.64 11,759.63 12,347.61 Annual 121,900.88 127,995.92 134,395.72 141,115.51 148,171.28 Page 68 of 561 Exhibit "D" RANGE A B C D E Positions 17 Biweekly 2,117.63 2,223.51 2,334.69 2,451.43 2,574.00 Monthly 4,588.21 4,817.62 5,058.50 5,311.42 5,576.99 Annual 55,058.46 57,811.39 60,701.96 63,737.05 66,923.91 18 Biweekly 2,170.89 2,279.44 2,393.41 2,513.08 2,638.73 Records Clerk Monthly 4,703.60 4,938.78 5,185.72 5,445.01 5,717.26 Annual 56,443.20 59,265.36 62,228.63 65,340.06 68,607.07 19 Biweekly 2,225.31 2,336.57 2,453.40 2,576.07 2,704.88 Monthly 4,821.50 5,062.58 5,315.71 5,581.49 5,860.57 Annual 57,858.05 60,750.95 63,788.50 66,977.92 70,326.82 20 Biweekly 2,281.46 2,395.54 2,515.31 2,641.08 2,773.13 Monthly 4,943.17 5,190.33 5,449.85 5,722.34 6,008.45 Annual 59,318.04 62,283.95 65,398.14 68,668.05 72,101.45 21 Biweekly 2,338.77 2,455.71 2,578.50 2,707.42 2,842.80 Monthly 5,067.35 5,320.71 5,586.75 5,866.09 6,159.39 Annual 60,808.14 63,848.55 67,040.98 70,393.03 73,912.68 22 Biweekly 2,398.40 2,518.32 2,644.24 2,776.45 2,915.27 Records/Property Monthly 5,196.54 5,456.36 5,729.18 6,015.64 6,316.42 Evidence Tech. Annual 62,358.45 65,476.37 68,750.19 72,187.70 75,797.09 23 Biweekly 2,458.61 2,581.54 2,710.62 2,846.15 2,988.45 Monthly 5,326.98 5,593.33 5,873.00 6,166.65 6,474.98 Annual 63,923.81 67,120.00 70,476.00 73,999.80 77,699.79 24 Biweekly 2,520.55 2,646.58 2,778.91 2,917.85 3,063.75 Monthly 5,461.19 5,734.25 6,020.97 6,322.01 6,638.11 Annual 65,534.32 68,811.04 72,251.59 75,864.17 79,657.38 25 Biweekly 2,584.81 2,714.05 2,849.75 2,992.24 3,141.85 Monthly 5,600.42 5,880.44 6,174.46 6,483.19 6,807.35 Annual 67,205.04 70,565.29 74,093.56 77,798.24 81,688.15 CITY OF ARROYO GRANDE EFFECTIVE 07/05/24 SCHEDULE OF SALARY RANGES-POLICE NON-SWORN Page 69 of 561 Exhibit "D" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 07/05/24 SCHEDULE OF SALARY RANGES-POLICE NON-SWORN 26 Biweekly 2,648.49 2,780.91 2,919.96 3,065.96 3,219.25 Monthly 5,738.39 6,025.31 6,326.58 6,642.91 6,975.05 Annual 68,860.71 72,303.74 75,918.93 79,714.88 83,700.62 27 Biweekly 2,713.33 2,848.99 2,991.44 3,141.01 3,298.06 Police Trainee Monthly 5,878.87 6,172.82 6,481.46 6,805.53 7,145.81 Annual 70,546.48 74,073.80 77,777.49 81,666.37 85,749.69 28 Biweekly 2,781.64 2,920.72 3,066.75 3,220.09 3,381.10 Monthly 6,026.88 6,328.22 6,644.63 6,976.87 7,325.71 Annual 72,322.56 75,938.69 79,735.62 83,722.40 87,908.52 29 Biweekly 2,851.68 2,994.27 3,143.98 3,301.18 3,466.24 Monthly 6,178.65 6,487.58 6,811.96 7,152.56 7,510.19 Annual 74,143.79 77,850.98 81,743.53 85,830.71 90,122.24 30 Biweekly 2,920.57 3,066.60 3,219.93 3,380.93 3,549.98 Monthly 6,327.91 6,644.31 6,976.52 7,325.35 7,691.61 Annual 75,934.92 79,731.67 83,718.25 87,904.17 92,299.37 31 Biweekly 2,994.09 3,143.80 3,300.99 3,466.04 3,639.34 Monthly 6,487.21 6,811.57 7,152.14 7,509.75 7,885.24 Annual 77,846.47 81,738.79 85,825.73 90,117.02 94,622.87 32 Biweekly 3,072.25 3,225.86 3,387.15 3,556.51 3,734.34 Monthly 6,656.54 6,989.36 7,338.83 7,705.77 8,091.06 Annual 79,878.42 83,872.34 88,065.96 92,469.26 97,092.72 33 Biweekly 3,148.08 3,305.49 3,470.76 3,644.30 3,826.52 Monthly 6,820.85 7,161.89 7,519.98 7,895.98 8,290.78 Annual 81,850.17 85,942.68 90,239.81 94,751.80 99,489.39 Page 70 of 561 Exhibit "E" RANGE A B C D E Positions 31 Biweekly 3,521.48 3,697.56 3,882.44 4,076.56 4,280.39 Police Officer Monthly 7,629.88 8,011.38 8,411.94 8,832.54 9,274.17 Annual 91,558.58 96,136.50 100,943.33 105,990.50 111,290.02 32 Biweekly 3,609.18 3,789.64 3,979.12 4,178.07 4,386.98 Monthly 7,819.88 8,210.88 8,621.42 9,052.49 9,505.12 Annual 93,838.61 98,530.54 103,457.06 108,629.92 114,061.41 33 Biweekly 3,698.18 3,883.09 4,077.24 4,281.11 4,495.16 Monthly 8,012.72 8,413.36 8,834.03 9,275.73 9,739.51 Annual 96,152.67 100,960.30 106,008.32 111,308.73 116,874.17 34 Biweekly 3,794.38 3,984.10 4,183.30 4,392.47 4,612.09 Monthly 8,221.16 8,632.22 9,063.83 9,517.02 9,992.87 Annual 98,653.90 103,586.59 108,765.92 114,204.22 119,914.43 35 Biweekly 3,888.62 4,083.05 4,287.20 4,501.56 4,726.64 Sr. Police Officer Monthly 8,425.34 8,846.61 9,288.94 9,753.38 10,241.05 Annual 101,104.08 106,159.28 111,467.25 117,040.61 122,892.64 36 Biweekly 3,984.82 4,184.06 4,393.26 4,612.93 4,843.57 Monthly 8,633.78 9,065.46 9,518.74 9,994.67 10,494.41 Annual 103,605.31 108,785.57 114,224.85 119,936.09 125,932.90 37 Biweekly 4,084.29 4,288.51 4,502.93 4,728.08 4,964.48 Monthly 8,849.30 9,291.77 9,756.35 10,244.17 10,756.38 Annual 106,191.61 111,501.19 117,076.25 122,930.07 129,076.57 38 Biweekly 4,184.42 4,393.64 4,613.32 4,843.99 5,086.19 Monthly 9,066.24 9,519.56 9,995.53 10,495.31 11,020.08 Annual 108,794.93 114,234.68 119,946.41 125,943.73 132,240.92 39 Biweekly 4,290.44 4,504.96 4,730.21 4,966.72 5,215.05 Monthly 9,295.95 9,760.75 10,248.78 10,761.22 11,299.28 Annual 111,551.39 117,128.96 122,985.41 129,134.68 135,591.41 CITY OF ARROYO GRANDE EFFECTIVE 07/04/25 SCHEDULE OF SALARY RANGES-POLICE SWORN Page 71 of 561 Exhibit "E" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 07/04/25 SCHEDULE OF SALARY RANGES-POLICE SWORN 40 Biweekly 4,395.15 4,614.90 4,845.65 5,087.93 5,342.33 Monthly 9,522.82 9,998.96 10,498.91 11,023.85 11,575.04 Annual 114,273.81 119,987.50 125,986.88 132,286.22 138,900.53 41 Biweekly 4,507.05 4,732.41 4,969.03 5,217.48 5,478.35 Monthly 9,765.28 10,253.55 10,766.23 11,304.54 11,869.76 Annual 117,183.41 123,042.58 129,194.70 135,654.44 142,437.16 42 Biweekly 4,619.62 4,850.60 5,093.13 5,347.78 5,615.17 Police Sergeant Monthly 10,009.17 10,509.63 11,035.11 11,586.86 12,166.21 Annual 120,110.01 126,115.51 132,421.29 139,042.35 145,994.47 43 Biweekly 4,735.45 4,972.22 5,220.83 5,481.88 5,755.97 Monthly 10,260.14 10,773.15 11,311.81 11,877.40 12,471.27 Annual 123,121.70 129,277.78 135,741.67 142,528.75 149,655.19 44 Biweekly 4,852.59 5,095.22 5,349.98 5,617.48 5,898.36 Monthly 10,513.95 11,039.65 11,591.63 12,171.21 12,779.77 Annual 126,167.41 132,475.78 139,099.57 146,054.55 153,357.28 Page 72 of 561 Exhibit "F" RANGE A B C D E Positions 17 Biweekly 2,191.75 2,301.34 2,416.40 2,537.23 2,664.09 Monthly 4,748.79 4,986.23 5,235.54 5,497.32 5,772.19 Annual 56,985.51 59,834.79 62,826.52 65,967.85 69,266.24 18 Biweekly 2,246.87 2,359.22 2,477.18 2,601.04 2,731.09 Records Clerk Monthly 4,868.23 5,111.64 5,367.22 5,635.58 5,917.36 Annual 58,418.72 61,339.65 64,406.63 67,626.97 71,008.31 19 Biweekly 2,303.20 2,418.36 2,539.27 2,666.24 2,799.55 Monthly 4,990.26 5,239.77 5,501.76 5,776.85 6,065.69 Annual 59,883.08 62,877.23 66,021.09 69,322.15 72,788.26 20 Biweekly 2,361.31 2,479.38 2,603.35 2,733.52 2,870.19 Monthly 5,116.18 5,371.99 5,640.59 5,922.62 6,218.75 Annual 61,394.18 64,463.88 67,687.08 71,071.43 74,625.00 21 Biweekly 2,420.63 2,541.66 2,668.75 2,802.18 2,942.29 Monthly 5,244.70 5,506.94 5,782.28 6,071.40 6,374.97 Annual 62,936.43 66,083.25 69,387.41 72,856.78 76,499.62 22 Biweekly 2,482.35 2,606.46 2,736.79 2,873.63 3,017.31 Records/Property Monthly 5,378.42 5,647.34 5,929.70 6,226.19 6,537.50 Evidence Tech. Annual 64,541.00 67,768.05 71,156.45 74,714.27 78,449.98 23 Biweekly 2,544.66 2,671.89 2,805.49 2,945.76 3,093.05 Monthly 5,513.43 5,789.10 6,078.55 6,382.48 6,701.61 Annual 66,161.14 69,469.20 72,942.66 76,589.79 80,419.28 24 Biweekly 2,608.77 2,739.21 2,876.17 3,019.98 3,170.98 Monthly 5,652.34 5,934.95 6,231.70 6,543.28 6,870.45 Annual 67,828.02 71,219.42 74,780.40 78,519.42 82,445.39 25 Biweekly 2,675.28 2,809.04 2,949.49 3,096.97 3,251.82 Monthly 5,796.43 6,086.26 6,390.57 6,710.10 7,045.60 Annual 69,557.22 73,035.08 76,686.83 80,521.17 84,547.23 CITY OF ARROYO GRANDE EFFECTIVE 07/04/25 SCHEDULE OF SALARY RANGES-POLICE NON-SWORN Page 73 of 561 Exhibit "F" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 07/04/25 SCHEDULE OF SALARY RANGES-POLICE NON-SWORN 26 Biweekly 2,741.19 2,878.25 3,022.16 3,173.27 3,331.93 Monthly 5,939.24 6,236.20 6,548.01 6,875.41 7,219.18 Annual 71,270.83 74,834.37 78,576.09 82,504.90 86,630.14 27 Biweekly 2,808.29 2,948.71 3,096.14 3,250.95 3,413.50 Police Trainee Monthly 6,084.63 6,388.87 6,708.31 7,043.72 7,395.91 Annual 73,015.61 76,666.39 80,499.70 84,524.69 88,750.92 28 Biweekly 2,878.99 3,022.94 3,174.09 3,332.80 3,499.44 Monthly 6,237.82 6,549.71 6,877.20 7,221.06 7,582.11 Annual 74,853.85 78,596.54 82,526.37 86,652.69 90,985.32 29 Biweekly 2,951.49 3,099.07 3,254.02 3,416.72 3,587.56 Monthly 6,394.90 6,714.65 7,050.38 7,402.90 7,773.04 Annual 76,738.82 80,575.77 84,604.55 88,834.78 93,276.52 30 Biweekly 3,022.79 3,173.93 3,332.63 3,499.26 3,674.23 Monthly 6,549.39 6,876.86 7,220.70 7,581.73 7,960.82 Annual 78,592.65 82,522.28 86,648.39 90,980.81 95,529.85 31 Biweekly 3,098.89 3,253.83 3,416.52 3,587.35 3,766.72 Monthly 6,714.26 7,049.97 7,402.47 7,772.59 8,161.22 Annual 80,571.09 84,599.65 88,829.63 93,271.11 97,934.67 32 Biweekly 3,179.78 3,338.76 3,505.70 3,680.99 3,865.04 Monthly 6,889.51 7,233.99 7,595.69 7,975.47 8,374.25 Annual 82,674.17 86,807.87 91,148.27 95,705.68 100,490.97 33 Biweekly 3,258.27 3,421.18 3,592.24 3,771.85 3,960.44 Monthly 7,059.58 7,412.56 7,783.18 8,172.34 8,580.96 Annual 84,714.93 88,950.67 93,398.21 98,068.12 102,971.52 Page 74 of 561 Exhibit "G" RANGE A B C D E Positions 31 Biweekly 3,644.74 3,826.97 4,018.32 4,219.24 4,430.20 Police Officer Monthly 7,896.93 8,291.77 8,706.36 9,141.68 9,598.76 Annual 94,763.13 99,501.28 104,476.35 109,700.16 115,185.17 32 Biweekly 3,735.50 3,922.27 4,118.39 4,324.31 4,540.52 Monthly 8,093.58 8,498.26 8,923.17 9,369.33 9,837.80 Annual 97,122.96 101,979.11 107,078.06 112,431.96 118,053.56 33 Biweekly 3,827.62 4,019.00 4,219.95 4,430.94 4,652.49 Monthly 8,293.17 8,707.83 9,143.22 9,600.38 10,080.40 Annual 99,518.01 104,493.91 109,718.61 115,204.54 120,964.77 34 Biweekly 3,927.18 4,123.54 4,329.72 4,546.21 4,773.52 Monthly 8,508.90 8,934.34 9,381.06 9,850.11 10,342.62 Annual 102,106.78 107,212.12 112,572.73 118,201.36 124,111.43 35 Biweekly 4,024.72 4,225.96 4,437.25 4,659.12 4,892.07 Sr. Police Officer Monthly 8,720.23 9,156.24 9,614.05 10,094.75 10,599.49 Annual 104,642.72 109,874.86 115,368.60 121,137.03 127,193.88 36 Biweekly 4,124.29 4,330.50 4,547.03 4,774.38 5,013.10 Monthly 8,935.96 9,382.76 9,851.89 10,344.49 10,861.71 Annual 107,231.49 112,593.07 118,222.72 124,133.86 130,340.55 37 Biweekly 4,227.24 4,438.61 4,660.54 4,893.56 5,138.24 Monthly 9,159.03 9,616.98 10,097.83 10,602.72 11,132.85 Annual 109,908.32 115,403.73 121,173.92 127,232.62 133,594.25 38 Biweekly 4,330.88 4,547.42 4,774.79 5,013.53 5,264.21 Monthly 9,383.56 9,852.74 10,345.38 10,862.65 11,405.78 Annual 112,602.75 118,232.89 124,144.54 130,351.76 136,869.35 39 Biweekly 4,440.60 4,662.63 4,895.77 5,140.55 5,397.58 Monthly 9,621.31 10,102.37 10,607.49 11,137.87 11,694.76 Annual 115,455.69 121,228.47 127,289.89 133,654.39 140,337.11 CITY OF ARROYO GRANDE EFFECTIVE 07/03/26 SCHEDULE OF SALARY RANGES-POLICE SWORN Page 75 of 561 Exhibit "G" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 07/03/26 SCHEDULE OF SALARY RANGES-POLICE SWORN 40 Biweekly 4,548.98 4,776.43 5,015.25 5,266.01 5,529.31 Monthly 9,856.12 10,348.92 10,866.37 11,409.69 11,980.17 Annual 118,273.40 124,187.07 130,396.42 136,916.24 143,762.05 41 Biweekly 4,664.80 4,898.04 5,142.94 5,400.09 5,670.09 Monthly 10,107.07 10,612.42 11,143.04 11,700.20 12,285.21 Annual 121,284.82 127,349.07 133,716.52 140,402.35 147,422.46 42 Biweekly 4,781.30 5,020.37 5,271.39 5,534.96 5,811.70 Police Sergeant Monthly 10,359.49 10,877.46 11,421.34 11,992.40 12,592.02 Annual 124,313.86 130,529.56 137,056.03 143,908.84 151,104.28 43 Biweekly 4,901.19 5,146.25 5,403.56 5,673.74 5,957.43 Monthly 10,619.25 11,150.21 11,707.72 12,293.11 12,907.76 Annual 127,430.96 133,802.50 140,492.63 147,517.26 154,893.12 44 Biweekly 5,022.43 5,273.56 5,537.23 5,814.09 6,104.80 Monthly 10,881.94 11,426.04 11,997.34 12,597.20 13,227.07 Annual 130,583.27 137,112.43 143,968.05 151,166.46 158,724.78 Page 76 of 561 Exhibit "H" RANGE A B C D E Positions 17 Biweekly 2,268.46 2,381.88 2,500.98 2,626.03 2,757.33 Monthly 4,915.00 5,160.75 5,418.79 5,689.73 5,974.21 Annual 58,980.00 61,929.00 65,025.45 68,276.73 71,690.56 18 Biweekly 2,325.51 2,441.79 2,563.88 2,692.07 2,826.68 Records Clerk Monthly 5,038.61 5,290.54 5,555.07 5,832.83 6,124.47 Annual 60,463.37 63,486.54 66,660.87 69,993.91 73,493.60 19 Biweekly 2,383.81 2,503.00 2,628.15 2,759.55 2,897.53 Monthly 5,164.92 5,423.16 5,694.32 5,979.04 6,277.99 Annual 61,978.99 65,077.93 68,331.83 71,748.42 75,335.84 20 Biweekly 2,443.96 2,566.16 2,694.47 2,829.19 2,970.65 Monthly 5,295.25 5,560.01 5,838.01 6,129.91 6,436.41 Annual 63,542.97 66,720.12 70,056.13 73,558.93 77,236.88 21 Biweekly 2,505.35 2,630.62 2,762.15 2,900.26 3,045.27 Monthly 5,428.27 5,699.68 5,984.66 6,283.90 6,598.09 Annual 65,139.20 68,396.16 71,815.97 75,406.77 79,177.11 22 Biweekly 2,569.23 2,697.69 2,832.57 2,974.20 3,122.91 Records/Property Monthly 5,566.66 5,844.99 6,137.24 6,444.11 6,766.31 Evidence Tech. Annual 66,799.93 70,139.93 73,646.92 77,329.27 81,195.73 23 Biweekly 2,633.72 2,765.41 2,903.68 3,048.86 3,201.31 Monthly 5,706.40 5,991.72 6,291.30 6,605.87 6,936.16 Annual 68,476.78 71,900.62 75,495.65 79,270.44 83,233.96 24 Biweekly 2,700.08 2,835.08 2,976.83 3,125.68 3,281.96 Monthly 5,850.17 6,142.68 6,449.81 6,772.30 7,110.91 Annual 70,202.00 73,712.10 77,397.71 81,267.59 85,330.97 25 Biweekly 2,768.91 2,907.36 3,052.73 3,205.36 3,365.63 Monthly 5,999.31 6,299.28 6,614.24 6,944.95 7,292.20 Annual 71,991.72 75,591.31 79,370.87 83,339.41 87,506.39 CITY OF ARROYO GRANDE EFFECTIVE 07/03/26 SCHEDULE OF SALARY RANGES-POLICE NON-SWORN Page 77 of 561 Exhibit "H" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 07/03/26 SCHEDULE OF SALARY RANGES-POLICE NON-SWORN 26 Biweekly 2,837.13 2,978.98 3,127.93 3,284.33 3,448.55 Monthly 6,147.11 6,454.46 6,777.19 7,116.05 7,471.85 Annual 73,765.31 77,453.58 81,326.26 85,392.57 89,662.20 27 Biweekly 2,906.58 3,051.91 3,204.51 3,364.73 3,532.97 Police Trainee Monthly 6,297.60 6,612.48 6,943.10 7,290.25 7,654.77 Annual 75,571.15 79,349.71 83,317.19 87,483.05 91,857.21 28 Biweekly 2,979.76 3,128.75 3,285.18 3,449.44 3,621.92 Monthly 6,456.14 6,778.95 7,117.90 7,473.79 7,847.48 Annual 77,473.73 81,347.42 85,414.79 89,685.53 94,169.81 29 Biweekly 3,054.80 3,207.54 3,367.91 3,536.31 3,713.12 Monthly 6,618.72 6,949.66 7,297.14 7,662.00 8,045.10 Annual 79,424.68 83,395.92 87,565.71 91,944.00 96,541.20 30 Biweekly 3,128.59 3,285.02 3,449.27 3,621.74 3,802.82 Monthly 6,778.62 7,117.55 7,473.42 7,847.09 8,239.45 Annual 81,343.39 85,410.56 89,681.08 94,165.14 98,873.40 31 Biweekly 3,207.35 3,367.72 3,536.10 3,712.91 3,898.55 Monthly 6,949.26 7,296.72 7,661.56 8,044.63 8,446.86 Annual 83,391.08 87,560.63 91,938.67 96,535.60 101,362.38 32 Biweekly 3,291.07 3,455.62 3,628.40 3,809.82 4,000.31 Monthly 7,130.65 7,487.18 7,861.54 8,254.62 8,667.35 Annual 85,567.76 89,846.15 94,338.46 99,055.38 104,008.15 33 Biweekly 3,372.31 3,540.92 3,717.97 3,903.87 4,099.06 Monthly 7,306.66 7,672.00 8,055.60 8,458.38 8,881.29 Annual 87,679.95 92,063.95 96,667.14 101,500.50 106,575.53 Page 78 of 561 Item 9.d. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director Tashina Ureno, Human Resources Officer SUBJECT: Consideration of Memorandum of Understanding with the Service Employees International Union Local 620 DATE: September 12, 2023 SUMMARY OF ACTION: Entering into a new Memorandum of Understanding (MOU) with the Service Employees International Union Local 620 (SEIU) will provide equity adjustments, establish the wages, hours and other working conditions for employees represented by the bargaining group for Fiscal Years 2023-24 through 2025-26 (2 years). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Total costs over the two-year contract period are approximately $288,700 total compensation for the represented group. The FY 2023-24 total estimated cost is $125,700 and is included in the fiscal year budget. The FY 2024-25 budget will be amended to reflect the additional change during the mid -cycle budget review in June 2024. Approval of the two-year MOU will result in significant savings in staff time and consultant services compared with negotiating annually. RECOMMENDATION: 1) Adopt a Resolution approving the proposed MOU with the SEIU for Fiscal Years 2023- 24 through 2025-26; 2) Determine 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.). BACKGROUND: The prior SEIU MOU contract was for the period July 1, 2021, through June 30, 2024. The existing SEIU MOU will expire on June 30, 2024. The City completed a Salary Survey that showed that some positions within the SEIU classifications were under the median when compared to neighboring agencies. The City reached out to SEIU to address these Page 79 of 561 Item 9.d. City Council Consideration of Memorandum of Understanding with the Service Employees International Union Local 620 September 12, 2023 Page 2 discrepancies in June 2023 and negotiations have been under way for the past several months for a successor MOU. The terms of the proposed MOU were voted on and approved by the SEIU’s membership on Thursday, September 7, 2023. On June 27, 2023, Council approved the most current salary schedule that addressed contracted cost of living adjustments (COLA) for FY 2023 -24. ANALYSIS OF ISSUES: Substantive changes to the SEIU salary and benefits recommended in the successor MOU include the following:  Equity Adjustment for all positions at 5% in FY 2023-24  All employees will receive a 3.5% salary increase each fiscal year (FY 2024-25 and FY 2025-26).  Employees participating in the City’s full flex cafeteria plan shall receive a flex dollar allowance to purchase group health coverage for medical, dental and vision under the City’s Cafeteria Plan. For the period of January 1, 2024, through December 1, 2024, the monthly flex dollar allowance shall be $885.28 with respect to an employee enrolled for self alone, $1,684.24 for an employee enrolled for self and one family member, and $2,172.96 for any employee enrolled for self and two or more qualified dependents.  The City will adjust the cafeteria plan amount to pay 50% of the increase in the cost of the lowest cost PPO medical plan available to the City up to a maximum of a 5% increase in premiums for City's contribution each year. This provision was previously the lowest cost HMO medical plan available to the City.  Adjust the holiday schedule to remove Lincoln’s birthday and add Juneteenth as a holiday on June 19th of each year or following workday if June 19th lands on a weekend. Salary and other compensation adjustments will become effective on September 15, 2023, which is the first day of the first full pay period after this Council meeting. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution approving the proposed SEIU MOU; 2. Do not adopt the Resolution; or 3. Provide other direction to staff. ADVANTAGES: Approval of the MOU will help maintain competitive salaries and benefits for employees. Adjusting employee salaries and benefits to meet the median salary comparative to similar cites will allow for employee retention, avoid the cost of training new employees, and ultimately allow for city serves to be accomplished consistently. Page 80 of 561 Item 9.d. City Council Consideration of Memorandum of Understanding with the Service Employees International Union Local 620 September 12, 2023 Page 3 DISADVANTAGES: The recommendation will increase costs to current and future budgets. ENVIRONMENTAL REVIEW: Approval of the 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.) 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 – Memorandum of Understanding between Service Employees International Union Local 620 Arroyo Grande Chapter and City of Arroyo Grande Page 81 of 561 ATTACHMENT 1 RESOLUTION NO. 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 WHEREAS, the City Council deems it to be in the best interest of the City of Arroyo Grande and its employees represented by the Service Employees International Union Local 620 that compensation be fixed for all full-time non-management employees as herein provided; and WHEREAS, the City has established compensation and working conditions through the meet and confer process with the designated employee representatives as set forth in Exhibit “A”; entitled Memorandum of Understanding between the City of Arroyo Grande and the Service Employees International Union Local 620 (“SEIU MOU”), a copy of which is attached hereto and incorporated herein by this reference. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that the SEIU MOU is hereby approved. This Resolution shall be effective as of July 1, 2023. BE IT FURTHER RESOLVED that this Resolution shall repeal those sections of Resolution No. 5093, which established salary and benefits for full-time employees represented by the Service Employees International Union Local 620. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 12th day of September, 2023. Page 82 of 561 ATTACHMENT 1 RESOLUTION NO. PAGE 2 ______________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ______________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: _______________________________________ BILL ROBESON, INTERIM CITY MANAGER APPROVED TO AS FORM: _______________________________________ ISAAC ROSEN, CITY ATTORNEY Page 83 of 561 2023/24 – 2025/26(Two Year) MEMORANDUM OF UNDERSTANDING BETWEEN SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 Arroyo Grande Chapter AND CITY OF ARROYO GRANDE EXHIBIT A Page 84 of 561 2023/24 – 2025/26 MEMORANDUM OF UNDERSTANDING SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 ARROYO GRANDE CHAPTER TABLE OF CONTENTS ARTICLE 1: TERM OF MEMORANDUM …………………………………. 1 ARTICLE 2: RECOGNITION .………………………………………………. 1 ARTICLE 3: NONDISCRIMINATION ..…………………………………….. 1 ARTICLE 4: UNION RIGHTS ..……………………………………………… 2 4.1 Representation ..……………………………………… 2 4.2 Bulletin Board ..………………………………………. 2 4.3 Union Stewards ..…………………………………….. 2 4.4 Dues Deduction ……………………………………… 3 4.5 Use of City Facilities ……..…………………………. 4 4.6 Contracting Out …..………………………………….. 4 ARTICLE 5: GRIEVANCE PROCEDURE ..………..……………………… 4 ARTICLE 6: DISCIPLINARY APPEAL PROCEDURE ....……………….. 8 ARTICLE 7: MANAGEMENT RIGHTS ..…………………………………… 9 ARTICLE 8: WAGES / INCREASES ..……………………………………… 10 8.1 Advancement in Salary ..……………………………. 12 8.2 Paychecks ..…………………………………………… 13 8.3 Educational Pay .…………………………………….. 13 8.4 Shift Differential …………………………………..….. 14 8.5 Merit Increases ……………………………………….. 14 ARTICLE 9: NO STRIKE / NO LOCKOUT ..………………………………. 14 ARTICLE 10: SPECIAL PAY PRACTICES ………………………………… 14 10.1 Flex-Time Schedules ……………………………….. 14 10.2 Use of Private Vehicle/Mileage Rate ……………... 14 10.3 Callback Pay ………………………………………….. 15 10.4 Hours of Work and Overtime ………………………. 15 10.5 Standby Pay …………………………………………... 15 10.6 Rest Periods and Breaks …………………………… 16 10.7 Alternate Work Schedules .………………………… 16 10.8 Bilingual Pay ..…………….………………………….. 16 10.9 Water Treatment and Distribution Cert. Pay.......... 16 10.10 Class A and B Licenses ……………………………. 17 Page 85 of 561 SEIU MOU – TABLE OF CONTENTS (continued) ARTICLE 11: INSURANCE …………………………………………………… 17 11.1 Medical Insurance Benefits ………………………… 17 11.2 Cafeteria Plan …….…………………………………... 18 11.3 Vision Insurance ……………………………………... 19 11.4 Life Insurance Plan ………………………………….. 19 11.5 State Disability Insurance ………………………….. 19 11.6 Dental Insurance Plan ………………………………. 20 ARTICLE 12: HOLIDAY LEAVE …………………………………………….. 20 ARTICLE 13: VACATION LEAVE …………………………………………… 21 ARTICLE 14: SICK LEAVE ………………………………………………….. 22 ARTICLE 15: LEAVES OF ABSENCE ……………………………………… 23 15.1 Bereavement Leave …………………………………. 23 15.2 Family Leave …………………………………………. 23 15.3 Medical Leave ………………………………………… 24 15.4 Emergency Leave ……………………………………. 24 15.5 Jury Duty ………………………………………………. 25 15.6 Military Leave …………………………………………. 25 ARTICLE 16: UNIFORM ALLOWANCE ……………………………………. 25 16.1 Safety Shoes ………………………………………….. 25 16.2 Safety Glasses ………………………………………… 26 ARTICLE 17: RETIREMENT …………………………………………………. 26 17.1 PERS Retirement Contributions …………………… 26 17.2 Retirement Defined …………………………………… 27 17.3 Retiree Medical ……………………………………….. 27 ARTICLE 18: PROBATIONARY PERIOD …………………………………. 28 ARTICLE 19: PROMOTION …………………………………………………. 28 ARTICLE 20: PROMOTIONAL OPPORTUNITIES ……………………….. 29 20.1 Posting ………………………………………………… 29 20.2 Selection ………………….…………………………… 29 20.3 Recommended Candidates …………….………….. 30 20.4 Appointment ……………………...……….………….. 30 Page 86 of 561 SEIU MOU – TABLE OF CONTENTS (continued) ARTICLE 21: MAINTENANCE WORKER JOB SERIES………………….. 30 ARTICLE 22: ENGINEER JOB SERIES…………………….……………….. 30 ARTICLE 23: TRANSFERS …………………………………………………. 31 ARTICLE 24: DEMOTION …………………………………………………… 31 ARTICLE 25: LAYOFFS AND DISPLACEMENT ………………………… 31 ARTICLE 26: PERSONNEL RECORDS …………………………………… 32 ARTICLE 27: RESIGNATION ……………………………………………….. 33 ARTICLE 28: OUTSIDE EMPLOYMENT …………………………………… 33 ARTICLE 29: POSITION VACANCIES ……………………………………… 33 ARTICLE 30: POSITION CLASSIFICATION ………………………………. 33 ARTICLE 31: PROFESSIONAL DEVELOPMENT ………………………… 34 ARTICLE 32: UNIT ASSIGNMENTS ………………………………………… 34 ARTICLE 33: MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS ………………………………………………….. 35 ARTICLE 34: M.O.U. IMPLEMENTATION …………………………………. 35 ARTICLE 35: OBLIGATION TO MEET AND WAIVER CLAUSE ……….. 35 ARTICLE 36: SAVINGS CLAUSE …………………………………………… 35 ARTICLE 37: POLICY CONFLICTS…………………………………………… 35 Page 87 of 561 1 2023/24 – 2025/26 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARROYO GRANDE AND LOCAL 620, SERVICE EMPLOYEES INTERNATIONAL UNION, ARROYO GRANDE CHAPTER THE PARTIES HAVE MET AND CONFERRED IN GOOD FAITH REGARDING EMPLOYMENT TERMS AND CONDITIONS FOR THE EMPLOYEES COMPRISING THE ABOVE RECOGNIZED EMPLOYEE ORGANIZATION FOR THE GENERAL SERVICES UNIT AND SUPERVISORS UNIT AND, HAVING REACHED AGREEMENT, AS HEREIN SET FORTH, SUBMIT THIS MEMORANDUM OF UNDERSTANDING TO THE CITY COUNCIL, WITH JOINT RECOMMENDATION THAT COUNCIL ADOPT THE TERMS AND CONDITIONS AND TAKE SUCH OTHER ADDITIONAL ACTIONS AS MAY BE NECESSARY TO IMPLEMENT ITS PROVISIONS. ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING The term of Memorandum of Understanding shall be from July 1, 2023 until June 30, 2026, and thereafter shall continue from year to year. Either party may request modification by March 15, 2026, in which event, meeting and conferring shall begin no later than April 15, 2026. ARTICLE 2. RECOGNITION The City recognizes the Union as the sole and exclusive bargaining agent for all permanent classifications in the Supervisory Employees’ representation unit and General Services unit. ARTICLE 3. NONDISCRIMINATION The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby without discrimination because of race, color, sex, physical disability, age, national origin, religious affiliation, or Union membership. Employees may elect to exercise their right to join and participate in the activities of the Union for the purposes of representation in all matters of their working conditions and employer-employee relations. The parties agree that there shall be no restraint, coercion, or interference with any employee with respect to or because of the employee’s membership in said Union. The City and the Union agree that each employee shall be treated equally, fairly, and with dignity and respect. The Union and the City agree to support the Affirmative Action Program established by the City and that there shall be no discrimination within their respective organizations Page 88 of 561 2 ARTICLE 3. NONDISCRIMINATION (continued) because of race, creed, sex preference, color, national origin, age, disability, or political belief. Any party alleging a violation of this article shall have the burden of providing the existence of a discriminatory act or acts and/or proving that, but for such act or acts, the alleged injury or damage to the grievant would not have occurred. Discrimination complaints based on Union membership and/or activity shall continue to be subject to the grievance procedure and arbitration. ARTICLE 4. UNION RIGHTS 4.1 Representation With respect to the meet-and-confer process, three (3) Union representatives shall be the maximum number of employees allowed to meet with City representatives on City time during their normal working hours for the purpose of meeting and conferring in good faith without loss of pay or any benefits. 4.2 Bulletin Board The City will furnish, for the use of the Union, reasonable bulletin board space at reasonable locations. Such bulletin board space shall be used only for the following subjects: - Union recreational, social, and related news bulletins; - Scheduled Union meetings; - Information concerning Union elections or the results thereof; - Reports of official business of Union, including reports of committees or the Board of Directors; and - All material shall clearly state that it is prepared and authorized by the Union. Union agrees that notices posted on City bulletin boards shall not contain anything that may reasonably be construed as maligning the City or its representatives. 4.3 Union Stewards A. The City authorizes the Arroyo Grande Chapter of the Service Employees International Union to appoint three (3) “Union Stewards” and one (1) alternate, any of which may represent an employee subject to the City’s grievance procedure (Article 5). Page 89 of 561 3 ARTICLE 4. UNION RIGHTS (continued) B. The Union shall provide the City Manager with a list of all authorized Union stewards, and the list shall be kept current. C. An employee and/or his/her “Union Steward” representative may, when and to the extent necessary, take official City time, without loss of compensation, in order to participate in the investigation and processing of a grievance as provided for in Article 5, upon notification and approval of the immediate supervisor or his/her designee. D. The City Manager will approve employee and/or Union Steward taking official City time to investigate and process a grievance, when and to the extent necessary, and only if it will in no event adversely affect the operational, security, or safety requirements of the City. E. It is understood that the employee and/or Union Steward shall make every reasonable effort to perform any of the above activities on off- duty time. 4.4 Dues Deduction A. The City agrees to deduct dues twice monthly and remit them to the Union, as approved by the Union Board of Directors and authorized in writing by the individual employees concerned, on forms currently accepted by the City for such deductions. B. For the employees in the unit who authorize Union dues deductions, the City shall automatically continue such dues deduction. C. The City agrees to provide the Union the name and deduction status of all unit employees each pay period for which deductions are made. The report shall include employees hired/transferred into or out of the unit, as well as all those on leaves of absence. D. Financial Documentation. The Union shall, within ninety (90) days after the end of each fiscal year, make available to the City financial documentation that shall meet the requirements of Government Code Section 3502.2. The City agrees to provide the Union the name, department, class, and payroll deduction of all unit employees upon request. Page 90 of 561 4 ARTICLE 4. UNION RIGHTS (continued) 4.4 Dues Deduction (continued) E. Hold Harmless. The Union agrees to indemnify, defend, and hold harmless the City and its officers, employees, and agents against all claims, proceedings, and liabilities arising, directly or indirectly, out of any actions taken or not taken by or on behalf of the City under this Article. 4.5 Use of City Facilities A. The Union may, with prior approval of the City Manager, be granted the use of City facilities for Union business meetings of City employees, provided space is available. No use fee will be charged. B. The City shall provide, at no cost to the Union, a copy of each City Council agenda (Summary Form). By being provided the agenda, the Union acknowledges the City has met its obligation of notification of matters or issues within the scope of representation on the Council Agenda. 4.6 Contracting Out The City agrees to communicate with the Union upon request in regard to the following matters: A. Any proposed subcontracting of services that would result in the elimination of unit member’s job. B. Changes in services that would result in the elimination of unit member’s job. ARTICLE 5. GRIEVANCE PROCEDURE Purpose: This grievance procedure shall be the exclusive process to resolve grievances as the term is defined below: A. To resolve grievances informally at the lowest level. B. To provide an orderly procedure for reviewing and resolving grievances promptly. Page 91 of 561 5 ARTICLE 5. GRIEVANCE PROCEDURE (continued) Definitions: A. Grievance means a complaint by an employee concerning the interpretation or application of the provisions of this M.O.U. or of rules or regulations governing personnel practices or conditions, which complaint has not been resolved satisfactorily in an informal manner between the employee and his/her immediate supervisor. B. As used in this procedure, the term “immediate supervisor” means the individual so designated by City management who assigns, reviews, and directs the work of an employee at the first level. Time Limits: Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure; however, with the written consent of all parties, the time limitation for any step may be extended. Step 1: The grievance initially shall be personally discussed between the employee and his/her immediate supervisor. Within seven (7) working days the immediate supervisor shall give his/her decision or response. The grievant may request this decision or response in writing. Step 2: A. If the grievance is not informally resolved to the satisfaction of the grievant in Step 1 a formal grievance may be initiated. A formal grievance must be initiated. A formal grievance must be initiated no later than: 1. Thirty (30) working days after the event of circumstances occasioning the grievance; or 2. Within seven (7) working calendar days of the Step 1 decision rendered in the informal grievance procedure, whichever is later. B. However, if the Step 1 informal grievance procedure is not initiated within the period specified in subsection (1) above, the period in which to bring the grievance shall not be extended by subsection (2) above. Page 92 of 561 6 ARTICLE 5. GRIEVANCE PROCEDURE (continued) C. A Step 2 grievance shall be initiated in writing on a form prescribed by the City and shall be filed with the person (2) designated by City management who has the responsibility of the next level of supervision within the department. The employee may be represented by a representative of his/her choice. D. The grievant shall cite the specific provision(s) of the Memorandum of Understanding, ordinance, resolution, or written rule claimed to have been violated in effect at such time the alleged incident(s) occurred, set forth the facts that purportedly constitute such violation, and the specific remedy sought. E. Within seven (7) working days after the initiation of the Step 2 grievance, the City’s designated representative for this step shall investigate the grievance and give his/her decision in writing to the grievant. Step 3: A. If the grievant is not satisfied with the decision rendered pursuant to Step 2, he/she may appeal the decision within seven (7) working days to the person designated by the City Manager who has the next level of supervision within the department, if any. The employee may be represented by a representative of his/her choice. B. The designated representative shall respond in writing within seven (7) working days to the grievant. If the designated representative determines it is desirable, he/she shall hold a conference(s) or otherwise investigate the matter. Step 4: A. If a designated representative was used in Step 3 above or none was designated and the grievant is not satisfied with the decision rendered pursuant to Step 2 or 3 as applicable, he/she may appeal the decision within seven (7) working days to the City Manager. The employee may be represented by a representative of his/her choice. B. The City Manager shall respond in writing within seven (7) working days to the grievant. If the City Manager determines it is desirable, he/she shall hold a conference(s) or otherwise investigate the matter. Page 93 of 561 7 ARTICLE 5. GRIEVANCE PROCEDURE (continued) Step 5: If the grievance is not resolved satisfactorily at the above Step(s), the grievant, with the written concurrence of the Union, within ten (10) days, excluding holidays, may submit the grievance to binding arbitration. Upon mutual agreement of both parties, the time deadline may be extended for a specified number of days. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within ten (10) working days after said notice is given. If the two parties fail to reach agreement on an arbitrator within five (5) days, the State Conciliation Service will be requested to supply a list of five (5) names. Each party will alternately strike from the list until A. only one (1) name remains. The order of striking will be determined by lot. B. The arbitrator shall hold a hearing within ten (10) working days of his/her appointment. Five (5) working days’ notice will be given to all parties of the time and place of the hearing. Within ten (10) working days after completion of the hearing, the arbitrator shall render the decision in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or violates the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include a decision for reimbursement for financial loss of wages or fringe benefits or other non-financial remedies as judged to be proper. The arbitrator shall submit to all parties his/her findings that shall be binding and final on both parties. C. Nothing in the foregoing shall be construed to empower the arbitrator to make any decision amending, changing, subtracting from, or adding to, the provisions of this Agreement. D. The fees and expenses of the arbitrator shall not be the responsibility of the prevailing party. All other expenses shall be borne by the party incurring them, and neither party shall Page 94 of 561 8 ARTICLE 5. GRIEVANCE PROCEDURE (continued) Step 5: (continued) be responsible for the expense of the witnesses of the other. If any grievance meeting or hearing shall be scheduled during the work day, any worker required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay or benefits for a reasonable amount of time. E. Either party may request an individual to make a written record of the entire arbitration hearing. The cost of the services and expense of such individual shall be paid by the requesting parties upon mutual agreement. F. All documents dealing with the processing of a grievance shall be filed separately from the personnel files of the participants as designated in this Agreement. ARTICLE 6. DISCIPLINARY APPEAL PROCEDURE Effective for discipline initiated after the date of ratification of this M.O.U., appeals from discipline and discharge of unit employees represented by S.E.I.U. Local 620 only, shall be processed exclusively in accordance with this modified appeal procedure. The provisions of this Article apply only to employees represented by S.E.I.U. Local 620 and supersede any conflicting provisions contained in the Personnel Regulations of the City of Arroyo Grande, Section VIII.D – G inclusive for S.E.I.U. represented employees. Employees represented by Local 620 receiving a “Notice of Recommended Disciplinary Action” under Section VIII A. of the Personnel Regulations shall have the right to Union representation if he/she so chooses. The City agrees to send copies of all disciplinary notices for represented employees to the Union by Facsimile (FAX) and U.S. Mail at: (805) 614-7620 (FAX) Local 620, Service Employees’ International Union 114 Vine Street Santa Maria, CA 93454 Nothing in this Article shall preclude an employee and the City Manager from informal discussions and/or settlements prior to the date of the hearing. For the purpose of this M.O.U. and as applied to S.E.I.U. represented employees only; the City’s Disciplinary Action procedure is hereby modified as follows: Page 95 of 561 9 ARTICLE 6. DISCIPLINARY APPEAL PROCEDURE (continued) Section E: Appeal of Disciplinary Action Method of Appeal (S.E.I.U. Only): Appeals shall be in writing and contain a brief statement about the action being appealed and the reason(s) the employee believes the disciplinary action is not appropriate. The letter of appeal shall be filed with the City Manager within five (5) business days of receiving the notice of disciplinary action. Upon the filing of an appeal, the City Manager shall set a date for a hearing on the appeal not less than ten (10) days nor more than sixty (60) days from the date of filing. The City Manager or designated representative shall notify all interested parties of the date, time, and place of hearing. The City Manager will also select a Hearing Officer from either the State Mediation and Conciliation Service (SMCS) or another individual selected from a list provided by the SMCS, provided that the person selected to be the Hearing Officer has experience adjudicating Disciplinary Hearings. Section F: Hearing: No Change to City Personnel Regulations Manual. Section G: Findings of the Hearing Officer: No Change to City Personnel Regulations Manual. Section H: Appeal Procedures: 1. Appeal of Findings by Hearing Officer Other Than City Manager – a., b., c.: No Change to City Personnel Regulations Manual. 2. Appeal of Findings by the City Manager: An employee who believes the City Manager’s Final Decision contains findings of fact that are erroneous or legal conclusions which are arbitrary and/or capricious may appeal such findings and resulting proposed disciplinary action(s). Such appeals shall be made to the City Council. Such appeal shall be filed within twenty (20) working days of receiving the Notice of Disciplinary Action from the City Manager. ARTICLE 7. MANAGEMENT RIGHTS The City retains all its exclusive rights and authority under federal, state, and municipal law and expressly and exclusively retains its management rights, which include, but are not limited to: • the exclusive right to determine the mission of its constituent departments, commissions, boards; Page 96 of 561 10 ARTICLE 7. MANAGEMENT RIGHTS (continued) • set standards and levels of service; • determine the procedures and standards of selection for employment and promotions; • direct its employees; • determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons; • maintain the efficiency of governmental operations; • determine the methods, means and numbers and kinds of persons by which government operations are to be conducted; • determine methods of financing; • determine styles and/or types of City-issued equipment to be used; • determine and/or change the facilities, methods, technology, means, organizational structure, and composition of the work force and allocate and assign work by which the City operations are to be conducted; • determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City. ARTICLE 8. WAGES / INCREASES The S.E.I.U. represents the following employee classifications: ADMINISTRATIVE AND FISCAL SALARY RANGE Information Technology Specialist 38 Geographic Information Systems Technician 34 Senior Accounting Clerk 26 Administrative Secretary 25 Accounting Clerk II 21 Office Assistant II 18 Accounting Clerk I 15 Office Assistant I 14 Page 97 of 561 11 ARTICLE 8. WAGES / INCREASES (continued) RECREATION SERVICES, PUBLIC WORKS AND COMMUNITY DEVELOPMENT SALARY RANGE Senior Engineer 46 Associate Engineer 43 Assistant Engineer 38 Engineering Inspector 38 Program Analyst 38 Citywide Fleet Coordinator 36 Recreation Supervisor 35 Streets Maintenance Supervisor 35 Parks, Tree & Landscape Supervisor 35 Utilities/ Water & Sewer System Supervisor 35 Soto Sports Complex Maintenance & Coordinator Supervisor 35 Public Works Lead Person 31 Parks Lead Worker 31 Fleet Maintenance Coordinator 30 Community Services Specialist 30 Water Services Worker 28 Building Permit Technician 26 Recreation Coordinator 26 Maintenance Worker III 26 Sports Facility Coordinator 26 Plan/Engineer Permit Technician 26 Accounting Clerk II 21 Maintenance Worker II 21 Neighborhood Services Technician 21 Office Assistant II 18 Maintenance Worker I 17 Accounting Clerk I 15 Office Assistant I 14 The City and the S.E.I.U. agree that all position classifications represented by the Union in this Article shall receive salaries as represented in Exhibits “A - C” for the period of first pay period following council agreement on September 12, 2023 through June 30, 2026. A. Following Council Agreement The salaries contained in Exhibit “A” shall reflect a 5% salary increase effective the first full pay period. B. FISCAL YEAR 2024/2025 For FY 2024/2025 salaries contained in Exhibit “B” shall reflect a 3.5% salary increase effective the first day of the first full pay period after July 1, 2024. Page 98 of 561 12 ARTICLE 8. WAGES / INCREASES (continued) C. FISCAL YEAR 2025/2026 For FY 2025/2026 salaries contained in Exhibit “C” shall reflect a 3.5% salary increase effective the first day of the first full pay period after July 1, 2025. 8.1 Advancement in Salary The salary range as set forth for each classification is divided into five (5) steps that shall be interpreted and applied as outlined in this Article. Salary step increases as provided herein are not automatic but based on performance and merit. Employees shall be placed on the step and qualify for increase in compensation for advancement to the next higher step of the pay ranges in the manner following: A. The first step is the minimum rate and normally shall be the hiring rate. B. The second step is granted to employees who are eligible for this adjustment, after completion of the probationary period. The adjustment shall be made only if granted by the Department Director and subject to the approval of the City Manager or his/her designee. C. The third step shall be granted to an employee who has proven fully qualified in a given classification for one (1) full additional year from granting of previous step increase only if granted by the Department Director and subject to the approval of the City Manager or his/her designee. D. The fourth step shall be granted to an employee who has proven above average in a given classification for one (1) full additional year by the Department Director and with the approval of the City Manager or his/her designee. E. The fifth step shall be granted to an employee who has continued to demonstrate above average performance and has demonstrated continued growth in a given classification for one (1) full additional year by the Department Director and with the approval of the City Manager or his/her designee. F. A performance report on each employee recommended for salary advancement shall be prepared and submitted by the Department Director to the City Manager prior to final action on such recommendation at each step. Page 99 of 561 13 ARTICLE 8. WAGES / INCREASES (continued) 8.1 Advancement in Salary (continued) G. An employee must always continue to maintain an acceptable level of performance and shall be evaluated annually by his/her Department Director. If the written evaluation by the Department Director does not support a continued acceptable effort, an individual may be reduced in salary by the Department Director, with the approval of the City Manager or his/her designee. 8.2 Paychecks The City will pay regular checks on a biweekly basis and continue payroll deductions for the County-City Employee Credit Union, when so desired by employees. 8.3 Educational Pay A. The Educational Pay Program is intended to promote the improvement of employee efficiency and the advancement of employees to positions of higher skills. B. Employees may qualify for advancement of one salary range above their position classified range upon receipt of an Associated Arts Degree, in a field relative to their job classification, from an accredited junior college, or upon earning a special license or certificate, deemed to be equivalent to an AA degree and is related to the performance of the employee’s duties and/or assignment, upon recommendation of the Department Director and approval by the City Manager. For purposes of completion of certificated courses related to an employee’s duties and/or assignment equivalency (including those programs resulting in a special license or certificate), or an aggregate of the same which equals or exceeds 720 instructional hours, will be deemed to be equivalent to an AA degree. Any employee who is receiving educational pay for any license or certificate as of July 1, 1999, will continue to receive such pay. C. Employees who possess licenses or certificates as specified in Section B of this Article, totaling less than 720 hours and more than 300 hours, shall qualify for an advancement in salary of $20 per pay period upon recommendation of the Department Director and approval by the City Manager. D. Employees may qualify for advancement of two salary ranges above their position classified range upon receipt of a Bachelor of Science/Bachelor of Arts Degree in a field relative to their job classification, from an accredited college, upon recommendation of the Department Director and approval of the City Manager. Page 100 of 561 14 ARTICLE 8. WAGES / INCREASES (continued) E. Exception: Where job classifications or requirements include an Associated Arts or Bachelor of Science/Bachelor of Arts degree, Section B and Section C, will not apply. F. No additional educational pay shall be made for duplicate, or more than one, AA degree, BA degree, or applicable certificates. 8.4 Shift Differential The City shall pay $.50 (fifty cents) per hour additional wages for each hour worked when at least four and one-half (4 ½) hours are worked between 5:30 P.M. and 7:30 A.M., providing such working assignment has been assigned/approved by the Department Director with the concurrence of the City Manager. Exception to the prior approval provisions shall be granted for emergency call-outs. 8.5 Merit Increases Merit increases will become effective the first day of the next full pay period following the evaluation due date. ARTICLE 9. NO STRIKE / NO LOCKOUT The Union agrees that during the term of this Memorandum of Understanding, neither the Union or the employees it represents will engage in, encourage, sanction, support, or suggest any strikes. The employer agrees that it will not lock out any of its employees during the term of this Memorandum of Understanding. ARTICLE 10. SPECIAL PAY PRACTICES 10.1 Flex-Time Schedules Employees for whom necessity requires a different schedule than that generally applied shall work according to regulations prepared by the respective supervising officials and approved by the City Manager. The City shall specify in writing all changes in work place and hours and provide the affected employees with reasonable notice of these changes. Hours may be altered to permit flex- time. 10.2 Use of Private Vehicle / Mileage Rate An employee who is required to operate his or her own privately-owned automobile for the performance of official duties shall be reimbursed at the rate established by the City Council for each mile necessarily traveled. Such reimbursement shall be paid monthly. Page 101 of 561 15 ARTICLE 10. SPECIAL PAY PRACTICES (continued) 10.3 Callback Pay Callback is defined as that circumstance requiring an employee to unexpectedly return to work after the employee has left work at the end of the employee’s work day or work week. An employee called in early to start his/her work shift, without prior reasonable notice, will also receive time and one-half (1 ½) overtime pay for all extra hours worked, with a minimum call-out of two (2) hours. If an employee receives a second callback within the two-hour window of their first call, then the employee shall only receive additional pay for the time worked beyond the two hours. 10.4 Hours of Work and Overtime The normal working schedule of full-time employees shall be eight (8) hours per day or forty (40) hours per week. All authorized time worked in excess of forty (40) hours per week, or on a holiday recognized in this Memorandum of Understanding, shall be compensated at the rate of one and one-half (1 ½) times the employee’s regular base hourly rate of pay. Time worked for computation of overtime shall include holidays, jury duty, sick leave, bereavement leave, and previously scheduled vacation and compensatory time off, for purposes of this paragraph, and shall be calculated at a maximum of eight (8) hours per day. Overtime shall be computed at the nearest quarter (1/4) hour. At the request of any employee eligible for overtime pay, his/her supervisor will provide that, in lieu of cash payment for any overtime, he/she may have the choice of time off with pay at the rate of one and one-half (1 ½) hours for each hour of overtime worked. Compensatory time off shall be taken at the option of the employee, with the consent of the supervisor. The limit for accrued compensatory time off is 150 hours per employee. Upon separation from employment, an employee is entitled to receive cash compensation for any unused compensatory time. 10.5 Standby Pay Standby duty is defined as that circumstance which requires an employee so assigned to: A. Be ready to respond immediately to a call for service; and B. Be readily available at all hours by telephone. An employee so assigned to standby duty shall receive $3.00 per hour, to begin at the end of the regularly scheduled work day or work week, or other employee’s standby time, and end at the start of the next regularly scheduled work day or the beginning of another employee’s standby time. When an employee is called in and is being paid at his/her normal rate of pay (including overtime), standby pay will not apply. Page 102 of 561 16 ARTICLE 10. SPECIAL PAY PRACTICES (continued) 10.6 Rest Periods and Breaks Employees in all bargaining unit classes are entitled to a fifteen (15) minute duty- free rest period during each four (4) hours of continuous work. A rest period shall count as fifteen (15) minutes of time worked for calculation of pay. Rest periods may be suspended when unusual emergency conditions require continuous performance of duties in order to protect or preserve life or property. 10.7 Alternate Work Schedules The City and the Union agree that under some circumstances alternate work schedules may be beneficial to both employees and the City. Accordingly, employees may request to work an alternative work schedule. Such requests shall be subject to approval by the Department Director and the City Manager. City management reserves the right to remove employees from alternative work schedules. 10.8 Bilingual Pay A. An employee fluent in Spanish or other language, the use of which has been determined by the City Manager to be of benefit to the City, shall be paid $50.00 per month. Fluency shall be certified by a test administered through the City Manager’s Office. A certified employee shall request bilingual pay on a form approved by the City Manager. No more than six employees fluent in one of the identified languages shall be eligible for bilingual pay at any one time. B. The City Manager shall determine which employees, what mix of languages, and which job functions may be eligible for bilingual pay based upon accessibility of the employee to the public, representation in departments, or other factors that could affect the use of these skills for public benefit. Nothing in this section shall preclude the use by an employee of foreign language skills in the work place for the public benefit even if the employee is not receiving bilingual pay. 10.9 Water Treatment and Distribution Certification Pay Employees in the classifications of Maintenance Worker I, II, and III, Water Services Worker, Public Works Lead Person, and Utilities/ Water & Sewer System Supervisor shall receive special pay for certifications received and maintained from the California Department of Public Health. Special pay of 1.25% of base salary shall be available for each Water Treatment Operator Page 103 of 561 17 ARTICLE 10. SPECIAL PAY PRACTICES (continued) 10.9 Water Treatment and Distribution Certification Pay (continued) Certification T1 through T3 and Water Distribution Operator Certification D1 through D4. A maximum of 8.75% shall be available for employees permanently assigned to the Water Services Section and a maximum of 2.5% shall be available for employees assigned to other maintenance operations. Employees shall receive special pay for each certification obtained only as long as each individual certification is maintained. Employees may receive up to a total maximum of 9.25% for Educational Pay and Water Treatment and Distribution Certification Pay when combined. Employees shall not receive both Educational Pay and Water Treatment and Distribution Certification Pay for the same education completed. In such case that education completed to obtain Water Treatment and Distribution Certifications qualify an employee to receive Educational Pay, the employee shall receive whichever is highest between the two special pay amounts. 10.10 Class A and B Licenses With prior approval of the City Public Works Director, the City shall provide employees with a 1.5% base salary increase if they maintain a Class B California Driver’s License. With prior approval of the City Public Works Director, the City shall provide employees with a 3.0% base salary increase if they maintain a Class A California Driver’s License. This specialty pay is subject to City operational need and may be stopped or denied at the discretion of the City Public Works Director. In no event shall these incentives be combined to exceed 3.0%. ARTICLE 11. INSURANCE 11.1 Medical Insurance Benefits A. The base medical plan shall be defined as the lowest cost Health Maintenance Organization (HMO) program available to the City. If availability of an HMO to the City is discontinued by the medical plan provider, the base plan will become the basic PPO plan available to the City by the existing medical plan provider. B. The City will maintain health benefits through CalPERS through calendar year 2026. Page 104 of 561 18 ARTICLE 11. INSURANCE (continued) 11.2 Cafeteria Plan A. The City shall contribute an equal amount towards the cost of medical coverage under the Public Employee's Medical and Hospital Care Act (PEMHCA) for both active employees and retirees. The City’s contribution toward coverage under PEMHCA shall be the minimum contribution amount established by CalPERS on an annual basis. This amount shall be adjusted on an annual basis as the PEMHCA minimum contribution increases. B. Employees participating in the City’s full flex cafeteria plan shall receive a flex dollar allowance to purchase group health coverage for medical, dental and vision under the City’s Cafeteria Plan. For the period of July 1, 2023 through November 30, 2023, the monthly flex dollar allowance shall be $760.52 with respect to an employee enrolled for self alone, $1,434.70 for an employee enrolled for self and one family member, and $1,848.58 for any employee enrolled for self and two or more qualified dependents. C. Effective December 2023, for the January 2024 premium, the monthly flex dollar allowance shall be $885.28 with respect to an employee enrolled for self alone, $1,684.24 for an employee enrolled for self and one family member, and $2,172.96 for any employee enrolled for self and two or more qualified dependents. D. Effective December 2024, for the January 2025 premium, the City’s total Cafeteria Plan contribution for the plan shall be enhanced by an amount equal to one-half of the increase for the lowest cost PPO plan offered by PERS, up to a maximum of 8% increase in the City’s contribution. Any increase in premiums above this amount will be the full responsibility of the employee. E. Effective December 2025, for the January 2026 premium, the City’s total Cafeteria Plan contribution for the plan shall be enhanced by an amount equal to one-half of the increase for the lowest cost PPO plan offered by PERS, up to a maximum of 8% increase in the City’s contribution. Any increase in premiums above this amount will be the full responsibility of the employee. Page 105 of 561 19 ARTICLE 11. INSURANCE (continued) 11.2 Cafeteria Plan (continued) F. Employees who waive medical coverage because he/she provided the City with written proof that medical insurance coverage is in force through coverage provided by another source consistent with any rules or restrictions on the City by the medical plan provider can take flex dollars for the amount provided to employees enrolled for self alone, deposit it into their 457 plan or use it to purchase voluntary products. No remaining flex dollars may be redeemed. The Parties agree that this section shall not create any liability for additional overtime compensation under the recent Flores vs. City of San Gabriel (“Flores”) 9th circuit decision. The Parties agree to modify this section if any potential Flores liability is identified. G. The City shall retain any remaining cafeteria flex dollars that are in excess of what the employee has used for coverage for themselves and their eligible dependents. 11.3 Vision Insurance The City shall provide a Vision Care Plan for bargaining unit members. The City shall contribute up to the full family premium. The City may select an alternate vision care provider during the term of the M.O.U. providing that: A. Any new plan maintains equivalent benefits to the employees; and B. At least twenty-one (21) days advanced notice of plan changes are provided to the Union. 11.4 Life Insurance Plan A. City shall provide group term life insurance benefit plan for bargaining unit members, which shall provide for forty thousand dollars ($40,000) life coverage plus accidental death for employees only during the term of their employment. B. The City shall make available additional voluntary life insurance coverage, at the employee’s expense, as long as the minimum participation requirements of the insurance provider are met. 11.5 State Disability Insurance The City shall provide and pay the premiums for State Disability Insurance, integrated with sick leave. Effective January 1, 2004, the City will pay the premiums for the new Family Temporary Disability Insurance. Should there be any future rate Page 106 of 561 20 ARTICLE 11. MEDICAL INSURANCE (continued) 11.5 State Disability Insurance (continued) increases to State Disability Insurance and/or Family Temporary Disability Insurance plans after January 1, 2004, the City and SEIU Local 620 agree to meet and confer to discuss responsibility for payment of such increases. 11.6 Dental Insurance Plan The City shall provide for all employees in classifications represented in this Memorandum of Understanding a dental plan of the City’s choice. The City shall pay up to the full family premium. The City may select an alternate dental insurance plan provider during the term of this M.O.U. providing that: A. Any new plan maintains equivalent benefits to the employees; and B. At least twenty-one (21) days advanced notice of plan changes are provided to the Union. ARTICLE 12. HOLIDAY LEAVE The following days shall be paid holidays for employees: a. Independence Day b. Labor Day c. Veterans’ Day d. Thanksgiving Day e. Day following Thanksgiving f. Christmas Eve g. Christmas Day h. New Year’s Eve i. New Year’s Day j. Martin Luther King Day k. President’s Day l. Memorial Day m. Juneteeth n. One day of Employee choice with Supervisor approval (Floating Holiday) o. Every day designated by the President, Governor, or Mayor for public observance as a special, nonrecurring single event, such as the death of a national leader or end of a war. When any of the above-listed holidays fall on Saturday, it will be recognized on Friday. If it falls on Sunday, it will be recognized on Monday. For all employees who regularly worked on Saturday and/or Sunday, the holiday will be specified by the above-listed dates. In case a holiday falls on an employee’s regularly scheduled day off, he/she shall have the option to take such a holiday on an alternate day, as selected by the employee and approved by the Department Director. Page 107 of 561 21 ARTICLE 13. VACATION LEAVE A. The purpose of annual vacation leave is to enable each eligible employee to annually return to his work mentally and physically refreshed. B. Each eligible employee shall be required to have served the equivalent of one (1) year of continuous service in the City in order to be eligible for his/her full annual vacation leave. However, in the event an employee so chooses, he/she may, after six (6) continuous months of service, take vacation leave not to exceed five (5) working days, with the Supervisor’s approval. C. Employees who terminate employment and upon return of all City-owned property in good condition, shall be paid in a lump sum for all accrued vacation leave earned prior to the date of termination. D. Vacation leave with pay shall be earned by employees in accordance with the following schedule: AFTER: YEARS DAYS = HOURS PER MONTH 01 10 6.67 02 12 8.00 03 13 8.67 04 14 9.34 05 15 10.00 06 15 10.00 07 16 10.67 08 16 10.67 09 17 11.34 10 17 11.34 11 18 12.00 12 18 12.00 13 19 12.67 14 19 12.67 15 20 13.34 E. If for any reason an employee becomes ill during a vacation, or in the case where a holiday falls during a vacation period, the affected employee shall be entitled to utilize such available sick or holiday leave in lieu of vacation leave. The vacation period may be appropriately extended upon approval of the Supervisor. F. Vacation leave may be taken as it accrues. Vacation shall be scheduled at the discretion and convenience of each individual employee, with the consent of the Supervisor, within the limitations necessitated by the legitimate operational needs of the City. Page 108 of 561 22 ARTICLE 13. VACATION LEAVE (continued) G. In the event the scheduling preferences of two (2) or more employees conflict, the preferences of the more senior employee from date of hire shall govern, barring any unusual circumstances. H. An employee must use a minimum of 50% vacation leave earned each calendar year during that same calendar year. The balance of the vacation leave remaining unused during that same calendar year may be accrued. Exception is made to this paragraph for all new employees commencing City employment after December 31st of each year so that there is no requirement upon a new employee to use a minimum of 50% of vacation leave earned by the first December 31st after employment commences. I. Employees may accrue vacation leave up to a maximum of 225 hours. Accrued vacation may exceed the maximum allowable by up to, and no more than, 50 hours during the calendar year, at which time the employee shall stop accruing vacation leave above that amount. In the event an employee’s accrued vacation leave exceeds the maximum allowable of 225 hours on January 1, the employee shall be paid at his/her January 1 hourly wage rate for those hours accrued in excess of the maximum allowable of 225 hours up to a maximum of 50 hours. Upon request of an employee, an exception to the accrual limit may be made upon recommendation by the Department Director and approval by the City Manager. ARTICLE 14. SICK LEAVE A. All full-time, permanent employees shall accrue one (1) working day of sick leave with pay for each month of service. The maximum accumulation of earned sick leave shall be 1,000 hours. An employee will not accumulate any additional sick leave until such time as his/her accumulated balance falls below 1,000 hours. If an employee has accumulated over 1,000 hours of earned sick leave as of July 1, 2012, the employee may continue to accumulate up to his/her sick leave balance as of that date. Upon retirement, an employee may choose to be paid 50% of his/her unused sick leave, to a maximum of 450 hours at his/her current rate of pay. Upon retirement, unused accumulated sick leave may be converted to PERS retirement credit per the City’s contract with PERS. At the end of each calendar year, each employee has the option of being paid straight time for 25% of his/her unused sick leave of that year, transferring it to vacation, or leaving it in sick leave. B. Employees may transfer sick leave on a voluntary basis to a fellow employee who has exhausted all his/her sick leave and vacation leave due to an extended illness or injury. The transfer shall be based on each Page 109 of 561 23 ARTICLE 14. SICK LEAVE (continued) employee’s hourly rate of pay and shall not exceed twenty-four (24) hours of sick leave based on the hourly rate of pay of the receiving employee. The transfer shall be requested on a form provided by the City, be completed by both employees who mutually request such transfer, and submitted for approval to their Department Directors and the City Manager for final approval. The requesting employee must indicate how many hours they will need for their leave. The receiving employee shall not be obligated to repay any transferred leave to the contributing employee, and contributing employee understands that such transfer shall be deemed as if used and will be subject to all other provisions applicable. Under no circumstances may the requesting employee receive more donated hours in their sick bank than actually used for their leave. ARTICLE 15. LEAVES OF ABSENCE 15.1 Bereavement Leave Permanent full-time employees shall be granted leave by their Department Director whenever the affected employee has experienced a death in the immediate family, defined as the spouse, the employee’s or employee’s spouse’s father, mother, brother or sister, child or stepchild, grandparents, grandchildren, son-in-law, daughter-in-law, “step” relatives as described above, aunt or uncle, or any other person residing in the same household where attendance to the funeral is necessary. Such absence by the employee shall be limited to five (5) working days per occurrence of paid leave. Such leave is not chargeable against sick or vacation leave. As a condition of granting leave for bereavement purposes, the appointing authority may request verification of the loss. In order to receive this benefit, domestic partners must be registered with the Secretary of State. 15.2 Family Leave A. An employee may take an unlimited amount of sick leave if required to be away from the job to personally care for a member of his/her immediate family, as defined in Article 15.1, Bereavement Leave, subject to approval of the supervisor and verification of need. B. Pursuant to the State and Federal Leave Acts, the following is provided for all employees who have been employed a minimum of twelve (12) months and have worked at least 1,250 hours during the 12-month period preceding leave: 1. Up to twelve weeks (60 workdays) unpaid leave in a twelve (12) month period. Intermittent leave is allowed. Page 110 of 561 24 ARTICLE 15. LEAVES OF ABSENCE (continued) 15.2 Family Leave (continued) 2. Leave may be taken for: (1) birth of and care of newborn child; (2) placement of child with employee for adoption or foster care; (3) to care for spouse, child, or parent having serious health condition; (4) employee’s own serious health condition. 3. The employee’s insurance, including medical, dental, vision, and life insurance will be maintained under the same conditions as if the employee were still working. 4. Request for leave must be made 30 days prior to leave, if foreseeable. 5. Employee may use accrued vacation, holiday, or personal leave during family leave. Sick leave may be used for employee and/or immediate family illness or disability. 6. Upon return to work, employee will be restored to same or equivalent position with equivalent benefits. All other provisions of the California Family Rights Act (“CFRA”), Federal Family Medical Leave Act (“FMLA”) and Pregnancy Disability Leave (“PDL”) apply. 15.3. Medical Leave Medical leave without pay may be granted for the purpose of recovery from prolonged illness or injury or to restore health or for pregnancy upon employee’s written request to and approved by the Department Director and City Manager, subject to submission of medical evidence satisfactory as establishing the employee’s medical need. During the approved leave period, the City will not pay employee benefits; however, the employee may elect to maintain City medical insurance coverage for employee and dependents at employee’s sole cost if such coverage of all individuals is in effect sixty (60) days prior to leave application to the City Manager. 15.4 Emergency Leave Emergency leave without pay may be granted to any permanent employee who, upon written request to and approved by the Department Director and City Manager, demonstrates that the leave is necessary for personal reasons beyond his/her control or will serve to improve his/her ability as an employee of the City. Emergency leaves may be granted up to a maximum of one (1) year. Upon expiration of an approved emergency leave, the employee shall be reinstated in the position held at the time leave was granted. The leave period shall not be credited to employee seniority or credited toward time served with the City. Failure on the part of the employee on leave to report promptly at the leave’s expiration shall be cause for discharge. During the leave period the City will not pay employee Page 111 of 561 25 ARTICLE 15. LEAVES OF ABSENCE (continued) 15.4 Emergency Leave (continued) benefits; however, the employee may elect to maintain City medical insurance coverage for employee and dependents at employee’s sole expense if such coverage of all individuals is in effect sixty (60) days prior to leave application to the City Manager. 15.5 Jury Duty Employees shall be granted leave, with full pay and no loss in benefits, when called for jury duty, if the employee remits jury fees received for such jury duty. The employee may retain all travel pay or subsistence pay granted by the court because of the employee’s participation in jury duty. The employee shall be responsible for notifying his/her supervisor as soon as possible upon receiving notice to appear for jury duty, make every reasonable effort to keep his/her supervisor advised as to the anticipated length of service, and return to work immediately following the end of jury duty service. 15.6 Military Leave Every employee of the City shall be granted military leaves of absence and other benefits as provided in Division II, Part I, Chapter VII of the Military and Veteran’s Code of the State of California. ARTICLE 16. UNIFORM ALLOWANCE The City agrees to furnish five (5) shirts and five (5) pairs of pants per week for employees in the following classifications: Maintenance Worker I, II, III Fleet Maintenance Coordinator Public Works Lead Person Citywide Fleet Coordinator Parks Lead Worker Streets Maintenance Supervisor Parks, Tree & Landscape Supervisor Utilities/ Water & Sewer System Supervisor Soto Sports Complex Maintenance & Coordinator Supervisor Employees hired to fill newly-created classifications will also receive uniforms under this section if the wearing of a uniform is required. Uniforms for the above-listed field personnel are to be worn during work and may be worn to and from work. 16.1 Safety Shoes During the term of this Agreement, the City shall provide one pair of safety shoes to all unit employees that perform field work, as listed in Article 16 as well as the Page 112 of 561 26 ARTICLE 16. UNIFORM ALLOWANCE (continued) 16.1 Safety Shoes (continued) Geographic Information System Technician, Assistant Engineer, Associate Engineer and Senior Engineer, per fiscal year to a maximum cost of $200. The safety shoes shall be purchased during the month of August unless deemed a necessity to be purchased before the month of August by the Department Director and approval of the City Manager. The safety shoes must be worn during all hours where there is a need for such shoes or as required by the Department Director. In the event safety shoes are compromised by unusual circumstances, an additional replacement can be authorized by the Department Director with approval of the City Manager. A vendor to be used to make purchases of safety shoes will be mutually agreed upon by the City and Union. 16.2 Safety Glasses The City will provide safety prescription glasses and lens for those employees who need them to carry out their tasks. The glasses will comply with OSHA standards. ARTICLE 17. RETIREMENT 17.1 PERS Retirement Contributions A. G.C. Section 21354.4. The CalPERS 2.5% at Age 55 Retirement Plan is provided for employees hired prior to December 21, 2012. Employees under this plan will pay the full eight percent (8%) employee share of CalPERS retirement benefit costs. B. G. C. Section 21354. The CalPERS 2.0% at Age 55 Retirement plan will be provided for employees hired between December 21, 2012 and December 31, 2012, CalPERS “Classic” members hired on or after January 1, 2013, and those eligible for reciprocity hired on or after January 1, 2013. Employees under this plan will pay the full seven percent (7%) of the employee share of CalPERS. C. G.C. Section 7522.20. The CalPERS 2% @ 62 Retirement Plan shall be provided for new employees hired on or after January 1, 2013 who are not CalPERS “Classic” employees and are not eligible for reciprocity. Employees under this plan shall pay at least 50% of the total normal cost rate (currently 7.75%) of the employee share of CalPERS. D. G.C. Section 21024 and 21027. Employees may buy back, at their expense, retirement service credit for prior military service as permitted by CalPERS. Page 113 of 561 27 ARTICLE 17. RETIREMENT (continued) 17.1 PERS Retirement Contributions (continued) E. GC Section 20042. For employees hired prior to December 21, 2012, retirement benefits are based on the highest single year compensation. F. GC Section 20037. For employees hired on or after December 21, 2012, retirement benefits shall be based on the highest average annual compensation earnable by a member during three consecutive years of employment. G. GC Section 20965. Employees will receive credit for unused sick leave per the provisions of Article 14. A of this MOU. H. GC Section 21548. The spouse of a deceased member, who was eligible to retire for service at the time of death, may elect to receive the Pre-Retirement Optional Settlement 2 Death Benefit. I. Effective January 1, 2013, the Public Employee’s Pension Reform Act of 2013 (PEPRA) will apply to all employees, as well as for employees transferring from other CalPERS or reciprocal agencies. 17.2 Retirement Defined Retirement is defined as the termination of employment at an age when the employee would qualify for an allowance under the Public Employees Retirement System (PERS) and the City’s Personnel Regulations. 17.3 Retiree Medical A. Employees who retire from City service shall be allowed to purchase medical insurance coverage through the City. B. GC Section 22892. The City’s contribution shall be an equal amount for both employees and annuitants, which shall be the minimum contribution amount established by CalPERS on an annual basis. That amount shall be $151 per month during calendar year 2023 and $157 per month during calendar year 2024. The City’s contribution shall be adjusted annually thereafter by the CalPERS Board to reflect any change in the medical care component of the Consumer Price Index, provided that the City is participating in the CalPERS Health Plan. C. The City shall provide a supplemental contribution to employees that are: 1) employed on a full-time basis as of June 30, 2008 and who have been employed with the City on a full-time basis for five (5) years or more at the time of retirement; or 2) employed on a full-time Page 114 of 561 28 ARTICLE 17. RETIREMENT (continued) 17.3 Retiree Medical continued basis after June 30, 2008 and who have been employed by the City on a full-time basis for ten (10) years or more at the time of retirement. The supplemental contribution shall be equal to the difference between the minimum contribution amount established by CalPERS as set forth above in Section 17.3., Section B. and the following amounts: For single annuitant coverage: $170.51 For annuitant + 1 dependent: $301.17 For annuitant + 2 or more dependents: $365.24 ARTICLE 18. PROBATIONARY PERIOD All appointments, original and promotional, shall be tentative and subject to a probationary period of twelve (12) months. The Department Director, with consent of the City Manager, may extend the probationary period for specified cause(s), which shall be provided in writing to the employee. The probationary period shall be regarded as a part of a continuing testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of an employee to his/her newly appointed position, and for rejecting any probationary employee whose performance does not meet the required standards of work. The Department Director, with the consent of the City Manager, may release a newly hired probationary employee from City employment without cause at any time during the probationary period. The Department Director, with the consent of the City Manager, may remove a transferred or promoted employee from the position to which promoted without cause at any time during the probationary period; in which event, that employee shall be reinstated to his/her original position from which originally transferred or promoted. ARTICLE 19. PROMOTION Promotion of an employee to a higher range shall result in an increase in salary. The employee’s salary shall be placed in the salary range of the new position which would result in at least a five percent (5%) increase in salary compared to the employee’s existing salary position. Promotion of the employee may be made with the consent of the City Manager without testing or opening the position for consideration of all non- employees. All current employees shall be given consideration for a position opening that will be filled by promotion. An employee promoted to a new position shall serve a twelve (12) month probationary period in that position. In the event the promoted party is removed from the position to which promoted, the employee shall be considered demoted Page 115 of 561 29 ARTICLE 19. PROMOTION (continued) but shall be returned to the range from which promoted. No change in step shall occur as a result of an employee passing the promoted position probationary period. A promoted employee shall retain his or her salary anniversary date held prior to promotion. An employee’s promotion date will become their anniversary date for the purposes of performance evaluations and step increases. ARTICLE 20. PROMOTIONAL OPPORTUNITIES 20.1 Posting Promotional opportunities for classifications within the representation unit will be posted for at least ten (10) working days (Monday through Friday) prior to selection. 20.2 Selection The selection procedure for each promotional opening will be determined and administered by the employing department in consultation with the requesting department. Selection procedure and job description information will be attached or incorporated into the job-posting notice at the time of posting. Efforts will be made to standardize tests and procedures where standardization is feasible and appropriate. Any tests used shall be reasonably predictive of success in the classification; and tests may not be biased with respect to race, sex, religion, creed, political affiliation, color, national origin, ancestry, or age. Selection procedures may include any or all of the following phases: A. Application: Both inside and outside candidates will make applications on forms specified by the employing department. Applications must be submitted to the employing department. B. Screening: Applications will be screened by the employing department to ascertain whether candidates meet minimum requirements as outlined in the job description. Applicants screened out at this level will receive a written response explaining such action. C. Performance Testing: Performance tests, such as typing, machinery or vehicle operation, skills, demonstration, physical agility, etc., will be qualifying. Pass/fail points will be announced in advance for qualifying tests. D. Written Tests: Written achievement or aptitude tests will be qualifying. Pass/fail points will be announced in advance for qualifying tests. E. Interviews/Appraisals: Interviews may be conducted individually or by interview boards and will be qualifying. Interview boards shall be Page 116 of 561 30 ARTICLE 20. PROMOTIONAL OPPORTUNITIES (continued) 20.2 Selection (continued) composed of qualified and unbiased people. If individual interviews or an interview board is used, a majority of the individuals or board members must recommend a candidate in order for the candidate to qualify for appointment. 20.3 Recommended Candidates Candidates who successfully complete all phases of the selection procedure will be recommended to the Department Director and/or City Manager. 20.4 Appointment The Department Director and/or City Manager will make appointments from among those recommended candidates who are most qualified as determined by objective review of selection procedure results and background materials. ARTICLE 21. MAINTENANCE WORKER JOB SERIES The Maintenance Worker job series shall be a flexibly staffed classification. Movement within the series shall not require an examination or certification to a list of eligibles. Movement within the Maintenance Worker series shall be as follows: A. Employees shall be flexed to Maintenance Worker II after one (1) year of service as a Maintenance Worker I, contingent upon satisfactory performance. B. Employees shall be flexed to Maintenance Worker III after no less than three (3) years but no more than four (4) years of service as a Maintenance Worker II, contingent upon satisfactory performance. C. Satisfactory performance shall mean the employee’s annual Performance Review is sufficient to allow the employee a merit salary increase. Continued meet and confer on this article is deferred to future labor management meetings. ARTICLE 22. ENGINEER JOB SERIES The Engineer job series shall be a flexibly staffed classification. Movement within the series shall not require an examination or certification to a list of eligibles. Movement within the Engineer series shall be as follows: Page 117 of 561 31 ARTICLE 22. ENGINEER JOB SERIES (continued) A. Employees shall be flexed to an Associate Engineer after completion of Step E of the Assistant Engineer salary range, contingent upon satisfactory performance and meeting the job requirements for an Associate Engineer. B. Employees shall be flexed to a Senior Engineer after completion of Step E of the Associate Engineer salary range, contingent upon satisfactory performance and meeting the job requirements for a Senior Engineer. C. Satisfactory performance shall mean the employee’s annual Performance Review is sufficient to allow the employee a merit salary increase. ARTICLE 23. TRANSFERS Transfer of an employee to a position within the employee’s current range shall not affect the employee’s salary rate. Transfer of an employee to a position within a higher range shall be considered a promotion. Transfer of an employee to a lower range shall be considered a demotion. ARTICLE 24. DEMOTION Transfer of an employee to a lower class shall result in reduction of salary. The employee’s salary shall be placed in the identical step in the lower class that the employee enjoyed in the class from which demotion was made. Demotion can be made for cause, except for demotions from probationary positions. Cause shall be provided to the employee in writing by the Department Director prior to any action taking place. Demotion for disciplinary reasons may be appealed through the grievance procedure by the demoted employee. Demotion for other reasons is not appealable. ARTICLE 25. LAYOFFS AND DISPLACEMENT Layoffs: Whenever, in the judgment of the City, it becomes necessary to make a reduction in force, whenever possible, said reduction shall be accomplished through attrition. Layoffs shall be made by classification and may be department-wide or by division, program, or function. Workers subject to a reduction in force shall be given at least forty-five (45) working days’ notice prior to the effective date of the layoff. The notice shall contain the information required in Section X. “Layoff Procedure” of the Personnel Regulations. The Union shall receive concurrent notice and shall be granted an opportunity to meet and consult with the City to discuss proposed alternatives to a reduction in force. Permanent full-time employees and permanent part-time employees shall be considered separately when the order of layoff reaches C. and D. below. Nothing herein is intended Page 118 of 561 32 ARTICLE 25. LAYOFFS AND DISPLACEMENT (continued) to require a preference for or against either full-time or part-time permanent employees in the order of layoff. When one or more workers performing in the same class in a City department is to face a reduction in force, that worker’s most recent annual evaluation and seniority shall be used to determine the order of layoff pursuant to the following procedures: The order of layoff shall be as follows: A. Temporary workers in inverse order of seniority (least first); B. Probationary employees in inverse order of seniority; C. Permanent employees whose most recent annual evaluations were below satisfactory in inverse order of seniority; and D. Permanent employees in inverse order of seniority. “Seniority” for the purposes of this Article shall be defined as the length of service as a permanent full-time employee with the City. When determining seniority for permanent full-time positions within a classification subject to layoff, only permanent full-time service shall be considered. Displacement: Permanent full-time employees subject to layoff shall have the right to displace an employee in the same classification in any Department of the City or in a different class within the City with the same or lower salary range provided, however, that: A. The employee subject to layoff has greater seniority than the employee being displaced and was rated at a minimum of competent/satisfactory in his/her latest evaluation. B. If the displacement is to a different class, it must be a class in the same occupational series as determined by the City with the concurrence of the Union or, to a class previously held by the employee as a permanent full- time employee of the City. If a position in the laid-off employee’s classification, or a similar position in a classification for which the City determines the former employee is suited, becomes available within twenty-four (24) months of layoff, said former employee shall be recalled and offered the position in the inverse order of layoff. If a job in a lower paid classification becomes available within twenty-four (24) months, the City shall review the previously laid-off employees’ qualifications. If such laid-off former employees are qualified in the judgment of the City, he/she may fill the slot(s) until his/her former position becomes available, if ever. Page 119 of 561 33 ARTICLE 26. PERSONNEL RECORDS An employee or his/her designee may inspect his/her personnel file and obtain copies of any and all items in that file at employee expense. An employee may have placed in his/her personnel file any signed and dated statement of clarification or disagreement to any item or article contained within her/her personnel file. ARTICLE 26. PERSONNEL RECORDS (continued) Personnel files include those files maintained by the immediate supervisor or other administrators/supervisors involved in employee evaluations, as well as the central personnel file. A supervisor’s personal notes shall not be considered a part of the personnel file. ARTICLE 27. RESIGNATION An employee wishing to leave his/her employment with the City in good standing shall file with his/her supervisor a written resignation stating the effective date of his/her resignation and the reasons for leaving. The resigning individual shall file such written resignation at least two (2) weeks in advance of the effective termination date and participate in an exit interview conducted by the City prior to issuance of the final paycheck. ARTICLE 28. OUTSIDE EMPLOYMENT No full-time employee shall engage in outside employment or an enterprise that his/her Department Director and/or the City Manager may find unsuitable and in conflict with their municipal duties or responsibilities or that lessens their effectiveness as a City employee. ARTICLE 29. POSITION VACANCIES Should the City determine that a vacancy will not be filled such determination shall be made within 120 working days of the date upon which the worker vacated the position. Upon said determination the City will notify the workers in the affected department and the Union. ARTICLE 30. POSITION CLASSIFICATION Classification Changes: During the course of this M.O.U., the City shall notify the employee concerned in case of contemplated change in job content as contained in the classification descriptions that were in effect at the beginning of the agreement. Working Out of Classification: The term “working out of classification” is defined as a Management-authorized, full-time assignment to a budgeted position on a temporary basis, wherein all significant duties are performed by an individual holding a classification Page 120 of 561 34 ARTICLE 30. POSITION CLASSIFICATION (continued) within a lower compensation range. Pay for working out of classification shall be as follows: A. Employees appointed to unfilled positions on an “out of classification” basis will receive acting pay within the range of the higher classification beginning the first day of the assignment B. Employees appointed to a position for vacation, sick leave, or other leave of absence coverage will receive acting pay within the range of the higher classification after five (5) consecutive work days of assignment in the acting position. Such acting pay shall be a minimum of five percent (5%) over the employee’s current salary. “Out of classification” provisions do not apply to work assignments performed in connection with specific predetermined apprenticeship or training programs or declared conditions of emergency and/or disaster. ARTICLE 31. PROFESSIONAL DEVELOPMENT A. For that training or certification which is required by job specifications, legal mandates, and/or which is required by the City, the City will provide for such training and/or certification, including providing City time to attend the training and to pay for costs associated with the training. This section does not apply to training courses and/or certifications required for advancement/promotion to a new position. B. For that training or certification which is encouraged by the City in support of identified programs, the City will provide for such training and/or certification, including providing City time to attend the training and to pay for costs associated with attending the training, provided that the program for which the training and/or certification is related remains in operation and that funds for such training are included in the current City Budget. C. The City will maintain training certificates, special licenses, and other related documentation related to an employee’s professional development in the employee’s City personnel file. In addition, an employee may submit for inclusion into his/her City personnel file documentation for completion of training related to the employee’s duties and responsibilities, special licenses, or for collegiate courses and/or degrees earned which the employee completed outside of the workplace. The policy/procedure for requesting and attending training shall be as provided in Section C-009, Travel Policy, of the City’s Administrative Policy and Procedure Manual. Page 121 of 561 35 ARTICLE 32. UNIT ASSIGNMENTS Any new permanent full-time job classification which does not fall under the City’s management criteria or who is represented by the Arroyo Grande Police Officers’ Association shall be represented by the S.E.I.U. ARTICLE 33. MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS All benefits, terms and conditions of employment enjoyed by unit employees as of July 1, 2023, and any side letter agreements reached after that date, shall remain in full force and effect unless modified by a subsequent Memorandum of Understanding or by mutual agreement, in writing, of the parties. ARTICLE 34. M.O.U. IMPLEMENTATION Both parties agree that the terms of this Memorandum of Understanding supersede provisions of all other practices, Memorandum of Understanding, resolutions, and rules of the City that conflict with provisions of this Agreement. ARTICLE 35. OBLIGATION TO MEET AND WAIVER CLAUSE Except as otherwise expressly provided in this Agreement or, where the parties mutually agree to meet and confer on a matter, the City and the Union expressly waive and relinquish the right, and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter, including mandatory subjects of negotiation, whether or not referred to in this Agreement. ARTICLE 36. SAVINGS CLAUSE Should any provision of this Agreement be held inoperative, void, or invalid by a Court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby, and the parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement of such provision. ARTICLE 37. POLICY CONFLICTS The policies and provisions contained herein shall supersede, in all material respects, all conflicting or inconsistent policies and provisions contained in the City of Arroyo Grande Personnel Regulations and the City of Arroyo Grande Administrative Policies and Procedures. Page 122 of 561 36 REPRESENTATIVES OF REPRESENTATIVES OF CITY OF ARROYO GRANDE ARROYO GRANDE CHAPTER SEIU – LOCAL 620 DATE: DATE: CHE JOHNSON NICOLE BRYANT CHIEF NEGOTIATOR SEIU CHIEF NEGOTIATOR NICOLE VALENTINE TIM SCHMIDT CITY NEGOTIATOR SEIU NEGOTIATOR TASHINA URENO VICTOR ROCHA CITY NEGOTIATOR SEIU NEGOTIATOR CAMELA SCHAAF SEIU NEGOTIATOR Page 123 of 561 Exhibit "A" RANGE A B C D E Positions 11 Biweekly 1,542.47 1,619.60 1,700.58 1,785.61 1,874.89 Monthly 3,342.02 3,509.13 3,684.58 3,868.81 4,062.25 Annual 40,104.29 42,109.51 44,214.98 46,425.73 48,747.02 12 Biweekly 1,581.03 1,660.09 1,743.09 1,830.25 1,921.76 Monthly 3,425.57 3,596.85 3,776.70 3,965.53 4,163.81 Annual 41,106.90 43,162.24 45,320.36 47,586.37 49,965.69 13 Biweekly 1,620.56 1,701.59 1,786.67 1,876.00 1,969.80 Monthly 3,511.21 3,686.78 3,871.11 4,064.67 4,267.90 Annual 42,134.57 44,241.30 46,453.37 48,776.03 51,214.84 14 Biweekly 1,661.07 1,744.13 1,831.33 1,922.90 2,019.05 Office Assistant I Monthly 3,598.99 3,778.94 3,967.89 4,166.29 4,374.60 Annual 43,187.94 45,347.33 47,614.70 49,995.44 52,495.21 15 Biweekly 1,702.60 1,787.73 1,877.12 1,970.97 2,069.52 Accounting Clerk I Monthly 3,688.97 3,873.42 4,067.09 4,270.44 4,483.97 Annual 44,267.64 46,481.02 48,805.07 51,245.32 53,807.59 16 Biweekly 1,745.17 1,832.42 1,924.05 2,020.25 2,121.26 Monthly 3,781.19 3,970.25 4,168.77 4,377.20 4,596.06 Annual 45,374.33 47,643.04 50,025.19 52,526.45 55,152.78 17 Biweekly 1,788.80 1,878.24 1,972.15 2,070.75 2,174.29 Maintenance Worker I Monthly 3,875.72 4,069.51 4,272.99 4,486.63 4,710.97 Annual 46,508.68 48,834.12 51,275.82 53,839.62 56,531.60 18 Biweekly 1,833.52 1,925.19 2,021.45 2,122.52 2,228.65 Office Assistant II Monthly 3,972.62 4,171.25 4,379.81 4,598.80 4,828.74 Annual 47,671.40 50,054.97 52,557.72 55,185.61 57,944.89 19 Biweekly 1,879.35 1,973.32 2,071.99 2,175.59 2,284.37 Monthly 4,071.93 4,275.53 4,489.31 4,713.77 4,949.46 Annual 48,863.19 51,306.35 53,871.66 56,565.25 59,393.51 20 Biweekly 1,926.34 2,022.65 2,123.79 2,229.98 2,341.47 Monthly 4,173.73 4,382.42 4,601.54 4,831.61 5,073.20 Annual 50,084.77 52,589.00 55,218.45 57,979.38 60,878.35 21 Biweekly 1,974.50 2,073.22 2,176.88 2,285.73 2,400.01 Accounting Clerk II Monthly 4,278.07 4,491.98 4,716.58 4,952.41 5,200.03 Maintenance Worker II Annual 51,336.88 53,903.73 56,598.92 59,428.86 62,400.30 Neighborhood Services Tech. CITY OF ARROYO GRANDE EFFECTIVE 9/15/23 SCHEDULE OF SALARY RANGES SEIU Page 124 of 561 Exhibit "A" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 9/15/23 SCHEDULE OF SALARY RANGES SEIU 22 Biweekly 2,023.86 2,125.05 2,231.30 2,342.87 2,460.01 Monthly 4,385.03 4,604.28 4,834.49 5,076.22 5,330.03 Annual 52,620.31 55,251.32 58,013.89 60,914.58 63,960.31 23 Biweekly 2,074.45 2,178.18 2,287.09 2,401.44 2,521.51 Monthly 4,494.65 4,719.38 4,955.35 5,203.12 5,463.28 Annual 53,935.81 56,632.61 59,464.24 62,437.45 65,559.32 24 Biweekly 2,126.32 2,232.63 2,344.26 2,461.48 2,584.55 Monthly 4,607.02 4,837.37 5,079.24 5,333.20 5,599.86 Annual 55,284.21 58,048.42 60,950.84 63,998.38 67,198.30 25 Biweekly 2,179.47 2,288.45 2,402.87 2,523.01 2,649.16 Administrative Secretary Monthly 4,722.19 4,958.30 5,206.22 5,466.53 5,739.86 Annual 56,666.32 59,499.63 62,474.61 65,598.34 68,878.26 26 Biweekly 2,233.96 2,345.66 2,462.94 2,586.09 2,715.39 Building Permit Tech. Monthly 4,840.25 5,082.26 5,336.37 5,603.19 5,883.35 Maintenance Worker III Annual 58,082.97 60,987.12 64,036.48 67,238.30 70,600.22 Recreation Coordinator Senior Accounting Clerk Sports Facility Coord. Plan/Engineer Permit Tech 27 Biweekly 2,289.81 2,404.30 2,524.51 2,650.74 2,783.28 Monthly 4,961.25 5,209.32 5,469.78 5,743.27 6,030.44 Annual 59,535.05 62,511.80 65,637.39 68,919.26 72,365.22 28 Biweekly 2,347.05 2,464.41 2,587.63 2,717.01 2,852.86 Water Services Worker Monthly 5,085.29 5,339.55 5,606.53 5,886.85 6,181.20 Annual 61,023.42 64,074.59 67,278.32 70,642.24 74,174.35 29 Biweekly 2,405.73 2,526.02 2,652.32 2,784.93 2,924.18 Monthly 5,212.42 5,473.04 5,746.69 6,034.02 6,335.73 Annual 62,549.01 65,676.46 68,960.28 72,408.30 76,028.71 30 Biweekly 2,465.87 2,589.17 2,718.63 2,854.56 2,997.29 Fleet Maint. Coordinator Monthly 5,342.73 5,609.86 5,890.36 6,184.88 6,494.12 Community Services Specialist Annual 64,112.73 67,318.37 70,684.29 74,218.50 77,929.43 31 Biweekly 2,527.52 2,653.90 2,786.59 2,925.92 3,072.22 Public Works Lead Person Monthly 5,476.30 5,750.11 6,037.62 6,339.50 6,656.47 Parks Lead Worker Annual 65,715.55 69,001.33 72,451.40 76,073.97 79,877.67 32 Biweekly 2,590.71 2,720.24 2,856.26 2,999.07 3,149.02 Monthly 5,613.20 5,893.86 6,188.56 6,497.98 6,822.88 Annual 67,358.44 70,726.36 74,262.68 77,975.82 81,874.61 33 Biweekly 2,655.48 2,788.25 2,927.66 3,074.05 3,227.75 Monthly 5,753.53 6,041.21 6,343.27 6,660.43 6,993.46 Annual 69,042.40 72,494.52 76,119.25 79,925.21 83,921.47 Page 125 of 561 Exhibit "A" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 9/15/23 SCHEDULE OF SALARY RANGES SEIU 34 Biweekly 2,721.86 2,857.96 3,000.86 3,150.90 3,308.44 GIS Technician Monthly 5,897.37 6,192.24 6,501.85 6,826.95 7,168.29 Annual 70,768.46 74,306.89 78,022.23 81,923.34 86,019.51 35 Biweekly 2,789.91 2,929.41 3,075.88 3,229.67 3,391.15 Parks, Tree & Landscape Monthly 6,044.81 6,347.05 6,664.40 6,997.62 7,347.50 Supervisor Annual 72,537.67 76,164.56 79,972.79 83,971.43 88,170.00 Recreation Supervisor Soto Sports Complex Maint. & Coord. Supervisor Utilities/Water & Sewer System Supervisor Streets Maint. Supervisor 36 Biweekly 2,859.66 3,002.64 3,152.77 3,310.41 3,475.93 Citywide Fleet Coordinator Monthly 6,195.93 6,505.72 6,831.01 7,172.56 7,531.19 Annual 74,351.12 78,068.67 81,972.11 86,070.71 90,374.25 37 Biweekly 2,931.15 3,077.71 3,231.59 3,393.17 3,562.83 Monthly 6,350.82 6,668.37 7,001.78 7,351.87 7,719.47 Annual 76,209.89 80,020.39 84,021.41 88,222.48 92,633.60 38 Biweekly 3,004.43 3,154.65 3,312.38 3,478.00 3,651.90 Assistant Engineer Monthly 6,509.60 6,835.07 7,176.83 7,535.67 7,912.45 IT Specialist Annual 78,115.14 82,020.90 86,121.94 90,428.04 94,949.44 Engineering Inspector Program Analyst 39 Biweekly 3,079.54 3,233.52 3,395.19 3,564.95 3,743.20 Monthly 6,672.34 7,005.95 7,356.25 7,724.06 8,110.26 Annual 80,068.02 84,071.42 88,274.99 92,688.74 97,323.18 40 Biweekly 3,156.53 3,314.35 3,480.07 3,654.08 3,836.78 Monthly 6,839.14 7,181.10 7,540.16 7,917.16 8,313.02 Annual 82,069.72 86,173.21 90,481.87 95,005.96 99,756.26 41 Biweekly 3,235.44 3,397.21 3,567.07 3,745.43 3,932.70 Monthly 7,010.12 7,360.63 7,728.66 8,115.09 8,520.85 Annual 84,121.46 88,327.54 92,743.91 97,381.11 102,250.16 42 Biweekly 3,316.33 3,482.14 3,656.25 3,839.06 4,031.02 Monthly 7,185.38 7,544.64 7,921.88 8,317.97 8,733.87 Annual 86,224.50 90,535.73 95,062.51 99,815.64 104,806.42 43 Biweekly 3,399.24 3,569.20 3,747.66 3,935.04 4,131.79 Associate Engineer Monthly 7,365.01 7,733.26 8,119.92 8,525.92 8,952.21 Annual 88,380.11 92,799.12 97,439.07 102,311.03 107,426.58 44 Biweekly 3,484.22 3,658.43 3,841.35 4,033.42 4,235.09 Monthly 7,549.13 7,926.59 8,322.92 8,739.07 9,176.02 Annual 90,589.62 95,119.10 99,875.05 104,868.80 110,112.24 Page 126 of 561 Exhibit "A" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 9/15/23 SCHEDULE OF SALARY RANGES SEIU 45 Biweekly 3,571.32 3,749.89 3,937.38 4,134.25 4,340.96 Monthly 7,737.86 8,124.76 8,530.99 8,957.54 9,405.42 Annual 92,854.36 97,497.07 102,371.93 107,490.52 112,865.05 46 Biweekly 3,660.60 3,843.63 4,035.82 4,237.61 4,449.49 Senior Engineer Monthly 7,931.31 8,327.88 8,744.27 9,181.48 9,640.56 Annual 95,175.71 99,934.50 104,931.23 110,177.79 115,686.68 47 Biweekly 3,752.12 3,939.73 4,136.71 4,343.55 4,560.72 Monthly 8,129.59 8,536.07 8,962.88 9,411.02 9,881.57 Annual 97,555.11 102,432.86 107,554.51 112,932.23 118,578.84 48 Biweekly 3,845.92 4,038.22 4,240.13 4,452.14 4,674.74 Monthly 8,332.83 8,749.47 9,186.95 9,646.29 10,128.61 Annual 99,993.99 104,993.68 110,243.37 115,755.54 121,543.31 49 Biweekly 3,942.07 4,139.17 4,346.13 4,563.44 4,791.61 Monthly 8,541.15 8,968.21 9,416.62 9,887.45 10,381.82 Annual 102,493.84 107,618.53 112,999.45 118,649.43 124,581.90 50 Biweekly 4,040.62 4,242.65 4,454.79 4,677.53 4,911.40 Monthly 8,754.68 9,192.42 9,652.04 10,134.64 10,641.37 Annual 105,056.18 110,308.99 115,824.44 121,615.66 127,696.44 Page 127 of 561 Exhibit "B" RANGE A B C D E Positions 11 Biweekly 1,596.46 1,676.28 1,760.10 1,848.10 1,940.51 Monthly 3,459.00 3,631.94 3,813.54 4,004.22 4,204.43 Annual 41,507.94 43,583.34 45,762.51 48,050.63 50,453.16 12 Biweekly 1,636.37 1,718.19 1,804.10 1,894.30 1,989.02 Monthly 3,545.47 3,722.74 3,908.88 4,104.32 4,309.54 Annual 42,545.64 44,672.92 46,906.57 49,251.90 51,714.49 13 Biweekly 1,677.28 1,761.14 1,849.20 1,941.66 2,038.74 Monthly 3,634.11 3,815.81 4,006.60 4,206.93 4,417.28 Annual 43,609.28 45,789.75 48,079.23 50,483.20 53,007.36 14 Biweekly 1,719.21 1,805.17 1,895.43 1,990.20 2,089.71 Office Assistant I Monthly 3,724.96 3,911.21 4,106.77 4,312.11 4,527.71 Annual 44,699.51 46,934.49 49,281.21 51,745.28 54,332.54 15 Biweekly 1,762.19 1,850.30 1,942.82 2,039.96 2,141.96 Accounting Clerk I Monthly 3,818.08 4,008.99 4,209.44 4,419.91 4,640.90 Annual 45,817.00 48,107.85 50,513.24 53,038.91 55,690.85 16 Biweekly 1,806.25 1,896.56 1,991.39 2,090.96 2,195.50 Monthly 3,913.54 4,109.21 4,314.67 4,530.41 4,756.93 Annual 46,962.43 49,310.55 51,776.08 54,364.88 57,083.12 17 Biweekly 1,851.40 1,943.97 2,041.17 2,143.23 2,250.39 Maintenance Worker I Monthly 4,011.37 4,211.94 4,422.54 4,643.67 4,875.85 Annual 48,136.49 50,543.31 53,070.48 55,724.00 58,510.20 18 Biweekly 1,897.69 1,992.57 2,092.20 2,196.81 2,306.65 Office Assistant II Monthly 4,111.66 4,317.24 4,533.10 4,759.76 4,997.75 Annual 49,339.90 51,806.90 54,397.24 57,117.10 59,972.96 19 Biweekly 1,945.13 2,042.39 2,144.51 2,251.73 2,364.32 Monthly 4,214.45 4,425.17 4,646.43 4,878.75 5,122.69 Annual 50,573.40 53,102.07 55,757.17 58,545.03 61,472.28 20 Biweekly 1,993.76 2,093.45 2,198.12 2,308.03 2,423.43 Monthly 4,319.81 4,535.80 4,762.59 5,000.72 5,250.76 Annual 51,837.73 54,429.62 57,151.10 60,008.66 63,009.09 21 Biweekly 2,043.60 2,145.78 2,253.07 2,365.73 2,484.01 Accounting Clerk II Monthly 4,427.81 4,649.20 4,881.66 5,125.74 5,382.03 Maintenance Worker II Annual 53,133.68 55,790.36 58,579.88 61,508.87 64,584.32 Neighborhood Services Tech. CITY OF ARROYO GRANDE EFFECTIVE 7/5/24 SCHEDULE OF SALARY RANGES SEIU Page 128 of 561 Exhibit "B" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 7/5/24 SCHEDULE OF SALARY RANGES SEIU 22 Biweekly 2,094.69 2,199.43 2,309.40 2,424.87 2,546.11 Monthly 4,538.50 4,765.43 5,003.70 5,253.88 5,516.58 Annual 54,462.02 57,185.12 60,044.37 63,046.59 66,198.92 23 Biweekly 2,147.06 2,254.41 2,367.13 2,485.49 2,609.77 Monthly 4,651.96 4,884.56 5,128.79 5,385.23 5,654.49 Annual 55,823.57 58,614.75 61,545.48 64,622.76 67,853.90 24 Biweekly 2,200.74 2,310.77 2,426.31 2,547.63 2,675.01 Monthly 4,768.26 5,006.68 5,257.01 5,519.86 5,795.85 Annual 57,219.16 60,080.12 63,084.12 66,238.33 69,550.24 25 Biweekly 2,255.76 2,368.54 2,486.97 2,611.32 2,741.88 Administrative Secretary Monthly 4,887.47 5,131.84 5,388.44 5,657.86 5,940.75 Annual 58,649.64 61,582.12 64,661.22 67,894.29 71,289.00 26 Biweekly 2,312.15 2,427.76 2,549.14 2,676.60 2,810.43 Building Permit Tech. Monthly 5,009.66 5,260.14 5,523.15 5,799.30 6,089.27 Maintenance Worker III Annual 60,115.88 63,121.67 66,277.75 69,591.64 73,071.22 Recreation Coordinator Senior Accounting Clerk Sports Facility Coord. Plan/Engineer Permit Tech 27 Biweekly 2,369.95 2,488.45 2,612.87 2,743.52 2,880.69 Monthly 5,134.90 5,391.64 5,661.22 5,944.29 6,241.50 Annual 61,618.77 64,699.71 67,934.70 71,331.43 74,898.01 28 Biweekly 2,429.20 2,550.66 2,678.19 2,812.10 2,952.71 Water Services Worker Monthly 5,263.27 5,526.43 5,802.76 6,092.89 6,397.54 Annual 63,159.24 66,317.21 69,633.07 73,114.72 76,770.46 29 Biweekly 2,489.93 2,614.43 2,745.15 2,882.41 3,026.53 Monthly 5,394.85 5,664.59 5,947.82 6,245.22 6,557.48 Annual 64,738.22 67,975.14 71,373.89 74,942.59 78,689.72 30 Biweekly 2,552.18 2,679.79 2,813.78 2,954.47 3,102.19 Fleet Maint. Coordinator Monthly 5,529.72 5,806.21 6,096.52 6,401.35 6,721.41 Community Services Specialist Annual 66,356.68 69,674.51 73,158.24 76,816.15 80,656.96 31 Biweekly 2,615.98 2,746.78 2,884.12 3,028.33 3,179.75 Public Works Lead Person Monthly 5,667.97 5,951.36 6,248.93 6,561.38 6,889.45 Parks Lead Worker Annual 68,015.60 71,416.38 74,987.20 78,736.56 82,673.38 32 Biweekly 2,681.38 2,815.45 2,956.23 3,104.04 3,259.24 Monthly 5,809.67 6,100.15 6,405.16 6,725.41 7,061.68 Annual 69,715.99 73,201.79 76,861.88 80,704.97 84,740.22 33 Biweekly 2,748.42 2,885.84 3,030.13 3,181.64 3,340.72 Monthly 5,954.91 6,252.65 6,565.29 6,893.55 7,238.23 Annual 71,458.89 75,031.83 78,783.42 82,722.59 86,858.72 Page 129 of 561 Exhibit "B" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 7/5/24 SCHEDULE OF SALARY RANGES SEIU 34 Biweekly 2,817.13 2,957.99 3,105.88 3,261.18 3,424.24 GIS Technician Monthly 6,103.78 6,408.97 6,729.42 7,065.89 7,419.18 Annual 73,245.36 76,907.63 80,753.01 84,790.66 89,030.19 35 Biweekly 2,887.56 3,031.94 3,183.53 3,342.71 3,509.84 Parks, Tree & Landscape Monthly 6,256.37 6,569.19 6,897.65 7,242.54 7,604.66 Supervisor Annual 75,076.49 78,830.32 82,771.83 86,910.43 91,255.95 Recreation Supervisor Soto Sports Complex Maint. & Coord. Supervisor Utilities/Water & Sewer System Supervisor Streets Maint. Supervisor 36 Biweekly 2,959.75 3,107.73 3,263.12 3,426.28 3,597.59 Citywide Fleet Coordinator Monthly 6,412.78 6,733.42 7,070.09 7,423.60 7,794.78 Annual 76,953.41 80,801.08 84,841.13 89,083.19 93,537.35 37 Biweekly 3,033.74 3,185.43 3,344.70 3,511.93 3,687.53 Monthly 6,573.10 6,901.76 7,246.85 7,609.19 7,989.65 Annual 78,877.24 82,821.10 86,962.16 91,310.27 95,875.78 38 Biweekly 3,109.58 3,265.06 3,428.32 3,599.73 3,779.72 Assistant Engineer Monthly 6,737.43 7,074.30 7,428.02 7,799.42 8,189.39 IT Specialist Annual 80,849.17 84,891.63 89,136.21 93,593.02 98,272.67 Engineering Inspector Program Analyst 39 Biweekly 3,187.32 3,346.69 3,514.02 3,689.72 3,874.21 Monthly 6,905.87 7,251.16 7,613.72 7,994.40 8,394.12 Annual 82,870.40 87,013.92 91,364.62 95,932.85 100,729.49 40 Biweekly 3,267.01 3,430.36 3,601.87 3,781.97 3,971.07 Monthly 7,078.51 7,432.44 7,804.06 8,194.26 8,603.98 Annual 84,942.16 89,189.27 93,648.73 98,331.17 103,247.73 41 Biweekly 3,348.68 3,516.12 3,691.92 3,876.52 4,070.34 Monthly 7,255.48 7,618.25 7,999.16 8,399.12 8,819.08 Annual 87,065.71 91,419.00 95,989.95 100,789.45 105,828.92 42 Biweekly 3,432.40 3,604.02 3,784.22 3,973.43 4,172.10 Monthly 7,436.86 7,808.71 8,199.14 8,609.10 9,039.55 Annual 89,242.36 93,704.48 98,389.70 103,309.18 108,474.64 43 Biweekly 3,518.21 3,694.12 3,878.82 4,072.77 4,276.40 Associate Engineer Monthly 7,622.78 8,003.92 8,404.12 8,824.33 9,265.54 Annual 91,473.42 96,047.09 100,849.44 105,891.91 111,186.51 44 Biweekly 3,606.16 3,786.47 3,975.80 4,174.59 4,383.31 Monthly 7,813.35 8,204.02 8,614.22 9,044.93 9,497.18 Annual 93,760.25 98,448.26 103,370.68 108,539.21 113,966.17 Page 130 of 561 Exhibit "B" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 7/5/24 SCHEDULE OF SALARY RANGES SEIU 45 Biweekly 3,696.32 3,881.13 4,075.19 4,278.95 4,492.90 Monthly 8,008.69 8,409.12 8,829.58 9,271.06 9,734.61 Annual 96,104.26 100,909.47 105,954.94 111,252.69 116,815.33 46 Biweekly 3,788.73 3,978.16 4,177.07 4,385.92 4,605.22 Senior Engineer Monthly 8,208.91 8,619.35 9,050.32 9,502.83 9,977.98 Annual 98,506.86 103,432.21 108,603.82 114,034.01 119,735.71 47 Biweekly 3,883.44 4,077.62 4,281.50 4,495.57 4,720.35 Monthly 8,414.13 8,834.83 9,276.58 9,740.40 10,227.43 Annual 100,969.54 106,018.01 111,318.91 116,884.86 122,729.10 48 Biweekly 3,980.53 4,179.56 4,388.53 4,607.96 4,838.36 Monthly 8,624.48 9,055.71 9,508.49 9,983.92 10,483.11 Annual 103,493.77 108,668.46 114,101.89 119,806.98 125,797.33 49 Biweekly 4,080.04 4,284.05 4,498.25 4,723.16 4,959.32 Monthly 8,840.09 9,282.10 9,746.20 10,233.51 10,745.19 Annual 106,081.12 111,385.18 116,954.43 122,802.16 128,942.26 50 Biweekly 4,182.04 4,391.15 4,610.70 4,841.24 5,083.30 Monthly 9,061.10 9,514.15 9,989.86 10,489.35 11,013.82 Annual 108,733.15 114,169.80 119,878.29 125,872.21 132,165.82 Page 131 of 561 Exhibit "C" RANGE A B C D E Positions 11 Biweekly 1,652.34 1,734.95 1,821.70 1,912.78 2,008.42 Monthly 3,580.06 3,759.06 3,947.02 4,144.37 4,351.59 Annual 42,960.72 45,108.76 47,364.19 49,732.40 52,219.02 12 Biweekly 1,693.64 1,778.33 1,867.24 1,960.60 2,058.63 Monthly 3,669.56 3,853.04 4,045.69 4,247.98 4,460.38 Annual 44,034.74 46,236.48 48,548.30 50,975.71 53,524.50 13 Biweekly 1,735.98 1,822.78 1,913.92 2,009.62 2,110.10 Monthly 3,761.30 3,949.37 4,146.83 4,354.18 4,571.88 Annual 45,135.61 47,392.39 49,762.01 52,250.11 54,862.61 14 Biweekly 1,779.38 1,868.35 1,961.77 2,059.86 2,162.85 Office Assistant I Monthly 3,855.33 4,048.10 4,250.50 4,463.03 4,686.18 Annual 46,264.00 48,577.20 51,006.06 53,556.36 56,234.18 15 Biweekly 1,823.87 1,915.06 2,010.82 2,111.36 2,216.92 Accounting Clerk I Monthly 3,951.72 4,149.30 4,356.77 4,574.61 4,803.34 Annual 47,420.60 49,791.63 52,281.21 54,895.27 57,640.03 16 Biweekly 1,869.47 1,962.94 2,061.09 2,164.14 2,272.35 Monthly 4,050.51 4,253.03 4,465.69 4,688.97 4,923.42 Annual 48,606.11 51,036.42 53,588.24 56,267.65 59,081.03 17 Biweekly 1,916.20 2,012.01 2,112.61 2,218.24 2,329.16 Maintenance Worker I Monthly 4,151.77 4,359.36 4,577.33 4,806.20 5,046.50 Annual 49,821.27 52,312.33 54,927.94 57,674.34 60,558.06 18 Biweekly 1,964.11 2,062.31 2,165.43 2,273.70 2,387.39 Office Assistant II Monthly 4,255.57 4,468.34 4,691.76 4,926.35 5,172.67 Annual 51,066.80 53,620.14 56,301.14 59,116.20 62,072.01 19 Biweekly 2,013.21 2,113.87 2,219.56 2,330.54 2,447.07 Monthly 4,361.96 4,580.05 4,809.06 5,049.51 5,301.98 Annual 52,343.47 54,960.64 57,708.67 60,594.11 63,623.81 20 Biweekly 2,063.54 2,166.72 2,275.05 2,388.81 2,508.25 Monthly 4,471.00 4,694.55 4,929.28 5,175.75 5,434.53 Annual 53,652.05 56,334.66 59,151.39 62,108.96 65,214.41 21 Biweekly 2,115.13 2,220.89 2,331.93 2,448.53 2,570.95 Accounting Clerk II Monthly 4,582.78 4,811.92 5,052.51 5,305.14 5,570.40 Maintenance Worker II Annual 54,993.35 57,743.02 60,630.17 63,661.68 66,844.77 Neighborhood Services Tech. CITY OF ARROYO GRANDE EFFECTIVE 7/4/25 SCHEDULE OF SALARY RANGES SEIU Page 132 of 561 Exhibit "C" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 7/4/25 SCHEDULE OF SALARY RANGES SEIU 22 Biweekly 2,168.01 2,276.41 2,390.23 2,509.74 2,635.23 Monthly 4,697.35 4,932.22 5,178.83 5,437.77 5,709.66 Annual 56,368.19 59,186.60 62,145.93 65,253.22 68,515.89 23 Biweekly 2,222.21 2,333.32 2,449.98 2,572.48 2,701.11 Monthly 4,814.78 5,055.52 5,308.30 5,573.71 5,852.40 Annual 57,777.39 60,666.26 63,699.58 66,884.55 70,228.78 24 Biweekly 2,277.76 2,391.65 2,511.23 2,636.79 2,768.63 Monthly 4,935.15 5,181.91 5,441.01 5,713.06 5,998.71 Annual 59,221.83 62,182.92 65,292.07 68,556.67 71,984.50 25 Biweekly 2,334.71 2,451.44 2,574.01 2,702.71 2,837.85 Administrative Secretary Monthly 5,058.53 5,311.46 5,577.03 5,855.88 6,148.68 Annual 60,702.37 63,737.49 66,924.37 70,270.59 73,784.11 26 Biweekly 2,393.07 2,512.73 2,638.36 2,770.28 2,908.80 Building Permit Tech. Monthly 5,184.99 5,444.24 5,716.46 6,002.28 6,302.39 Maintenance Worker III Annual 62,219.93 65,330.93 68,597.48 72,027.35 75,628.72 Recreation Coordinator Senior Accounting Clerk Sports Facility Coord. Plan/Engineer Permit Tech 27 Biweekly 2,452.90 2,575.55 2,704.32 2,839.54 2,981.52 Monthly 5,314.62 5,580.35 5,859.37 6,152.34 6,459.95 Annual 63,775.43 66,964.20 70,312.41 73,828.03 77,519.44 28 Biweekly 2,514.22 2,639.93 2,771.93 2,910.53 3,056.05 Water Services Worker Monthly 5,447.48 5,719.86 6,005.85 6,306.14 6,621.45 Annual 65,369.82 68,638.31 72,070.22 75,673.73 79,457.42 29 Biweekly 2,577.08 2,705.93 2,841.23 2,983.29 3,132.46 Monthly 5,583.67 5,862.86 6,156.00 6,463.80 6,786.99 Annual 67,004.06 70,354.27 73,871.98 77,565.58 81,443.86 30 Biweekly 2,641.51 2,773.58 2,912.26 3,057.87 3,210.77 Fleet Maint. Coordinator Monthly 5,723.26 6,009.43 6,309.90 6,625.39 6,956.66 Community Services Specialist Annual 68,679.16 72,113.12 75,718.78 79,504.72 83,479.95 31 Biweekly 2,707.54 2,842.92 2,985.07 3,134.32 3,291.04 Public Works Lead Person Monthly 5,866.35 6,159.66 6,467.65 6,791.03 7,130.58 Parks Lead Worker Annual 70,396.14 73,915.95 77,611.75 81,492.34 85,566.95 32 Biweekly 2,775.23 2,913.99 3,059.69 3,212.68 3,373.31 Monthly 6,013.00 6,313.65 6,629.34 6,960.80 7,308.84 Annual 72,156.05 75,763.85 79,552.04 83,529.64 87,706.13 33 Biweekly 2,844.61 2,986.84 3,136.19 3,293.00 3,457.65 Monthly 6,163.33 6,471.50 6,795.07 7,134.82 7,491.56 Annual 73,959.95 77,657.95 81,540.84 85,617.88 89,898.78 Page 133 of 561 Exhibit "C" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 7/4/25 SCHEDULE OF SALARY RANGES SEIU 34 Biweekly 2,915.73 3,061.52 3,214.59 3,375.32 3,544.09 GIS Technician Monthly 6,317.41 6,633.28 6,964.95 7,313.19 7,678.85 Annual 75,808.95 79,599.39 83,579.36 87,758.33 92,146.25 35 Biweekly 2,988.62 3,138.05 3,294.96 3,459.70 3,632.69 Parks, Tree & Landscape Monthly 6,475.35 6,799.11 7,139.07 7,496.02 7,870.83 Supervisor Annual 77,704.17 81,589.38 85,668.85 89,952.29 94,449.90 Recreation Supervisor Soto Sports Complex Maint. & Coord. Supervisor Utilities/Water & Sewer System Supervisor Streets Maint. Supervisor 36 Biweekly 3,063.34 3,216.50 3,377.33 3,546.20 3,723.51 Citywide Fleet Coordinator Monthly 6,637.23 6,969.09 7,317.55 7,683.42 8,067.60 Annual 79,646.77 83,629.11 87,810.57 92,201.10 96,811.15 37 Biweekly 3,139.92 3,296.92 3,461.76 3,634.85 3,816.59 Monthly 6,803.16 7,143.32 7,500.49 7,875.51 8,269.29 Annual 81,637.94 85,719.84 90,005.83 94,506.12 99,231.43 38 Biweekly 3,218.42 3,379.34 3,548.31 3,725.72 3,912.01 Assistant Engineer Monthly 6,973.24 7,321.90 7,688.00 8,072.40 8,476.02 IT Specialist Annual 83,678.89 87,862.84 92,255.98 96,868.78 101,712.22 Engineering Inspector Program Analyst 39 Biweekly 3,298.88 3,463.82 3,637.01 3,818.87 4,009.81 Monthly 7,147.57 7,504.95 7,880.20 8,274.21 8,687.92 Annual 85,770.86 90,059.41 94,562.38 99,290.50 104,255.02 40 Biweekly 3,381.35 3,550.42 3,727.94 3,914.34 4,110.05 Monthly 7,326.26 7,692.57 8,077.20 8,481.06 8,905.12 Annual 87,915.14 92,310.89 96,926.44 101,772.76 106,861.40 41 Biweekly 3,465.89 3,639.18 3,821.14 4,012.20 4,212.81 Monthly 7,509.42 7,884.89 8,279.13 8,693.09 9,127.74 Annual 90,113.01 94,618.67 99,349.60 104,317.08 109,532.93 42 Biweekly 3,552.53 3,730.16 3,916.67 4,112.50 4,318.13 Monthly 7,697.15 8,082.01 8,486.11 8,910.42 9,355.94 Annual 92,365.84 96,984.13 101,833.34 106,925.01 112,271.26 43 Biweekly 3,641.35 3,823.41 4,014.58 4,215.31 4,426.08 Associate Engineer Monthly 7,889.58 8,284.06 8,698.26 9,133.18 9,589.84 Annual 94,674.99 99,408.74 104,379.17 109,598.13 115,078.04 44 Biweekly 3,732.38 3,919.00 4,114.95 4,320.70 4,536.73 Monthly 8,086.82 8,491.16 8,915.72 9,361.51 9,829.58 Annual 97,041.86 101,893.95 106,988.65 112,338.08 117,954.99 Page 134 of 561 Exhibit "C" RANGE A B C D E Positions CITY OF ARROYO GRANDE EFFECTIVE 7/4/25 SCHEDULE OF SALARY RANGES SEIU 45 Biweekly 3,825.69 4,016.97 4,217.82 4,428.71 4,650.15 Monthly 8,288.99 8,703.44 9,138.61 9,595.54 10,075.32 Annual 99,467.91 104,441.30 109,663.37 115,146.54 120,903.86 46 Biweekly 3,921.33 4,117.40 4,323.27 4,539.43 4,766.40 Senior Engineer Monthly 8,496.22 8,921.03 9,367.08 9,835.43 10,327.20 Annual 101,954.61 107,052.34 112,404.95 118,025.20 123,926.46 47 Biweekly 4,019.36 4,220.33 4,431.35 4,652.92 4,885.56 Monthly 8,708.62 9,144.05 9,601.26 10,081.32 10,585.39 Annual 104,503.47 109,728.64 115,215.08 120,975.83 127,024.62 48 Biweekly 4,119.85 4,325.84 4,542.13 4,769.24 5,007.70 Monthly 8,926.34 9,372.65 9,841.29 10,333.35 10,850.02 Annual 107,116.06 112,471.86 118,095.45 124,000.23 130,200.24 49 Biweekly 4,222.84 4,433.99 4,655.69 4,888.47 5,132.89 Monthly 9,149.50 9,606.97 10,087.32 10,591.69 11,121.27 Annual 109,793.96 115,283.66 121,047.84 127,100.23 133,455.24 50 Biweekly 4,328.42 4,544.84 4,772.08 5,010.68 5,261.22 Monthly 9,378.23 9,847.15 10,339.50 10,856.48 11,399.30 Annual 112,538.81 118,165.75 124,074.04 130,277.74 136,791.62 Page 135 of 561 Item 9.e. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director Tashina Ureno, Human Resources Officer SUBJECT: 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 DATE: September 12, 2023 SUMMARY OF ACTION: Adopt a Resolution modifying pay rates and benefits for unrepresented Management employees, a Resolution modifying pay rates and benefits for unrepresented part-time employees, approve the updated City combined salary schedule, and approve one budget adjustment request. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The recommended unrepresented Management employees pay rate adjustments and benefit changes are incorporated in Attachment 1 of the Management Resolution and are projected to cost $276,800 in FY 2023-24. FY 2023-24 budget did include funds to address the equity adjustments. The FY 2024-25 budget will be amended to reflect the additional change during the mid-cycle budget review in June 2024. In anticipation of the salary survey results, the FY 2023-24 budget included funding for to address the equity adjustments. For these equity adjustments, an estimated $276,800 is needed for Management Employees resolutions, an estimated $385,225 is needed for the Arroyo Grande Police Officer’s Association (AGPOA) Memorandum of Understanding (MOU), and an estimated $125,700 is needed for the Service Employees International Union Local 620 (SEIU) MOU in FY 2023-24 totaling $787,725. The requested budget adjustment is reallocating consultant services to salaries to cover the $787,725; the General Fund Budget includes $741,625, the Streets Fund includes $10,700, the Sewer Fund includes $12,700, and the Water Fund includes $22,700. No funds are being requested from fund balance at this time. Page 136 of 561 Item 9.e. City Council 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 September 12, 2023 Page 2 RECOMMENDATION: 1) Adopt a Resolution approving the proposed MOU with the modifying pay rates and benefits for unrepresented Management employees; 2) Adopt a Resolution modifying pay rates and benefits for unrepresented part-time employees; 3) Approve the updated City combined salary schedule; 4) Approve one budget adjustment request in the amount of $787,725; and 5) Determine 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.). BACKGROUND: The City of Arroyo Grande has 80 budgeted full-time positions and 6.8 budgeted part- time positions. Most full-time employees are represented by a bargaining unit (union) or are unrepresented Management employees. Part-time employees are also unrepresented. Therefore, adjustments to Management and part-time pay rates do not occur as part of a formal negotiation process as they do for represented groups. The City utilized a reputable salary survey firm, unCOMPlicate HR, to gather and comparatively analyze comparable organizations including nine (9) cities’ and four (4) community services districts’ salary and benefit data. The Salary Survey used 16 Management positions as benchmarks and showed 13 of those positions were below the Median compared to neighboring agencies. On June 27, 2023, Council approved the most current salary schedule that addressed contracted cost of living adjustments (COLA) for FY 2023-24. ANALYSIS OF ISSUES: The City’s current salary and classification system strives to accomplish the following goals:  Ensure that the City has the ability to attract and retain well-qualified personnel for all job classifications;  Ensure that the City’s compensation practices are competitive with those of comparable employers;  Provide defensibility to City salary ranges based on the pay practices of similar employers; and  Ensure pay consistency and equity among related classes based on the duties and responsibilities assumed. The proposed Management Resolution incorporates changes to the Management group salary and benefits that include the following: Page 137 of 561 Item 9.e. City Council 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 September 12, 2023 Page 3  Equity Adjustment based on the benchmarked positions in the salary survey to bring positions to the median.  All employees will receive a 3.5% salary increase in FY 2024-25.  Address the Police Management Compaction Issue by providing the same longevity language as the POA receives: o 5% of their base salary as a longevity performance stipend upon completion of ten (10) years of continuous full-time employment with the City o 2.5% of base salary as a longevity performance stipend upon completion of fifteen (15) years of continuous full-time employment with the City  The City will adjust the caf eteria plan amount to pay 50% of the increase in the cost of the lowest cost HMO medical plan available to the City up to a maximum of a 5% increase in premiums for City's contribution each year. This provision is consistent with prior resolutions.  City to provide State Disability Insurance (SDI) – the City will pay the 1% SDI contribution on behalf non-represented employees.  Adjust the holiday schedule to remove Lincoln’s birthday and add Juneteenth as a holiday on June 19th of each year or following workday if June 19th lands on a weekend. Salary and other compensation adjustments will become effective on September 15, 2023, which is the first day of the first full pay period after this Council meeting. The Government Code and California Code of Regulations require the City to maintain a single, duly approved and adopted pay schedule that identifies the positions for every employee classification. The proposed Resolution (Attachment 2) adopts a revised salary schedule incorporating adjustments for AGPOA, SEIU, Management employees, and part-time unrepresented staff. The minimum wage in California is scheduled to increase to $16.00 per hour effective January 1, 2024. Staff will bring forward a staff report and proposed resolution in December 2023 to address this increase. In addition, staff anticipates bringing forward a proposed, additional 3.5% cost of living increase for part-time employees in June 2024 for FY 2024-25. Budget Adjustments Council is being asked to approve one budget adjustment. This request is related to reallocating consultant services approved in the FY 2023-24 budget, to salaries to cover the costs of the equity increases totaling $787,725 within the AGPOA MOU, SEIU MOU, and Management Resolution. Page 138 of 561 Item 9.e. City Council 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 September 12, 2023 Page 4 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolutions as proposed; 2. Amend and adopt the proposed Resolutions; 3. Do not adopt the Resolutions; or 4. Provide other direction to staff. ADVANTAGES: Adopting the two proposed Resolutions will provide employee salaries and benefits that are compliant with current laws, provide for consistent and fair compensation, and reflect the job duties and assignments needed throughout the City. Adjusting employee salaries and benefits to meet the median salary comparatives from similar cites will allow for employee retention, avoid the cost of training new employees, and ultimately allow for city serves to be accomplished consistently. Staff time is reduced by adopting a two-year Management/salary adjustment, eliminating the need to prepare a staff report and recommendation for FY 2024-25. DISADVANTAGES: The recommendation will increase costs to current and future budgets. ENVIRONMENTAL REVIEW: Approval of the Resolutions is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Proposed Resolution - Establishing Wages and Benefits for Management Employees for FY 2023-24 and FY 2024-25 2. Proposed Resolution - Establishing Compensation Adjustments for Part-Time Employees and Approval of the Updated Citywide Combined Salary Schedule Page 139 of 561 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING WAGES AND BENEFITS FOR MANAGEMENT EMPLOYEES FOR FISCAL YEARS 2023-24 WHEREAS, the City Council of the City of Arroyo Grande (“City”) has established a system of classification for all positions within the City service with descriptive occupational titles used to identify and distinguish positions from one another based on job duties, essential functions, knowledge, skills, abilities and minimum requirements; and WHEREAS, the City Council has established a system of compensation for the classification titles listed herein, based on resolutions and agreements as approved and adopted by the City Council; and WHEREAS, the City Council deems it in the best interest of the City that compensation for management employees be adjusted as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that: SECTION 1. AFFECTED EMPLOYEES The wages and benefits set forth herein are to be provided to all management employees listed in Exhibit A. SECTION 2. WAGES A. FISCAL YEAR 2023-24  The salary ranges contained in Exhibit “A” reflects equity adjustment based on the benchmarked positions in the salary survey to bring positions to the median effective September 15, 2023. B. FISCAL YEAR 2024-25  The salary ranges contained in Exhibit "B" reflects a 3. 5% salary increase for all positions effective July 5, 2024. SECTION 3. DEFERRED COMPENSATION The City shall contribute $600 per year to management employees and $1,200 to department directors to a defined contribution supplemental retirement plan established in accordance with sections 401 (a) and 501 (a) of the Internal Revenue Code of 1986 and California Government Code sections 53215 -53224. Page 140 of 561 RESOLUTION NO. PAGE 2 SECTION 4. HEALTH PLAN BENEFITS 1. Cafeteria Plan 1. The City shall contribute an equal amount towards the cost of medical coverage under the Public Employee's Medical and Hospital Care Act (PEMHCA) for both active employees and retirees. The City’s contribution toward coverage under PEMHCA shall be the statutory minimum contribution amount established by CalPERS on an annual basis. 2. Employees participating in the City’s full flex cafeteria plan shall receive a flex dollar allowance to purchase group health coverage for medical, dental and vision under the City’s Cafeteria Plan. For the period of July 1, 2023 through November 30, 2023, the monthly flex dollar allowance shall be: For employee only: $ 754.54 For employee plus one dependent: $1,422.78 For employee + 2 or more dependents: $1,833.06 3. Effective December 2023, for the January 2024 premium, the City’s total Cafeteria Plan contribution for the plan shall be modified by an amount equal to fifty percent (50%) of the increase for the lowest cost HMO plan offered by CalPERS in San Luis Obispo County, up to a maximum of 5% increase in the City’s contribution, without going above the cost of the plan. Any increase in premiums above this amount will be the full responsibility of the employee. 4. Employees who properly waive medical coverage under the Cafeteria Plan because he/she provided the City with written proof of alternative group health coverage that is compliant with the Affordable Care Act , can take flex dollars for the amount provided to employees enrolled for self alone (taxable income), deposit it into their 457 plan, or use it to purchase voluntary products. The flexible benefit dollars taken as cash may not be used to reimburse an employee for any premium expenses an employee may incur for an individual health insurance policy, including a policy purchased through Covered California. 5. The City reserves the right to alter the Cafeteria Plan should there be future Affordable Care Act guidance that affects the plan. B. Medical Insurance 1. The base medical plan shall be defined as the lowest cost Health Maintenance Organization (HMO) program available through CalPERS in San Luis Obispo County. If availability of an HMO to the City is discontinued by the medical plan provider, the base plan shall become Page 141 of 561 RESOLUTION NO. PAGE 3 the basic PPO plan available to the City by th e existing medical plan provider. 2. The City shall maintain health benefits through CalPERS for calendar years 2023, 2024, and 2025. C. Vision Insurance The City shall provide a vision care plan for management employees. The City may select an alternate vision care provider during the term of th is resolution providing that: 1. Any new plan maintains equivalent benefits to the employees; and 2. At least twenty-one (21) days advanced notice of plan changes are provided to affected employees. D. Dental Insurance Plan The City shall provide a dental plan of the City’s choice for management employees. The City may select an alternate dental insurance plan provider during the term of this resolution providing that: 1. Any new plan maintains equivalent benef its to the employees; and 2. At least twenty-one (21) days advanced notice of plan changes are provided to affected employees. SECTION 5. LIFE INSURANCE PLAN A. The City shall provide group term life insurance benefit plan for management employees, which shall provide for fifty thousand dollars ($50,000) life and AD&D coverage during the term of their employment. B. The City shall make available additional voluntary life insurance coverage, at the employee’s expense, as long as the minimum participation requirements of the insurance provider are met. SECTION 6. SHORT AND LONG-TERM DISABILITY The City shall provide a short and long-term disability plan for management employees during the term of their employment. SECTION 7. RETIREMENT A. PERS Retirement Contributions 1. G.C. Section 21354.4. The CalPERS 2.5% at Age 55 Retirement Plan shall be provided for non-sworn employees hired prior to December 21, Page 142 of 561 RESOLUTION NO. PAGE 4 2012. Non-sworn employees under this plan shall pay the full eight percent (8%) of the employee share of CalPERS. 2. G.C. Section 21354. The CalPERS 2.0% at Age 55 Retirement Plan shall be provided for non-sworn employees hired between December 21, 2012 and December 31, 2012, CalPERS “Classic” members hired on or after January 1, 2013, and those eligible for reciprocity hired on or after January 1, 2013. Non-sworn employees under this plan shall pay the full seven percent (7%) of the employee share of CalPERS. 3. G.C. Section 7522.20. The CalPERS 2% @ 62 Re tirement Plan shall be provided for new non-sworn employees hired on or after January 1, 2013 who are not CalPERS “Classic” employees and are not eligible for reciprocity. Non-sworn employees under this plan shall pay at least 50% of the total normal cost rate (currently 7.75%) of the employee share of CalPERS. 4. G.C. Section 21362.2. The CalPERS Public Safety Officer 3% @ 50 Retirement Plan shall be provided for sworn personnel hired prior to December 9, 2011. Sworn employees under this plan shall pay the full nine percent (9%) of the employee share of CalPERS. 5. G.C. Section 21363.1. The CalPERS Public Safety Officer 3% @ 55 Retirement Plan shall be provided for sworn employees hired between December 9, 2011 and December 31, 2012, CalPERS “Classic” members hired on or after January 1, 2013, and those eligible for reciprocity hired on or after January 1, 2013. Sworn employees under this plan shall pay the full nine percent (9%) of the employee share of CalPERS. 6. G.C. Section 7522.25. The CalPERS Public Safety Officer 2.7% @ 57 Retirement Plan shall be provided for new sworn employees hired on or after January 1, 2013 who are not CalPERS “Classic” employees and are not eligible for reciprocity. Sworn employees under this plan shall pay at least 50% of the total normal cost rate (currently 13.75%) of the employee share of CalPERS. 7. G.C. Sections 21024 and 21027. Employees may buy back, at their expense, retirement service credit for prior military service as permitted by PERS. 8. G.C. Section 20042. For sworn employees hired prior to December 9, 2011 and non-sworn employees hired prior to December 21, 2012, retirement benefits are based on the highest single year compensation. 9. G.C. Section 20037. For sworn employees hired on or after December 9, 2011 and non-sworn employees hired on or after December 21, 2012, retirement benefits are based on the highest average annual Page 143 of 561 RESOLUTION NO. PAGE 5 compensation earnable by a member during three consecutive years of employment. 10. G.C. Section 20965. Employees shall receive credit for unused sick leave. 11. G.C. Section 21548. The spouse of a deceased member, who was eligible to retire for service at the time of death, may elect to receive the Pre-Retirement Optional Settlement 2 Death Benefit. 12. Effective January 1, 2013, the Public Employees’ Pension Reform Act of 2013 (PEPRA) shall apply to all sworn and non -sworn employees, as well as for employees transferring from other CalPERS or reciprocal agencies. B. Retiree Medical 1. Employees who separate and retire within 120 days from City service shall be allowed to purchase medical insu rance coverage through the City subject to applicable plan and PEMHCA requirements. 2. G.C. Section 22892. The City’s contribution shall be an equal amount for both employees and annuitants, which shall be the minimum contribution amount established by CalPERS on an annual basis. The City’s contribution shall be adjusted annually by the CalPERS Board to reflect any change in the medical care component of the Consumer Price Index, provided that the City is participating in the CalPERS Health Plan. 3. The City shall provide a supplemental contribution to employees that are: 1) employed on a full-time basis as of June 30, 2008 and who have been employed with the City on a full-time basis for five (5) years or more at the time of retirement; or 2) employed on a full-time basis after June 30, 2008 and who have been employed by the City on a full-time basis for ten (10) years or more at the time of retirement. The supplemental contribution shall be equal to the difference between the minimum contribution amount established by CalPERS as set forth above in Section 4. A. 1. and the following amounts: For single annuitant coverage: $175.10 For annuitant + 1 dependent: $302.85 For annuitant + 2 or more dependents: $376.79 SECTION 8. ANNUAL LEAVE Regular, full-time management employees shall accrue Annual Leave with pay to be used as leave for vacation, illnesses, and other personal purposes. Management employees may accrue such paid leave as provided by this provision to be used in the Page 144 of 561 RESOLUTION NO. PAGE 6 future or may convert annual leave to salary compensation under the conditions contained in these regulations. A. Accumulation Rates: Management employees shall accrue annual based upon the following schedule: 1. Management employees with less than five (5) years of service shall earn annual leave at the rate of 29 days (232 hours) per year; 2. Management employees with five (5) to ten (10) years of service shall earn annual leave at the rate of 31 days (248 hours) per year; 3. Management employees with ten (10) to fifteen (15) years of service shall earn annual leave at the rate of 33 days (264 hours) per year; and 4. Management employees with over fifteen (15) years of service shall earn annual leave at the rate of 34 days (272 hours) per year. 5. New full-time management employees shall be granted fifty-six (56) hours of Annual Leave upon hiring. However, additional Annual Leave shall not be accumulated until after completion of three (3) months of continuous service. If a new management employee terminates during the first three months of employment, the Annual Leave balance shall reflect the actual amount that would have been accumulated at the established rate per pay period, less any usage. If the employee’s usage of Annual Leave exceeds the adjust ed accumulation amount, the employee shall refund the excess amount used. The refund to the City shall be equal to excess hours used times the employee’s hourly salary compensation rate. B. Maximum Accrual: The maximum accrual of annual leave shall be 725 hours. If an employee has accrued the maximum number of hours, accrual of annual leave shall be discontinued. Accrual shall resume on the first day of the pay period following a reduction in the accrued balance below the maximum allowed. C. Conversion to Salary: Employees may convert a maximum of 48 hours of annual leave to salary compensation per year. Such conversions shall be allowed at the first pay period in July and at the first pay period in December of each year. In order to be eligible to convert annual leave to salary compensation, the employee must: a) convert a minimum of sixteen (16) hours to pay; and b) upon making the conversion to pay, the employee must be left with a minimum of 160 hours of annual leave. Page 145 of 561 RESOLUTION NO. PAGE 7 Employees who are promoted or reclassified into a management position and were not subject to the annual leave program for the entire twelve (12) month period shall be allowed to include previous vacation and sick leave use as annual leave for the purpose of this provision. D. Notification and Approval: Annual leave shall be scheduled in advance by the employee whenever possible, subject to the approval of the department director. It is the responsibility of the employee to provide the supervisor or department director with reasonable notice of an absence. The department director shall have the authority to approve or deny the use of annual leave for any period of absence. The scheduling of the use of annual leave shall be by the department director with due regard to the wishes of the employee and particular regard for the needs of the City. Employees who are off for extended periods due to illness or injury may be required to provide a physician’s statement authorizing their return to work. Reasonable absences of less than eight (8) hours shall not be debited against annual leave for exempt employees. Such absences should have the prior approval of the employee’s supervisor and/or City Manager. E. Separation from Employment: Management employees who separate their employment from the City shall have all annual leave accumulations converted to salary compensation at the employee’s current rate. Compensation shall be paid in one lump sum. Annual leave shall not be used to extend an employee’s actual date of separation. When notice is given by an employee that he/she is terminating, t he use of annual leave shall be suspended. The only exception t o this provision is that with the approval of the employee’s supervisor, the employee may be granted short-term leave (one (1) to three (3) days) to attend to personal business. However, such short-term leaves may not be conducted consecutively and with a frequency to create in effect, a long-term leave. F. Service Credit Conversion: 1. Upon retirement an employee may have unused annual leave converted to Service Credit with the Public Employees’ Retirement System (PERS). 2. Annual leave shall be converted to sick leave for PERS at the rate of one (1) hour of annual leave equals one (1) hour of sick leave. 3. When unused annual leave is converted to sick leave, for a service credit conversion, an employee may not receive additional cash compensation for the unused leave. Page 146 of 561 RESOLUTION NO. PAGE 8 G. Conversion of Sick leave and Vacation leave to Annual leave; Employees who are promoted or reclassified into a management position shall convert their sick leave and vacation leave accumulation to annual leave. 1. Sick leave accumulations shall be converted to annual leave at the rate of one (1) hour of sick leave equals one-half (0.5) hour of annual leave. 2. Vacation leave accumulations shall be converted to annual leave at the rate of one (1) hour of vacation leave equals one (1) hour of annual leave. SECTION 9. HOLIDAYS Management employees shall receive the following paid holidays: New Year’s Eve, December 31 New Year’s Day, January 1 Martin Luther King Day, third Monday of January President’s Day, third Monday of February Memorial Day, the last Monday in May Juneteenth Day, June 19 Independence Day, July 4 Labor Day, the first Monday in September Veteran’s Day, November 11 (or day of observance) Thanksgiving Day, fourth Thursday in November (or day of observance) Day following Thanksgiving Christmas Eve, December 24 Christmas Day, December 25 One Floating Day per Fiscal Year (employee choice with Supervisor approval) Every day designated by the President, Governor, or Mayo r for public observance as a special nonrecurring single event, such as the death of a national leader or end of war. All holidays in the above schedule that fall on a Saturday shall be observed on the preceding Friday; all holidays in the above schedule that fall on a Sunday shall be observed on the following Monday. SECTION 9. VEHICLE ASSIGNMENT OR ALLOWANCE Automobile allowance shall be provided in the amount of $200 per month for the Director of Legislative and Information Services, Director of Administrative Services, and Director of Recreation Services; and $275 per month for the Director of Community Development. The Police Chief shall be assigned a take home City vehicle. The Director of Public Works shall be assigned a City vehicle for use during work hours. Page 147 of 561 RESOLUTION NO. PAGE 9 SECTION 10. JURY DUTY Management employees shall be granted leave with full pay and no loss in benefits when called for jury duty if the employee remits jury fees received for such jury duty. The employee may retain all travel pay or subsistence pay granted by the court because of the employee’s participation in jury duty. The employee shall be responsible for notifying his/her supervisor as soon as possib le upon receiving notice to appear for jury duty, make every reasonable effort to keep his/her supervisor advised as to the anticipated length of service, and return to work immediately following the end of jury duty service. SECTION 11. BEREAVEMENT LEAVE Management employees are entitled to a paid bereavement leave of absence, not to exceed five (5) days, in the event of the death of a member of the employee’s immediate family, to include an employee’s or spouse’s parents, spouse, children, brother, sister, stepchildren, grandparents, grandchildren, aunt, uncle, son -in-law, daughter-in-law, step relatives described above, or any other person residing in the same household, for the purpose of attending the funeral and making other arrangements at the time the loss occurs. As a condition of granting leave for bereavement purposes, the appointing authority may request verification of the loss. Such leave is independent of annual leave. In order to receive this benefit, domestic partners must be registered with the Secretary of State. SECTION 12. EMPLOYEE ASSISTANCE PLAN The City shall provide an employee assistance plan for management employees and their dependents during the term of their employment. SECTION 13. UNIFORM ALLOWANCE The City shall provide annual cash allowances for ancillary uniforms and equipment items to the positions of Police Chief and Police Commander in the same amount and method as provided to the Arroyo Grande Police Officers’ Association . SECTION 14. SAFETY SHOES The City shall provide safety shoes to all employees with field work responsibilities in the amount and method specified in the Memorandum of Understanding between the City and Service Employees International Union Local 620 Arroyo Grande Chapter. SECTION 15. LONGEVITY PERFORMANCE STIPEND Sworn Police employees may qualify for 5% of their base salary as a longevity performance stipend upon completion of ten (10) years of continuous full -time employment with the City as a sworn officer and a “meets departm ent’s standards” or better performance evaluation. Should an employee receive an evaluation that “does Page 148 of 561 RESOLUTION NO. PAGE 10 not meet department standards”, they shall not qualify for the longevity performance stipend. Employees may qualify for an additional 2.5% of base sala ry as a longevity performance stipend upon completion of fifteen (15) years of continuous full -time employment with the City as a sworn officer and a “meets department’s standards” or better performance evaluation. Should an employee receive an evaluation that “does not meet department standards”, they shall not qualify for the longevity performance stipend. The Sworn Police employees and the City agree that the intent in providing a longevity performance stipend is for the benefit not to qualify as an item of special compensation that must be reported to CalPERS and included in the calculation of retirement benefits in accord with DiCarlo v. County of Monterey, No. H041400, (Cal. Ct. App. June 5, 2017). In the event that CalPERS at some time in the future determines that the longevity performance stipend meets the definition of “Special Compensation”, both parties agree to reopen negotiations related to the financial impacts and implementation of this issue. SECTION 16. DISABILITY INSURANCE Effective September 15, 2023, the City will pay the premiums for the State Disability Insurance for Management personnel. Should there be any future rate increases to State Disability Insurance and/or Family Temporary Disability Insurance plans after January 1, 2024, the City review and consider the responsibility for payment of such increases. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 12th day of September, 2023. Page 149 of 561 RESOLUTION NO. PAGE 11 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 150 of 561 EXHIBIT A Range LOW MID HIGH Position M-10 Biweekly 1,464.00 1,621.38 1,778.77 Monthly 3,172.00 3,513.00 3,854.00 Annual 38,064.00 42,156.00 46,248.00 M-11 Biweekly 1,499.08 1,661.08 1,823.08 Monthly 3,248.00 3,599.00 3,950.00 Annual 38,976.00 43,188.00 47,400.00 M-12 Biweekly 1,537.38 1,703.54 1,869.69 Monthly 3,331.00 3,691.00 4,051.00 Annual 39,972.00 44,292.00 48,612.00 M-13 Biweekly 1,575.23 1,745.54 1,915.85 Monthly 3,413.00 3,782.00 4,151.00 Annual 40,956.00 45,384.00 49,812.00 M-14 Biweekly 1,614.46 1,788.92 1,963.38 Monthly 3,498.00 3,876.00 4,254.00 Annual 41,976.00 46,512.00 51,048.00 M-15 Biweekly 1,654.15 1,833.23 2,012.31 Office Assistant I Monthly 3,584.00 3,972.00 4,360.00 Annual 43,008.00 47,664.00 52,320.00 M-16 Biweekly 1,697.08 1,879.38 2,061.69 Monthly 3,677.00 4,072.00 4,467.00 Annual 44,124.00 48,864.00 53,604.00 M-17 Biweekly 1,738.62 1,926.92 2,115.23 Monthly 3,767.00 4,175.00 4,583.00 Annual 45,204.00 50,100.00 54,996.00 M-18 Biweekly 1,782.00 1,974.92 2,167.85 Monthly 3,861.00 4,279.00 4,697.00 Annual 46,332.00 51,348.00 56,364.00 M-19 Biweekly 1,826.31 2,023.85 2,221.38 Office Assistant II Monthly 3,957.00 4,385.00 4,813.00 Annual 47,484.00 52,620.00 57,756.00 M-20 Biweekly 1,872.92 2,075.08 2,277.23 Monthly 4,058.00 4,496.00 4,934.00 Annual 48,696.00 53,952.00 59,208.00 M-21 Biweekly 1,920.00 2,127.23 2,334.46 Monthly 4,160.00 4,609.00 5,058.00 Annual 49,920.00 55,308.00 60,696.00 M-22 Biweekly 1,967.08 2,179.38 2,391.69 Monthly 4,262.00 4,722.00 5,182.00 Annual 51,144.00 56,664.00 62,184.00 CITY OF ARROYO GRANDE Management Salary Ranges Effective 09/15/2023 Page 151 of 561 EXHIBIT A Range LOW MID HIGH Position CITY OF ARROYO GRANDE Management Salary Ranges Effective 09/15/2023 M-23 Biweekly 2,017.85 2,235.23 2,452.62 Monthly 4,372.00 4,843.00 5,314.00 Annual 52,464.00 58,116.00 63,768.00 M-24 Biweekly 2,066.77 2,289.69 2,512.62 Monthly 4,478.00 4,961.00 5,444.00 Annual 53,736.00 59,532.00 65,328.00 M-25 Biweekly 2,118.46 2,347.62 2,576.77 Administrative Secretary Monthly 4,590.00 5,086.50 5,583.00 Annual 55,080.00 61,038.00 66,996.00 M-26 Biweekly 2,172.46 2,406.92 2,641.38 Monthly 4,707.00 5,215.00 5,723.00 Annual 56,484.00 62,580.00 68,676.00 M-27 Biweekly 2,225.54 2,466.69 2,707.85 Monthly 4,822.00 5,344.50 5,867.00 Annual 57,864.00 64,134.00 70,404.00 M-28 Biweekly 2,280.92 2,527.38 2,773.85 Monthly 4,942.00 5,476.00 6,010.00 Annual 59,304.00 65,712.00 72,120.00 M-29 Biweekly 2,338.62 2,591.31 2,844.00 Monthly 5,067.00 5,614.50 6,162.00 Annual 60,804.00 67,374.00 73,944.00 M-30 Biweekly 2,397.23 2,656.15 2,915.08 Executive Secretary Monthly 5,194.00 5,755.00 6,316.00 Annual 62,328.00 69,060.00 75,792.00 M-31 Biweekly 2,457.23 2,722.85 2,988.46 Monthly 5,324.00 5,899.50 6,475.00 Annual 63,888.00 70,794.00 77,700.00 M-32 Biweekly 2,519.54 2,790.46 3,061.38 Monthly 5,459.00 6,046.00 6,633.00 Annual 65,508.00 72,552.00 79,596.00 M-33 Biweekly 2,581.85 2,860.62 3,139.38 Monthly 5,594.00 6,198.00 6,802.00 Annual 67,128.00 74,376.00 81,624.00 M-34 Biweekly 2,645.54 2,931.92 3,218.31 Assistant Planner Monthly 5,732.00 6,352.50 6,973.00 Annual 68,784.00 76,230.00 83,676.00 M-35 Biweekly 2,712.92 3,004.62 3,296.31 Monthly 5,878.00 6,510.00 7,142.00 Annual 70,536.00 78,120.00 85,704.00 Page 152 of 561 EXHIBIT A Range LOW MID HIGH Position CITY OF ARROYO GRANDE Management Salary Ranges Effective 09/15/2023 M-36 Biweekly 2,780.77 3,080.31 3,379.85 Monthly 6,025.00 6,674.00 7,323.00 Annual 72,300.00 80,088.00 87,876.00 M-37 Biweekly 2,849.54 3,157.38 3,465.23 Deputy City Clerk/Communications Coord Monthly 6,174.00 6,841.00 7,508.00 Assistant Projects Manager Annual 74,088.00 82,092.00 90,096.00 M-38 Biweekly 2,921.08 3,236.08 3,551.08 Associate Planner Monthly 6,329.00 7,011.50 7,694.00 Annual 75,948.00 84,138.00 92,328.00 M-39 Biweekly 2,993.08 3,316.15 3,639.23 Monthly 6,485.00 7,185.00 7,885.00 Annual 77,820.00 86,220.00 94,620.00 M-40 Biweekly 3,069.23 3,399.92 3,730.62 Monthly 6,650.00 7,366.50 8,083.00 Annual 79,800.00 88,398.00 96,996.00 M-41 Biweekly 3,144.92 3,485.08 3,825.23 Monthly 6,814.00 7,551.00 8,288.00 Annual 81,768.00 90,612.00 99,456.00 M-42 Biweekly 3,223.85 3,571.62 3,919.38 Monthly 6,985.00 7,738.50 8,492.00 Annual 83,820.00 92,862.00 101,904.00 M-43 Biweekly 3,304.62 3,661.15 4,017.69 Monthly 7,160.00 7,932.50 8,705.00 Annual 85,920.00 95,190.00 104,460.00 M-44 Biweekly 3,387.23 3,753.23 4,119.23 Management Analyst Monthly 7,339.00 8,132.00 8,925.00 Annual 88,068.00 97,584.00 107,100.00 M-45 Biweekly 3,470.31 3,846.46 4,222.62 Monthly 7,519.00 8,334.00 9,149.00 Annual 90,228.00 100,008.00 109,788.00 M-46 Biweekly 3,558.46 3,942.46 4,326.46 Monthly 7,710.00 8,542.00 9,374.00 Annual 92,520.00 102,504.00 112,488.00 M-47 Biweekly 3,648.46 4,041.92 4,435.38 Public Works Manager Monthly 7,905.00 8,757.50 9,610.00 Annual 94,860.00 105,090.00 115,320.00 M-48 Biweekly 3,738.46 4,141.85 4,545.23 Monthly 8,100.00 8,974.00 9,848.00 Annual 97,200.00 107,688.00 118,176.00 Page 153 of 561 EXHIBIT A Range LOW MID HIGH Position CITY OF ARROYO GRANDE Management Salary Ranges Effective 09/15/2023 M-49 Biweekly 3,832.15 4,245.69 4,659.23 Capital Improvement Projects Manager Monthly 8,303.00 9,199.00 10,095.00 Annual 99,636.00 110,388.00 121,140.00 M-50 Biweekly 3,928.62 4,352.31 4,776.00 Planning Manager Monthly 8,512.00 9,430.00 10,348.00 Utilities Manager Annual 102,144.00 113,160.00 124,176.00 M-51 Biweekly 4,026.00 4,461.23 4,896.46 Building Official Monthly 8,723.00 9,666.00 10,609.00 Director of Legis and Info Services Annual 104,676.00 115,992.00 127,308.00 Director of Recreation Services Information Technology Manager M-52 Biweekly 4,126.15 4,572.23 5,018.31 Monthly 8,940.00 9,906.50 10,873.00 Annual 107,280.00 118,878.00 130,476.00 M-53 Biweekly 4,230.00 4,686.46 5,142.92 Accounting Manager Monthly 9,165.00 10,154.00 11,143.00 Annual 109,980.00 121,848.00 133,716.00 M-54 Biweekly 4,336.15 4,803.92 5,271.69 Human Resources Officer Monthly 9,395.00 10,408.50 11,422.00 Annual 112,740.00 124,902.00 137,064.00 M-55 Biweekly 4,445.08 4,924.62 5,404.15 Monthly 9,631.00 10,670.00 11,709.00 Annual 115,572.00 128,040.00 140,508.00 M-56 Biweekly 4,556.77 5,048.08 5,539.38 Monthly 9,873.00 10,937.50 12,002.00 Annual 118,476.00 131,250.00 144,024.00 M-57 Biweekly 4,668.00 5,172.46 5,676.92 Monthly 10,114.00 11,207.00 12,300.00 Annual 121,368.00 134,484.00 147,600.00 M-58 Biweekly 4,786.15 5,302.62 5,819.08 Monthly 10,370.00 11,489.00 12,608.00 Annual 124,440.00 137,868.00 151,296.00 M-59 Biweekly 4,904.31 5,434.85 5,965.38 City Engineer Monthly 10,626.00 11,775.50 12,925.00 Annual 127,512.00 141,306.00 155,100.00 M-60 Biweekly 5,028.92 5,571.92 6,114.92 Monthly 10,896.00 12,072.50 13,249.00 Annual 130,752.00 144,870.00 158,988.00 M-61 Biweekly 5,155.38 5,711.08 6,266.77 Monthly 11,170.00 12,374.00 13,578.00 Page 154 of 561 EXHIBIT A Range LOW MID HIGH Position CITY OF ARROYO GRANDE Management Salary Ranges Effective 09/15/2023 Annual 134,040.00 148,488.00 162,936.00 M-62 Biweekly 5,281.38 5,852.54 6,423.69 Monthly 11,443.00 12,680.50 13,918.00 Annual 137,316.00 152,166.00 167,016.00 M-63 Biweekly 5,413.85 5,998.38 6,582.92 Police Commander Monthly 11,730.00 12,996.50 14,263.00 Annual 140,760.00 155,958.00 171,156.00 M-64 Biweekly 5,549.54 6,149.77 6,750.00 Monthly 12,024.00 13,324.50 14,625.00 Annual 144,288.00 159,894.00 175,500.00 M-65 Biweekly 5,689.85 6,303.46 6,917.08 Monthly 12,328.00 13,657.50 14,987.00 Annual 147,936.00 163,890.00 179,844.00 M-66 Biweekly 5,830.15 6,459.69 7,089.23 Monthly 12,632.00 13,996.00 15,360.00 Annual 151,584.00 167,952.00 184,320.00 M-67 Biweekly 5,976.46 6,622.62 7,268.77 Monthly 12,949.00 14,349.00 15,749.00 Annual 155,388.00 172,188.00 188,988.00 M-68 Biweekly 6,126.92 6,788.31 7,449.69 Director of Administrative Services Monthly 13,275.00 14,708.00 16,141.00 Director of Community Development Annual 159,300.00 176,496.00 193,692.00 Director of Public Works M-69 Biweekly 6,279.69 6,957.69 7,635.69 Monthly 13,606.00 15,075.00 16,544.00 Annual 163,272.00 180,900.00 198,528.00 M-70 Biweekly 6,437.08 7,131.92 7,826.77 Monthly 13,947.00 15,452.50 16,958.00 Annual 167,364.00 185,430.00 203,496.00 M-71 Biweekly 6,597.69 7,310.08 8,022.46 Monthly 14,295.00 15,838.50 17,382.00 Annual 171,540.00 190,062.00 208,584.00 M-72 Biweekly 6,762.46 7,492.62 8,222.77 Police Chief Monthly 14,652.00 16,234.00 17,816.00 Annual 175,824.00 194,808.00 213,792.00 M-73 Biweekly 6,931.85 7,680.23 8,428.62 Monthly 15,019.00 16,640.50 18,262.00 Annual 180,228.00 199,686.00 219,144.00 M-74 Biweekly 7,105.38 7,872.23 8,639.08 Assistant City Manager/Public Works Monthly 15,395.00 17,056.50 18,718.00 Director Page 155 of 561 EXHIBIT A Range LOW MID HIGH Position CITY OF ARROYO GRANDE Management Salary Ranges Effective 09/15/2023 Annual 184,740.00 204,678.00 224,616.00 M-75 Biweekly 7,283.08 8,069.08 8,855.08 Monthly 15,780.00 17,483.00 19,186.00 Annual 189,360.00 209,796.00 230,232.00 M-76 Biweekly 7,464.92 8,270.77 9,076.62 Monthly 16,174.00 17,920.00 19,666.00 Annual 194,088.00 215,040.00 235,992.00 M-77 Biweekly 7,651.38 8,477.54 9,303.69 Monthly 16,578.00 18,368.00 20,158.00 Annual 198,936.00 220,416.00 241,896.00 M-78 Biweekly 7,842.92 8,689.62 9,536.31 City Manager Monthly 16,993.00 18,827.50 20,662.00 Annual 203,916.00 225,930.00 247,944.00 Page 156 of 561 EXHIBIT B Range LOW MID HIGH Position M-10 Biweekly 1,515.23 1,678.15 1,841.08 Monthly 3,283.00 3,636.00 3,989.00 Annual 39,396.00 43,632.00 47,868.00 M-11 Biweekly 1,551.69 1,719.23 1,886.77 Monthly 3,362.00 3,725.00 4,088.00 Annual 40,344.00 44,700.00 49,056.00 M-12 Biweekly 1,591.38 1,763.31 1,935.23 Monthly 3,448.00 3,820.50 4,193.00 Annual 41,376.00 45,846.00 50,316.00 M-13 Biweekly 1,630.15 1,806.46 1,982.77 Monthly 3,532.00 3,914.00 4,296.00 Annual 42,384.00 46,968.00 51,552.00 M-14 Biweekly 1,670.77 1,851.46 2,032.15 Monthly 3,620.00 4,011.50 4,403.00 Annual 43,440.00 48,138.00 52,836.00 M-15 Biweekly 1,711.85 1,897.38 2,082.92 Office Assistant I Monthly 3,709.00 4,111.00 4,513.00 Annual 44,508.00 49,332.00 54,156.00 M-16 Biweekly 1,756.62 1,945.15 2,133.69 Monthly 3,806.00 4,214.50 4,623.00 Annual 45,672.00 50,574.00 55,476.00 M-17 Biweekly 1,799.54 1,994.31 2,189.08 Monthly 3,899.00 4,321.00 4,743.00 Annual 46,788.00 51,852.00 56,916.00 M-18 Biweekly 1,844.31 2,043.92 2,243.54 Monthly 3,996.00 4,428.50 4,861.00 Annual 47,952.00 53,142.00 58,332.00 M-19 Biweekly 1,890.00 2,094.46 2,298.92 Office Assistant II Monthly 4,095.00 4,538.00 4,981.00 Annual 49,140.00 54,456.00 59,772.00 M-20 Biweekly 1,938.46 2,147.77 2,357.08 Monthly 4,200.00 4,653.50 5,107.00 Annual 50,400.00 55,842.00 61,284.00 M-21 Biweekly 1,987.38 2,201.77 2,416.15 Monthly 4,306.00 4,770.50 5,235.00 Annual 51,672.00 57,246.00 62,820.00 M-22 Biweekly 2,035.85 2,255.54 2,475.23 Monthly 4,411.00 4,887.00 5,363.00 Annual 52,932.00 58,644.00 64,356.00 CITY OF ARROYO GRANDE Management Salary Ranges Effective 07/05/2024 Page 157 of 561 EXHIBIT B Range LOW MID HIGH Position CITY OF ARROYO GRANDE Management Salary Ranges Effective 07/05/2024 M-23 Biweekly 2,088.46 2,313.46 2,538.46 Monthly 4,525.00 5,012.50 5,500.00 Annual 54,300.00 60,150.00 66,000.00 M-24 Biweekly 2,139.23 2,370.00 2,600.77 Monthly 4,635.00 5,135.00 5,635.00 Annual 55,620.00 61,620.00 67,620.00 M-25 Biweekly 2,192.77 2,429.77 2,666.77 Administrative Secretary Monthly 4,751.00 5,264.50 5,778.00 Annual 57,012.00 63,174.00 69,336.00 M-26 Biweekly 2,248.62 2,491.15 2,733.69 Monthly 4,872.00 5,397.50 5,923.00 Annual 58,464.00 64,770.00 71,076.00 M-27 Biweekly 2,303.54 2,553.00 2,802.46 Monthly 4,991.00 5,531.50 6,072.00 Annual 59,892.00 66,378.00 72,864.00 M-28 Biweekly 2,360.77 2,615.77 2,870.77 Monthly 5,115.00 5,667.50 6,220.00 Annual 61,380.00 68,010.00 74,640.00 M-29 Biweekly 2,420.31 2,682.00 2,943.69 Monthly 5,244.00 5,811.00 6,378.00 Annual 62,928.00 69,732.00 76,536.00 M-30 Biweekly 2,481.23 2,749.15 3,017.08 Executive Secretary Monthly 5,376.00 5,956.50 6,537.00 Annual 64,512.00 71,478.00 78,444.00 M-31 Biweekly 2,543.08 2,818.15 3,093.23 Monthly 5,510.00 6,106.00 6,702.00 Annual 66,120.00 73,272.00 80,424.00 M-32 Biweekly 2,607.69 2,888.08 3,168.46 Monthly 5,650.00 6,257.50 6,865.00 Annual 67,800.00 75,090.00 82,380.00 M-33 Biweekly 2,672.31 2,960.77 3,249.23 Monthly 5,790.00 6,415.00 7,040.00 Annual 69,480.00 76,980.00 84,480.00 M-34 Biweekly 2,738.31 3,034.62 3,330.92 Assistant Planner Monthly 5,933.00 6,575.00 7,217.00 Annual 71,196.00 78,900.00 86,604.00 M-35 Biweekly 2,808.00 3,109.85 3,411.69 Monthly 6,084.00 6,738.00 7,392.00 Annual 73,008.00 80,856.00 88,704.00 Page 158 of 561 EXHIBIT B Range LOW MID HIGH Position CITY OF ARROYO GRANDE Management Salary Ranges Effective 07/05/2024 M-36 Biweekly 2,878.15 3,188.08 3,498.00 Monthly 6,236.00 6,907.50 7,579.00 Annual 74,832.00 82,890.00 90,948.00 M-37 Biweekly 2,949.23 3,267.92 3,586.62 Deputy City Clerk/Communications Coord Monthly 6,390.00 7,080.50 7,771.00 Assistant Projects Manager Annual 76,680.00 84,966.00 93,252.00 M-38 Biweekly 3,023.54 3,349.38 3,675.23 Associate Planner Monthly 6,551.00 7,257.00 7,963.00 Annual 78,612.00 87,084.00 95,556.00 M-39 Biweekly 3,097.85 3,432.23 3,766.62 Monthly 6,712.00 7,436.50 8,161.00 Annual 80,544.00 89,238.00 97,932.00 M-40 Biweekly 3,176.77 3,519.00 3,861.23 Monthly 6,883.00 7,624.50 8,366.00 Annual 82,596.00 91,494.00 100,392.00 M-41 Biweekly 3,254.77 3,606.92 3,959.08 Monthly 7,052.00 7,815.00 8,578.00 Annual 84,624.00 93,780.00 102,936.00 M-42 Biweekly 3,336.46 3,696.46 4,056.46 Monthly 7,229.00 8,009.00 8,789.00 Annual 86,748.00 96,108.00 105,468.00 M-43 Biweekly 3,420.46 3,789.46 4,158.46 Monthly 7,411.00 8,210.50 9,010.00 Annual 88,932.00 98,526.00 108,120.00 M-44 Biweekly 3,505.85 3,884.54 4,263.23 Management Analyst Monthly 7,596.00 8,416.50 9,237.00 Annual 91,152.00 100,998.00 110,844.00 M-45 Biweekly 3,591.69 3,981.00 4,370.31 Monthly 7,782.00 8,625.50 9,469.00 Annual 93,384.00 103,506.00 113,628.00 M-46 Biweekly 3,683.08 4,080.46 4,477.85 Monthly 7,980.00 8,841.00 9,702.00 Annual 95,760.00 106,092.00 116,424.00 M-47 Biweekly 3,776.31 4,183.38 4,590.46 Public Works Manager Monthly 8,182.00 9,064.00 9,946.00 Annual 98,184.00 108,768.00 119,352.00 M-48 Biweekly 3,869.54 4,287.00 4,704.46 Monthly 8,384.00 9,288.50 10,193.00 Annual 100,608.00 111,462.00 122,316.00 Page 159 of 561 EXHIBIT B Range LOW MID HIGH Position CITY OF ARROYO GRANDE Management Salary Ranges Effective 07/05/2024 M-49 Biweekly 3,966.46 4,394.31 4,822.15 Capital Improvement Projects Manager Monthly 8,594.00 9,521.00 10,448.00 Annual 103,128.00 114,252.00 125,376.00 M-50 Biweekly 4,066.15 4,504.62 4,943.08 Planning Manager Monthly 8,810.00 9,760.00 10,710.00 Utilities Manager Annual 105,720.00 117,120.00 128,520.00 M-51 Biweekly 4,166.77 4,617.23 5,067.69 Building Official Monthly 9,028.00 10,004.00 10,980.00 Director of Legis and Info Services Annual 108,336.00 120,048.00 131,760.00 Director of Recreation Services Information Technology Manager M-52 Biweekly 4,270.62 4,732.38 5,194.15 Monthly 9,253.00 10,253.50 11,254.00 Annual 111,036.00 123,042.00 135,048.00 M-53 Biweekly 4,378.15 4,850.54 5,322.92 Accounting Manager Monthly 9,486.00 10,509.50 11,533.00 Annual 113,832.00 126,114.00 138,396.00 M-54 Biweekly 4,488.00 4,972.15 5,456.31 Human Resources Officer Monthly 9,724.00 10,773.00 11,822.00 Annual 116,688.00 129,276.00 141,864.00 M-55 Biweekly 4,600.62 5,097.00 5,593.38 Monthly 9,968.00 11,043.50 12,119.00 Annual 119,616.00 132,522.00 145,428.00 M-56 Biweekly 4,716.46 5,224.85 5,733.23 Monthly 10,219.00 11,320.50 12,422.00 Annual 122,628.00 135,846.00 149,064.00 M-57 Biweekly 4,831.38 5,353.62 5,875.85 Monthly 10,468.00 11,599.50 12,731.00 Annual 125,616.00 139,194.00 152,772.00 M-58 Biweekly 4,953.69 5,488.15 6,022.62 Monthly 10,733.00 11,891.00 13,049.00 Annual 128,796.00 142,692.00 156,588.00 M-59 Biweekly 5,076.00 5,625.00 6,174.00 City Engineer Monthly 10,998.00 12,187.50 13,377.00 Annual 131,976.00 146,250.00 160,524.00 M-60 Biweekly 5,204.77 5,766.92 6,329.08 Monthly 11,277.00 12,495.00 13,713.00 Annual 135,324.00 149,940.00 164,556.00 M-61 Biweekly 5,335.85 5,910.92 6,486.00 Monthly 11,561.00 12,807.00 14,053.00 Page 160 of 561 EXHIBIT B Range LOW MID HIGH Position CITY OF ARROYO GRANDE Management Salary Ranges Effective 07/05/2024 Annual 138,732.00 153,684.00 168,636.00 M-62 Biweekly 5,466.46 6,057.46 6,648.46 Monthly 11,844.00 13,124.50 14,405.00 Annual 142,128.00 157,494.00 172,860.00 M-63 Biweekly 5,603.54 6,208.38 6,813.23 Police Commander Monthly 12,141.00 13,451.50 14,762.00 Annual 145,692.00 161,418.00 177,144.00 M-64 Biweekly 5,743.85 6,365.08 6,986.31 Monthly 12,445.00 13,791.00 15,137.00 Annual 149,340.00 165,492.00 181,644.00 M-65 Biweekly 5,888.77 6,524.08 7,159.38 Monthly 12,759.00 14,135.50 15,512.00 Annual 153,108.00 169,626.00 186,144.00 M-66 Biweekly 6,034.15 6,685.85 7,337.54 Monthly 13,074.00 14,486.00 15,898.00 Annual 156,888.00 173,832.00 190,776.00 M-67 Biweekly 6,185.54 6,854.31 7,523.08 Monthly 13,402.00 14,851.00 16,300.00 Annual 160,824.00 178,212.00 195,600.00 M-68 Biweekly 6,341.54 7,026.00 7,710.46 Director of Administrative Services Monthly 13,740.00 15,223.00 16,706.00 Director of Community Development Annual 164,880.00 182,676.00 200,472.00 Director of Public Works M-69 Biweekly 6,499.38 7,201.15 7,902.92 Monthly 14,082.00 15,602.50 17,123.00 Annual 168,984.00 187,230.00 205,476.00 M-70 Biweekly 6,662.31 7,381.62 8,100.92 Monthly 14,435.00 15,993.50 17,552.00 Annual 173,220.00 191,922.00 210,624.00 M-71 Biweekly 6,828.46 7,565.77 8,303.08 Monthly 14,795.00 16,392.50 17,990.00 Annual 177,540.00 196,710.00 215,880.00 M-72 Biweekly 6,999.23 7,755.00 8,510.77 Police Chief Monthly 15,165.00 16,802.50 18,440.00 Annual 181,980.00 201,630.00 221,280.00 M-73 Biweekly 7,174.62 7,949.08 8,723.54 Monthly 15,545.00 17,223.00 18,901.00 Annual 186,540.00 206,676.00 226,812.00 M-74 Biweekly 7,354.15 8,147.77 8,941.38 Assistant City Manager/Public Works Monthly 15,934.00 17,653.50 19,373.00 Director Page 161 of 561 EXHIBIT B Range LOW MID HIGH Position CITY OF ARROYO GRANDE Management Salary Ranges Effective 07/05/2024 Annual 191,208.00 211,842.00 232,476.00 M-75 Biweekly 7,537.85 8,351.54 9,165.23 Monthly 16,332.00 18,095.00 19,858.00 Annual 195,984.00 217,140.00 238,296.00 M-76 Biweekly 7,726.15 8,560.15 9,394.15 Monthly 16,740.00 18,547.00 20,354.00 Annual 200,880.00 222,564.00 244,248.00 M-77 Biweekly 7,919.08 8,774.31 9,629.54 Monthly 17,158.00 19,011.00 20,864.00 Annual 205,896.00 228,132.00 250,368.00 M-78 Biweekly 8,117.54 8,993.77 9,870.00 City Manager Monthly 17,588.00 19,486.50 21,385.00 Annual 211,056.00 233,838.00 256,620.00 Page 162 of 561 ATTACHMENT 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING COMPENSATION ADJUSTMENTS FOR PART-TIME EMPLOYEES WHEREAS, the City Council of the City of Arroyo Grande (“City”) deems it in the best interest of the City and in order to ensure compliance with State law, that compensation for part-time employees be adjusted as hereinafter provided . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 1. Salary ranges for part-time employee classifications shall be adjusted as designated in Exhibit “A” attached hereto and incorporated herein by this reference, to be effective for the pay period beginning September 15, 2023. 2. All other part-time employee salary and benefit terms and conditions remain in full force and effect. 3. The Citywide Combined Salary Schedule as designated in Exhibit “B”, attached hereto and incorporated herein by this reference, to be effective September 15, 2023, reflecting the above described changes is hereby adopted. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 12th day of September, 2023. Page 163 of 561 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 Page 164 of 561 CITY OF ARROYO GRANDE COMBINED SALARY SCHEDULE EFFECTIVE 09/15/2023 GROUP: PART-TIME POSITIONS POLICE DEPARTMENT Step A Step B Step C Step D Administrative Intern (Cadet)$17.38 $18.24 $19.16 $20.12 Records Clerk $22.29 $23.40 $24.57 $25.80 Fleet & Equipment Technician $26.92 $28.27 $29.68 $31.17 Neighborhood Services Technician $24.03 $25.23 $26.49 $27.82 Training Technician $26.92 $28.27 $29.68 $31.17 Police Reserve Officer Trainee $25.70 $26.98 $28.33 $29.75 Police Reserve Officer $29.51 $30.98 $32.53 $34.16 Designated Level I Reserve Officer $36.88 $38.73 $40.66 $42.70 RECREATION SERVICES DEPARTMENT Facility Attendant $16.07 $16.88 $17.72 $18.61 Senior Facility Attendant $17.08 $17.93 $18.83 $19.77 Sports Facility Attendant $16.07 $16.88 $17.72 $18.61 Volunteer and Program Coordinator $26.37 $27.69 $29.07 $30.53 MISCELLANEOUS Capital Improvement Projects Manager $47.90 $51.14 $54.59 $58.24 Administrative Intern $16.87 $17.71 $18.60 $19.53 Office Assistant I $18.02 $18.92 $19.87 $20.86 Office Assistant II $21.07 $22.13 $23.23 $24.40 Sr. Office Assistant $22.18 $23.29 $24.45 $25.68 Administrative Secretary $25.35 $26.62 $27.95 $29.34 Executive Secretary $29.96 $31.46 $33.03 $34.68 Building Permit Technician $27.92 $29.32 $30.78 $32.32 Assistant Engineer $37.56 $39.44 $41.41 $43.48 Associate Engineer $42.49 $44.61 $46.85 $49.19 Planning Technician $27.92 $29.32 $30.78 $32.32 Assistant Planner $33.07 $34.72 $36.46 $38.28 Associate Planner $36.51 $38.34 $40.25 $42.26 Custodian $18.85 $19.79 $20.78 $21.82 Maintenance Worker $22.36 $23.48 $24.65 $25.88 Student Intern (seasonal)$16.07 FIVE CITIES FIRE AUTHORITY Office Assistant II $18.81 $19.75 $20.72 $21.77 Reserve Firefighter $16.00 $17.00 $18.00 HOURLY RATE EXHIBIT A Page 165 of 561 GROUP: SEIU Position A B C D E Office Assistant I Biweekly 1,661.07 1,744.13 1,831.33 1,922.90 2,019.05 Monthly 3,598.99 3,778.94 3,967.89 4,166.29 4,374.60 Annual 43,187.94 45,347.33 47,614.70 49,995.44 52,495.21 Accounting Clerk I Biweekly 1,702.60 1,787.73 1,877.12 1,970.97 2,069.52 Monthly 3,688.97 3,873.42 4,067.09 4,270.44 4,483.97 Annual 44,267.64 46,481.02 48,805.07 51,245.32 53,807.59 Maintenance Worker I Biweekly 1,788.80 1,878.24 1,972.15 2,070.75 2,174.29 Monthly 3,875.72 4,069.51 4,272.99 4,486.63 4,710.97 Annual 46,508.68 48,834.12 51,275.82 53,839.62 56,531.60 Office Assistant II Biweekly 1,833.52 1,925.19 2,021.45 2,122.52 2,228.65 Monthly 3,972.62 4,171.25 4,379.81 4,598.80 4,828.74 Annual 47,671.40 50,054.97 52,557.72 55,185.61 57,944.89 Accounting Clerk II Biweekly 1,974.50 2,073.22 2,176.88 2,285.73 2,400.01 Maintenance Worker II Monthly 4,278.07 4,491.98 4,716.58 4,952.41 5,200.03 Neighborhood Services Tech.Annual 51,336.88 53,903.73 56,598.92 59,428.86 62,400.30 Administrative Secretary Biweekly 2,179.47 2,288.45 2,402.87 2,523.01 2,649.16 Monthly 4,722.19 4,958.30 5,206.22 5,466.53 5,739.86 Annual 56,666.32 59,499.63 62,474.61 65,598.34 68,878.26 Senior Accounting Clerk Biweekly 2,233.96 2,345.66 2,462.94 2,586.09 2,715.39 Building Permit Tech.Monthly 4,840.25 5,082.26 5,336.37 5,603.19 5,883.35 Plan/Engineer Permit Tech Annual 58,082.97 60,987.12 64,036.48 67,238.30 70,600.22 Sports Facility Coord. Recreation Coordinator Maintenance Worker III Water Services Worker Biweekly 2,347.05 2,464.41 2,587.63 2,717.01 2,852.86 Monthly 5,085.29 5,339.55 5,606.53 5,886.85 6,181.20 Annual 61,023.42 64,074.59 67,278.32 70,642.24 74,174.35 Fleet Maint. Coordinator Biweekly 2,465.87 2,589.17 2,718.63 2,854.56 2,997.29 Community Services Specialist Monthly 5,342.73 5,609.86 5,890.36 6,184.88 6,494.12 Annual 64,112.73 67,318.37 70,684.29 74,218.50 77,929.43 Public Works Lead Worker Biweekly 2,527.52 2,653.90 2,786.59 2,925.92 3,072.22 Parks Lead Worker Monthly 5,476.30 5,750.11 6,037.62 6,339.50 6,656.47 Annual 65,715.55 69,001.33 72,451.40 76,073.97 79,877.67 CITY OF ARROYO GRANDE COMBINED SALARY SCHEDULE EFFECTIVE 09/15/2023 EXHIBIT B Page 166 of 561 CITY OF ARROYO GRANDE COMBINED SALARY SCHEDULE EFFECTIVE 09/15/2023 GROUP: SEIU Position A B C D E GIS Technician Biweekly 2,721.86 2,857.96 3,000.86 3,150.90 3,308.44 Monthly 5,897.37 6,192.24 6,501.85 6,826.95 7,168.29 Annual 70,768.46 74,306.89 78,022.23 81,923.34 86,019.51 Recreation Supervisor Biweekly 2,789.91 2,929.41 3,075.88 3,229.67 3,391.15 Streets Maintenance Supervisor Monthly 6,044.81 6,347.05 6,664.40 6,997.62 7,347.50 Parks, Tree & Landscape Supervisor Annual 72,537.67 76,164.56 79,972.79 83,971.43 88,170.00 Utilities/Water & Sewer System Supervisor Soto Sports Complex Maint. & Coord. Supervisor Citywide Fleet Coordinator Biweekly 2,859.66 3,002.64 3,152.77 3,310.41 3,475.93 Monthly 6,195.93 6,505.72 6,831.01 7,172.56 7,531.19 Annual 74,351.12 78,068.67 81,972.11 86,070.71 90,374.25 IT Specialist Biweekly 3,004.43 3,154.65 3,312.38 3,478.00 3,651.90 Assistant Engineer Monthly 6,509.60 6,835.07 7,176.83 7,535.67 7,912.45 Engineering Inspector Annual 78,115.14 82,020.90 86,121.94 90,428.04 94,949.44 Program Analyst Associate Engineer Biweekly 3,399.24 3,569.20 3,747.66 3,935.04 4,131.79 Monthly 7,365.01 7,733.26 8,119.92 8,525.92 8,952.21 Annual 88,380.11 92,799.12 97,439.07 102,311.03 107,426.58 Senior Engineer Biweekly 3,660.60 3,843.63 4,035.82 4,237.61 4,449.49 Monthly 7,931.31 8,327.88 8,744.27 9,181.48 9,640.56 Annual 95,175.71 99,934.50 104,931.23 110,177.79 115,686.68 Page 167 of 561 CITY OF ARROYO GRANDE COMBINED SALARY SCHEDULE EFFECTIVE 09/15/2023 GROUP: POA Position A B C D E Police Officer Biweekly 3,287.34 3,451.71 3,624.30 3,805.51 3,995.79 Monthly 7,122.58 7,478.70 7,852.64 8,245.27 8,657.54 Annual 85,470.91 89,744.45 94,231.68 98,943.26 103,890.42 Sr. Police Officer Biweekly 3,630.07 3,811.57 4,002.15 4,202.26 4,412.37 Monthly 7,865.15 8,258.40 8,671.32 9,104.89 9,560.13 Annual 94,381.74 99,100.83 104,055.87 109,258.66 114,721.60 Police Sergeant Biweekly 4,312.46 4,528.08 4,754.49 4,992.21 5,241.82 Monthly 9,343.67 9,810.85 10,301.39 10,816.46 11,357.28 Annual 112,123.98 117,730.18 123,616.69 129,797.53 136,287.40 Records Clerk Biweekly 2,097.48 2,202.35 2,312.47 2,428.10 2,549.50 Monthly 4,544.54 4,771.77 5,010.36 5,260.87 5,523.92 Annual 54,534.50 57,261.22 60,124.28 63,130.50 66,287.02 Records/Property Evidence Tech.Biweekly 2,317.30 2,433.16 2,554.82 2,682.56 2,816.69 Monthly 5,020.81 5,271.85 5,535.44 5,812.21 6,102.83 Annual 60,249.71 63,262.20 66,425.31 69,746.57 73,233.90 Police Trainee Biweekly 2,621.57 2,752.65 2,890.28 3,034.80 3,186.54 Monthly 5,680.07 5,964.07 6,262.28 6,575.39 6,904.16 Annual 68,160.85 71,568.89 75,147.34 78,904.70 82,849.94 Page 168 of 561 CITY OF ARROYO GRANDE COMBINED SALARY SCHEDULE EFFECTIVE 09/15/2023 GROUP: FCFA IAFF Position A B C D E Fire Fighter Biweekly 2,365 2,483 2,607 2,737 2,875 Monthly 5,124 5,380 5,649 5,931 6,228 Annual 61,488 64,562 67,791 71,168 74,738 Fire Engineer Biweekly 2,742 2,880 3,024 3,175 3,333 Monthly 5,942 6,239 6,551 6,879 7,222 Annual 71,304 74,869 78,613 82,543 86,658 Fire Captain Biweekly 3,260 3,423 3,594 3,774 3,963 Monthly 7,063 7,417 7,787 8,177 8,586 Annual 84,756 89,006 93,444 98,128 103,035 GROUP: FCFA MANAGEMENT Position LOW MID HIGH Administrative Operations Manager/Biweekly 3,273 3,626 3,980 Clerk to the Board Monthly 7,091 7,857 8,623 Annual 85,089 94,280 103,471 Battalion Chief Biweekly 4,843 5,365 5,888 Monthly 10,493 11,625 12,756 Annual 125,919 139,495 153,077 Fire Chief Biweekly 5,618 6,224 6,831 Monthly 12,173 13,487 14,802 Annual 146,072 161,833 177,618 Page 169 of 561 CITY OF ARROYO GRANDE COMBINED SALARY SCHEDULE EFFECTIVE 09/15/2023 GROUP: MANAGEMENT Position LOW MID HIGH Office Assistant I Biweekly 1,654.15 1,833.23 2,012.31 Monthly 3,584.00 3,972.00 4,360.00 Annual 43,008.00 47,664.00 52,320.00 Office Assistant II Biweekly 1,826.31 2,023.85 2,221.38 Monthly 3,957.00 4,385.00 4,813.00 Annual 47,484.00 52,620.00 57,756.00 Administrative Secretary Biweekly 2,118.46 2,347.62 2,576.77 Monthly 4,590.00 5,086.50 5,583.00 Annual 55,080.00 61,038.00 66,996.00 Executive Secretary Biweekly 2,397.23 2,656.15 2,915.08 Monthly 5,194.00 5,755.00 6,316.00 Annual 62,328.00 69,060.00 75,792.00 Assistant Planner Biweekly 2,645.54 2,931.92 3,218.31 Monthly 5,732.00 6,352.50 6,973.00 Annual 68,784.00 76,230.00 83,676.00 Deputy City Clerk/ Biweekly 2,849.54 3,157.38 3,465.23 Communications Coordinator Monthly 6,174.00 6,841.00 7,508.00 Assistant Projects Manager Annual 74,088.00 82,092.00 90,096.00 Associate Planner Biweekly 2,921.08 3,236.08 3,551.08 Monthly 6,329.00 7,011.50 7,694.00 Annual 75,948.00 84,138.00 92,328.00 Management Analyst Biweekly 3,387.23 3,753.23 4,119.23 Monthly 7,339.00 8,132.00 8,925.00 Annual 88,068.00 97,584.00 107,100.00 Public Works Manager Biweekly 3,648.46 4,041.92 4,435.38 Monthly 7,905.00 8,757.50 9,610.00 Annual 94,860.00 105,090.00 115,320.00 Capital Improvement Projects Biweekly 3,832.15 4,245.69 4,659.23 Manager Monthly 8,303.00 9,199.00 10,095.00 Annual 99,636.00 110,388.00 121,140.00 Planning Manager Biweekly 3,928.62 4,352.31 4,776.00 Utilities Manager Monthly 8,512.00 9,430.00 10,348.00 Annual 102,144.00 113,160.00 124,176.00 Page 170 of 561 CITY OF ARROYO GRANDE COMBINED SALARY SCHEDULE EFFECTIVE 09/15/2023 GROUP: MANAGEMENT Position LOW MID HIGH Building Official Biweekly 4,026.00 4,461.23 4,896.46 Dir of Legis and Info Services Monthly 8,723.00 9,666.00 10,609.00 Dir of Recreation Services Annual 104,676.00 115,992.00 127,308.00 Information Technology Mgr Accounting Manager Biweekly 4,230.00 4,686.46 5,142.92 Monthly 9,165.00 10,154.00 11,143.00 Annual 109,980.00 121,848.00 133,716.00 Human Resources Officer Biweekly 4,336.15 4,803.92 5,271.69 Monthly 9,395.00 10,408.50 11,422.00 Annual 112,740.00 124,902.00 137,064.00 City Engineer Biweekly 4,904.31 5,434.85 5,965.38 Monthly 10,626.00 11,775.50 12,925.00 Annual 127,512.00 141,306.00 155,100.00 Police Commander Biweekly 5,413.85 5,998.38 6,582.92 Monthly 11,730.00 12,996.50 14,263.00 Annual 140,760.00 155,958.00 171,156.00 Director of Public Works Biweekly 6,126.92 6,788.31 7,449.69 Dir of Administrative Services Monthly 13,275.00 14,708.00 16,141.00 Dir of Community Develop Annual 159,300.00 176,496.00 193,692.00 Police Chief Biweekly 6,762.46 7,492.62 8,222.77 Monthly 14,652.00 16,234.00 17,816.00 Annual 175,824.00 194,808.00 213,792.00 Assistant City Manager/Public Biweekly 7,105.38 7,872.23 8,639.08 Works Director Monthly 15,395.00 17,056.50 18,718.00 Annual 184,740.00 204,678.00 224,616.00 City Manager Biweekly 7,842.92 8,689.62 9,536.31 Monthly 16,993.00 18,827.50 20,662.00 Annual 203,916.00 225,930.00 247,944.00 Page 171 of 561 CITY OF ARROYO GRANDE COMBINED SALARY SCHEDULE EFFECTIVE 09/15/2023 GROUP: PART-TIME POSITIONS POLICE DEPARTMENT Step A Step B Step C Step D Administrative Intern (Cadet)$17.38 $18.24 $19.16 $20.12 Records Clerk $22.29 $23.40 $24.57 $25.80 Fleet & Equipment Technician $26.92 $28.27 $29.68 $31.17 Neighborhood Services Technician $24.03 $25.23 $26.49 $27.82 Training Technician $26.92 $28.27 $29.68 $31.17 Police Reserve Officer Trainee $25.70 $26.98 $28.33 $29.75 Police Reserve Officer $29.51 $30.98 $32.53 $34.16 Designated Level I Reserve Officer $36.88 $38.73 $40.66 $42.70 RECREATION SERVICES DEPARTMENT Facility Attendant $16.07 $16.88 $17.72 $18.61 Senior Facility Attendant $17.08 $17.93 $18.83 $19.77 Sports Facility Attendant $16.07 $16.88 $17.72 $18.61 Volunteer and Program Coordinator $26.37 $27.69 $29.07 $30.53 MISCELLANEOUS Capital Improvement Projects Manager $47.90 $51.14 $54.59 $58.24 Administrative Intern $16.87 $17.71 $18.60 $19.53 Office Assistant I $18.02 $18.92 $19.87 $20.86 Office Assistant II $21.07 $22.13 $23.23 $24.40 Sr. Office Assistant $22.18 $23.29 $24.45 $25.68 Administrative Secretary $25.35 $26.62 $27.95 $29.34 Executive Secretary $29.96 $31.46 $33.03 $34.68 Building Permit Technician $27.92 $29.32 $30.78 $32.32 Assistant Engineer $37.56 $39.44 $41.41 $43.48 Associate Engineer $42.49 $44.61 $46.85 $49.19 Planning Technician $27.92 $29.32 $30.78 $32.32 Assistant Planner $33.07 $34.72 $36.46 $38.28 Associate Planner $36.51 $38.34 $40.25 $42.26 Custodian $18.85 $19.79 $20.78 $21.82 Maintenance Worker $22.36 $23.48 $24.65 $25.88 Student Intern (seasonal)$16.07 FIVE CITIES FIRE AUTHORITY Office Assistant II $18.81 $19.75 $20.72 $21.77 Reserve Firefighter $16.00 $17.00 $18.00 HOURLY RATE Page 172 of 561 Item 9.f. MEMORANDUM TO: City Council FROM: Bill Robeson, Interim City Manager BY: Aleah Bergam, Management Analyst SUBJECT: Consideration of Adoption of a Resolution Ending the Local Emergency Related to the Ongoing Storm Events DATE: September 12, 2023 SUMMARY OF ACTION: Adoption of the Resolution will end the two declared and ratified local emergencies associated with the to the storm event impacts that began in December 2022. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no direct fiscal impacts related to the proposed action . City staff will continue to work with California Governor’s Office of Emergency Services (CalOES) and the Federal Emergency Management Agency (FEMA), and process applications for public assistance in the form of state or federal disaster relief funds in order to reimburse the City for eligible costs incurred during the declared local emergencies. RECOMMENDATION: 1) Adopt a Resolution declaring the end of the local emergency related to the ongoing storm events, that began in December 2022; 2) Make findings that adopting the Resolution terminating the local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because the termination in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) BACKGROUND: As the City Council is aware, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in their capacity as the Director of Emergency Services, proclaimed a local emergency on January 18, 2023, regarding the severe January 2023 winter storms. The City Council ratified the emergency proclamation at its regular meeting on January 24, 2023. Page 173 of 561 Item 9.f. City Council Consideration of Adoption of a Resolution Ending the Local Emergency Related to the Ongoing Storm Events September 12, 2023 Page 2 Multiple additional atmospheric river systems again struck the Central Coast beginning on March 9, 2023, and the City Manager, again in their capacity as the Director of Emergency Services, proclaimed a local emergency on March 11, 2023, to account for the impacts and potential damage incurred subsequent to the declaration of the first local emergency. The City Council ratified that second emergency proclamation at its regular meeting on March 14, 2023. ANALYSIS OF ISSUES: Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to “Review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated.” Accordingly, to date, the City Council has adopted the appropriate Resolutions declaring a continued local emergency related to both the January 2023 storm events and subsequent storm events within the required 21-day time period. This item is being presented to the City Council to satisfy the requirements of Section 8.12.065(C) and State law. On July 18, 2023, the County of San Luis Obispo terminated their local emergency declaration and as such, staff recommend terminating the City of Arroyo Grande’s local emergency declaration. Arroyo Grande would also be following the termination of local emergencies by a number of other cities in the County in recent months. The termination of the local emergency is also consistent with Government Code section 8630, subdivision (d), that the City Council shall terminate a local emergency proclamation “at the earliest possible date that conditions warrant.” 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 . City staff have spent time and resources responding to the local emergency and the City has incurred costs associated with tree and debris removal, equipment rentals, damage repairs, and personnel overtime. Some of the work required to respond to the local emergencies and the clean-up related to the aftermath of the storm has been completed. Other work will be needed to address damage created by the local disaster will continue in the coming months such as significant debris (large fallen trees, accumulation of entanglements of branches and brush, and heavy siltation buildup at several locations) removal from Arroyo Grande Creek in preparation for the next rainy season. Staff has already submitted reimbursement requests to FEMA for this work and is coordinating with FEMA regarding inspections of each and all damaged areas. FEMA inspections include a FEMA representative who visits the site and documents and observes the damaged areas alongside City staff. As staff has already submitted reimbursement requests and is working with FEMA on ongoing inspections of the damaged sites, staff recommends adoption of a Resolution declaring the end of the local emergency. Page 174 of 561 Item 9.f. City Council Consideration of Adoption of a Resolution Ending the Local Emergency Related to the Ongoing Storm Events September 12, 2023 Page 3 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt a Resolution declaring the end of the local emergency related to the ongoing 2023 storm events; or 2. Provide other direction to staff. ADVANTAGES: Adoption of the Resolution will satisfy the requirement of the Arroyo Grande Municipal Code regarding the periodic review of the declared local emergency related to the 2023 ongoing storm events and clarify the end of the local emergency. The City continues to work with local, state and federal agencies to receive maximum reimbursements for response, mitigation and recovery costs. Ending the local emergency will not jeopardize Federal or State reimbursements. This was confirmed during discussions with the County of San Luis Obispo’s Office of Emergency Services Manager. DISADVANTAGES: No disadvantages have been identified to adopting the Resolution. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Adopting the Resolution ending a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Proposed Resolution Terminating the Local Emergency Page 175 of 561 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TERMINATING THE LOCAL EMERGENCIES WITHIN THE CITY OF ARROYO GRANDE (MARCH 2023 AND STORM EVENTS THAT BEGAN DECEMBER 27, 2022) WHEREAS, on January 18, 2023, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in her capacity as the Director of Emergency Services Director, proclaimed a local emergency within the City commencing on or about 8:00 am on January 4, 2023, due to the storm events that began on December 27, 2022; and WHEREAS, the City Council ratified the emergency proclamation through adoption of Resolution No. 5259 at its regular meeting on January 24, 2023; and WHEREAS, Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated; and WHEREAS, the City Council has adopted Resolutions d eclaring a continued local emergency related to the ongoing storm events regularly, consistent with the City’s Municipal Code; and WHEREAS, pursuant to the provisions of Government Code section 8558(b), on January 4, 2023, the Governor of the State of California issued a Proclamation of a State of Emergency (“Governor’s Proclamation”) related to severe winter storms and a series of atmospheric river systems that struck California, bringing high winds, substantial precipitation, and river, stream and urban flooding; and WHEREAS, on January 8, 2023, the President of the United States declared that an emergency exists in the State of California relating to severe winter sto rms, flooding, landslides, and mudslides, enabling public agencies in impacted counties that suffered damage or losses from the storms to apply for federal disaster assistance; and WHEREAS, on January 9, 2023, the County Administrative Officer of San Luis Obispo issued a Proclamation of Local Emergency relating to severe winter storms and a series of atmospheric river systems that struck San Luis Obispo County, bringing high winds, substantial precipitation, and river, stream and urban flooding; and Page 176 of 561 RESOLUTION NO. PAGE 2 WHEREAS, on January 17, 2023, the Department of Homeland Security amended the major disaster declaration issued in January 14, 2023 related to the January 2023 storm events to add San Luis Obispo County as an affected county, enabling Arroyo Grande residents who had damage or losses from the storms to apply for Federal Emergency Management Agency (FEMA) disaster assistance; and WHEREAS, on March 11, 2023, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in her capacity as the Director of Emergency Services Director, proclaimed a local emergency within the City commencing on or about March 9, 2023, in response to the latest series of atmospheric river systems and the damage to the City due to the storm events that began on December 27, 2022; and WHEREAS, the City Council ratified the emergency proclamation through adop tion of Resolution No. 5273 at its regular meeting on March 14, 2023; and WHEREAS, the City Manager’s March 11, 2023 proclamation followed a County of San Luis Obispo issued Proclamation of Local Emergency on March 10, 2023 for the entire County due to severe storms; and WHEREAS, on March 10, 2023, President Biden approved a California Emergency Declaration beginning on March 9, 2023, ordering Federal assistance to supplement State, tribal and local response efforts; and WHEREAS, the atmospheric rivers caused significant flooding of City infrastructure and streets, as well as homes in Arroyo Grande; and WHEREAS, City staff have spent time and resources responding to the local emergency and the City has incurred costs associated with tree and debris removal, equipment rentals, damage repairs, and personnel overtime; and WHEREAS, some of the work associated with responding to the local emergency and the clean-up related to the aftermath of the storm has been completed , and the City continues to work with local, state and federal agencies to receive maximum reimbursements for response, mitigation and recovery costs; and WHEREAS, on July 18, 2023, the County of San Luis Obispo terminated their local emergency declaration; and WHEREAS, the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by the ongoing storm events has concluded and the emergency declaration may be te rminated pursuant to Arroyo Grande Municipal Code section 8.12.065.D.; and Page 177 of 561 RESOLUTION NO. PAGE 3 WHEREAS, The termination of the local emergency is also consistent with Government Code section 8630, subdivision (d), that the City Council shall terminate a local emergency proclamation “at the earliest possible date that conditions warrant”; and WHEREAS, adopting this Resolution terminating the local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, ph ysical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, that: 1. The recitals set forth herein are true, correct and incorporated by reference herein. 2. The City Council hereby terminates the current local emergency (see Resolution Nos. 5269 and 5273), related to the storm events that began December, 2022, and finds the situation resulting from the emergency conditions is within the control of the normal protective services, personnel, equipment and facilities of the City pursuant to Arroyo Grande Municipal Code section 8.12.065.D. 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 12th day of September, 2023. Page 178 of 561 RESOLUTION NO. PAGE 4 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 179 of 561 1 Item 9.g. ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL August 22, 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, Community Development Director Brian Pedrotti, Planning Manager Andrew Perez, Human Resources Officer Tashina Ureno This meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________ 1. CALL TO ORDER Mayor Ray Russom called the meeting to order at 5:01 p.m. 2. ROLL CALL City Clerk Matson took roll call. 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. 5. CLOSED SESSION City Attorney Rosen announced that the City Council will recess to a closed session for the following and will report any reportable action at the City Council Regular meeting at 6:00 p.m.: a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6: 1. Employee Organization: Arroyo Grande Police Officers’ Association Page 180 of 561 2 Item 9.g. 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 5:03 p.m. 6. ADJOURNMENT Mayor Ray Russom adjourned the meeting at 5:57 p.m. REGULAR MEETING 6:00 P.M. _____________________________________________________________________ 1. CALL TO ORDER Mayor Ray Russom called the Regular City Council Meeting to order at 6:01 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. 5. AGENDA REVIEW 5.a Closed Session Announcements City Council Closed Session Meeting of August 22, 2023 a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6: 1. Employee Organization: Arroyo Grande Police Officers’ Association 1. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services Page 181 of 561 3 Item 9.g. 2. Employee Organization: Service Employees International Union, Local 620 1. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services 3. Unrepresented Management Employees 1. City-designated negotiators: Che Johnson, Special Labor Counsel 4. City Manager 1. City-designated negotiators: Che Johnson, Special Labor Counsel City Attorney Isaac Rosen announced that there was no reportable action. 5.b Ordinances read in title only None. 6. SPECIAL PRESENTATIONS 6.a Interim City Manager Communications Interim City Manager Robeson provided information regarding complaints received about a different taste in the water. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 7. CITY COUNCIL REPORTS The City Council provided brief reports from the following committee, commission, board, or other subcommittee meetings that they attended as the City’s appointed representative. 7.a MAYOR RAY RUSSOM: 5. California Joint Powers Insurance Authority (CJPIA) 6. Central Coast Blue Regional Recycled Water Authority Board 7. Five Cities Fire Authority 8. San Luis Obispo County Mayor's Meeting 9. South San Luis Obispo County Sanitation District (SSLOCSD) 10. Other 7.b MAYOR PRO TEM BARNEICH: 1. Audit Committee 2. Homeless Services Oversight Council (HSOC) 3. Zone 3 Water Advisory Board 4. Other Page 182 of 561 4 Item 9.g. 7.c COUNCIL MEMBER GEORGE: 1. Five Cities Fire Authority 2. Tourism Business Improvement District Advisory Board 3. Visit SLO CAL Advisory Board 4. Other 7.d COUNCIL MEMBER GUTHRIE: 1. County Water Resources Advisory Committee (WRAC) 2. Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT) 3. Integrated Waste Management Authority Board (IWMA) 4. REACH Economic Development Roundtable 5. Other 7.e COUNCIL MEMBER SECREST: 1. Air Pollution Control District (APCD) 2. South County Chambers of Commerce Governmental Affairs Committee 3. Other 8. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. No public comments were received. 9. CONSENT AGENDA Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion. Mayor Ray Russom acknowledged supplemental information for Item 9.d. and Council made comments on Items 9.d., 9.e., 9.f., and 9.g. Mayor Ray Russom invited public comment. Speaking from the public was No Name Provided. No further public comments were received. Moved by Mayor Pro Tem Barneich Seconded by Council Member George Approve Consent Agenda Items 9.a. through 9.l. with the recommended courses of action and amended recommendation in Item 9.d. AYES (5): Mayor Pro Tem Barneich, Council Member George, Council Member Guthrie, Council Member Secrest, and Mayor Ray Russom Passed (5 to 0) Page 183 of 561 5 Item 9.g. 9.a Consideration of Cash Disbursement Ratification 1) Ratified the listing of cash disbursements for the period of July 16 through July 31, 2023; and 2) Determined that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) 9.b Consideration of an Agreement with Mosaic Public Partners for Executive and Professional Recruitment Services and Request to Approve a Budget Adjustment Request Approved an Agreement with Mosaic Public Partners for executive and professional recruitment services and approve one related budget adjustment. 9.c Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY WITHIN THE CITY OF ARROYO GRANDE (ONGOING STORM EVENTS BEGINNING DECEMBER 27, 2022)"; and 2) Made findings that adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because the continued declaration in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) 9.d Consideration of Appointments to the Arroyo Grande Tourism Business Improvement District Advisory Board 1) Approved Mayor Ray Russom’s recommendation to appoint Sean Dasmann to the Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board; 2) Approved Mayor Pro Tem Barneich’s recommendation to appoint Greg Dutson to the AGTBID Advisory Board; 3) Approved Council Member Guthrie’s recommendation to appoint Jared Worthen to the AGTBID Advisory Board; and 4) Approved Council Member Secrest’s recommendation to appoint Jeannie Miranda to the AGTBID Advisory Board. 9.e Consideration of Appointment to the City of Arroyo Grande Downtown Parking Advisory Board Approved a recommendation by Mayor Pro Tem Barneich to appoint Alex Creswell to the City of Arroyo Grande Downtown Parking Advisory Board. 9.f Consideration of an Agreement with Clifford Moss for Voter Opinion Polling and Public Outreach and Education Services for a Potential Future Ballot Measure Approved a Professional Services Agreement with Clifford Moss for Voter Opinion Polling and Public Outreach and Education services for an amount not to exceed $115,000 in substantially final form. 9.g Consideration of Appointment of a Voting Delegate for the League of California Cities An nual Conference Page 184 of 561 6 Item 9.g. Appointed Council Member Jim Guthrie as the voting delegate for the League of California Cities Annual Conference and authorized submittal by the City of the League of California Cities’ Voting Delegate/Alternate Form. 9.h Approval of Minutes Approved the minutes of the Regular City Council Meeting of August 8, 2023, as submitted. 9.i Consideration to Approve an Exclusive Vendor Police Tow Service Agreement Extension with College Towing South Authorized the Interim City Manager to execute a two-year extension for the exclusive vendor police tow service Agreement with College Towing South for towing services with several modified terms, described herein. 9.j Consideration of Adding the Add-Alternate Elements to the Contract for Construction of the 2022 Concrete Repairs Project, PW 2022-07 1) Increased the contract for the 2022 Concrete Repairs Project to JJ Fisher Construction, Inc. in the amount of $122,187 for the two add-alternate elements of, a) the east and south crosswalks and adjoining curb at the intersection of East Branch and Mason Streeet, and b) 920 square feet of sidewalk repairs adjacent to the curb ramp improvements at Alder Street and Farroll Avenue; 2) Authorized the City Manager to approve change orders of 10% of the additional amount, $12,218.70, for unanticipated costs during the construction phase of the Project; and 3) Approved two budget adjustment requests. 9.k Monthly Water Supply & Demand Update Received and filed the Monthly Water Supply and Demand Update. 9.l Consideration of the Summary Vacation of a Public Utility Easement Located at 1180 Linda Drive Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUMMARILY VACATING A PORTION OF PUBLIC UTILITY EASEMENT AT 1180 LINDA DRIVE". 10. PUBLIC HEARINGS None. 11. OLD BUSINESS 11.a General Plan Update Study Session and Consultant Introduction Community Development Director Pedrotti introduced the item; Brent Gibbons and Michael Gibbons, Mintier Harnish Consultants, provided a presentation of the General Plan Update. Staff and consultants responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public was No Name Provided, Patty O'Keefe, and No Name Provided. City Clerk Matson read into the record written comments submitted by Gaea Powell. No further public comments were received. Staff and consultants responded to questions from the public. Page 185 of 561 7 Item 9.g. Council provided feedback and direction regarding indicators of success, key challenges, and key opportunities; and directed staff to pursue options for increased public engagement including hard-copy community surveys along with online surveys. 12. NEW BUSINESS None. 13. COUNCIL COMMUNICATIONS Mayor Pro Tem Barneich shared appreciation expressed from a recipient of the Community Service Grant Program; and stated that she would like the meeting adjourned in honor of late Paso Robles Mayor, Steve Martin. Mayor Ray Russom commented on a question covered in the Grand Jury Report regarding safe parking; the Day of Hope on August 23rd; the Cal Poly Football "Arroyo Grande Day" on October 7th; and providing a Resolution in honor of late Paso Robles Mayor, Steve Martin. 14. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adj ourned the meeting at 8:43 p.m. in memory of former Paso Robles Mayor, Steve Martin. _________________________ Caren Ray Russom, Mayor ATTEST: _________________________ Jessica Matson, City Clerk Page 186 of 561 Item 9.h. MEMORANDUM TO: City Council FROM: Michael Martinez, Chief of Police BY: Jeremy Burns, Police Sergeant SUBJECT: Consideration of a Resolution Approving a Grant Agreement with the Office of Traffic Safety for Traffic/ DUI Enforcement DATE: September 12, 2023 SUMMARY OF ACTION: Adopt a Resolution authorizing the Chief of Police to execute an agreement with the California Office of Traffic Safety (OTS) for the receipt of grant funding through the Selective Traffic Enforcement Program (STEP), which will be used for traffic and Driving Under the Influence (DUI) enforcement. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no adverse financial impact to the City of Arroyo Grande to accept the OTS grant. The annual grant award is for $65,000. The cost of this program will fall into the following categories: equipment and educational materials ($5,169); training/travel costs ($2,668); and overtime staffing for operations ($57,163), all three categories totaling $65,000. The cost and time of equipment purchases, training, and overtime staffing for o perations will be directly reimbursed through the grant. The cost of time for grant management will be absorbed into the regular duties of the Police Department Administration and Administrative Services Division of the City. RECOMMENDATION: 1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the California Office of Traffic Safety (OTS) to help address ongoing traffic safety concerns and appropriate the funding for the activities and find the action exempt from CEQA; and 2) approve 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. BACKGROUND: The Arroyo Grande Police Department has accepted grant funding from the California Office of Traffic Safety (OTS) intermittently in the past. For instance, the Police Page 187 of 561 Item 9.h. City Council Consideration of a Resolution Approving a Grant Agreement with the Office of Traffic Safety for Traffic/ DUI Enforcement September 12, 2023 Page 2 Department has hosted the county-wide AVOID the 14 Driving Under the Influence (DUI) grant program funded through OTS and participated as a member of that program every year it was available. In 2014, OTS restructured its grant programs and eliminated the large, county-wide grant programs due to the significant costs involved. OTS now offers smaller grants to the individual agencies with the goal of a more focused program with easier program management and greater financial accountability. In Fiscal Years 2015 - 16, 2020-21, 2021-22, and 2022-23, the Arroyo Grande Police Department received OTS funding and managed these grants, the Selective Traffic Enforcement Program (STEP). In Fiscal Year 2022-2023, the City received funding of $58,000 in the form of a STEP grant. This STEP grant provided funding for enforcement activities including DUI checkpoints, DUI saturation patrols, distracted driving enforcement, and pedestrian safety enforcement. The STEP grant also provided funding for traffic enforcement and training for officers, and funding for the purchase of traffic enforcement equipment, including a new hand-held LIDAR device, and two new handheld radar devices. ANALYSIS OF ISSUES: The City of Arroyo Grande currently hosts a resident population of approximately 17,924. However, the City experiences a significant increase in daily population and traffic due to employment, business and service providers located within Arroyo Grande. Additionally, the City’s service population is also impacted by the cities immediately adjacent, making up the “Five Cities” area. The larger Five Cities area population is approximately 45,000 residents, not including the tourist population, which is estimated at approximately 35,000 a year. Because of the City’s location situated half -way between Los Angeles and San Francisco, directly west of Bakersfield, near the beach and the Oceano Dunes Vehicular Recreation Area, significant increases in traffic, pedestrian and alcohol related incidents occur within the City’s service area. In addition, the City of Arroyo Grande hosts the only public high school in the Five Cities area, servicing over 2000 high school students daily. This causes an increase in the number of inexperienced drivers on the road as well as bicyclists and pedestrians. Finally, the City has traditionally hosted several special events throughout the year, such as the Harvest Festival, Halloween, and Christmas in the Village, which also increase the number of driver’s, bicyclists, and pedestrians on City roadways. With the resident, student, and transient to urist populations impacting the City’s total service population, traffic collisions and traffic incidents have also increased over the last several years. An annual review of DUI collisions reveals that DUI incidents usually increase during the end of summer vacation/Labor Day period, Memorial Day, Independence Day weekends, and the holiday period, Thanksgiving through New Year’s. Other timeframes with identified increased DUI crimes and collisions include Halloween, Super Bowl Sunday, and local festivals/events. Page 188 of 561 Item 9.h. City Council Consideration of a Resolution Approving a Grant Agreement with the Office of Traffic Safety for Traffic/ DUI Enforcement September 12, 2023 Page 3 Specific to the City of Arroyo Grande, alcohol involved traffic incidents represent a significant threat to the community. These incidents do not consider factors such as age or economic status and affect the community as a whole; thus law enfor cement efforts need to target the safety of all drivers. The City of Arroyo Grande and the surrounding beach communities are desirable destinations for tourists and residents. In particular, the historic Village area consists of numerous restaurants, shops , and bars. This setting draws large numbers of visitors and patrons and increases both vehicular and pedestrian activity. The community is safer by reducing the number of DUI drivers on City streets. Significant progress is made in reducing the frequency of DUI crimes and collisions when law enforcement agencies conduct awareness campaigns and enforcement efforts. At a nationwide level, there has been a significant downward trend in traffic deaths over the last 20 years. However, DUI deaths have not dropped as dramatically. With continued efforts between law enforcement, community–based organizations, and the media, the number of DUI fatalities could be decreased. Through the proposed grant funding from OTS, the Arroyo Grande Police Department will be more successful in educating the public and curbing the problems associated with drunk driving, traffic violations, and distracted driving. This will increase the safety of pedestrians, bicyclists and motorists within the city. Accepting the OTS grant will allow the purchase of equipment and reimburse overtime staffing directly relating to training, traffic safety, enforcement of DUI laws, and public education. This will be accomplished through a variety of means including but not limited to: speed and distr acted driving enforcement operations, advanced training in DUI detection for officers, DUI checkpoints and public awareness campaigns through educational presentations , and participation in OTS programs such as the AVOID Campaign (DUI), Pedestrian and Bicycle Safety Awareness Months, Click-it-or-Ticket, and Distracted Driving Awareness Month. In the past, grant funding has allowed for the purchase of specialized equipment such as a DUI Command Trailer, lighting, and safety equipment, and funded overtime positions for enforcement programs and public education. The goal of the OTS -funded program is to decrease traffic collisions and incidents of driving under the influence by increasing public awareness of traffic related incidents including driving under the influence and increased enforcement of traffic and DUI laws. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution authorizing the Chief of Police to execute the grant document and approve a Budget Amendment Request for FY 2023-24 in the amount of $65,000 to account for the additional revenue and expenditures related to the grant; 2. Do not adopt the Resolution; Page 189 of 561 Item 9.h. City Council Consideration of a Resolution Approving a Grant Agreement with the Office of Traffic Safety for Traffic/ DUI Enforcement September 12, 2023 Page 4 3. Provide other direction to staff . ADVANTAGES: Accepting the OTS grant will have several advantages. It will fund additional training in the area of traffic enforcement, DUI detection, and drug impaired driving detection. This will enhance the knowledge, skills, and abilities and, as a result, the overall effectiveness of officers’ ability to address these areas of concern. It will also reduce City liability by having more competent officers on daily patrol and participating in enforcement programs. The OTS grant will fund equipment not currently in the budget. With the grant funds, additional equipment can be purchased such as flashlights and lighting equipment, speed determination devices, and safety equipment such as OSHA approved traffic safety vests. The OTS grant will fund overtime for officers to conduct specialized enforcement operations in the identified areas of concern, such as speed and distracted driving enforcement, DUI saturation patrols, and DUI checkpoints. Most importantly, the OTS grant will help fund a continuous public awareness campaign for the year to educate the public on traffic safety issues and driving under the influence. DISADVANTAGES: No disadvantages are identified if the recommended action is approved. By not accepting the grant, the Police Department will not receive additional funding to enhance its current training programs in the identified areas. This will limit the Police Department’s additional enforcement programs, training, and equipment and enhanced public education tha t can be accomplished with grant funding. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Adopting the Resolution authorizing the Chief of Police to execute the grant document and appropriate the funding for activities is not a project subject to the California Environmental Quality Act (“CEQA”) because that declaration in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Proposed Resolution and Draft Grant Agreement Page 190 of 561 ATTACHMENT 1 RESOLUTION NO. 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 WHEREAS, the City of Arroyo Grande, through its Police Department, is eligible to receive Federal and/or State funding for a traffic safety enforcement, education, training and equipment through the California Office of Traffic Safety (“OTS”); and WHEREAS, OTS has awarded $65,000 in grant funding to the Arroyo Grande Police Department for its Selective Traffic Enforcement Program; and WHEREAS, OTS requires execution of a grant agreement in order to obtain the funding, incorporated into this Resolution as Exhibit A; and WHEREAS, by accepting this grant and executing the OTS grant agreement, funding will allow for the purchase of equipment and reimburse overtime staffing directly relating to training, traffic safety functions, enforcement of driving under the influence laws and public education; and WHEREAS, by accepting this OTS grant, an appropriation of funding will be required for the activities; and WHEREAS, the City Council of the City of Arroyo Grande wishes to delegate authorization to the Chief of Police to execute this grant agreement and any amendments thereto. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The Recitals above are incorporated herein in their entirety. 2. The grant agreement is approved, and the Chief of Police is authorized to accept the grant award in the amount of $65,000 and execute the OTS grant agreement and amendments thereto with the State of California, Office of Traffic Safety incorporated into this Resolution as Exhibit A. 3. A Budget Amendment Request for FY 2023-24 in the amount of $65,000 is hereby approved to account for the additional revenue and expenditures related to the grant. Page 191 of 561 ATTACHMENT 1 4. The City Council finds adopting this Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because the action in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) On motion of Council Member _________, seconded by Council Member _________, and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 12th day of September, 2023. Page 192 of 561 ATTACHMENT 1 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 Page 193 of 561 ATTACHMENT 1 EXHIBIT A OTS GRANT AGREEMENT Page 194 of 561 8/13/2023 8:19:44 PM Page 1 of 15 State of California – Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PT24007 1.GRANT TITLE Selective Traffic Enforcement Program (STEP) 2.NAME OF AGENCY 3.Grant Period Arroyo Grande From: To: 10/01/2023 09/30/2024 4.AGENCY UNIT TO ADMINISTER GRANT Arroyo Grande Police Department 5.GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6.Federal Funds Allocated Under This Agreement Shall Not Exceed:$65,000.00 7.TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances Exhibit B* – OTS Grant Program Manual Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8.Approval Signatures A.GRANT DIRECTOR B.AUTHORIZING OFFICIAL NAME: TITLE: EMAIL: PHONE: ADDRESS: Jeremy Burns Sergeant jburns@arroyogrande.org (805) 473-5110 200 N. Halcyon Road Arroyo Grande, CA 93420 NAME: TITLE: EMAIL: PHONE: ADDRESS: Michael Martinez Chief of Police mmartinez@arroyogrande.org (805) 473-5110 200 N. Halcyon Road Arroyo Grande, CA 93420 (Signature) (Date) (Signature) (Date) C.FISCAL OFFICIAL D.AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: TITLE: EMAIL: PHONE: ADDRESS: Nicole Valentine Administrative Services Director nvalentine@arroyogrande.org (805) 473-5400 300 E Branch St. Arroyo Grande, CA 93420 NAME: TITLE: EMAIL: PHONE: ADDRESS: Barbara Rooney Director barbara.rooney@ots.ca.gov (916) 509-3030 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 (Signature) (Date) (Signature) (Date) EXHIBIT A Page 195 of 561 8/13/2023 8:19:44 PM Page 2 of 15 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT TOTAL $65,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. $65,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $65,000.00 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #: REGISTERED ADDRESS: CITY: ZIP+4: VKFHGF6PKWK7 300 E Branch St. Arroyo Grande 93420-2706 ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 Page 196 of 561 8/13/2023 8:19:44 PM Page 3 of 15 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT24007 1. PROBLEM STATEMENT The City of Arroyo Grande currently hosts a resident population of approximately 17,924. However, the City experiences a significant increase in daily population and traffic due to employment, business and service providers located within Arroyo Grande. Additionally, the City’s service population is also impacted by the cities immediately adjacent, making up the “Five Cities” area. The larger Five Cities area population is approximately 45,000 residents, not including the tourist population, which is estimated at approximately 35,000 a year. Because of the City’s location situated half-way between Los Angeles and San Francisco, directly west of Bakersfield, near the beach and the Oceano Dunes Vehicular Recreation Area, significant increases in traffic, pedestrian and alcohol related incidents occur within the City’s service area. In addition, the City of Arroyo Grande hosts the only public high school in the Five Cities area, servicing over 2000 high school students daily. This causes an increase in the number of inexperienced drivers on the road as well as bicyclists and pedestrians. Finally, the City has traditionally hosted several special events throughout the year, such as the Harvest Festival, Halloween, and Christmas in the Village, which also increase the number of driver’s bicyclists and pedestrians on City roadways. With the resident, student, and transient tourist populations impacting the City’s total service population, traffic crashes and traffic incidents have also increased over the last several years. Specific to the City of Arroyo Grande, alcohol involved traffic incidents are among the biggest threats to the community. These incidents do not consider factors such as age or economic status and affect the community as a whole thus law enforcement efforts need to target all drivers. The City of Arroyo Grande and the surrounding beach communities are a desirable destination for tourists and residents. In particular, the historic village area consists of numerous restaurants, shops, and bars. These qualities draw large crowds, both vehicular and pedestrian. The community is safer by reducing the number of DUI drivers on the City streets. An annual review of driving under the influence (DUI) crashes reveals that DUI incidents are usually increased during the end of summer vacation/Labor Day period, Memorial Day, Independence Day weekends and the holiday period (Thanksgiving through New Year’s). Other times with identified DUI crimes and crashes include Halloween, Super Bowl Sunday, Cinco de Mayo, and local festivals/events. The Arroyo Grande Village (downtown area) has several new bars and restaurants which draw large numbers of people on weekend and holiday nights. In 2020, the Arroyo Grande Police Department made 81 DUI arrests, in 2021, AGPD made 156 DUI arrests, and in 2022 AGPD made 209 DUI arrests. Significant progress is made in reducing the frequency of DUI crimes and crashes when law enforcement agencies conduct awareness campaigns and enforcement efforts. In 2021, there were 41 injury traffic crashes in the City of Arroyo Grande, affecting 51 victims. Additionally, 11 of these crashes were alcohol related, resulting in 15 injured victims. While fatal crash numbers in Arroyo Grande remain low, averaging less than one per year over the last several years, the number of victims injured in crashes has increased over the past several years, with the exception of the most recent calendar year. With a best practice and focused enforcement plan through the Selective Traffic Enforcement Program, the Arroyo Grande Police Department will be more successful in curbing the problems associated with intoxicated drivers, speeding vehicles, right of way violators, other aggressive driving, distracted driving, auto theft, and an increased pedestrian and bicyclist safety program. The Department has encouraged patrol officers and traffic officers to focus enforcement on reducing the alcohol and speed related crashes, along with increased pedestrian and bicyclist safety. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. Page 197 of 561 8/13/2023 8:19:44 PM Page 4 of 15 7. Reduce the number of persons killed in alcohol-involved crashes. 8. Reduce the number of persons injured in alcohol-involved crashes. 9. Reduce the number of persons killed in drug-involved crashes. 10. Reduce the number of persons injured in drug-involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo-involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo-involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 1 2. Participate and report data (as required) in the following campaigns; Quarter 1: National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 5. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1 6. Send law enforcement personnel to the DRE Recertification training. 1 7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 4 8. Conduct DUI Saturation Patrol operation(s). 10 9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations. 6 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 2 11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 3 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 2 3. METHOD OF PROCEDURE A. Phase 1 – Program Preparation (1st Quarter of Grant Year) Page 198 of 561 8/13/2023 8:19:44 PM Page 5 of 15  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.  All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations. Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant-related activities:  Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.  The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.  If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.  Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).  Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at Page 199 of 561 8/13/2023 8:19:44 PM Page 6 of 15 pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.  Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.  Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 – Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)  Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.  Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.  Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. Page 200 of 561 8/13/2023 8:19:44 PM Page 7 of 15 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT24007 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164AL-24 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $45,000.00 402PT-24 20.600 State and Community Highway Safety $20,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time $0.00 Overtime DUI/DL Checkpoints 164AL-24 $5,500.00 4 $22,000.00 DUI Saturation Patrols 164AL-24 $1,500.00 10 $15,000.00 Benefits for 164PT OT @7.65% 164AL-24 $37,000.00 1 $2,831.00 Traffic Enforcement 402PT-24 $1,400.00 6 $8,400.00 Distracted Driving 402PT-24 $1,400.00 2 $2,800.00 Pedestrian and Bicycle Enforcement 402PT-24 $1,500.00 3 $4,500.00 Traffic Safety Education 402PT-24 $200.00 2 $400.00 Benefits for 402PT OT @7.65% 402PT-24 $16,100.00 1 $1,232.00 Category Sub-Total $57,163.00 B. TRAVEL EXPENSES In State Travel 402PT-24 $2,668.35 1 $2,668.00 $0.00 Category Sub-Total $2,668.00 C. CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-24 $5,169.00 1 $5,169.00 Category Sub-Total $5,169.00 F. INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $65,000.00 Page 201 of 561 8/13/2023 8:19:44 PM Page 8 of 15 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT24007 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Benefits for 164PT OT @7.65% - Overtime Benefits @ 7.65% - Total Benefits 6.20% Social Security 1.45% Medicare Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Benefits for 402PT OT @7.65% - Overtime Benefits @ 7.65% - Total Benefits 6.20% Social Security 1.45% Medicare TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES - EQUIPMENT - OTHER DIRECT COSTS DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, r eflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping). INDIRECT COSTS - STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. Page 202 of 561 8/13/2023 8:19:44 PM Page 9 of 15 State of California – Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT24007 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State r ules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to:  23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;  2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but ar e not limited to:  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);  49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 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);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  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;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);  The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens 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);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination 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);  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));  Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). Page 203 of 561 8/13/2023 8:19:44 PM Page 10 of 15 The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” respectively. GENERAL ASSURANCES In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary t o ensure that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: “The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. Page 204 of 561 8/13/2023 8:19:44 PM Page 11 of 15 By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigation s conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will— 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted— 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; Page 205 of 561 8/13/2023 8:19:44 PM Page 12 of 15 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or Page 206 of 561 8/13/2023 8:19:44 PM Page 13 of 15 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS— PRIMARY TIER COVERED TRANSACTIONS 1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or Page 207 of 561 8/13/2023 8:19:44 PM Page 14 of 15 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials wil l increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secr etary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. Page 208 of 561 8/13/2023 8:19:44 PM Page 15 of 15 DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the in terests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. Page 209 of 561 Item 9.i. MEMORANDUM TO: City Council FROM: Michael Martinez, Chief of Police BY: Greg Pierce, Sergeant SUBJECT: Consideration of a Resolution Approving a Grant Agreement with the Department of Alcohol and Beverage Control for Alcoholic Beverage Sales Education and Enforcement DATE: September 12, 2023 SUMMARY OF ACTION: Adopt of a Resolution authorizing the Chief of Police to execute an agreement with the Department of Alcoholic Beverage Control (ABC) for the receipt of grant funding for public awareness, minor decoy operations, shoulder tap operations, Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT), and generally, implementation of ABC Alcohol Policing Partnership program. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no adverse financial impact to the City of Arroyo Grande by adopting this resolution. The grant awards reimbursement up to $41,500 in the following expense categories: A) Personnel Services $34,000; B) Operating Expenses $2,500; C) Equipment $2,500 and D) Travel Costs $2,500. The cost associated with equipment, educational materials, training, and overtime staffing for operations will be directly reimbursed through this grant. RECOMMENDATION: 1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the California Department of Alcoholic Beverage Control (ABC) to accept grant funding and find the action exempt from CEQA; and 2) approve 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. BACKGROUND: The Department of Alcoholic Beverage Control offers grants to local law enforcement agencies for the purposes of educating and enforcing various alcoholic beverage related crime tendencies. This program is intended to target both ABC licensed premises and Page 210 of 561 Item 9.i. City Council Consideration of a Resolution Approving a Grant Agreement with the Department of Alcohol and Beverage Control for Alcoholic Beverage Sales Education and Enforcement September 12, 2023 Page 2 individuals who furnish alcoholic beverages through education of licensee(s) and enforcement of relevant criminal statutes. ANALYSIS OF ISSUES: The City of Arroyo Grande currently has a population of approximately 1 7,924 residents. Of those residents, approximately 23% are under the age of 18 and approximately 8% of persons are between the ages of 18 and 24. These statistics are similar to those for the population under the legal drinking age of 21, which is roughly a quarter of the City’s population. The City of Arroyo Grande’s population can experience significant periodic increases due to tourism in the “Five Cities”. The City of Arroyo Grande and local beach communities are a known and a desirable destination for tourists and residents year-round. Arroyo Grande has 52 active on-sale licensed retail establishments and 28 active off -sale licensed retail establishments. These businesses draw large number of people, in their vehicles and walking. In the last year, the Arroyo Grande Police Department responded to approximately 176 calls for service in the Village regarding intoxicated subjects, DUI drivers, physical altercations, trespassing, and assaults. With the resident, student, and tourist populations impacting ou r total service population, the City has seen an increase in alcohol related incidents over the last several years. In 2020, AGPD made 81 DUI arrests with an increase to 156 in 2021. In 2022 AGPD saw a significant increase of DUI arrests rising to 202. In the last year, AGPD made 28 DUI arrests of individuals under the age of 21, 63 arrests for public intoxication, and had a total of 268 reports documenting incidents related to alcohol consumption. These types of incidents accounted for 13% of our total reports generated. Alcohol-involved incidents represent a significant threat to the City of Arroyo Grande. These incidents do not consider factors such as age or economic status and affect the community as a whole, thus law enforcement efforts are intended to target the safety of all community members. Whether it is underage drinking, over -serving customers, or providing alcohol to minors, the community is safer by reducing the number of alcohol related incidents. Through this grant, AGPD will have the ability to be more successful in educating the businesses and the public on these laws, and reduce the incidents associated with alcohol consumption and illicit sales. AGPD’s goal in using this grant funding is to address alcohol related community issues and provide better safety for our changing population by reducing the frequency of DUIs, minor consumption of alcohol, and other alcohol-related issues. Accepting this grant, will allow for the purchase of equipment and reimburse overtime staffing directly relating to Page 211 of 561 Item 9.i. City Council Consideration of a Resolution Approving a Grant Agreement with the Department of Alcohol and Beverage Control for Alcoholic Beverage Sales Education and Enforcement September 12, 2023 Page 3 ABC training, licensee(s) education/enforcement, and enforcement of relevant alcoholic beverage statutes. This will be accomplished by law enforcement conducting awareness, education campaigns, and enforcement efforts where appropriate. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution authorizing the Chief of Police to execute the grant agreement and appropriate the funding for the proposed activities; 2. Do not adopt the Resolution; or 3. Provide additional direction to staff. ADVANTAGES: Accepting the ABC grant will have several advantages, including provision of funding for: 1. Additional training for staff in the area of alcohol sales. 2. Overtime funding for officers to conduct specialized and focused education/enforcement operations in the identified areas of concern. 3. A public awareness campaign for the year to educate the public and reduce the issues that arise with underage drinking, over-serving intoxicated individuals, and increase awareness of laws regarding alcoholic beverage sales. DISADVANTAGES: No disadvantages are identified if the recommended action is approved. By not accepting the grant, the Police Department will not receive additional funding to enhance its current training programs in the identified areas. This will limit the Police Department’s additional enforcement programs, training, and equipment and enhanced public education that can be accomplished with grant funding. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Adopting the Resolution authorizing the Chief of Police to execute the grant document and appropriate the funding for activities is not a project subject to the California Environmental Quality Act (“CEQA”) because that declaration in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Proposed Resolution Page 212 of 561 ATTACHMENT 1 RESOLUTION NO. 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 WHEREAS, the City of Arroyo Grande, through its Police Department, is eligible to receive Federal and/or State funding through public awareness, minor decoy operations, shoulder tap operations and Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) though the department of Alcoholic Beverage Control (“ABC”): and WHEREAS, ABC has awarded $41,500 in grant funding to the Arroyo Grande Police Department for its Alcohol Policing Partnership program.; and WHEREAS, ABC requires approval of this Resolution and execution of a grant agreement in order to obtain the funding, incorporated into this Resolution as Exhibit A; and WHEREAS, by accepting this grant and executing the ABC grant agreement, funding will allow for the cost associated with equipment, educational materials, training, and overtime staffing for operations will be directly reimbursed through this grant; and WHEREAS, by accepting this ABC grant, an appropriation of funding will be required for the activities; and WHEREAS, the City Council of the City of Arroyo Grande wishes to delegate authorization to the Chief of Police to execute this grant agreement and any amendments thereto. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The Recitals above are incorporated herein in their entirety. 2. The grant agreement is approved, and the Chief of Police is authorized to accept the grant award in the amount of $41,500 and execute the ABC grant agreement and amendments thereto with the State of California, Department of Alcoholic Beverage Control incorporated into this Resolution as Exhibit A. Page 213 of 561 RESOLUTION NO. PAGE 2 3. A Budget Amendment Request for FY 2023-24 in the amount of $41,500 is hereby approved to account for the additional revenue and expenditures related to the grant. 4. Grant funds received hereunder shall not be used to supplant expenditures controlled by this body, and this award is not subject to local hiring freezes. 5. The City Council finds adopting this Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because the action in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) On motion of Council Member _________, seconded by Council Memb er _________, and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 12th day of September, 2023. Page 214 of 561 RESOLUTION NO. PAGE 3 _____________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: _____________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: _____________________________________ BILL ROBESON, INTERIM CITY MANAGER APPROVED AS TO FORM: _____________________________________ ISAAC ROSEN, CITY ATTORNEY Page 215 of 561 RESOLUTION NO. PAGE 4 EXHIBIT A OTS GRANT AGREEMENT Page 216 of 561 Agreement Number: 23-APP02 City of Arroyo Grande through the Arroyo Grande Police Department Page 1 of 2 EXHIBIT A SCOPE OF WORK I.SCOPE OF WORK •Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets. •Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals: 1.The operation period of the grant is July 1, 2023 through June 30, 2024. 2.Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys. 3.Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant. 4.Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant. 5.Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant. •GOALS AND OBJECTIVES 1.Conduct at least three (3) Minor Decoy operations. 2.Conduct at least three (3) Shoulder Tap operations, including participating in the Statewide operation conducted by ABC. 3.Conduct at least three (3) IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) operations. Page 217 of 561 Agreement Number: 23-APP02 City of Arroyo Grande through the Arroyo Grande Police Department Page 2 of 2 4.Conduct four (4) patrol briefings on ABC laws. 5.Conduct at least one (1) Drunk Decoy operation. 6.Conduct at least four (4) general enforcement operations. 7.Host at least two (2) TRACE program trainings. 8.Provide press/social media releases on grant enforcement activities. A.To announce the start of the program; B.At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C.At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). 9.Contractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer (pio@abc.ca.gov) as soon as it is released. 10.Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.” Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month. III. PROJECT REPRESENTATIVES The project representatives during the term of this agreement will be: Arroyo Grande Police Department Enrriqueta Peinado, Police Officer 200 N. Halcyon Road Arroyo Grande, CA 93420 (805) 473-5100 epeinado@arroyogrande.org Department of Alcoholic Beverage Control Brandon Shotwell, Supervising Agent in Charge 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 419-2329 Brandon.shotwell@abc.ca.gov Direct all fiscal inquiries to: Arroyo Grande Police Department David Culver, Police Commander 200 N. Halcyon Road Arroyo Grande, CA 93420 (805) 473-5112 dculver@arroyogrande.org Department of Alcoholic Beverage Control Kristine Okino, Grant Coordinator 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 Kristine.okino@abc.ca.gov Page 218 of 561 Agreement Number: 23-APP02 City of Arroyo Grande through the Arroyo Grande Police Department Page 1 of 3 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS I. INVOICING AND PAYMENT • For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs. • Invoices shall clearly reference this contract number (23-APP02) and must not exceed the contract total authorized amount of $41,500.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control. Submit to: Department of Alcoholic Beverage Control Attn: Kristine Okino, Grant Coordinator 3927 Lennane Drive Sacramento, California 95834 • Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2023. • Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2023 and on or before the project termination date, June 30, 2024. • Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged. • Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor. • Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor. • Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs. • Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution. Contractor is required to acknowledge the support of the State whenever publicizing the work under th is grant in any media. Page 219 of 561 Agreement Number: 23-APP02 City of Arroyo Grande through the Arroyo Grande Police Department Page 2 of 3 II. BUDGET DETAIL COST CATEGORY TOTAL COST A. Personnel Services Overtime 3 - Officers ($69.00/hour @ 84 hours) $17,388.00 1 - Senior Officer ($80.00/hour @ 84 hours) $6,720.00 1 - Sergeant ($89.00/hour @ 84 hours) $7,476.00 Benefits – (7.65%) $2,416.00 TOTAL Personnel $34,000.00 B. Operating Expenses (receipts required) Buy Money $2,500.00 TOTAL Operating $2,500.00 C. Equipment (receipts required, must be purchased by 12/31) DL Scanner (Minor Decliner scanner) $1,130.00 PAS Device $870.00 PAS Device gas can and mouthpiece $500.00 TOTAL Equipment $2,500.00 D. Travel Costs Hotel, per diem, registrations $2,500.00 TOTAL Travel $2,500.00 GRANT TOTAL $41,500.00 Page 220 of 561 Agreement Number: 23-APP02 City of Arroyo Grande through the Arroyo Grande Police Department Page 3 of 3 III. BUDGET CONTINGENCY CLAUSE • It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. • If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. IV. PROMPT PAYMENT CLAUSE • Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Page 221 of 561 Agreement Number: 23-APP02 City of Arroyo Grande through the Arroyo Grande Police Department Page 1 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. Page 222 of 561 Agreement Number: 23-APP02 City of Arroyo Grande through the Arroyo Grande Police Department Page 2 of 4 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. Page 223 of 561 Agreement Number: 23-APP02 City of Arroyo Grande through the Arroyo Grande Police Department Page 3 of 4 a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. Page 224 of 561 Agreement Number: 23-APP02 City of Arroyo Grande through the Arroyo Grande Police Department Page 4 of 4 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Page 225 of 561 Agreement Number: 23-APP02 City of Arroyo Grande through the Arroyo Grande Police Department Page 1 of 1 EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. 2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contra ct termination. 3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2023, for the purposes of this program. 4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language 5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement. Page 226 of 561 Page 227 of 561 Page 228 of 561 Page 229 of 561 Page 230 of 561 Page 231 of 561 Page 232 of 561 Page 233 of 561 Page 234 of 561 Page 235 of 561 Item 9.j. MEMORANDUM TO: City Council FROM: Steve Kahn, Interim Public Works Director BY: Shannon Sweeney, City Engineer SUBJECT: 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 DATE: September 12, 2023 SUMMARY OF ACTION: Acceptance of the public improvements and a public utility easement for Subarea 1 – East Cherry Avenue Specific Plan. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The estimated value of the public improvement for Subarea 1 – East Cherry Avenue Specific Plan is $407,200. Maintenance of the new public improvements will add to the overall costs of the City infrastructure maintenance program. RECOMMENDATION: 1) Adopt a Resolution accepting public improvements and a public utility easement for Subarea 1 – East Cherry Avenue Specific Plan based upon the recommendation of the City Engineer following the final completion and inspection of those public improvements; and 2) Determine 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. BACKGROUND: On January 10, 2017, the City Council approved the East Cherry Avenue Specific Plan Project. The Specific Plan is broken into three (3) subareas, with commercial development (Subarea 1- Rugged Radio), residential development (Subarea 2 - Creekside), and mixed-use/cultural development (Subarea 3 – Japanese Welfare Page 236 of 561 Item 9.j. City Council 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 September 12, 2023 Page 2 Association). This report focuses on the acceptance of public improvements for Subarea 1 only. The subject property consists of three (3) commercial parcels totaling approximately 2.2 acres on the southeast corner of Traffic Way and East Cherry Avenue. The parcels are zoned Traffic Way Mixed Use (TMU) and are included in the D -2.11 Design Overlay District. The Specific Plan was approved, and the Final Environmental Impact Report certified by the City Council in January 2017. The applicant submitted Conditional Use Permit (CUP) application 18 -003 for the phased development of the site, beginning with a flagship storefront and warehouse, followed by a second warehouse and a neighborhood café. As a condition of approval of CUP 18-003, the applicant was required to construct several public improvements, the terms of which were set forth in agreement approved by the City Attorney and executed by the City and applicant (“Rugged Radios Executed Improvement Agreement”). The project engineer had estimated the cost of the Page 237 of 561 Item 9.j. City Council 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 September 12, 2023 Page 3 improvements for the project at that time as $407,200. The improvements constructed included:  Utility connections  W ater and sewer mains  Two (2) new fire hydrants  Curbs, gutters, and drive approaches  Sidewalk  Striping  Landscaping within and surrounding the development. Under the terms of that Rugged Radios Executed Improvement Agreement (Exhibit 3), at the time the City Engineer determines the applicant has completed all necessary public improvement work, the City Council must accept the work. The acceptance of the public improvement work does not constitute a waiver of any defects, and applicant shall still remain obligated to eliminate any defects in the design after acceptance b y the City. ANALYSIS OF ISSUES: An improvement agreement for this project was signed on August 20, 2019. The improvements were substantially completed by the developer in November 2020 and were certified by the Engineer of Work on May 5, 2021. "As- built" improvement plans were received by the City on November 3, 2020. Post-construction stormwater operation and maintenance agreements were recorded on August 20, 2019. Approval of the "as- built" plans is typically the final requirement before acceptance of the improvements is considered. However, completion of an outstanding condition of approval for an in -lieu fee for public traffic improvements was delayed until November 22, 2022. On August 7, 2023, after a final inspection by our Engineering and Utilities inspectors, the city sent the applicant a letter closing out the project. Acceptance of the public improvements allows City staff to release the Faithful Performance and Material and Labor bonds and hold a warrantee bond. Typically, this process starts the one-year maintenance period during which the developer will be responsible for maintenance and repair of the public improvements. However, due to the length of time between the substantial completion of work and acceptance of public improvements, City staff are willing to waive the one-year warranty period. Therefore, the City will take over the maintenance of the public improvements upon acceptance of the public improvements, and maintenance of the public improvements will become part of future Capital Improvement Projects and budgets as needed. Typically, maintenance work begins to occur 10 to 15 years after the project is completed. Page 238 of 561 Item 9.j. City Council 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 September 12, 2023 Page 4 As part of the public improvements, a public utility easement is required to be recorded. The acceptance of this document is necessary to complete the acceptance of these public improvements and is attached (Attachment 2). ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve staff's recommendation to accept the public improvements that will allow for transfer to the city of infrastructure that was constructed for the public’s benefit, and to accept the perpetual easement granting the city the right to enter private property to maintain these improvements. 2. Do not approve staff's recommendation which will delay the transfer of improvements to the city that were constructed by the developer for the public’s benefit. 3. Modify as appropriate and approve staff's recommendation; or 4. Provide direction to staff. ADVANTAGES: By accepting the public improvements, the City will have ownership of facilities in the public right of way and within the easement. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: City Council certified the associated Environmental Impact Report (EIR) and related California Environmental Quality Act (CEQA) findings on January 10th, 2017 , in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for implementation of CEQA. 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. Thus, none of the conditions requiring subsequent environmental review called out in State CEQA Guidelines section 15162 or Public Resources Code section 21166 are present, and no further environmental review is required. 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 239 of 561 Item 9.j. City Council 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 September 12, 2023 Page 5 Attachments: 1. Proposed Resolution 2 Grant of Public Utility Easement 3. Rugged Radios Executed Improvement Agreement Page 240 of 561 ATTACHMENT 1 RESOLUTION NO. 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 WHEREAS, the City Council approved the East Cherry Avenue Specific Plan Project which included a subarea for commercial development on January 10, 2017; and WHEREAS, the project was conditioned to complete certain public improvements pursuant to City Council Resolution No. 4771 adopted on January 10, 2017; and WHEREAS, the developer has constructed and completed the improvements required by the conditions of approval for the East Cherry Avenue Specific Plan and Conditional Use Permit (CUP) 18-003; and WHEREAS, City staff inspected the improvements on August 7, 2023 and find they are constructed in accordance with the approved plans for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The grant of easement for public utility purposes from One Flat Cat, LLC is accepted. 3. Public improvements for subarea 1 of the East Cherry Avenue Specific Plan Project located on the southeast corner of East Cherry Avenue and Traffic Way including public utility connections, water lines, fire hydrants, sewer mains, sewer maintenance holes, curbs, gutters, drive approaches, sidewalks, paving and striping of streets, are accepted. 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 12th day of September, 2023. Page 241 of 561 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 Page 242 of 561 ATTACHMENT 2 Page 243 of 561 Page 244 of 561 Page 245 of 561 Page 246 of 561 ATTACHMENT 3 Page 247 of 561 Page 248 of 561 Page 249 of 561 Page 250 of 561 Page 251 of 561 Page 252 of 561 Page 253 of 561 Page 254 of 561 Page 255 of 561 Page 256 of 561 Page 257 of 561 Page 258 of 561 page 1 of 11 Project: Prepared by: Firm Name: Date: PRICE INDEX BASELINE, 2011 CALTRANS INDEX =84.0 1st Quarter 2019 PRICE INDEX =156.4 Caltrans -ENGINEER'S SEAL- Subtotal $152,933.50 Cost Index Factor 1.86 Adjusted Subtotal $284,747.61 Inflation (10%)$28,474.76 Administration (20%-40%)$56,949.52 Adjusted Subtotal $370,171.90 Contingency (10%)$37,017.19 TOTAL SECURITY TO BE POSTED:$407,200 (rounded to the nearest $100) Engineer's signature date revised 9/1/17 June 4, 2019 -RESULTS- Standard Unit Costs for Project Security (Performance Bond) COUNTY OF SAN LUIS OBISPO DEPARTMENT OF PUBLIC WORKS Rugged Radios (CUP 18-003) M. Alarcon Praxis Engineering Page 259 of 561 page 2 of 11 SITE PREPARATION: SEC. 2-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CLEARING AND GRUBBING $0.03 SF 6000 180.00 TREE REMOVAL $300.00 EA 4 1,200.00 CONCRETE REMOVAL S.W.$3.25 SF - CONCRETE REMOVAL C & G $10.00 LF - GRIND HOT MIX ASPHALT $1.03 SF $4,250 - DISPOSAL OF HOT MIX ASPHALT $50.00 CY $360 50 2,500.00 OTHER REMOVAL (SPECIFY) - ABANDON WELL $1,650.00 EA - ABANDON SEPTIC SYSTEM $500.00 EA - DISPOSAL OF CLIII BASE $29.00 CY $360 80 2,320.00 EXCAVATION 0-1000 CY $22.00 CY $500 150 3,300.00 1000-20000 CY $15.00 CY - > 20000 CY $9.00 CY - IMPORT 0-1000 CY $31.00 CY $500 - 1000-20000 CY $22.00 CY - > 20000 CY $12.00 CY - FINE GRADING $0.30 SF 8400 2,520.00 - - - - - - - - - - - - - - Subtotal 12,020.00 Page 260 of 561 page 3 of 11 ROADWAYS: SEC. 3-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL HOT MIX ASPHALT IN PLACE 2"$1.95 SF $800 - HOT MIX ASPHALT IN PLACE 3"$2.90 SF $800 - HOT MIX ASPHALT IN PLACE 4"$3.70 SF $800 - HOT MIX ASPHALT IN PLACE 5"$4.90 SF $800 3700 18,130.00 HOT MIX ASPHALT IN PLACE 6"$5.60 SF $800 - HOT MIX ASPHALT IN PLACE $135 TON $800 - CLASS II AGG. BASE 4"$0.87 SF - CLASS II AGG. BASE 6"$1.30 SF - CLASS II AGG. BASE 8"$1.75 SF 3700 6,475.00 CLASS II AGG. BASE 10"$2.10 SF - CLASS II AGG. BASE 12"$2.50 SF - CLASS II AGG. BASE 18"$3.70 SF - CLASS II AGG. BASE $35.00 TON - CROSS GUTTER AND SPANDREL D-5 $17.00 SF - GEOTEXTLE FABRIC $1.00 SF - SEAL COAT/SLURRY SEAL $0.60 SF - CHIP SEAL $2.00 SF - SAW CUT CONCRETE $4.00 LF $250 - SAW CUT HMA $2.17 LF $250 350 759.50 - - - - - - - - - - - - Subtotal 25,364.50 Page 261 of 561 page 4 of 11 ROAD EDGES: SEC. 4-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL DRIVEWAY APPROACH - CONCRETE (B-2,3)$9.00 SF 400 3,600.00 DRIVEWAY APPROACH - HMA (B-1)$5.50 SF - HANDICAP RAMP C-5 $13.00 SF - CURB AND GUTTER 6" (C-2)$22.00 LF 250 5,500.00 CURB ONLY C-2A $16.00 LF - HOT MIX ASPHALT DIKE C-3 $10.00 LF $800 - SIDEWALK C-4 $10.00 SF 1671 16,710.00 GUARDRAIL $40.00 LF - STREET TREE WELL M-5 $700.00 EA - DECOMPOSED GRANITE WALKWAY $1.50 SF $625 - - - - - - - - - - - - - - - - - - - - - Subtotal 25,810.00 Page 262 of 561 page 5 of 11 STORM DRAIN: SEC. 5-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CURB INLET D-2 $3,900 EA 1 3,900.00 RURAL INLET D-2A,B $1,700 EA - CULVERT PIPE 15" $38.00 LF - CULVERT PIPE 18"$60.00 LF - CULVERT PIPE 24"$80.00 LF - CULVERT PIPE 30"$90.00 LF - CULVERT PIPE 36"$105.00 LF - CULVERT PIPE 48"$135.00 LF - CULVERT PIPE 60"$150.00 LF - HEADWALL (CALTRANS D89)15"-36" PIPE $3,420.00 EA - HEADWALL -WING TYPE (D89)18"-60"$4,800.00 EA - UNDERDRAIN (SIDEWALK)D-4A, D-4B $1,500.00 EA - UNDERDRAIN (SIDEWALK)PIPE D-4 $500.00 EA - RIP-RAP DISSIPATER 0.25 TON, H-5 $150.00 CY - RIP-RAP DISSIPATER 0.5 TON, H-5 $160.00 CY - RIP-RAP DISSIPATER 1 TON, H-5 $170.00 CY - RIP-RAP DISSIPATER 2 TON, H-5 $180.00 CY - OVERSIDE DRAIN, (CALTRANS)HMA $320.00 EA - CONCRETE V-DITCH (SLOPE) $40.00 LF - MANHOLE D-3 8' DEPTH $4,500 EA - TIE TO EX. MANHOLE $2,000 EA - UNDERGROUND BASIN STORMTECH $8.00 CF $500 - - - - - - - - - - Subtotal 3,900.00 Page 263 of 561 page 6 of 11 WATER SUPPLY: SEC. 6-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL WATER SERVICE AND METER BOX W-4 $1,700.00 EA 4 6,800.00 RAISE WATER METER $400.00 EA - WATER MAIN 6"$50.00 LF - WATER MAIN 8"$58.00 LF 380 22,040.00 WATER MAIN 10"$68.00 LF - WATER MAIN 12"$92.00 LF - WATER MAIN 14"$106.00 LF - WATER MAIN 16"$120.00 LF - HOT TAP 6"$1,998.00 EA - HOT TAP 8"$2,238.00 EA 1 2,238.00 HOT TAP 10"$3,219.00 EA - GATE VALVE 4"$514.00 EA - GATE VALVE 6"$1,500.00 EA - GATE VALVE 8"$2,056.00 EA 1 2,056.00 FIRE HYDRANT W-2 $4,800.00 EA 2 9,600.00 RELOCATE FIRE HYDRANT $2,280.00 EA - BLOWOFF ASSEMBLY W-5 $2,000.00 EA - AIR RELIEF VALVE W-6, 1"$1,550.00 EA - AIR RELIEF VALVE W-6, 2"$2,370.00 EA - AIR RELIEF VALVE W-6, 4"$5,285.00 EA - WATER SAMPLING STATION W-7 $1,250.00 EA - THRUST BLOCKS W-1, 6"$275.00 EA - THRUST BLOCKS W-1, 8"$385.00 EA 3 1,155.00 THRUST BLOCKS W-1, 10"$484.00 EA - THRUST BLOCKS W-1, 12"$714.00 EA - STEEL WATER TANK WELDED $1.50 PER GAL - STEEL WATER TANK BOLTED $1.00 PER GAL - - - - Subtotal 43,889.00 Page 264 of 561 page 7 of 11 WASTEWATER DISPOSAL: SEC. 7-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL SEWER LATERAL, TIE IN S-3 $1,350.00 EA - SEWER LATERAL, TIE IN STEEP S-3a $1,600.00 EA - SEWER CLEANOUT S-2 $1,500.00 EA - SEWER MAIN (BACKFILL TYPE)6" NATIVE $35.00 LF - SEWER MAIN (BACKFILL TYPE)8" NATIVE $50.00 LF - SEWER MAIN (BACKFILL TYPE)6" IMPORT $40.00 LF 341 13,640.00 SEWER MAIN (BACKFILL TYPE)8" IMPORT $60.00 LF - SEWER MAIN (BACKFILL TYPE)12" IMPORT $75.00 LF - SLURRY BACKFILL $19.00 LF 341 6,479.00 MANHOLE TYPICAL (S-1)$4,500.00 EA 2 9,000.00 MANHOLE DROP (S-1A)$5,400.00 EA - TIE TO EXISTING MANHOLE $2,000.00 EA - FORCE MAIN 4" OR LESS $40.00 LF - ADJUST MANHOLE COVER $535.00 EA - - - - - - - - - - - - - - - - - - Subtotal 29,119.00 Page 265 of 561 page 8 of 11 UTILITIES: SEC. 8-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL JOINT TRENCH P-4 $40.00 LF 20 800.00 GAS TRENCH $24.00 LF 20 480.00 PIPE JACKING (BORING)6" PIPE OR LESS $120.00 LF - SERVICE POLE RELOCATE $1,000.00 EA - TELEPHONE POLE RELOCATE $2,500.00 EA - ELECTRIC POLE RELOCATE $6,000.00 EA - JUNCTION POLE RELOCATE $9,000.00 EA - UNDERGROUND + JP RELOCATE $15,000.00 EA - INSTALL SIDEWALK GUY $1,300.00 EA - STREET LIGHTS $5,000.00 EA - GUY ANCHOR ONLY RELOCATE $1,800.00 EA - GUY POLE AND ANCHOR RELOCATE $3,100.00 EA - - - - - - - - - - - - - - - - - - - Subtotal 1,280.00 Page 266 of 561 page 9 of 11 TRAFFIC CONTROL: SEC. 9-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL TRAFFIC STRIPING THERMOPLASTIC $3.00 SF BULK - TRAFFIC STRIPING PAINT $0.60 LF - TRAFFIC STRIPING THERMOPLASTIC $1.20 LF 710 852.00 REMOVE STRIPING $3.00 LF 275 825.00 TRAFFIC MARKING $1.25 SF - STOP + STREET NAME SIGNS M-4 $600.00 EA - STREET NAME SIGN ONLY M-4 $300.00 EA - BARRICADE METAL (M-2)$1,300.00 EA - BARRICADE WOOD (M-2A)$80.00 LF - MARKERS AND DELINEATORS $32.00 EA - CONSTRUCTION AREA SIGNS $400.00 EA - TRAFFIC CONTROL % OF IMPV.3%EA 4,500.00 - - - - - - - - - - - - - - - - - - - Subtotal 6,177.00 Page 267 of 561 page 10 of 11 EROSION CONTROL: SEC. 1.1.2.J & APP.B TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL SAND OR GRAVEL BAG $3.00 EA 54 162.00 JUTE MAT $0.35 SF - STRAW MAT $0.28 SF - STRAW BALE BARRIER $5.24 LF - STRAW BALE INLET BARRIER $3.53 LF - SILT FENCE $2.81 LF - FIBER ROLLS $1.96 LF - FIBER MAT $0.40 SF - HYDROSEED $0.33 SF - - - - - - - - - - - - - - - - - - - - - - - Subtotal 162.00 Page 268 of 561 page 11 of 11 MISCELLANEOUS TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CHAIN LINK FENCE 6' NEW $35.00 LF - OTHER FENCE LF - GATE $721.00 EA - LANDSCAPE AND IRRIGATION $2.00 SF $500 2606 5,212.00 MONUMENT WELLS M-1, M-1A $700.00 EA - RETAINING WALLS CMU/POURED $38.00 SF (FACE WALL)- RETAINING WALLS GRAVITY $28.00 SF (FACE WALL)- - - - - - - - - - - - - - - - - - - - - - - - - Subtotal 5212.00 Page 269 of 561 Item 9.k. MEMORANDUM TO: City Council FROM: Steve Kahn, Interim Public Works Director BY: Shannon Sweeney, City Engineer SUBJECT: Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance DATE: September 12, 2023 SUMMARY OF ACTION: Approve quitclaims of right-of way to Caltrans and accept relinquishment of right-of-way and an easement from Caltrans associated with the US 101/Oak Park Blvd interchange. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no new financial or personnel resources impacts on the City by these right-of- way and easement transfers. Caltrans and City staff maintenance responsibilities will not change from what they are currently performing in these areas. RECOMMENDATION: 1) Adopt a Resolution that authorizes the execution of a quitclaim deed to Caltrans for Parcels 12432-1 and 12433-1 on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102 and determine that real property exempt surplus land; 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. BACKGROUND: The US 101 Highway was built through Arroyo Grande in the late 1950’s. The Oak Park Blvd/US 101 Interchange Project was modified in the late 1980’s to increase the capacity, operational efficiency, and safety of the Interchange. As part of this Project , the City of Page 270 of 561 Item 9.k. City Council Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance September 12, 2023 Page 2 Arroyo Grande and Caltrans entered into a Freeway Agreement on May 17, 1989 (Attachment 3) that details the agreement between the City and Caltrans on right-of-way, maintenance, and operation of their respective facilities. In this Agreement, Caltrans and the City agreed to a cooperative approach in right-of-way acquisitions for freeway modifications and City streets, frontage, and local roads. While reviewing right-of-way maps, Caltrans survey and right-of-way staff discovered that several right-of-way transfers between the City and Caltrans were not executed following completion of the Oak Park Blvd/US 101 Interchange Project. They also discovered a Caltrans drainage easement that was not relinquished to the City after US 101 was constructed in the 1950’s. To finalize the right-of-way transfers and the drainage easement relinquishment, Caltrans initiated the following actions:  City Property to Caltrans. In a letter dated November 4, 2021 (Attachment 4), Caltrans requested that City Council authorize the execution of a Quitclaim Deed relinquishing two parcels (located west of West Branch Street and east of the US 101 north bound ramps at Camino Mercado (see Figure 1 on page 6 of this report), to Caltrans. These parcels are identified as 12432-1 and 12433-1 on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102.  Caltrans property and easement to the City. In a letter from Caltrans dated August 3, 2022 (Attachment 5), Caltrans indicated its “Intention to Relinquish Highway Right of Way” (located on each side of US 101/Oak Park Blvd Interchange, see Figure 2) and one drainage easement (located over a City-owned drainage basin at the southeast corner of West Branch Street and Oak Park Blvd, see Figure 2 on page 7 of this report) to the City. The portions of right of way are 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 and the drainage easement is described on a Right of Way Exhibit Map as REL 11788, Segment 3. ANALYSIS OF ISSUES: These rights-of-way transfer actions will ensure a clear and consistent distinction between City and Caltrans rights-of-way. This allows both agencies to use, maintain, operate, and improve their facilities at their own discretion and without approval from the other agency. Facilities include traffic signals, road signage, road pavement, bridges, parking, underground utilities, and other facilities. Below are details of the actions requested by Caltrans: City property to Caltrans Caltrans requested that the City quitclaim right-of-way located west of West Branch Street and east of the US 101 north bound ramps at Camino Mercado. This area serves as a transition from US 101 ramps to Camino Mercado at West Branch Street, collects Page 271 of 561 Item 9.k. City Council Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance September 12, 2023 Page 3 drainage from US 101, and is currently maintained by Caltrans. The City has no use for this area. Ownership of this right-of-way logically belongs to Caltrans and not the City. The locations to be transferred from the City to Caltrans are shown in red in Figure 1 on page 6 of this report. Caltrans property and easement to the City Caltrans is also seeking to relinquish right-of-way to the City at two locations on each side of US 101 at the Oak Park Interchange, shown as the two smaller areas in blue in Figure 2. The 1989 Freeway Agreement (Attachment 3) between the City of Arroyo Grande and Caltrans states: “NOW THEREFORE IT IS AGREED: 7. …..City will accept title to the portions of such streets lying outside the freeway limits upon relinquishment by State (Caltrans).” Based on the existing Freeway Agreement the City has already agreed to accepting the relinquished right-of-way. Caltrans is requesting the City formally accept these specific parcels for the record.” This formal acceptance did not occur previously. While the City is not required to take this action, failure to do so may not prevent it from occurring. Per sections 83 and 233 of the Streets and Highways Code, once Caltrans initiates a number of required meet and confers and follow a process laid out under State law they may relinquish title without City’s consent. However, formal acceptance is preferred, as it leaves a clear chain of title in official records and facilitates identification of ownership for maintenance purposes by both parties. Caltrans is also requesting that the City accept relinquishment of an easement over a portion of an existing drainage basin located at the southeast corner of West Branch Street and North Oak Park Blvd on property owned and maintained by the City, shown as the largest of three blue areas on Figure 2. Caltrans originally acquired this easement to assist in the construction of US 101 in the 1950’s and should have relinquished it to the City following construction. This was not completed, and Caltrans is now requesting relinquishment. The City has been performing all the maintenance requirements, such as weed abatement and culvert flow/clearance checks, of this basin since the completion of US 101. Staff supports the requests of Caltrans and recommends adoption of the two proposed Resolutions to quitclaim the rights of way surrounding the Camino Mercado on and off ramps and to accept the relinquished rights of way at the Oak Park/US 101 interchange as well as the easement over the existing City drainage basin on Oak Pa rk and West Branch. Page 272 of 561 Item 9.k. City Council Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance September 12, 2023 Page 4 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: City Right-of-Way property proposed to Caltrans: 1. Adopt a Resolution that authorizes 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. This is recommended, to provide a clear chain of title in official records and facilitate identification of ownership for maintenance purposes, and which declares the real property as exempt surplus land; 2. Do not adopt the proposed Resolution, which is not recommended, as lack of clear title obfuscates ownership and complicates maintenance efforts; or 3. Provide other directions to staff. Caltrans property and easement proposed to the City: 1. Adopt a Resolution that 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 and a drainage easement described on REL 11788, Segment 3; 2. Do not adopt the proposed Resolution. Failure to formally accept these relinquishments and easement will not prevent the transfer, but lack of clear chain of title is undesirable; or 3. Provide other directions to staff. ADVANTAGES: This action will transfer ownership of City and Caltrans right-of-way associated with the Oak Park Blvd./US 101 Interchange. This will provide a clear chain of title in official records and allow the City to better maintain and operate Oak Park Boulevard by not requiring a Caltrans encroachment permit for work in these areas. The responsibility on the City at the Camino Mercado ramps to US 101 by will be reduced by quitclaiming the right-of-way to Caltrans. DISADVANTAGES: None are identified. ENVIRONMENTAL REVIEW: Approval 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. Page 273 of 561 Item 9.k. City Council Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance September 12, 2023 Page 5 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 - Execution of a quitclaim deed to Caltrans for Parcels 12432- 1 and 12433-1 2. Proposed Resolution – Right-of-Way, Easement, and Waiver 3. Freeway Agreement covering US 101 in the City of Arroyo Grande dated May 17, 1989 4. Quitclaim Request dated November 4, 2021 5. Notice of Intention to Relinquish dated August 3, 2022 Page 274 of 561 Item 9.k. City Council Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance September 12, 2023 Page 6 Figure 1 Page 275 of 561 Item 9.k. City Council Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance September 12, 2023 Page 7 Figure 2 Page 276 of 561 ATTACHMENT 1 RESOLUTION NO. 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 WHEREAS, on May 17, 1989, the City of Arroyo Grande and Caltrans entered into a Freeway Agreement (“Agreement”) pertaining to US 101 through Arroyo Grande, which details the agreement between the City and Caltrans on right-of-way, maintenance, and operation of their respective facilities; and WHEREAS, the Agreement states; ”State (Caltrans) agrees to acquire all necessary right of way as may be required for construction, reconstruction, or alter ation of City streets, frontage roads, and other local roads, and City hereby authorizes State to acquire in its behalf all such necessary right of way”; and WHEREAS, the California Streets and Highway Code Section 83 reads; “Any public street or highway or portion thereof which is within the boundaries of a state highway, including a traversable highway adopted or designated as a state highway, shall constitute a part of the right of way of such state highway without compensation being paid therefor, and the department shall have jurisdiction there over and responsibility for the maintenance thereof”; and WHEREAS, the city received a letter from Caltrans dated November 4, 2021 requesting the City quitclaim to Caltrans two parcels for highway purposes: Parcels 12432-01 and 12433-1, as shown on the Right of Way map filed October 14, 2021 as file No. 2021069898, in State Highway Map Book 6, pages 99 through 102, inclusive; and WHEREAS, these two parcels are located west of West Branch Street at the Camino Mercado US 101 north bound ramps. Caltrans typically holds all right-of-way inside the freeway ramps; and WHEREAS, the City also received a letter from Caltrans dated August 3, 2022 of Caltrans’ “Intention to Relinquish Highway Right of Way”. These two portions of right of way and one drainage easement are shown as REL 11788 Segments 1, 2 and 3 respectively on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102, inclusive; and Page 277 of 561 65501.00001\41074062.1 RESOLUTION NO. PAGE 2 WHEREAS, the two portions of right of way are located on each side of US 101/Oak Park Blvd Interchange and the drainage easement is over a City-owned drainage basin located at the southeast corner of West Branch Street and Oak Park Blvd; and WHEREAS, this resolution 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 2 1065 and California Code of Regulations, Title 14, section 15378; and WHEREAS, the Surplus Land Act exempts certain surplus land from its requirements, including, pursuant to Government Code section 54221(f)(1)(D), “Surplus land that a local agency is transferring to another local, state, or federal agency for the agency's use, or to a federally recognized California Indian tribe”; and WHEREAS, parcels 12432-1 and 12433-1 as shown on State Highway Map Book 6 at pages 99-102, proposed to be quitclaimed to Caltrans, qualify as exempt surplus land. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande: authorizes the signing of a quitclaim deed substantially similar to Exhibit A, subject to any minor, technical, or non-substantive changes as approved by the City Manager and the City Attorney and following the California Department of Housing and Community Development’s acceptance of City’s compliance with the Surplus Land Act, incorporated herein on Parcels 12432-01 and 12433-1, as shown on the Right of Way map filed October 14, 2021 as file No. 2021069898, in State Highway Map Book 6, pages 99 through 102, inclusive to Caltrans; and the City Council hereby declares that (i) the parcels described herein are surplus land and not necessary for the City’s use; and (ii) the parcels described herein qualify as “exempt surplus land” pursuant to Government Code section 54221(f)(1)(D). BE IT FURTHER RESOLVED, that the recitals are incorporated herein. On motion by Council Member _________, seconded by Council Member _______, and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this 12th day of September, 2023. Page 278 of 561 65501.00001\41074062.1 RESOLUTION NO. PAGE 3 ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: _________________________________ BILL ROBESON, INTERIM CITY MANAGER APPROVED AS TO FORM: ___________________________________ ISAAC ROSEN, CITY ATTORNEY Page 279 of 561 After Recording Return To: Department of Transportation – R/W 50 Higuera Street San Luis Obispo, CA 93401-5415 STATE BUSINESS – FREE This document presented for recording pursuant to Govt. Code Section 27383. Documentary Transfer Tax: No Tax Due (Gov. Code 27383) CALIFORNIA DEPARTMENT OF TRANSPORTATION BY: Signature of Declarant Space above this line for Recorder’s Use 13103589089,,,CC 2023-09-12 Attachment 1 - Exhibit A - Quitclaim_Deed 01/2023 EXHIBIT A QUITCLAIM DEED District County Route Postmile Number 5 SLO 101 14.2 12432-1, 12433-1 The City of Arroyo Grande, a body corporate and politic, hereinafter called GRANTOR, hereby releases and quitclaims to the State of California, Department of Transportation, hereinafter called STATE, all right, title and interest in and to all that real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: Parcels 12432-1 and Parcel 12433-1, as shown on the Right of Way map filed October 14, 2021 as File No. 2021069898, in State Highway Map Book 6, pages 99 through 102, inclusive. This quitclaim deed is made for the purpose of a freeway and the undersigned hereby releases and relinquishes to the STATE any and all abutter’s rights of access, appurtenant to the remaining property in which the undersigned has some right, title or interest, in and to the freeway. Page 280 of 561 Number 12432-1, 12433-1 13103589089,,,CC 2023-09-12 Attachment 1 - Exhibit A - Quitclaim_Deed 01/2023 Dated: City of Arroyo Grande [Name of Grantor] [Title] [Name of Grantor] [Title] This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation. Dated By Director of Transportation By Attorney in Fact Page 281 of 561 ATTACHMENT 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE ACCEPTANCE OF TWO PORTIONS OF RIGHT OF WAY AND A DRAINAGE EASEMENT SHOWN AS REL 11788 SEGMENTS 1, 2 AND 3 AND AGREE TO WAIVE THE NINETY DAYS “NOTICE OF INTENT TO RELINQUISH” REQUIREMENT UNDER THE STREETS AND HIGHWAY CODE WHEREAS, on May 17, 1989, the City of Arroyo Grande and Caltrans entered into a Freeway Agreement (Agreement) pertaining to US 101 through Arroyo Grande and details the agreement between the City and Caltrans on right-of-way, maintenance, and operation of their respective facilities; and WHEREAS, the Agreement states; ”State (Caltrans) agrees to acquire all necessary right of way as may be required for construction, reconstruction, or alter ation of City streets, frontage roads, and other local roads, and City hereby authorizes State to acquire in its behalf all such necessary right of way.”; and WHEREAS, the California Streets and Highway Code Section 83 reads; “Any public street or highway or portion thereof which is within the boundaries of a state highway, including a traversable highway adopted or designated as a state highway, shall constitute a part of the right of way of such state highway without compensation being paid therefor, and the department shall have jurisdiction there over and responsibility for the maintenance thereof.”; and WHEREAS, the City also received a letter from Caltrans dated August 3, 2022 of Caltrans “Intention to Relinquish Highway Right of Way”. These two portions of right of way and one drainage easement are shown as REL 11788 Segments 1, 2 and 3 respectively on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102, inclusive; and WHEREAS, the City has received a Hazardous Material Disclosure Report dated 4/27/2023 on these two portions of right of way and one drainage easement. This memo presents an assessment of known or likely hazardous material and waste related concerns retaining to the relinquishment of the subject properties ; and WHEREAS, this resolution is not subject to the requirements of CEQA pursuant to California Code of Regulations, Title 14, section 15 060, 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. Page 282 of 561 65501.00001\41074062.1 RESOLUTION NO. PAGE 2 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande accepts two portions of right of way and one drainage easement are shown as REL 11788 Segments 1, 2 and 3 respectively on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102 and authorizes the signature of memo Caltrans Relinquishment No. 11788 to accept the relinquishments and agree to waive the ninety days’ “notice of intent to Relinquish” requirement contained in Section 73 of the Streets and Highway Code by adopting Exhibit A, incorporated herein by reference. BE IT FURTHER RESOLVED, that the recitals are incorporated herein. On motion by Council Member _________, seconded by Council Member _______, and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this 12th day of September, 2023. Page 283 of 561 65501.00001\41074062.1 RESOLUTION NO. PAGE 3 ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: _________________________________ BILL ROBESON, INTERIM CITY MANAGER APPROVED AS TO FORM: ___________________________________ ISAAC ROSEN, CITY ATTORNEY Page 284 of 561 CALIFORNIA DEPARTMENT OF TRANSPORTATION EXHIBIT A DISTRICT 5 50 Higuera St 5-SLO-101-14.1/15.3 San Luis Obispo CA 93401 -5415 Relinquishment No. 11788 ATTEN: Paul Valadão, P.E., Project Manager The City of Arroyo Grande (CITY) has reviewed your offer to accept that portion of State Right of Way to be relinquished as per letter dated 5/24/2023 and the relinquishment maps and legal description. Please Check One:  Yes, we are willing to accept the Relinquishment in its current environmental condition and setting, including, but not limited to, the presence of hazardous materials as described in the Hazardous Material Disclosure Document (HMDD) dated 4/27/2023. The CITY has received and reviewed a copy of the above-referenced HMDD. It is understood that within one year prior of the CTC date of approval of the resolution of relinquishment, CALTRANS will conduct a review of the above-referenced HMDD and if it determines that there is substantive or potentially substantive adverse change to the environment that did not exist at the time of the above-referenced HMDD, CALTRANS shall immediately notify the CITY of said changes. If no substantive or potentially substantive adverse change to the environment is found to exist, acceptance of the relinquishment in its current environmental condition shall remain in effect. Copies of the above-referenced HMDD and any updates are available at the district environmental office. Upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, Caltrans will not be responsible for any present or future remediation of said hazardous materials. Please proceed with preparing the final submittal.  No, we are not interested in accepting the Relinquishment. (Please list your reasons why) Page 285 of 561 5-SLO-101-14.1/15.3 Relinquishment No. 11788 Please Check One:  Yes, we agree to waive the ninety (90) days’ notice of “Intention to Relinquish” requirement contained in Section 73 of the Streets and Highways Code.  No, we do not agree to waive the ninety (90) days’ notice of “Intention to Relinquish” requirement contained in Section 73 of the Streets and Highway Code. As the _____________________________ for the CITY and having the authority to act on behalf of the City Council, I attest to the above checked items. SIGNED: ___________________________________________________ DATE: _________________________ NAME: _____________________________________________________ TITLE: _____________________________________________________ Page 286 of 561 ATTACHMENT 3 Page 287 of 561 Page 288 of 561 Page 289 of 561 Page 290 of 561 Page 291 of 561 Page 292 of 561 Page 293 of 561 Page 294 of 561 Page 295 of 561 Page 296 of 561 Page 297 of 561 Page 298 of 561 Page 299 of 561 Page 300 of 561 Page 301 of 561 Page 302 of 561 Page 303 of 561 Page 304 of 561 Page 305 of 561 Page 306 of 561 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF TRANSPORTATION CALTRANS DISTRICT 5 50 HIGUERA STREET SAN LUIS OBISPO, CA 93401-5415 PHONE (805) 549-3101 FAX (805) 549-3329 TTY 711 www.dot.ca.gov Making Conservation a California Way of Life. District County Route Postmile Project ID 5 SLO 101 14.2 0r004 November 4, 2021 Robin Dickerson, City Engineer Engineering Division, City of Arroyo Grande 300 E Branch Street Arroyo Grande, CA 93420 Phone: 805-473-5441 Email: rdickerson@arroyogrande.org Dear Robin Dickerson, STATE HIGHWAY 101 – Streets and Highways Code Section 83 – Branch Road, Parcel 12432-1 and 12433-1 Caltrans is currently in the process of relinquishing a portion of route 101 near Oak Park Blvd. While reviewing the mapping, I noticed some areas of W. Branch St. needed for highway purposes. This triangular sliver is shown as Parcels 12432-1 and 12433-1 saw shown on State Highway Map Book 99- 102. This matter pertains to Section 83 of California Streets and Highway Code. For recordkeeping and to leave a clear chain of title, we ask that you place a request on the agenda for the City Council to execute the attached quitclaim deed. Please complete the top portion of the deed form with notarized signatures. Then, return the deed to me so Caltrans can sign the certificate of acceptance and record the package. ATTACHMENT 4 Page 307 of 561 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” If you have any questions, please contact me. Sincerely, Adrian Foster Transportation Surveyor Central Region - Surveys Office Caltrans - District 5 50 Higuera St, San Luis Obispo, CA 93401 805-503-3596 Enclosures: Parcel 12432-1 and 12433-1 Quitclaim Deed Recorded Map Streets and Highways Code Section 83 Caltrans Right of Way Manual: 6.08.04.00 Acquiring Fee Interest in Public Ways Caltrans acquires sufficient title to existing public roads under Sections 83 and 233 of the Streets and Highways Code by including such areas within the boundaries of the State highway… Acquisition of local street and road rights of way in accordance with these Sections does not require an acquisition document. When Caltrans acquires title in accordance with these Sections, it does not leave a clear chain of title in the official records. Page 308 of 561 After Recording Return To: Department of Transportation – R/W 50 Higuera Street San Luis Obispo, CA 93401-5415 STATE BUSINESS – FREE This document presented for recording pursuant to Govt. Code Section 27383. Documentary Transfer Tax: No Tax Due (Gov. Code 27383) CALIFORNIA DEPARTMENT OF TRANSPORTATION BY: Signature of Declarant Space above this line for Recorder’s Use 12432-1_12433-1_Quitclaim_Deed_Corp_PartAcq_AG.docx 03/2020 QUITCLAIM DEED District County Route Postmile Number 5 SLO 101 14.2 12432-1, 12433-1 The City of Arroyo Grande, a body corporate and politic, hereinafter called GRANTOR, hereby releases and quitclaims to the State of California, Department of Transportation, hereinafter called STATE, all right, title and interest in and to all that real property in the City of Grover Beach, County of San Luis Obispo, State of California, described as follows: Parcels 12432-1 and Parcel 12433-1, as shown on the Right of Way map filed October 14, 2021 as File No. 2021069898, in State Highway Map Book 6, pages 99 through 102, inclusive. This quitclaim deed is made for the purpose of a freeway and the undersigned hereby releases and relinquishes to the STATE any and all abutter’s rights of access, appurtenant to the remaining property in which the undersigned has some right, title or interest, in and to the freeway. Page 309 of 561 Number 12432-1, 12433-1 12432-1_12433-1_Quitclaim_Deed_Corp_PartAcq_AG.docx 03/2020 The GRANTOR further understands that the present intention of the STATE is to construct and maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waive any and all claims for damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the highway. Dated: City of Arroyo Grande [Name of Grantor] [Title] [Name of Grantor] [Title] This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation. Dated By Director of Transportation By Attorney in Fact Page 310 of 561 CALI FO RNIA ST ATE TRANSPORTATION A GENCY California Department of Transportation DIVISION O F RIG HT OF WAY AND LAND SURV EYS OF FICE OF LA N D SU RV EYS 1727 30th Street, MS -35 I SAC RAMENTO , CA 95816-804 1 (916) 825-3317 I FAX (9 16) 227-7670 TTY 71 1 www .dot.ca.gov RECEIVED City of Arroyo Grande City Council AUG 08 202 2 215 E. Branch Street Arroyo Grande, CA 93420 CITY OF ARROYO GRANDE GAVIN NEWSOM , GOV ER NOR •• lillfrcuts• August 3, 2022 NOTICE OF INTENTION TO RELINQUISH HIGHWAY RIGHT OF WAY: Relinquishment 11788 Enclosed for your information is a proposed California Transportation Commission relinquishment resolution. This letter provides you with notice of our intention to present this resolution to the California Transportation Commission at its regular meeting following a period of 90 days from the date you receive this notice . When the commission passes the resolution, you will receive a certified copy of the approved action . The relinquishment will not become effective until it is filed with the County Recorder. This is in accordance with Section 73 of the Streets and Highways Code, whic h covers highway relinquishments to counties and cities . Our District Office will handle the recording and will advise you immediately thereafter. A ny questions, comments , or objections you may have with respect to the proposed relinquishment should be made by letter directly to Marshall Garcia , District Director, Attention: Jeremy Villegas , Chief, Land Surveys , Department of Transportation , 50 Higuera Street , San Luis Obispo , CA 93401 , with a copy forwarded to me . Sincerely, for s~ f~LS Deputy Division Chief Office of Land Surveys Enclosures l . Draft CTC Relinquishment Resolution 2. Relinquishment Map 3. Copy of Hazardous Waste Assessment: Relinquishment 11788 segments l, 2, and 3; 11789 , segment l , dated July 11, 2022 "Provide a safe and re liable transportation network that serves all people and respects the env ironment" ATTACHMENT 5 Page 311 of 561 • RESOLUTION TO RELINQUISH HIGHWAY RIGHT OF WAY IN THE CITY OF ARROYO GRANDE, ROAD 05-SLO-101-PM 14.5/14.7 Request No. 11788 WHEREAS , by Freeway Agreement, dated May 17 , 1989, between the City of Arroyo Grande and the State of California (Caltrans), the City agreed to accept title to relocated or reconstructed city streets, and the frontage roads, and other state constructed local roads lying outside the freeway limits, upon relinquishment thereof to said City by the State of California; and WHEREAS , the State of California has acquired right of way for and has constructed the above-mentioned collateral facilities in the City of Arroyo Grande along Route 101 on Oak Park Boulevard, West Branch Street , and El Camino Real , in accordance with said agreement ; and WHEREAS , in accordance with Section 73 of the Streets and Highways Code , a 90-day notice in writing , dated August 3 , 2022 , of intention to relinquish the TRANSPORTATION COMMISSION RESOLUTION No. R-XXXX Page 312 of 561 above-mentioned collateral facilities was delivered to the City of Arroyo Grande by certified mail return receipt on _______ ; and WHEREAS , this Commission has found and determined , and does hereby find and determine , that it is desirable and in the public interest that said collateral facilities be relinquished to the City of Arroyo Grande for use as city streets . NOW, THEREFORE , IT IS VOTED by the California Transportation Commission that it relinquish , and it does hereby relinquish , to the City of Arroyo Grande , effective upon the recordation of a certified copy hereof with the Recorder of San Luis Obispo County , all of the State of California 's right , title and interest in and to said collateral facilities in said city , together with the right of way and appurtenances thereof, described as follows : All those portions of State Highway right of way , shown as REL 11788 SEGMENT 1 and REL 11788 SEGMENT 2 on that certain map filed for record on October 14 , 2021 , in State Highway Map Book 6 at pages 99-102 , San Luis Obispo County Records , together with the parcel of land described in Exhibit 8 (REL 11788 , Segment 3), attached hereto and made a part hereof. EXCEPTING AND RESERVING to the State of California any and all rights of ingress to and egress from the highway hereby relinquished in and to the adjacent and adjoining freeway , except at such points as now are or may be established by resolution of this Commission . Page 313 of 561 . . REL 11788, Segment 3 Exhibit B A part of that p ortion of Lot 12 of the Ranchos Ei Pismo and San Miguelito , in the County of San Luis Obispo, said part being the easement conveyed to the State of California by deed recorded October 15, 1954 in Volume 776 at pages 48 Official Rec ords of said county, m ore particularly described as fo ll ows: Beginning at the westerly terminus of the record course 5 as described in said deed; thence, (A) N. 11 °44 '54" E ., 183 . 13 feet, al ong the record co urse 6 as described in said deed; thence, (B) S . 70°14'05" E, 137 .71 feet; thence, (C) S 40°44'43" E , 65 .57 feet ; thence, (D) S 49°54'31" W ., 191. 55 feet, to a point on the above menti oned co urse 5; thence , (E) N . 57°25'50" W ., 74 . 91 feet t o the point of beginning . END OF DESCRIPTION This real property description has been prepared by me. or under my direction, 1n co nformance w ith the Professional Land SuNeyors Act . Signature t~/:::,,_ / / ' Date June 30 2021 Page 314 of 561 THIS IS TO CERTIFY that the foregoing resolution was duly passed by the California Transportation Comm ission at its meeting regularly called and held on the ___ day of ________ 2022 [via teleconference/in the city of ------~ and that the foregoing is a full and correct copy of the original resolution. Dated this ___ day of ________ , 2022. MITCH WEISS , Executive Director CALIFORNIA TRANSPORTATION COMMISSION Page 315 of 561 COUNTY OF SAN LUIS OBISPO ·-~ llol•odfl Cl-.:i'nl&o! ...__.,_, .. _ ... --~-------·••oo.• ... ·-··-•- 99 NOT£: The s,ot• of Collfornfa or I t• ofrlcv, or 09!Jnt• •nall IIOt lM r.s~/b l e for 11'» accuroc:; or co.pier.,_, or dlgltol /nag., of tnl• -· ~ CITY OF PISMO BEACH SURVEYOR'S STATB IIENT TH IS 1114P CORRECTLY R[l'fl.CSCNTS .I. SURVCl .. AOE 9Y WE OR '-"OCR WY OIRCCTIOH IN COHFORWAHCl lfl!H !Kl HlOUlltUll.N IS Of THE PAOHSSION.l.l l .l.NO SURVEYOR'S ACT AT THf ACOl£ST OF IH[ C•LlfORHl.1. OCP.1.111\ENTOI' TR.I.NSPOAUTIOHJNF[8RUART 2019. NO FEE PER GOVC IINl[NT C00E SCCflON 610J C,n f.,,.,J C,"'t Re t..-eoc:•• Al • S t ate Hi..,,..-ay ~ 8-2, page• •IS-419 , C-t)' Aecoro.r M l ■ u -e..,111 Contro,;1 ss-sve10, co1trQl'I• Rl ■RecorclRlgntof ,c,yl,lap,I SIQ1011)111(ll.1.J. •I0l 01p,n01O•1, &IOl 01p,,,Q152 RA • 111:etlnq,,,i•Ment 145, 01'flclol llecorO. Sook 16), PG99'• IJS-1 41 RS ■ Cent e rll~ llefereoc:e ~, "°"" ,101011)1111).2-16.2 ond rleld Sook 3~117·2, Co ltron, 11r, ■ Record Ai vr,t of WO)' Woc>a ,10101p,,1ou1_1 -a10101pmo1s1 ,,.._u 2-6, Coltron1 A1 •rl•ld9QOl!.]Hl, tollr- 1111 • .u -euu , COOtnXt OS-J1910"1, CQltrONI R'J • "9co!-M of Sun,en 8ool< U, t>OQe 82 , Couity Recorder RIO-r!e td llook SO ]], Coltr0<11 Poot •• 19!>0-1954 511/ltt<I 1951-2000 9 /2 1 /1956 1915 1911 -1021 1/)1/1 '9 ◄ 12/17/1996 ''°' 1. ten1er!I,.,. r H stao1l11"eC! i:,y r,o1a lng ,,.,,, fflOl'll.l111◄1nt1 at tongent eniu, along •Ith the re<:ord rOdlue. Ut c enterline 111onu1t1ent1 ore per RIO. 2. Al911t of woy !IIO!'ltl ..... t .. ri1 108od<3Hl-l,11'10o<1ri911tof•O-,,l 1 ft _.._._nu tie d ou, 01 1 10,ron 7t0t9l.76 1 1 1.◄s" left ona %•SJ•/_ 196" lefl. Ev.rytnlng 0.hHn In 6010 fi•10 l)OQt. 11 rlgnt of .-a-,, rlgnt . ~!!ao,!~~ r lgr,, of -a-,, left f r0111 cen,..-line, u1i119 pcrc•I• in A ◄, oa l. Aignt of .. a-,, requir1.,..nt1 fr0111 tne 1990"1 •e re UC)CIOted to refleet ,-.r1tlnQ Co1tron. fenc:1119 , Irrigation oncl ut lll t lea, pe.-0e1rgn. NO /C: ,,,. srore ·• rlgnt1 ore nor eJttif'l9U/1/wd Uflt/1 r ecoroat iot1 of relorea Ca//forri /o Tr0111r,ortot/or, Commls$iotl rnolution. 117,, File No,/ _____ _ 11119 File No.: _____ _ NOTES •J-•--"9-.. (U 1x ,n,M1,J5hocf'l,l...,.,. :::::.-•-l--'"11 ..,.. .. 1• i.1 ...... ,.-,1'•0-ln r.rE:t~E. r:1.~:·.:.~n- LEGENO ___ ..,,...,lt>l ♦-d .... .._ .... _. _ ___ ,,...._,_ ---l,,lotl"t ,_.. "-- ■ -•OPanlnv (,..hM<ol (I ) lnalccto ... -...-l"f • lnllloetH t......,__,, • l""loo•••OO!cul..,.., ~.';°' 1,..i, ~~:.r:.: STATt OJ'CALIFOR.NlA CAIJJ'OMNIA !i,-ATt:TJlA."fS"1ttTATION AGENCY Ot:l"ARTMt:.NTot'11UNSNlRTATION RIGHT OF WAY RELI NQU IS HME:-I T MAP Relinqul5 hment Nos. 11788 & 11789 CoPTRICMT 1019 C,t1 LlF"OJlhl,t1 DCP .tJITWEIH ~ TAANSPORTATIOl'I. All RIQttTSACSC:JIYl:D • F"l,l,.L Silt: lilAP SC"1.{: 1" • ◄DO" rttt o iSo ◄oo eoo 1200 U(1)1 l 1110, Ofl004 l"IIO,,l[CT 101 0,170000IS OIUJ'TED 8TI A, ~011 t..-OtCCJ.f.D IYI .J . ccroozo 8TATR HleNWAT ■A, ■OOK e. ,AeR H DISTitlCT CCIAITT lil0UTl KIT P'IIII SHEU .:> TOTAi. SMUTS Sl.O 101 U .ot-lS.Sl I Page 316 of 561 COU NTY OF SAN LUIS OBISPO Rancho Pismo \ \ \ \ NO.I BEAAI NG I DlSU.MCE Li l ss1•01·•1·wl u I N3e•s1 ·11·111 I L31!RlNS!"Ol•2"£1 \ \ •BJJIJ-S£T4 ,•r,, •~llow cot oo , pp -,h>Qil per Rl j0--~.1!"12•9.9JN I \__ --------- \ \ NOrn ,,..,, Hot• of Cg/lfornlo or its officers or ~t• .,..,,, IIO t o,, ru-lbl• for tne oeevrocy or COl"IJl•teneu o f tti9/to1 i~• of '"'• "'<lJl. I I CITY OF A RRO YO GRAN DE I It '½ i g i : f iJ.I fl .. NOTC:t ,,..,_ S tal•'• ri~t• are ,..,,, ..-tinguls,,.d ,..,,;1 r-.coraotion of relot.C California Tron,sportotior, C_,,,i•sion reso/uli,:,n. NOTES STAT[OfC.\1.JFOR.'\'I,\ CAU)'OR."11A STATt: 'nU,.'\'SN)K'l'\"110~ AGf.J ri(:\' 0)'.f'AK'Olt:l'o,'O17TR.\..'i$1"1 1MT A11O:,,: R I G H T OF WAY RELINQUIS HMENT MA P ~~-_::_-__ J~I:.cg:,..JNOi:::,,:,,":::=1 c~tAl:;1!:~ll!~~~;~:: ::~Tl~~~~ &IR~~=TATI~. ___ ,_ ... "'--.f.LL FU!.HTS R[SER\'£0. ---.. 11eu-.1-I OR l'Rf'OWS RA INI OHltlA T/ON St.t: 1,JA P(SJ •l olOlptr>'JI #/_ r ---~1:-o.:.:;,~:. Fl.Ill SI ZE 1111,P SCAI,.[, I" • ~• UU ln(lloi:,tN-100-1"' F[£T O 25 50 100 150 • :::=.; ::::-• ~i}1~J 1:~~•.~r°!\.r =~iJ ~~~ ~~1=:! :;:.;.!,C:0-~,7'' 1-•• ITATI HIGNWA Y IIU ■0011: I , UH 100 fZ:ZI ~1 1::.i';:: ~1S1JUCT ~TT MOUT[ ~~\ PW ~El NO TO IAL SHEETS Page 317 of 561 COUNTY OF SAN LUIS OBISPO Ran c ho Pi s mo \ \ RH H5-Porce! 1 auo.R. 1Jfi, 9/ll/1956 11°2 ,000.00 (HI R •?000' 6a20'09 11" l•lOJ,46 ••l9')t·oo• L•696,J9' R • -------" cx1sr,,,c R,r111 101 Freeway R•)000.00' 6•1••20 42 L-960 55 .l•Stf• 0•21.Ei5 111.HIIT 110., col dOt pt} Ol /r>O' L5 N63°n·os"w L6 N26"37'55"C L7 ,,..;3•22·os·w -.•--.,,u,., __ ... , ___ ,,,.._., .. ,.,., .. ,\CN F'-f--'"''""'' ~"-"--t'-"~"~_,cITY OF '""~:~:~o GRANDE /~~::"j \! l. AAOIUS OCLU LOIGT ◄ L•lS6.25' o ,., !M>.00' 30•:st,11· 41.07' 66"22'U" 3 MB 39 \ \ NOrc, The s,a,• of C<1llforrt/Q or its off(i:;er• or oger,t• .shall not o. respo,,slble for ,,.. occurocy or ctJtr'l}l•t-n of o/gitol I~• of tf>I• mop. CITY OF GROVER BEACH 49 PM 33 ---------j (N84'•5'27"'1' 41.b1"R41 NOTES C_.dl,.,•M --1,,va -• en ees U(HJ1H1.n c;,oc,,, Zono ~-::::=::.-.... ,1<>r1~, ..... 91"!<t Dloldo .., o.ttMOlf, ... ...,,.,1~ =I=•~~-r--1 •.,J, ~I !MIU. LEGENO --•"uo,....,ll>l•H ---oc:.c•--~---.......... 11......,1.~ ---t-1.,1.,. ~,. s---- ■ oec.w-lr9l,.,....,••I (~I 1.-.tloot--lCll-l"'IJ ~ ::::;:; ~::D::-• :::,;.~i:o-.:i';"' 1_,, ~-•1...,,ot>e r elfflql,II- tl11 or c;,-o""'r Beocr, Jnc:orporotlon &OS AHOlut"on, 12/711959 -------El Camino Real 30 PM 65 29 RS 94 ----- OF PISMO BEACH C",\I J .-t)IL'lilA !IT,\Tt; TRA~!'PORT,\110/'i' ,\C;J'.,'liC:\' Dt: .. A KTMt:l\'TOl''l"K.\,'liS l"(IJC'l'A 11011,: RI G HT O F WAY R ELi 'QUIS HM ENT M A P Relinquishme nt Nos. 11 788 & 11789 COPYRlCIH 201t CAllr OR Nl .11 OEPtJHWCN l OF I AAl'<lSPORlATlON. ALLRICHTSA[SlRV[O. HJRPHt.'1/0IJS H/'Wl/W"ORJIAT/ON SC! IIU.P(S} •to/01,,,,,0/46 FIA.LSIZ(MAPSCAL[•1••S0' F[[T O 2S SO I SO U (1)1 l1'10, 0FI004 PftOJCCT 101 0!5110000IS OAAFTEO 81'1 A. F'"ttr CHCCUO BY• J, COrdozo ITATI HIGNWAY IIA,O ■0011: t, ,OACII 101 OISTIU CT taMT1' ltOt,ll[ SHEtT l'V SHEtT II) TOTAL SHEtTS S SLO 101 14 ,S l Page 318 of 561 COUNTY OF SAN LUIS OBISP O Rancho Pismo -- f83883-PC66 6-d"con,;.-per A7 \ (JJN6S"Z6'SJ''Jf 110.2$ R-t Poin, or rota1io,, to City of Grover a.ocr, lncorporor ion 80S R•aolut ion, 12/7/1959 11 .,.0,15•◄9.7' sg..•n.5• IH.31 LT IINltODli!lheO OI ••01·on and OffHI per ReHroo.,i.,..,.,,, 1•s~Porce1 •. P.O.T. \ \ -------~-.J9,2•· 11• 12,,.,o•z•J ranu-PC67 6"d'c:ooc-pe,-R7 reJHl·PC6' 6"..-6"conc-per 1n /N12"18"0rtt us.s1·Rl) CITY OF GROVER BEACH NOrc.-The s,o,e of Collfornlo or ifs officer-• or ogent11 11t>a11 not t» r-espons/ble for t~ occu.-ocy or c01rtCl•t•,,.., of <1ir,ito1 1~11 of ,,,;,. mq7. ---------------~ Rea/ ____ Ree1tObllSNIO at T~I ------ a-1•13·~• 6 .. IJ.66 H,2.Jl LT L•Jl .1:■5"14'05" L ■ll2 ,◄ 1' 6 ■1J"J0'1◄" l•l•l.75' l ◄l R,d,450,00' 6•25"5◄ OJ" L-65 5.◄8 ' 1.1&1!◄ 62•8I.J21'>1,/0LT (R ■JSOO' ••l6".JS'92 • la/OtJ,06' Ral .......... ...__' ~reettay . .. ~ '7 PMl;,98 c;/l ref ..on·ll•10 per 1110 li7•6J.82P.0,S.1. Fll883-PC70 (63'•63.62 A5) 6"1<6"coroc-pet' IH N62'0 55'06 ... 151.15· NOTtS c--01..,,, .. ....,_.1...,...-.an Cts ll!Rl•n•.n (_,..., 1 ...... ,. ~i:i?E•:'.'5.::."1•::~ ~1~ 10 .,......, .1., ........... u.,,. n !oOJl. :::..::.:t::c::.::.· 1. ,_, .......... LEGEND --o«.ou,...,,.11,1,.,. ---"«-• .. ~- ---.. llalho.ilonH ---c.1,, ..... ,... --• occ.uc:ic.,,1.,.1~· ... ,o) 00 lnOl01>•N-I01_.I,. e •:1c.:;:;, ,,,._ -• D JNlcorfHC3IC"'""W :ITATJ'.OII CAUIIOR."'U (',\I.J FOIU"IA sr,,n: TltA'1Sl'ORT,\110i'i ,\G.:.'1C\' PU'ARTMt::or.To11n~A:,iSl'ORTA'l10N RIGHT OF WAY RELINQUISHMENT MA P Reli nquishmrnt Nos. 11 788 & 11 789 COPYRIGHT 2019 C.lLJFOAHIA DE'.P.uiTWCNl Of' I AAHSPOAT.llJOf,I. .lLLRICl-!7SRE$£AV[0, FOR PJllVJOIJS R/JI /NFQHl,U,fJON Si( "Al'(SJ !1/0l()/ptfl0/48 flJLLSIZ(M.lPSCAL[:1-•50' FEET O 25 50 ISO E.t,(e ): 31910, 0R004 PROJ£Ct 101 0511000085 OR.lFTEO BY• .... FOlttr' CHCCK[O BY I .I. CO..-dozo CITY OF PISMO BEACH ::::;.;.~i:o-~.-;o· 1-•~ w;i~;:::.,r':,;: ITATI HIONWAY IIU.I' ■001( I , l'AQI: 102 OISTRICt COJNfY AOOTE SHEET PIii 5HEET HO TOTAL SHEETS --·--.,~ • ..,. ........ _,.,_1 __ ,,,.._ ..... ,o,.,, .• ,,. ... 5 SLO 101 1A.t Page 319 of 561 NB 101 ONRAMP NOTES Al I distances are in feet unless otherwise noted. DRAFTED BY DJO DATE 6/13/2022 LEGEND ACCESS PROHIBTED NOTE: The State of California or its officers or agents shall not be responsible for the accuracy or completeness of digital images of this map. OAK PARK PLAZA .SECTION 20 T.32S. R.13E. S.B.M. OF ARROYO GRANDE STATE OF CALIFORNIA CALIFOR IA STATE TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION RIGHT OF WAY EXHIBIT MAP REL 11788, SEGMENT 3 COPYRIGHT 2019 CALIFORNIA DEPART~ENT OF TRANSPORTATION. ALL RIGHTS RESERVED. SCALE : 1" = 100 ' FE ET 0 50 1 00 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 05 SLO 101 14.5 2 2 Page 320 of 561 State of Californ ia California State Transportation Agency DEPARTMENT OF TRANSPORTATION Memorandum Making Conservation a California Way of Life. To: From : RAYMOND GARCIA & DANIEL OLDHAM DEPARTMENT OF TRANSPORTATION District 5 Right of Way Engineering u~ Shell ~onohue DEPARTMENT OF TRANSPORTATION District 5 Environmental Engineering , Hazardous Waste Date: File: July 11 , 2022 05-SLO-101 , PM 14.5 Subject: HAZARDOUS WASTE ASSESSMENT: RELINQUISHMENT 11788 segments 1, 2, and 3; 11789, segment 1 This memo presents an assessment of known or likely hazardous materials and waste related concerns pertaining to relinquishment of the subject properties located along SLO-101 near postmile 14 .5 in Arroyo Grande , San Luis Obispo County, CA. This assessment was originally drafted by Ruben Atilano (D5 , Environmental Engineering) and approved by Christopher Dennis (Caltrans Headquarters , Dept. of Environmental Analysis) in September 2021 . The memo was revised by Shelly Donohue in July 2022 to reflect changes in the nomenclature of the parcels . The parcel boundaries and environmental conditions remain unchanged from the original assessment. Site Description REL-#11788 is divided into 3 parcels. Segment 1 is approximately 20 ,099 square feet in size and located on the southbound side of U .S. 101 , immediately west and east of North Oak Park Road . Segment 2 is approximately 7,822 square feet in size and located directly south of 164- 01-04 , on the opposite side of West Branch Street. These parcels are vegetated with trees , bushes and grass . REL-11788 , segment 3 is approximately 26 ,319 square feet in size and located northeast of the intersection of North Oak Park Road and West Branch Street. There are no structures on the parcel , however it appears that the parcel is part of a water retainment system and currently has ponded water. REL-#11789 , segment 1 consists of a small sliver parcel of about 12,566 square feet , west of the most southwestern portion of parcel 11788, along El Camino Real. All the properties are within Grover Beach and Arroyo Grande limits, as shown in the attached Maps of Relinquishment (Attachment 1) Current Site Use The sites are presently moderately sloping undeveloped land , with parcel 164-01-04 serving as part of a water retainment system and are identified as an incorporated urban and built up area . Use Prior to Acquisition by Caltrans Caltrans files and available information indicate that the relinquishment parcels have been undeveloped land adjacent to State right of way prior to acquisition by Caltrans . "Provide a safe, sustainable, integrated and efficient transportation system to enhance California 's economy and livability" Page 321 of 561 Relinquishments 11788 segments 1, 2 , and 3; 11789 segment 1 Revised July 11 , 2022 Page 2 of 3 Utility Easements and Pipelines A review of Caltrans records and information on line indicates that no easements and pipelines exist on the parcels . Geotracker/EnviroStor Data The regulatory databases Geotracker and EnviroStor maintained by the California State Water Resources Control Board and the California Department of Toxic Substances Control (DTSC) respectively, identify no regulated properties adjacent to the relinquishment area . There are no active investigation/mitigation sites adjacent to the relinquishment area. No permitted underground storage tanks properties are located adjacent to the relinquishment area. According to information online , no sites have impacted the relinquishment area. Attachment 3 provides a screenshot from Geotracker with the EnviroStor layer turned on illustrating the relinquishment parcels and the surrounding area . Aerially Deposited Lead Tetraethyl lead was first added to gasoline , as an anti-knock additive , in the early 1920s. California ended the use of leaded fuel for any on-road motor vehicles in 1994 , with the remainder of the United States banning use in 1996. Lead is still an additive to aviation fuels . Particulate lead was discharged in vehicle exhaust settling on and along California 's highways . The lead discharged from motor vehicles that accumulated in roadside soil is referred to as aerially deposited lead (AOL). Elevated concentrations of AOL are present in roadside soils throughout California . Caltrans did not sample for AOL in the relinquishment areas . Soil with elevated AOL must be appropriately managed . Due to the distance from the main traveled way (closest distance to traveled way is 30 feet) to parcel 11789 , segment 1, regulated concentrations of AOL are not anticipated to be present on the parcel. Parcels 11788 segments 1, 2 , and 3 are further away from the main traveled highway than parcel 11789 and , therefore , AOL soil is not anticipated to be present on these parcels. Striping/Pavement Markings Lead chromate was a constituent of striping paint and pavement marking materials but has been phased out by Caltrans . However, older striping and pavement marking materials having elevated concentration of lead may still be present. The relinquishment parcels do not contain asphalt covered by traffic stripe/pavement marking . California Geologic Survey Mineral Hazard Database Review The California Geologic Survey has compiled maps identifying mineral hazards within California, including petroleum , lithologic units and structures containing naturally occurring asbestos , mercury, asbestos and other mineral hazards . These maps indicate that the relinquishment area is not located within a geologic unit known to contain naturally occurring asbestos or other hazardous minerals . "Provide a safe , sustainable, integrated and efficient transportation system to enhance California 's economy and livability" Page 322 of 561 Relinquishments 11788 segments 1, 2 , and 3; 11789 segment 1 Revised July 11 , 2022 Page 3 of 3 There are no faults mapped on the CGS maps within the relinquishment area where naturally occurring asbestos may be present on the slip surfaces . There are no known gas wells , oil wells , or seeps identified on the Division of Oil , Gas , and Geothermal Resources (DOGGR) maps within or adjacent to the relinquishment area. Asbestos and Lead Containing Materials Asbestos containing materials (ACM) were frequently used on Caltrans structures in the form of shims , additives to mastics and transit pipe . Materials used in concrete comprising structural elements including bridge decks , buttresses and approaches may contain sand and gravel that may have naturally occurring asbestos. There are no structures on the subject parcels and no ACM or lead containing materials are anticipated . Chemically Treated Wood Wood products such as signposts are commonly treated with chemical preservatives to protect the wood from insects , microorganisms , fungi , and other environmental conditions that can cause wood decay. Treated wood contains elevated concentrations of hazardous chemicals , once these wood products are removed from service , they must be managed under the alternative management standards developed by DTSC . Based upon a visual survey of the relinqu ishment area by Google Earth Street View Imagery, Treated Wood is not present within the area to be relinquished . Spills and Accidental Releases The Caltrans Maintenance program has no records of spills or accidental releases of hazardous materials within the area of relinquishment. Visual Observations Visual observations of the relinquishment area were made by Google Earth Street-View imagery. No hazardous materials , structures , commercial , or industrial uses on or adjacent to the relinquishment area were identified . Electronic Waste There are no electronic systems or devices on or adjacent to the relinquishment area . Attachment(s) Attachment 1. Map of Relinquishments Attachment 2. Geotracker/EnviroStor Screenshot "Provide a safe , sustainable, integrated and efficient transportation system to enhance California 's economy and livability" Page 323 of 561 Arroyo Grande Excess Land Relinquishment 05-SL O-10 I-PM 14.5 REL 11788 segm e nts 1, 2 , a nd 3; 11789 , seg m e nt 1 Attachment 1 -Maps of Relinquishment Page 324 of 561 COUNTY OF SAN LUIS OBISPO Rancho Pismo -··--··· ... ... __ ,.,.,u_______,, ................ _._ 99 NOTC: rr.. s,ot• of Coll f ornlo or r ,, officer, or agent & &r.t:111 "°' N rHp,ct>l ibl• for tl'WI oeeun,cy or COfllPl•t-• of d/p;tol I~• of ,,,;, "'°"· ~ :- ~ C:_~~- CITY OF PISMO BEACH SURVEYOR'S ST ATEMENT THIS Wt.PCOflRECTLlA[f"fl[!l(NlSJ.SUflV[Y M,1,0£8YM(OAUHO(A IIIY 01ftECT10N IN COMfORM ANC£ IU1H IHI.. Hl(lUJlft.lll.NIS Qt IH[ PIIOHSSIOH,l,l L'NO SIJIW:YOfl'S .t.CT AT Hff RCOl.£ST Of THE CAUFORNl.1. DCPARTl,lf;N TOfTAAHSPOfll.l.TIONlNF(flRIJA.AY2019. MO F[[ PEA GOW:RPU"N T COO£ SECTION 6l0l Co n ~.r~ul C,P>f H[L[J,jNOl_,1,N ~~~-,,:~ blP\Jh toi..iih Ri:CMbCR A•f.,...-.C •• Al • State Hi9"-0)' WOp 6oot,, 2, 1)09e■ •15 411, Coun1")1 llie<xrftr l'IZ . u-8ulll con,..-ae, SS·SvclO, Coltr'Q'\S JU • Record Fligtrt of Wr:r, t,laps slol01Plfl()l •l ,&I010ll)ffl014'-1,.IOl011)11101S1 A• • Re llnqui&twe nt r •s, Officio! Aecoroe 9oo1,. ID, po991J ll5·141 AS • Cent e rtllMI Reference iolclR,,r.,ent &<>QI\ ■l glOIPIIII l,2•16.2 and fl e lo Book 3417·2, Cottr-ooa A6 • lie.cord RigM of 9oy ~ •lolOlp,t10l•1_1-•lolOlp,,,0151 ,i-..1•2-6 ,Co ltron• Al•rleldtlool<JUIJ,Collroo. fll • u-111..iu, eon1roc1 05-Jl910<I, conrorui A9 • lleco.-<k of Sur,...n 6ool< 7,., 00;,e 82, Coo..,ty lleco.-oer A10• rlela llool< !iOJl, Cottron• NotH 1950-195• 51111,5'1 195•-2000 9 /2 1/1954 1915 1990-1991 l9'1 -l021 1/31/1994 12117/19'6 '''" I. Centerline r H stoo1lst>e0 Dy f'lCl ldlng me mon,,i..,.ntt ot 1on941nt enoa, 010011 •lttl tne necord r oc,!ue. All c e nte rline 111a1u111eote ore per RIO. Algr,tof .. oymoou111.,,t •: rlelo&ooi,; 311 1-1 , •l'IC>oa 1dgr,1 of •oy le ft lftO"IUll'ler>tt tied ou, 01 s t otloo 110--9J.76 111.45' leff ona 96•53•1_ 196' 1ef1. Everytnlng De ,-,,een In .aid fi e ld DOOP. ls rlgM of •oy rl9M. ~-:~OD,.!~=-right of ,.gy le ft fr°"' cen1erllne, usi09 PQl'"ee l s in R4, os l . Right of •oy r equirement s f rOl!I tne 1,90·• ,..,,.. Ul)<IOted to reflect e11lstl119 COltron• fencing, lrrlgofloo and ut l ll t lH, per DeSllJO. NO /C: ,,,. s,01•·• rlg11rs ore r,ot e1ttlngul•twa unt// ~ootlfxi of relot ea Co//f ornlo rronn,ortotion Co,,,,,./u/ot'I r.solutlon. ,,,,,n,eNo.: _____ _ 111'!1 File No.: NOTIS ~,----·-· ... en 1,1w1,.,,.:,s E-. z-,. ::::=.-•""IO"l "9 cr•9"1t 01 ,i...,o.-,ss •o-1n ~:•=~· ._,14.~l, r1 \OU. LEGEND ---•..,..,.,tt,ri.c, -------""'"••"-'1-1----t,,l1tl"9 .,. ~-■ ,._._,l,.,.{f'rlv11*I t•f l""lcot .. llOdlOi ...... 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Star,·• r/gt,ts or. not ,,1,'ngu;,,_,, until r.coraorion r;,f r,10,,,., California rranspor,ation ,_1,,1on r u o111ti0t1. NOTES S'TAT[Of C,\I J►'llR./'11,\ C'A U FOH."11A ~1',\T[ 1'RASSffitff,\'l10N ,\Gt.:.NCY D[l'Ak 'n-1[1\"TOt'TK,\,"1St'<IK'l',\1'1 0/'1 CoorG( ... tH-.....-)np.,...o <>n CU _,!WJ!ff1," (....,!'I, Zme ~. ~:::::;::_ -•t Mlot-1"11 "'"" g,ld Dlvlm1>10 . ..,,..,~ ,,,...,.,,1,. :::,:•~ ..... ~~-r"!Ul, ~R ~Oll. RI G H T OF WAY RELINQU ISHM ENT MAP r_------~:=~;=;,_=•·~ .. -.. 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TilA~Sl'ORT,\TION AG~:NC\' Df.t'AIHME,,TOl'TRANSt'ORTAllON" RI GHT OF WAY R ELINQUIS HM ENT MA P Relinquishment Nos. t 1788 & 11 789 COPYRIGHT 2019 CALlfOFftllA OEl'.IJITMENl OF TR.lNSPORH.TION, ALLRlCHTSRES(RV[O. FOR PREVIOUS H/W /Nf"ORl4•flON Sf[ 1,uP(S} s/ol0lpm0146 FULL Sll[Mt.PSUt.[: 1*• so· FEET O 2S '50 I SO EA(■)I 31910, OR004 PROJ£CT ID! 05170000115 ORAf'TEO 8Y: t., Fo.t•,.-CHE CKED 8YI J, CO..-do;zo I TATI! HIQNWAT •Al' ■0011: I , ll'AQI 101 DISTR ICT COUNTY AOOTE SH£El PM SHEET MO TOTAL SHEETS SlO 101 14 ,S l Page 327 of 561 COUNTY OF SAN LUIS OBISP O Rancho Pismo \ City of Grov•r Beocn Incorporation 90S FMsolution, 12/7/1959 --~l0.2494.Ull 11 ■1,zn.oo· .o.~, 0 15 27" L-27 .94 ' Rff$10011-at uor ·on 00d offset 114'<' Aellr,ouis"""4-nr 7•5-Porcel •• P.O .T. 55•11 .1 3 94,76 LT ___-::- -.. ,,•oo·-."f""I ~ ...... 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DRAFTED BY DJO DATE 6/13/2022 LEGEND ACCESS PROH IBTED NOTE: The State of California or its officers or agents shall not be responsible for the accuracy or completeness of digital images of this map. OAK PARK PLAZA .SECTION 20 T.32S. R.13E. S.B.M. ARROYO GRANDE -------.____ STATEOFCALIFOR IA CALrFORNlA STATE TRANSPORTATION AGE CY DEPARTMENT OF TRANSPORTATION RIGHT OF WAY EXHIBIT MAP REL 11788, SEGMENT 3 COPYRIGHT 2019 CALIFORNIA DEPARTMENT OF TRANSPORTATION. ALL RIGHTS RESERVED. SCALE: 1" = 100' FEET 0 50 100 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 05 SLO 101 14.5 2 2 Page 329 of 561 Arroyo Grande Excess Land Relinquishment 05-SLO-101-PM 14 .5 REL 11788 segments 1, 2 , and 3; 11789, segment 1 Attachment 2 -Geotracker/EnviroStor Screenshot Taken 7/11/2022 from GeoTracker with EnviroStor Layer Turned On Page 330 of 561 • Page 331 of 561 Item 9.l. MEMORANDUM TO: City Council FROM: Steve Kahn, Interim Public Works Director SUBJECT: 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 DATE: September 12, 2023 SUMMARY OF ACTION: Approval of Amendment No. 3 to the contract for consultant services with Quincy Engineers, Inc. to provide design and environmental for the Traffic Way Bridge Replacement Project (Project). Amendment No. 3 is necessary to update the contract and change Quincy Engineers Inc. to Consor, their new company name, and to allow an adjustment to the total lump sum compensation and incorporate the additional services needed to address lengthened project schedule, circulation during construction, public outreach, production of environmental document s, site assessment testing and right-of- way engineering. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The 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%) and Local Sales Tax funds for the required match of $1,490,125 (11.47%). On October 8, 2019, the City Council approved a Contract for Consultant Services with Quincy Engineers, Inc. for the design and environmental services for the Project for $1,237,398. For additional services to be provided regarding the Project, an additional $157,800 is recommended to be added to the existing consultant services agreement to bring the total contract amount to $1,395,195. A summary of why the additional services are needed is in the “Analysis of Issues” section of this report. The additional services can be completed within the existing allocated funds for the Project, and no additional Local Sales Tax funds are needed. RECOMMENDATION: 1) Approve 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) Page 332 of 561 Item 9.l. City Council 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 September 12, 2023 Page 2 Determine 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). 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 structure 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 by Caltrans, 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 contract for consultant services with Quincy Engineering (Contract) for the design and environmental services for the Project in the amount of $1,237,398 (See Attachment 2). On September 29, 2022, Amendment No. 1 of the Contract was approved by the City Council to extend the term of the Contract from October 8th, 2022, to October 31, 2022. On October 11, 2022, Amendment No. 2 of the Contract was approved by the City Council to extend the term of the Contract from October 31, 2022, to October 31, 2024. Quincy Engineering, Incorporated (QEI) was acquired and became a wholly owned subsidiary of Consor North America, Incorporated in October 2022, and thus the Consultant is now named Consor, which should be reflected in City’s existing contract. ANALYSIS OF ISSUES: The design of the Project is 65% complete. The Project schedule is to start construction in late Winter of 2025. The original project schedule in the RFP was to start construction Page 333 of 561 Item 9.l. City Council 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 September 12, 2023 Page 3 in the Winter of 2023. Since October 2019, when Consor started on the Project, they and their subconsultants have provided and will provide additional services . The additional services by Consor are listed in detail on proposed Amendment No. 3 (Attachment 1), and summarized as follows: Increased Project Schedule  The increase in 2 years on the length of project schedule requires increased project management and coordination and additional meetings. Circulation During Construction  Planning Commission on August 2, 2022, adopted a Resolution recommending the City Council adopt the Mitigated Negative Declaration for the Project. They also recommended that additional review and analysis of safety issues related to traffic calming mitigation during construction be evaluated on Traffic Way and Fair Oaks Ave. Based on the additional review and analysis a temporary traffic signal at the intersection of Fair Oaks Ave/US 101 south bound off ramp and increased striping changes on Traffic Way will be installed during the Bridge closure. The traffic engineering firm CCTC provided additional services data collection, planning and design for the temporary traffic signal. Public Outreach  The Traffic Way Bridge will be closed for approximately 11 months during construction. A detailed detour plan has been developed. Consor will assist in public outreach to ensure the traveling public is informed about the use of the detour plan. Environmental Document  There are two environmental documents being produced on this Project, CEQA and NEPA. The environmental subconsultant, SWCA, provided additional services to produce these two documents. Caltrans requested and SWCA produced a Preliminary Environmental Assessment, Land Use and Farmland memo, separate Biological Assessment for the National Marine Fisheries Service and an Environmental Commitment Record that were not in the original scope of work. SWCA also provided additional services in production of the CEQA document to address the Planning Commission request for analysis of safety issues related to traffic calming mitigation during construction. Initial Site Assessment Testing and Reporting  The Initial Site Assessment identified the need for specific sampling and testing at various locations within the project sited. The results of the initial testing resulted in the requirement for six additional Aerial Deposited Lead samples, testing and reporting be completed. Haro Environmental provided the additional sampling, testing and analysis. Page 334 of 561 Item 9.l. City Council 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 September 12, 2023 Page 4 Right-of-Way Engineering  Through the design of the Project, it has been determined that 12 temporary Construction Easements will be needed to be acquired. Consor will provide the following additional services in right-of-way acquisition: Utility coordination, utility design, appraisal exhibits, field staking of temporary construction easements, legal descriptions and acquiring a Caltrans encroachment permit. To complete these additional services, $157,800 needs to be added to the contract for consultant services with Consor Engineers. Staff agrees that these additional services are needed to bring this project into construction as described in the summery above. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve Amendment No. 3 to the Contract for Consultant Services with Consor Engineers; 2. Modify as appropriate and approve the Amendment; 3. Do not approve the Amendment, which will delay Bridge replacement and cause potential closures for safety reasons; or 4. Provide other directions to staff. ADVANTAGES: The Traffic Way Bridge is a very important facility in the City of Arroyo Grande ’s traffic and pedestrian circulation system, as well as an integral route for public safety response and needs to be replaced. The additional services by Consor Engineers and their subconsultants are necessary to bring the project into construction and avoid the Bridge replacement would be delayed and potential closure may occur due to safety issues. DISADVANTAGES: No disadvantages identified with the approval of the Agreement. ENVIRONMENTAL REVIEW: 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). 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 335 of 561 Item 9.l. City Council 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 September 12, 2023 Page 5 Attachments: 1. Proposed Amendment No. 3 to the Contract of Consultant Services with Consor Engineers. 2. Contract for Consulting Services with Quincy Engineers, Inc. for providing design and environmental services for the Project. Page 336 of 561 ATTACHMENT 1 AMENDMENT 3 TO CONTRACT FOR CONSULTANT SERVICES This Amendment to the Contract for Consultant Services ("Amendment") by and between Quincy Engineering, Inc. (“Consultant”) and the CITY OF ARROYO GRANDE, a Municipal Corporation (“City”), is made and entered into this 12th day of September 2023. WHEREAS, the parties entered into an Contract for Consultant Services dated October 8, 2019 for Professional Engineering Services for the Traffic Way Bridge Replacement Project (“Contract”); and WHEREAS, the parties desire to modify the Contract as set forth herein. NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. The above recitals are true, correct and are incorporated herein by reference. 2. Quincy Engineering, Incorporated (QEI) was acquired and became a wholly owned subsidiary of Consor North America, Incorporated (“Consor”). “Consultant” in the Contract shall now herein refer to Consor, and all obligations and rights of the Consultant under this Agreement shall be assigned to Consor. 3. The additional Services by Consor, Exhibit 1 (attached), are incorporated into the Contract by reference. 4. The total amount payable in the Contract by the City to Consor will be increased by $157,800 and will not exceed $1,395,195. 5. Except as modified herein, all other terms and conditions set forth in the Agreement and its Exhibits shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment the day and year first above written. Page 337 of 561 ATTACHMENT 1 CITY OF ARROYO GRANDE: Caren Ray Russom, Mayor Consor Engineers: By: Mark L. Reno, Principal ATTEST: Jessica Matson, City Clerk APPROVED AS TO FORM: Isaac Rosen, City Attorney Page 338 of 561 EXHIBIT 1 ADDITIONAL SERVICES BY CONSOR AMENDMENT – ADDITIONAL SCOPE OF WORK ASSUMPTIONS ADDED SCOPE-OF-WORK ASSUMPTIONS - These are updates to the original Scope-of-Work assumptions and anticipated level of efforts: • The original contract was based upon a 3-year delivery of the project starting in November 2019. This amendment includes escalated costs as well as additional efforts for completion of work yet to be done. This is reflected in additional efforts for all remaining tasks to be completed. It is anticipated that the remaining scope of services including the additional task will be completed to bring the Project into construction in the Spring of 2025. • The original contract did not include efforts for the development of right-of-way plats and legal descriptions. Based on the currently approved project there will be temporary construction easements for at most 12 parcels. Therefore, this amendment will include anticipated efforts for up to 12 parcels requiring plat and legal description development. In addition, there will be anticipated efforts for up to 3 separate field visits to perform right -of-way staking in support of the appraisals and acquisitions phase. • The proposed construction access for this project now requires travelling through Caltrans Access Control, underneath US 101. This will now require a formal Caltrans Encroachment Permit that will require efforts for coordination, development of permit and response to comments to secure the permit. • As a result of comments received from Caltrans, City Council and others regarding the proposed detour and traffic handling plan additional traffic analysis will be required for the Southbound SR 101 Fair Oaks Offramp. This location will now require the design of a temporary traffic signal. Also, within the City on the east side of SR101, the City has requested additional temporary stripping and traffic handling plans on City streets within City right -of-way. These modifications and additions will require an update of the environmental impact area and will result in a NEPA revalidation. This will also require an update and memorandum to the previously circulated CEQA document. AMENDMENT – ADDITIONAL SCOPE OF WORK TASK 1.0 – Additional Design Support and Preliminary Studies Task 1.1 – Additional Project Management and Coordination The original scope of work was based on construction in 2023. The revised target for construction is summer of 2025. As a result of the overall schedule and time extension of this project, Consor will continue to provide Project Management Tasks which include coordination with the City, Team management, product development tracking, Team and stakeholder communications, and project progress and budget reporting. Consor will continue to prepare invoices and assist with HBP funding documents required throughout the duration of the project. Task 1.2 – Additional Progress Meetings Consor’s Project Manager and appropriate staff will meet with the City Project Manager and others as necessary to manage and deliver this project on the now extended schedule. Consor assumes that 3 staff members will attend 2 meetings in the City offices or virtually in addition to the kickoff meeting. Consor assumes that meetings in the City offices will be a 2-hour duration and monthly Teams calls will be a 1-hour duration, to keep the City informed of the status of the project and to gain timely decisions from the City. Additional team members will be scheduled for monthly conference calls wh en required. Consor will prepare meeting agendas and meeting notes in a format specified by the City. These efforts for now are captured within the specific additional task budget items and will not be separated here. Page | 1 Page 339 of 561 EXHIBIT 1 Task 1.7 – Public Outreach Consor will assist the City Staff with presentations to the City Council and the public regarding detour and traffic management plans, preliminary design, and bridge replacement alternatives. Consor will also assist the City with keeping the project’s webpage updated with current information, exhibits and status of the project. If required Consor can assist the City with project specific flyers to be distributed to schools identifying potential traffic impacts the project may cause. Consor will attend 2 public outreach meetings and 2 City council meetings. Deliverables Project Management HBP Documentation & Funding Assistance Meeting Agenda & Minutes Project Baseline Schedule Public Outreach Task 1.14 – Additional Traffic Design As part of the now approved detour plan CCTC will prepare a transportation analysis for the Fair Oaks Avenue/US 101 Southbound Off-Ramp intersection during the reconstruction and closure of the Traffic Way Bridge south of Branch Street. This intersection will serve traffic diverted during the bridge closure and will likely require temporary traffic control changes to accommodate the traffic increase. The analysis will evaluate the intersections during the weekday school AM, school PM, and commute PM peak hours, with and without the closure: 1. Fair Oaks Avenue/US 101 Southbound Off-Ramp/Orchard Street 2. Fair Oaks Avenue/California Street Data Collection and Forecasts No new traffic count data collection is proposed. Intersection count data from February 2019 w ill be used or more recent data will be obtained from the City. Traffic volumes will be forecast to the construction year based on an annual growth rate of 1.5 percent to develop Near Term base volumes. The SLOCOG model will be used to estimate the additional vehicles that would use Fair Oaks during the Traffic Way closure. Near Term and Near Term Plus Detour Conditions CCTC will evaluate vehicular level of service (LOS) and queuing at the study locations using methods from the Transportation Research Board’s Highway Capacity Manual and the Synchro software. Operations will be reported at the study intersections with and without the proposed detour. Mobility deficiencies related to the detour will be identified based on vehicle queuing and operations. Mitigations, including flagging, turn restrictions, or a temporary traffic signal will be considered, if needed, to address the deficiencies. Documentation CCTC will prepare a draft memorandum summarizing the above analysis for review and comment by the project team and City staff. Comments will be incorporated into a final memorandum. Project Administration and Meetings This task includes efforts related to project administration and one teleconference meetings with the project team including Caltrans and City staff. Design of Temporary Traffic Signal Bennett Engineering Services Inc will obtain an electronic base plan from Consor Engineering and prepare plan, specifications, and cost estimate (PS&E) for the installation of temporary traffic signal at the US 101 SB off-ramp/Fair Oaks Ave/Orchard Street intersection. The PS&E for the temporary signal will be submitted to the City of Arroyo Grande and Caltrans for review at 95% and 100% levels. Any comments by the City and Caltrans will be incorporated into final PS&E. Page 340 of 561 EXHIBIT 1 Additional Task 1.14 Deliverables Draft Memorandum Summarizing Additional Traffic Analysis Final Memorandum Summarizing Additional Traffic Analysis One sheet of 1” =20’ temporary signal plan One sheet of no scale temporary electrical details Task 2.0 – Additional Environmental Review, Coordination, Design and Permitting Design and Consor will coordinate with and support SWCA in the additional environmental work which has been identified leading to a NEPA revalidation and additional memorandum for CEQA. These additional scope items are required for overall project environmental clearance. SWCA Environmental Consultants conducted several “out -of-scope” items during the PA&ED phase. These additional tasks, listed below, were not included in the original scope of work were completed at the request of City of Arroyo Grande.  SWCA was requested to prepare the Preliminary Environmental Study (PES) and attend a field review meeting with City staff and Caltrans.  During the preparation of NEPA technical studies, Caltrans requested the preparation of a Land Use and Farmlands memo.  Following completion of NEPA technical studies, and during the Section 7 consultation process, Caltrans staff requested that a separate Biological Assessment be prepared for staff at the National Marine Fisheries Service (NMFS).  SWCA was asked to prepare a draft Environmental Commitments Record which would be finalized once State permitting is completed.  SWCA will support the team with NEPA revalidation resulting from a change in the study area and support with the CEQA addendum needed to document the recent changes that resulted from traffic control at Fair Oaks Boulevard. Task 2.2 – Additional Initial Site Assessment Testing & Reporting The Initial Site Assessment (ISA) identified the need for specific sampling and testing at various locations within the project sited. The results of the initial testing resulted in the requirement for six additional Aerial Deposited Lead samples, testing and reporting be completed. Haro Environmental will collect up to an additional six near surface soil samples and development of report. This includes coordination with Caltrans for sampling and analysis approval, and sampling and testing. This effort assumes half the samples will require soluble lead testing. Additional Task 2.2 Deliverables Documentation and Support for NEPA Revalidation Draft CEQA Memorandum Updating Project Final CEQA Memorandum Updating Project Additional ADL Testing & Report TASK 3.0 – Additional Right of Way Right-Of-Way Engineering The City is currently soliciting a Right-of-Way consultant who will perform all appraisals and acquisitions for the project. Task 3.1 – Additional Final Utility Coordination The original contract included efforts for completing the Final Utility coordination following the Caltrans A, B, C process. After performing initial Utility ‘A” letters to companies, Caltrans District 5 Utility & Right-of-Way Coordinators required additional work, as follows: • Increased efforts due to overall project schedule extension • Field Meetings at Project Site with affected utilities • Increased level of coordination, review of relocation plans, coordination on Report of Investigation (ROI) and Notice to Owner (NTO) with impacted utilities. • Increased level of coordination and communication with Caltrans coordinators and City Utility staff • Additional documentation and exhibit required for approval of Utility Agreements by Caltrans Page 341 of 561 EXHIBIT 1 Task 3.2 – Additional Final Design 12-inch Water Transmission Pipeline Additional efforts recognize increase level of coordination with City and City Utility Staff, understanding of construction staging of utility and completion of connections required for the system. The approved structure ty pe is a very deep cast-in-place post-tensioned concrete box structure, so additional details will be required for connection and passing the waterline through the structure. Large movements will be required at the abutments which will result in more complex expansion couplings and connections. Deliverables Attend Waterline Kick-off Meeting Coordination with City Utility Staff Draft Water Line Design Plans Final Water Line Design Plans Task 3.3 – Additional Final Right of Way Effort Based upon the current approved project, including areas for access, drainage, utilities and revegetation, this task captures the additional efforts identified. This would include coordination with City, support of property owner questions and RFI. This would also include Teams Calls and additional efforts for Right of Way Certification. Task 3.4 – Additional Appraisal Exhibits The original contract was based on have a few impacted parcels. With the now current approved project and proposed detour up to Twelve (12) parcels are impacted. This additional effort represents for Consor to prepare these additional exhibits to be used by City Right-of-Way staff showing the existing road right-of-way, proposed right-of-way or temporary construction easement, the area to be a cquired, and the APN. The exhibit will include such information as APN number, site address, owner’s name, gross acreage and easement acreage and will show the approximate property line of parcel in question and the proposed easement locations plotted over the aerial ortho-photograph. These efforts also include coordination with City Right -of-Way Staff and property owners as necessary. Deliverables Coordination with City Right of Way Staff Development of Right of Way Needs Exhibits Coordination with Property Owners as Necessary Task 3.5 – Stake the Proposed Right of Way or Temporary Construction Easements The original contract did not include any effort or scope of work for staking proposed right -of-way. The City has requested that this amendment include up to three (3) separate field visits for staking of proposed Temporary Construction Easements (TCE). DPSI will verify existing control per survey and boundary prepared by DPSI. Calculations will be prepared in the office for field staking and exhibit of points set in the field. Consor will coordinate with DPSI, City, City’s Right-of-Way Consultant for timing of field work. Consor has requested that DPSI during one of the field visits for staking also perform some additional topographic surveys to acquire additional site information. This additional information will include: • Elevations based on existing survey prepared by DPSI. datum. • Contours represented with 5-foot index and 1-foot intermediate. • Spot elevation at each intersection of a 25-foot square grid, covering additional area. • Spot elevations at street intersections and at 25 feet on center, on curb, gutter, sidewalk along both sides of Traffic Way. • Driveway shots including flares, driveway edge shots • Behind sidewalk in the storm water area we will need ground shots (the contours we have now are not reflective of existing surface) and any features (trees, posts, etc.) up to the ROW line. Deliverables Point Plot of TCE Up to Three (3) Field Visits for R/W Staking Page 342 of 561 EXHIBIT 1 Additional Topographic Survey in .PDF and AutoCAD File Task 3.6 – Legal Descriptions In the original contract it was assumed that no Plat and Legal descriptions would be needed. After meetings with City Staff, consultation with Caltrans and potential Acquisition and Appraisal specialists, it has been determined that Plat and Legal descriptions will be required. This scope of work is based upon the need for up to twelve (12) parcel plats and legal descriptions. DPSI will prepare a metes and bounds description for the purposes of TCE’s per the right-of-way needs exhibit provided by Consor. DPSI will prepare an exhibit to show the easement location graphically for each area. The legal description and exhibit will be prepared in accordance with LAFCO standards. DPSI will prepare drafts for the Project Team to review and then Final documents will be prepared incorporating comments. Deliverables Daft of Up to Twelve (12) Plat and Legal Descriptions Final of Up to Twelve (12) Plat and Legal Descriptions Task 3.8 – Caltrans Encroachment Permit The approved project and project detour now includes construction equipment and materials accessing the project site through Caltrans Access Control right of way. During the preliminary engineering phase, the Project Team held a few meetings with the City, Caltrans Local Assistance, Caltrans Encroachments, Caltrans Hydraulics and Caltrans Structures to discuss the project and proposed detour and access. These meetings serve as the basis of understanding for the coordination with Caltrans, preparation of encroachment permit and additional exhibits and information that will be required. Consor will coordinate with City Staff, Caltrans Encroachment Engineer and supporting units for additional meetings as necessary. Consor will also prepare additional exhibits, like excavation limits with regards to Caltrans existing facilities, verification of impacts and identification of impacts. Consor will also prepare all necessary information for the encroachment permit, submit drafts to City and Caltrans and respond to comments. It is anticipated that it will take several rounds of permit prior to full approval by Caltrans. Deliverables Coordination with City, Caltrans including Teams Meetings Preparation of exhibits delineating impacts, drainage, structural impacts and access Preparation of draft Caltrans Encroachment Permit Submittal of Final Caltrans Encroachment Permit Inclusion of Encroachment Permit in Construction Documents TASK 4.0 – Final Engineering Page 343 of 561 ATTACHMENT 2 Page 344 of 561 Page 345 of 561 Page 346 of 561 Page 347 of 561 Page 348 of 561 Page 349 of 561 Page 350 of 561 Page 351 of 561 Page 352 of 561 Page 353 of 561 Page 354 of 561 Page 355 of 561 Page 356 of 561 Page 357 of 561 Page 358 of 561 Page 359 of 561 Page 360 of 561 Page 361 of 561 Page 362 of 561 Page 363 of 561 Page 364 of 561 Page 365 of 561 Page 366 of 561 Page 367 of 561 Page 368 of 561 Page 369 of 561 Page 370 of 561 Page 371 of 561 Page 372 of 561 Page 373 of 561 Page 374 of 561 Page 375 of 561 Page 376 of 561 Page 377 of 561 Page 378 of 561 Page 379 of 561 Page 380 of 561 Page 381 of 561 Page 382 of 561 Page 383 of 561 Page 384 of 561 Page 385 of 561 Page 386 of 561 Page 387 of 561 Page 388 of 561 Page 389 of 561 Page 390 of 561 Page 391 of 561 Page 392 of 561 Page 393 of 561 Page 394 of 561 Page 395 of 561 Page 396 of 561 Page 397 of 561 Page 398 of 561 Page 399 of 561 Page 400 of 561 Page 401 of 561 Page 402 of 561 Page 403 of 561 Page 404 of 561 Page 405 of 561 Page 406 of 561 Page 407 of 561 Page 408 of 561 Page 409 of 561 Page 410 of 561 Page 411 of 561 Page 412 of 561 Page 413 of 561 Page 414 of 561 Page 415 of 561 Page 416 of 561 Page 417 of 561 Page 418 of 561 Page 419 of 561 Page 420 of 561 Page 421 of 561 Page 422 of 561 Page 423 of 561 Page 424 of 561 Item 9.m. MEMORANDUM TO: City Council FROM: Steve Kahn, Interim Public Works Director BY: Paul Henderson, Interim Capital Improvement Project Manager SUBJECT: Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedications DATE: September 12, 2023 SUMMARY OF ACTION: Award a construction contract (Attachment 1) for the Construction of the 191 Tally Ho Frontage Improvements Project to JJ Fisher Construction, Inc. and accept offers of dedication for easements for public right of way of the frontage of 191 Tally Ho Road and 195 Tally Ho Road (Attachments 3 and 4 respectively). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The Tally Ho Frontage Improvements Project (Project) is funded with $110,000 of Sales Tax Funds. The full $110,000 is allocated for construction. Of the $110,000 allocated for construction $85,000 is allocated to the construction of the retaining wall (th e subject agreement) and $25,000 is allocated to paving and concrete curb & gutter, which will be included in the current 2022 Street Repairs Project by Contract Change Order. The current estimate to complete the curb & gutter and paving is $45,000 , of which $25,000 is utilized from the above $110,000 budget , the remaining required $20,000 will utilize contingency funds from the 2022 Street Repairs Project. The offers of dedication have no financial impact, other than the cost of construction of the Tally Ho Frontage Improvements Project described above. RECOMMENDATION: 1) Accept the Offer of Dedication for an easement for a public right of way of the frontage of 191 Tally Ho Road, 2) Accept the Offer of Dedication for an easement for a public right of way of the frontage of 195 Tally Ho Road; 3) Award a construction contract for Construction of the Tally Ho Frontage Improvements Project to JJ Fisher Construction, Inc.; and 4) Determine 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 Page 425 of 561 Item 9.m. City Council Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedication September 12, 2023 Page 2 and has substantially the same purpose and capacity as the structure replaced as this wall was previously removed. BACKGROUND: In 2010 the City constructed the Tally Ho Road Sidewalk Improvement & Striping Plan project (PW 2009-07). As part of the 2010 project the City included construction of retaining walls in front of 195 and 197 Tally Ho Road. At the time, around 2009 -2010, the City was unsuccessful negotiating construction of a similar retaining wall with the then 191 Tally Ho Road owner. The 191 Tally Ho Road property was purchased by the current owner of the single-family residence, who moved forward constructing a wall in approximately 2022 without the necessary permits and not to standards. The City put a stop work notice on the work, but not before partial excavation and wall removal. This is the only property in this section of Tally Ho Road whose front boundary extends into the right-of-way with no offer of dedication. The City was able to renew negotiations to obtain the public right of way with the new owners; in exchange for the City proceeding with construction of the wall to standard and mitigate the current inconsistent and unsafe condition, the property owner is providing the dedication of the right-of-way. An offer of dedication for 195 Tally Ho Road was recorded in October 2014 but not formally accepted by Council, hence the inclusion of the recommendation to accept the offer in this staff report. The 191 Tally Ho Road ‘IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE’ is included in Attachment 3, which also includes a survey map of the offered property. The easement being offered includes a 60.00 feet by 20.03 feet area of the property frontage. The City plans to install new concrete curb and gutter and asphalt pavement in the right of way following the construction of the new retaining wall. The 195 Tally Ho Road ‘IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE’ is included in Attachment 4, which also includes a survey map of the offered property. The easement being offered includes a 60.00 feet by 13.02 feet area of the property frontage. The City plans to install new concrete curb and gutter and asphalt pavement in the right of way following the construction of the new retaining wall at 191 Tally Ho Road, and the 195 Tally Ho Road driveway access will be improved to tie-in with the new curb & gutter. Figure 1 below shows the location of the Project. Page 426 of 561 Item 9.m. City Council Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedication September 12, 2023 Page 3 Figure 1 - Tally Ho Road Frontage Improvement Project Locality At the August 8, 2023, Council Meeting Council approved the construction plans and specifications for the Project and authorized the City Clerk to advertise for construction bids. Bids were advertised on August 10, 2023, pursuant to the City’s purchasing policies and the Public Contract Code. Bids closed at 2pm on August 31, 2023, and 5 bids were received, with the lowest responsible bid of $84,212 by JJ Fisher Construction, Inc. The bid opening log is provided in Attachment 2. ANALYSIS OF ISSUES: At the time of this staff report the City’s 2022 Street Repairs project is under construction; the City’s contractor, JJ Fisher Construction, Inc. is scheduled to complete the 2022 Street Repairs Project in January 2024. The 2022 Street Repairs project includes competitive unit rates for concrete curb & gutter and asphalt paving. It is coincidental that the same contractor would construct both projects, which were both competitively bid separately, pursuant to the California Public Contract Code and in accordance with the City’s procurement policies. After the wall is constructed at 191 Tally Ho Road, new curb & gutter and paving will need to be constructed to integrate with the adjacent pavement and storm drainage system. If the wall is constructed prior to the completion of current 2022 Street Repairs Project, the City can take advantage of competitive contract rates for the concrete curb & gutter and Page 427 of 561 Item 9.m. City Council Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedication September 12, 2023 Page 4 paving in front of the completed wall. If the 191 Tally Ho Road wall construction is not completed prior to completion of the 2022 Street Repairs project the curb & gutter and paving portion will need to be put out to bid with unit rates likely being significantly higher than the current 2022 Street Repairs contract rates. The tentative start date for construction of the 191 Tally Ho Frontage Improvements is October 2, 2023, with a 30-working day construction duration, the Project should be completed by November 15, 2023, well before the January 2024 completion of the 2022 Street Repairs project. City Council acceptance of the offer of the two dedications is required prior to awarding a construction contract for the construction of the 191 Tally Ho Frontage Improvements. ALTERNATIVES: 1. a) Accept the Offer of Dedication for an easement for a public right of way of the frontage of 191 Tally Ho Road; b) Accept the Offer of Dedication for an easement for a public right of way of the frontage of 195 Tally Ho Road; and c) Award a construction contract for Construction of the 191 Tally Ho Frontage Improvements Project to JJ Fisher Construction, Inc.; 2. Do not approve staff’s recommendations and request further information; 3. Modify staff’s recommendation and approve; or 4. Provide direction to staff. ADVANTAGES: Completing this project will eliminate an eyesore and hazard that currently exists at this property, as well as address the lack of consistent right-of-way in this area. The masonry wall will meet the standards and the necessary right-of-way will be dedicated to the City. DISADVANTAGES: There will be potential minor traffic inconveniences to the travelling public during construction. Staff will monitor the traffic control to conform to the req uirements of the Manual on Uniform Traffic Control Devices manual (MUTCD) to mitigate any negative effects. City inspectors will be at the site during construction to adjust the traffic control for isolated instances (driveway access, etc.). ENVIRONMENTAL REVIEW: The project was reviewed in accordance with the California Environmental Quality Act (CEQA), and it was determined 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. This wall replaces a wall that was previously removed. City Council directed the City Clerk to file a Notice of Exemption at the August 8, 2023 City Council Meeting. Page 428 of 561 Item 9.m. City Council Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedication September 12, 2023 Page 5 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. Tally Ho Frontage Improvements Construction Contract 2. Bid Opening Log 3. Offer of Dedication for 191 Tally Ho Road 4. Offer of Dedication for 195 Tally Ho Road Page 429 of 561 CONTRACT for the Construction of: 191 Tally Ho Frontage Improvements Project SPECIFICATION NO. PW 2023-09 THIS AGREEMENT, made and entered into this 12th day of September 2023, by and between the CITY OF ARROYO GRANDE, a municipal corporation of the State of California, hereinafter designated City, party of the first part, and JJ Fisher Construction, Inc hereinafter designated as Contractor, party of the second part, WITNESSETH: That the parties hereto do mutually agree as follows: Recitals. A. The City does not have the personnel able and/or available to perform the services required under this agreement. B. The City desires to contract out for consulting & construction services certain projects relating to the construction of street repairs. C. The Contractor warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D. On August 31, 2023, 5 bids were received on the 191 Tally Ho Frontage Improvements Project (“Project”). The bids were from Brough Construction, Inc. for $101,945.00, R. Burke Corporation for $104,060.00, Seamair Construction, Inc. for $128,856.03, The JF Will Company, Inc. for $114,372.32 and JJ Fisher Construction, Inc. for $84,212.00. There are sufficient funds in the Project budget to move forward on the Project with the lower apparent bidder by awarding the Base Bid. G. The City enters into this Agreement in compliance with Public Contract Code 22050. H. The City desires to contract with the Contractor to perform the services as described herein. ARTICLE I. Scope of Work. In general, the project consists of constructing a retaining structure, demolition and repair of portions of existing retaining and site walls, and removal and replacement of the existing water meter and service lateral to 191 Tally Ho. This project is the precursor to adjacent concrete and hot mix asphalt pavement repairs which will be completed by others after the completion of the 191 Tally Ho Frontage Improvements Project. For and in consideration of the payments and agreements described herein, Contractor agrees to furnish all materials, equipment and labor and construct all necessary facilities for City required for Project, and to perform and complete in a good and workmanlike $77$&+0(17 Page 430 of 561 manner all the work pertaining thereto shown on the plans and described in the specifications incorporated by reference, and to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefore, except such materials as in the said specifications stipulated to be furnished by City, and to do everything required by this Contract and the said specifications and plans, and the requirements of the Engineer under them, to wit: BID ITEM LIST FOR 191 TALLY HO FRONTAGE IMPROVEMENTS PROJECT SPECIFICATION NO. PW 2023-09 Item Item Unit of Estimated Item Price Total No.SS(1)Description Measure Quantity (in figures)(in figures) BASE BID –See Plans 1 3-1.20 Mobilization, Bonds & Insurance LS 1 $17,680.00 $17,680.00 2 13-1.04 Water Pollution Control Program LS 1 $750.00 $750.00 3 21-1.01 Erosion Control LS 1 $2,250.00 $2,250.00 4 15-1.01 Demolish Existing Wall LF 8 $781.00 $6,248.00 5 77-2.02A Reroute Existing Water Service Lateral LF 22 $288.00 $6,336.00 6 77-2 Relocate Existing 2-inch Water Meter EA 1 $2,213.00 $2,213.00 7 51-1.02A 8” Concrete Masonry Unit Wall SF 220 $76.00 $16,720.00 8 51-1.02A Standard Allan Block Wall SF 150 $60.00 $9,000.00 9 Civil Plan Sheet C2 Composite Wood Fence LF 45 $457.00 $20,565.00 10 73-1.01 Remove and Replace 6” Flush Curb LF 35 $70.00 $2,450.00 BASE BID TOTAL $84,212.00 ARTICLE II. Compensation and Payment. For furnishing all said equipment, materials and labor, performing demolition as required, and doing all the work required by this Contract; and for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said specifications are expressly stipulated to be borne by City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications and in accordance with the requirements of the City Engineer under them and this Contract, City will pay and Contractor shall receive as full compensation therefore the amounts for such work as installed for the unit prices bid therefore in accordance with the proposal of Contractor, memorialized by the Bid Item List above. Page 431 of 561 Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the City to the Contractor no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the City. This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein. ARTICLE III. Full Performance. City hereby promises and agrees with said Contractor to employ, and does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to full performance of the covenants herein contained. ARTICLE IV. Contract Documents. Contract Documents shall consist of The Notice to Bidders, the Statement of Prevailing Wages, the Bid Requirements, the Contract Bid, the Bond for Faithful Performance, the Bond for Materials and Laborers, the Contract Agreement, the Standard Specifications & Engineering Standards, the Special Provisions and the Project Plans mentioned therein and titled “191 Tally Ho Frontage Improvements Project PW 2023-09”all of which are either incorporated by reference into or attached to this Contract. ARTICLE V. Bonds. Contractor shall forthwith furnish in triplicate, a faithful performance bond in an amount equal to 100% of the contract price and a labor and materials bond in an amount equal to 100% of the contract price, both bonds to be written by a surety company acceptable to City and in the form prescribed by law. ARTICLE VI. Time for Completion and Term. All of Contractor’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Schedule, attached hereto as Attachment 1 (“Work shall commence ten (10) working days from the start of “contract time,” as shown in the Notice to Proceed. Contractor shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to the City comprises the entire “Project” and shall be commenced and completed in conformance with the Project Schedule. The entire Project Page 432 of 561 shall be completed within the dates and durations provided in the Project Schedule (Attachment 1). If the Project is not completed within the timelines of this article, the Agreement shall automatically terminate, unless extended in writing by the parties. ARTICLE VII. Liquidated Damages. Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the City will suffer damage. It is therefore agreed that the Contractor shall pay to the City the sum of two thousand and two hundred dollars ($2,200.00) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity. Contractor expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule. If the City accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the Contractor further agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. This paragraph does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the City’s ability to seek other damages. Contractor is to refer to the Project Construction Schedule for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Construction Schedule. ARTICLE VIII. Insurance and Indemnity. GENERAL You must obtain and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work by you, your agents, representatives, employees or subcontractors. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude Page 433 of 561 a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. CITY CONTRACT Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. MINIMUM SCOPE OF INSURANCE Coverage must be at least as broad as: 1.Insurance Services Office Commercial General Liability coverage ("Occurrence,” Form CG-0001). 2. Insurance Services Office Commercial General Liability Endorsement Form (ISO CG 20 10 85 OR CG 20 10 (ongoing operations) & CG 2037 (completed operations). 3. Insurance Services Office Form Number CA-0001 (ED. 1/78), covering Automobile Liability, Code 1, "Any Auto,” and endorsement CA-0025. 4. Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance; 5. Course of Construction insurance covering for all risks of loss. MINIMUM LIMITS OF INSURANCE Minimum limits of insurance must be no less than: 1. General Liability: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an Page 434 of 561 amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 2. Automobile Liability: Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 3. Umbrella or excess liability insurance: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: x A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; x Pay on behalf of wording as opposed to reimbursement; x Concurrency of effective dates with primary policies; and x Policies shall “follow form” to the underlying primary policies. x Insureds under primary policies shall also be insureds under the umbrella or excess policies. As required by the State of California; 4.Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. If required by projects Special Provisions provide: 1.Builder’s risk insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the City has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and City, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property Page 435 of 561 insurance for any portion of the Project following transfer of control thereof to City. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the City. The City will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub- limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and sublimits and shall be submitted to the City prior to commencement of construction. OTHER INSURANCE PROVISIONS Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, officials, employees, and agents shall continue as additional insureds under such policies. Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall Page 436 of 561 also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. City’s rights of enforcement.In the event any policy of insurance required under this Agreement does not comply with these requirements 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Page 437 of 561 Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. City’s right to revise requirements.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. ACCEPTABILITY OF INSURERS Page 438 of 561 Insurance is to be placed with insurers with a Best Rating of no less than A: V, and who are admitted to write policies in the State of California and contribute to the state guaranty fund. VERIFICATION OF COVERAGE Contractors shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this Section (actual policy). The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City and are to be received and approved in writing by the City before work commences. The City reserves the right to require complete, certified copies of all insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. SUBCONTRACTORS The Contractor shall include all Subcontractors as named insured under his policies, or shall furnish separate certificates and endorsements for each Subcontractor. All coverage for Subcontractors shall be subject to all of the requirements stated herein. PRIVATE CONTRACT A certificate of liability insurance with at least $1 million in general liability coverage and a CG 2012 additional insured endorsement attached to it. ARTICLE IX. Governing Documents. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal therefore, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid or proposal conflicting herewith. ARTICLE XII. Compliance with Statutes and Regulations. Contractor will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. ARTICLE XIII. Notice. All notices or other official correspondence relating to contractual matters between the parties hereto shall be made by personal service or by first class mail, postage prepaid, addressed to the parties as follows: City: City Clerk City of Arroyo Grande 300 East Branch Street Arroyo Grande, California 93420 Contractor: Jayson J Fisher JJ Fisher Construction, Inc. 261 W. Dana St, Suite 102 Nipomo, CA 93444 Page 439 of 561 ARTICLE XIV. Severability. If any part of this Contract is held invalid by a court of competent jurisdiction, the balance shall retain its full force and effect. ARTICLE XV. Governing Law; Jurisdiction. This Contract will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Contract will be in San Luis Obispo County, California. ARTICLE XVI. Authorization. All officers and individuals executing this and other documents on behalf of the respective parties hereby certify and warrant that they have the capacity and have been duly authorized to execute said documents on behalf of the entities indicated. ARTICLE XVII. Provisions Required by Law.Each and every provision of law and clause required by law to be inserted in this Contract, including but not limited to the following statutorily required provisions, shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction. ARTICLE XVIII. Familiarity With Work. By executing this Agreement, Contractor represents that Contractor has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. ARTICLE XIX. Key Personnel.Contractor’s key person assigned to perform work under this Agreement is Jacob P. Treder. Contractor shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City which shall not be unreasonably withheld. ARTICLE XX. Changes.City may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by Contractor and City. The cost or credit to City resulting from changes in the services will be determined in accordance with written agreement between the parties. ARTICLE XXI. Termination.Except as otherwise provided, City may terminate this Contract at any time with or without cause. Notice of termination shall be provided in writing. In the event of such termination, the Contractor shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by Contractor shall, at City’s option, become City’s property, and Page 440 of 561 Contractor will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. Any reuse of any document for other than their intended use shall be at the sole risk and liability of the City. Should the Agreement be terminated pursuant to this Section, City may procure on its own terms services similar to those terminated. ARTICLE XXII. Assignability.This Agreement is for Contractor’s professional services. Contractor’s attempts to assign the benefits or burdens of this Agreement without City’s written approval are prohibited and will be null and void. ARTICLE XXIII. Permits and Licenses.Contractor will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. ARTICLE XXIV. Independent Contractor.City and Contractor agree that Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. Contractor will be free to contract for similar service to be performed for other employers while under contract with City. Contractor is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this Agreement that may appear to give City the right to direct Contractor as to the details of doing the work or to exercise a measure of control over the work means that Contractor will follow the direction of the City as to end results of the work only. ARTICLE XXV. Audit of Records. Contractor agrees that City, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. Contractor agrees to provide City, or designee, with any relevant information requested and will permit City, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. Contractor further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. Contractor will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. ARTICLE XXVI. Corrective Measures.Contractor will promptly implement any corrective measures required by City regarding the requirements and obligations of this Agreement. Contractor will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of Contractor to implement required corrective measures shall result in immediate termination of this Agreement. Page 441 of 561 ARTICLE XXVII. Final Payment Acceptance Constitutes Release. The acceptance by the Contractor of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Contractor for anything done, furnished or relating to the Contractor’s work or services. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Contractor, its employees, sub-Contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Contractor, its employees, sub-Contractors and agents. ARTICLE XXVIII. Rules of Construction.Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. ARTICLE XXIX. Authority/Modification.The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. City Manager, or designee, may execute any such amendment on behalf of City. ARTICLE XXX. Force Majeure.Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. ARTICLE XXXI. Time is of the Essence.Time is of the essence to comply with dates and schedules to be provided. ARTICLE XXXII. Record Audit.In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment. ARTICLE XXXIII. Retention of Securities.Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the Contractor. ARTICLE XXXIV. Claims.In accordance with the requirements of Public Contract Code Section 9204(e), a copy of Public Contract Code Section 9204 is attached hereto and incorporated into this Agreement herein. ARTICLE XXXV. Prevailing Wages and DIR Registration. In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on or engaging in the performance of any Page 442 of 561 Public Works contracts in California shall be registered with the Department of Industrial Relation. In accordance with California Labor Code Section 1770 and 1773, the City has determined that prevailing wage rates apply to this project. Copies of the prevailing rates of per diem wages applicable to this Contract are available from the California Division of Labor Statistics and Research at www.dir.ca.gov/dslr/PWP/index.htm or 455 Golden Gate Ave. 9th Floor, San Francisco, CA 94102. Any employee whose type of work is not covered by any of the classified wage rates shall be paid not less than the rate of wage listed for the classification which most nearly corresponds to the type of work performed. Pursuant to California Labor Code Section 1775, the Contractor shall forfeit no more than $200 per calendar day, or portion of a day, for each worker paid less than the prevailing rates for such work or craft, and the penalty shall be imposed and distributed pursuant to Section 1775. The following Labor Code sections are hereby referenced and incorporated into this Agreement herein: 1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates. 3. Section 1777.5 - Apprenticeship Requirements. 4. Section 1813 - Penalty for Failure to Pay Overtime. 5. Sections 1810 and 1811 - Working Hour Restrictions. 6. Section 1776 - Payroll Records. 7. Section 1773.8 - Travel and Subsistence Pay. The City will not recognize any claims for additional compensation because of the payment of the wages set forth in the Contract. In accordance with the requirements of Labor Code Section 1771.4(a)(1), this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In accordance with the provisions of the California Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.17 of the California Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the Agency. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. Page 443 of 561 IN WITNESS WHEREOF:The parties hereto have caused this Contract to be executed the day and year first above written. CITY OF ARROYO GRANDE CONTRACTOR By:By: City Manager Title ATTEST: City Attorney APPROVED AS TO FORM: City Attorney -- END OF CONTRACT -- Page 444 of 561 ATTACHMENTS TO CONTRACT FOR THE CONSTRUCTION OF: 191 TALLY HO FRONTAGE IMPROVEMENTS PROJECT SPECIFICATION NO. PW 2023-09 ATTACHMENT 1 –PROJECT SCHEDULE ATTACHMENT 2 –BOND FOR MATERIALS AND LABORERS ATTACHMENT 3 –BOND FOR FAITHFUL PERFORMANCE ATTACHMENT 4 –NOTICE TO BIDDERS, BID BOOK, SPECIAL PROVISIONS ATTACHMENT 5 –BID ADDENDA ATTACHMENT 6 –PLANS ATTACHMENT 7 - PUBLIC CONTRACT CODE SECTION 9204 Page 445 of 561 ATTACHMENT 1 – PROJECT SCHEDULE Page 446 of 561 ϭϵϭdĂůůǇ,Ž&ƌŽŶƚĂŐĞ/ŵƉƌŽǀĞŵĞŶƚƐWƌŽũĞĐƚ y,//dϭͲWZK:d^,h> ŽŶƚƌĂĐƚ/ƚĞŵ ĂƚĞ ĞƐĐƌŝƉƚŝŽŶ ŽŶƚƌĂĐƚǁĂƌĚ ϵͬϲͬϮϬϮϯ ŽƵŶĐŝůĂƉƉƌŽǀĞĂǁĂƌĚŝŶŐŽŶƚƌĂĐƚĂƚŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐ EŽƚŝĐĞŽĨǁĂƌĚ ϵͬϲͬϮϬϮϯ ŶƚŝĐŝƉĂƚĞĚ EŽƚŝĐĞƚŽWƌŽĐĞĞĚ;EdWͿ ϵͬϭϯͬϮϬϮϯ dŚŝƐŝƐƚŚĞĂŶƚŝĐŝƉĂƚĞĚĚĂƚĞĨŽƌEdWͲŝĨƚŚŝƐĚĂƚĞƐĐŚĂŶŐĞƐƚŚĞĚĂƚĞƐďĞůŽǁ ǁŝůůĐŚĂŶŐĞĂĐĐŽƌĚŝŶŐůǇ͘ ĞĨŝŶĞƐƚŚĞƐƚĂƌƚŽĨΗŽŶƚƌĂĐƚdŝŵĞΗ͘ ^ƚĂƌƚŽĨΗŽŶƚƌĂĐƚdŝŵĞΗ ϵͬϭϴͬϮϬϮϯ ϭǁĞĞŬĂĨƚĞƌEdW ĂƚĞ&Žƌ&ŝŶĂůŽŵƉůĞƚŝŽŶ ϭϬͬϯϭͬϮϬϮϯ ŽŶƚƌĂĐƚdŝŵĞŝƐĞƐƚĂďůŝƐŚĞĚĂƐϯϬǁŽƌŬŝŶŐĚĂǇƐĨŽƌƚŚĞ^/͘dŚĞĂƚĞ ĨŽƌŽŵƉůĞƚŝŽŶŝŶĐůƵĚĞƐĨŽƌ^ƚĂƚĞ,ŽůŝĚĂǇƐ͘ Ϯ͘WƵƌƐƵĂŶƚƚŽƚŚĞ^ƚĂŶĚĂƌĚ^ƉĞĐŝĨŝĐĂƚŝŽŶƐ^ĞĐƚŝŽŶϴͲϭ͘ϬϮƚŚĞŽŶƚƌĂĐƚŽƌƐŚĂůů͕ďĞĨŽƌĞŽƌĂƚƚŚĞƉƌĞĐŽŶƐƚƌƵĐƚŝŽŶĐŽŶĨĞƌĞŶĐĞ͕ƐƵďŵŝƚƚŚĞŝƌ ŽǁŶƌŝƚŝĐĂůWĂƚŚDĞƚŚŽĚ;WDͿĂƐĞůŝŶĞ^ĐŚĞĚƵůĞ͘ ϭ͘dŚŝƐWƌŽũĞĐƚ^ĐŚĞĚƵůĞŝƐŽƵƚůŝŶĞƐŽŶƚƌĂĐƚĚĂƚĞƐĂŶĚͬŽƌĚƵƌĂƚŝŽŶƐĨŽƌƚŚĞƉƌŽũĞĐƚ͘ Page 447 of 561 ATTACHMENT 2 – BOND FOR MATERIALS AND LABORERS Page 448 of 561 PAYMENT BOND (FOR LABOR AND MATERIAL) KNOW ALL MEN BY THESE PRESENTS: That we, , as Principal, and as Surety, are held and firmly bound unto the City of Arroyo Grande, in the sum of Dollars ($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of Arroyo Grande for the work described in CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF,“191 Tally Ho Frontage Improvements Project - PW 2023-09"which is attached hereto, made a part hereof, and to which reference is hereby made for all particulars, and is required by said City to give this bond in connection with the execution of said contract; NOW THEREFORE, if said Principal, as Contractor in said contract, or Principal's Subcontractor, fail to pay any of the persons referred to in Section 3181 of the Civil Code of the State of California for labor performed, skills or other necessary services bestowed, site improvement made, equipment leased, or appliances, equipment implements, machinery, materials, power, provender, provisions, teams, or trucks furnished or used in, upon, for, or about the performance of the work contracted to be done, or for amounts due under the employment Insurance Act with respect to work or labor performed by any such claimant, said Surety shall pay for the same. In an amount not exceeding the sum specified above; and if suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond is pursuant to the provisions of Ch 7 Div 3, Pt 4, Tit 15, of the Civil Code of the State of California, and shall insure to the benefit of any of the persons referred to in said Civil Code Section 3181, as it now exists or may hereafter be amended, so as to give a fight of action to such persons or their assigns in any suit brought upon this bond. No premature payment by said City to said Principal shall exonerate any Surety unless the City Council of said City shall have actual notice that such payment is premature at the time and it is ordered by said Council, and then only to the extent that such payment shall result in loss to such Surety, but in no event more than the amount of such premature payment. It is agreed, that any alterations in the work to be done, or increase or decrease of the material to be furnished, which may be made pursuant to the terms of said contract shall not in any way release either the Principal or Surety hereunder, nor shall any extension of time granted under the provisions of said contract release either the Principal or Surety, and notice of such alterations or extensions of the contract is hereby waived by the surety. WITNESS our hands this day of , 2023. Page 449 of 561 Surety Principal ALL SIGNATURES MUST BE WITNESSED BY NOTARY (Attach appropriate jurats) -- END OF PAYMENT BOND -- Page 450 of 561 ATTACHMENT 3 – BOND FOR FAITHFUL PERFORMANCE Page 451 of 561 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, , as Principal, and as Surety, are held and firmly bound unto the City of Arroyo Grande, in the sum of Dollars ($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, has been awarded and is about to enter into a written contract with the City of Arroyo Grande for the work described in the CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF THE “191 Tally Ho Frontage Improvements Project - PW 2023-09”which is attached hereto, made a part hereof, and to which reference is hereby made for all particulars, and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on Principal's part to be done and performed at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect. No premature payment by said City to said Principal shall exonerate any Surety unless the City Council of said City shall have actual notice that such payment is premature at the time it is ordered by said Council, and then only to the extent that such payment shall result in loss to such Surety, but in no event more than the amount of such premature payment. It is agreed, that any alterations in the work to be done, or increase or decrease of the material to be furnished, which may be made pursuant to the terms of said contract shall not in any way release either the Principal or Surety hereunder, nor shall any extensions of time granted under the provisions of said contract release either the principal or surety, and notice of such alterations or extensions of the contract is hereby waived by the Surety. WITNESS our hands this day of , 2023. Surety Principal ALL SIGNATURES MUST BE WITNESSED BY NOTARY (Attach appropriate jurats) -- END OF FAITHFUL PERFORMANCE BOND – Page 452 of 561 ATTACHMENT 4 - NOTICE TO BIDDERS, SPECIAL PROVISIONS, TECHNICAL PROVISIONS, BID BOOK Page 453 of 561 NOTICE TO BIDDERS SPECIAL PROVISIONS BID BOOK FOR 2023 TALLY HO FRONTAGE IMPROVEMENTS SPECIFICATION NO. PW 2023-09 APPROVAL DATE: August 8, 2023 ENGINEERING STANDARDS AND SPECIFICATIONS DATED: APRIL 2016 PUBLIC WORKS DEPARTMENT 1375 ASH STREET ARROYO GRANDE, CA 93420 Page 454 of 561 This page intentionally blank Page 455 of 561 Page 456 of 561 This page intentionally blank. Page 457 of 561 NOTICE TO BIDDERS i BID SUBMISSION CITY OF ARROYO GRANDE, CALIFORNIA Sealed bids will be received by the City of Arroyo Grande at the Public Works Administration Office located at 1375 Ash Street, Arroyo Grande, California 93420, until 2:00 P.M. on August 31, 2023 at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked: 2023 TALLY HO FRONTAGE IMPROVEMENTS SPECIFICATION NO. PW 2023-09 Questions may be submitted by email to Shannon Sweeney, City Engineer at: ssweeney@arroyogrande.org, Questions will be received until: 2:00 P.M. on August 17, 2023 Answers to questions received by the deadline will be submitted to all known bid holders. Questions received after the bid deadline will not be answered. Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered. By submission of bid you agree to comply with all instructions and requirements in this notice and the contract documents. All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms included in these Special Provisions. Each bid must be accompanied by either a: 1. certified check 2. cashier's check 3. bidder's bond made payable to the City of Arroyo Grande for an amount equal to ten percent of the bid amount as a guaranty. Guaranty will be forfeited to the City Arroyo Grande if the bidder, to whom the contract is awarded, fails to enter into the contract. The City of Arroyo Grande reserves the right to accept or reject any or all bids or waive any informality in a bid. Page 458 of 561 NOTICE TO BIDDERS ii All bids are to be compared on the basis of the Public Works Director's estimate of the quantities of work to be done, as shown on the Bid Item List. Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code. The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed herein. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids. Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects. BID DOCUMENTS A copy of the plans and specifications may be downloaded, free of charge, from the City’s website at: http://www.arroyogrande.org/Bids.aspx. Plans and specifications are available for viewing at the following plan rooms: 1. Central California Builders Exchange 2. Santa Maria Valley Contractors Association 3. Central Coast Builders Association 4. San Luis Obispo County Builders Exchange A printed copy of the plans and specifications may be obtained by contacting: Crisp Imaging 618 East Grand Avenue Arroyo Grande, CA 93420 (805) 481-1655 for a non-refundable fee of the cost of duplication. Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at: http://www.arroyogrande.org/DocumentCenter/Home/View/3151 . A printed copy of the Standard Specifications and Engineering Standards may be obtained by contacting: Crisp Imaging 618 East Grand Avenue Arroyo Grande, CA 93420 (805) 481-1655 for a non-refundable fee of the cost of duplication. You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City’s website listed above or at the office of the Public Works Director. Contact the interim Capital Improvement Project Manager, Paul Henderson at (805) 473-5456 or the Public Works Department at (805) 473-5460 prior to bid opening to verify the number of addenda issued. Page 459 of 561 NOTICE TO BIDDERS iii You are responsible to verify your contact information is correct on the plan holders list located on the City’s website at: http://www.arroyogrande.org/Bids.aspx. PROJECT INFORMATION In general, the project consists of constructing a retaining structure, demolition and repair of portions of existing retaining and site walls, and removal and replacement of the existing water meter and service lateral to 191 Tally Ho. This project is the precursor to adjacent concrete and hot mix asphalt pavement repairs which will be completed by others after the completion of the 2023 TALLY HO FRONTAGE IMPROVEMENTS project. The project estimated construction cost for the Base Bid is $75,000. Contract time is established as 30 working days. PREVAILING WAGES In accordance with the provisions of California Labor Code Sections 1770,1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the work is to be performed. A copy of said wage rates is on file at the office of the Owner. It shall be mandatory upon the contractor to whom the work is awarded and upon any subcontractor under the contractor to pay not less than said specified rates to all workmen employed by them in the execution of the work. Contractor Registration with Department of Industrial Relations In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on Public Works contracts in California shall be registered with the Department of Industrial Relations prior to bidding. Failure to provide proof of Contractor’s registration as part of the Bid shall deem the Bid as non-responsive and will therefore be rejected by Owner. Compliance Monitoring and Enforcement In accordance with the requirements of Labor Code Section 1771.4(a)(1), Bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relation. QUALIFICATIONS In accordance with the provisions of California Public Contract Code Section 3300, the City has determined that the contractor shall possess a valid Class A or C8 at the time of bid issuance. Failure to possess the specified license shall render the Bid as non- responsive and shall act as a bar to award of the Contract to any bidder not possessing said license at the time of award. In the event of dispute over classification of the license required, the opinion of the Contractor’s State License Board shall prevail . Page 460 of 561 NOTICE TO BIDDERS iv You must have experience constructing projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. One of the three reference projects must have been completed under contract with a City, County, State or Federal Government agency as the prime contractor. All referenced projects must be completed within the last five years from this project’s bid opening date. All referenced projects must be for installation of concrete sidewalk facilities, concrete grinding/slicing, and minor irrigation repair work. Failure to provide reference projects as specified in this section and as required on the qualification form may be cause to reject a bid as being non-responsive. It is the City of Arroyo Grande’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award. Protests must be filed no later than five working days after either: 1. bid opening date 2. notification of rejected bid. Protest must be in writing and received by the project manager located at: 1375 Ash Street Arroyo Grande, CA 93420. Valid protests must contain the following information: 1. the reasons for the protest 2. any supporting documentation 3. the ruling expected by the City to remedy the protest. Any protest not containing all required information will be deemed invalid and rejected. The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance with the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered. The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination. Pursuant to the Public Records Act (Government Code, §6250, et seq.), the City will make public records available upon request. AWARD The lowest bidder will be determined using the BASE BID. The City intends to award a contract to the responsive and responsible bidder with the lowest base bid price. All bids submitted shall be in accordance with the provisions of the Page 461 of 561 NOTICE TO BIDDERS v contract documents. The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects in bidding not involving time, price or quality of the work. City may waive any minor irregularities in the bids. Any bid may be withdrawn prior to bid opening but not afterward. As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the total contract price are required in compliance with Section 3-1.05 of the Standard Specifications. The City intends to award this Contract on: September 12, 2023. Deposit of Securities in Lieu of Retainage. The Contractor may elect to receive 100 percent of payment due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the California Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the City, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. Agreement to Assign. In accordance with Section 4552 of the California Government Code, the bidder shall conform to the following requirements: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act 15 U.S.C. 15, or under the Cartwright Act, Chapter 2. ACCOMMODATION If any accommodations are needed to participate in the bid process, please contact the Public Works Department at (805) 473-5460. Requests should be made as soon as possible to allow time for accommodation. Page 462 of 561 NOTICE TO BIDDERS vi This page intentionally blank. Page 463 of 561 Page 464 of 561 Page 465 of 561 Page 466 of 561 Page 467 of 561 Page 468 of 561 Page 469 of 561 Page 470 of 561 Page 471 of 561 Page 472 of 561 Page 473 of 561 Page 474 of 561 Page 475 of 561 Page 476 of 561 Page 477 of 561 Page 478 of 561 Page 479 of 561 BID BOOK N This page intentionally blank Page 480 of 561 SPECIAL PROVISIONS 1 ORGANIZATION Special provisions are under headings that correspond with the main section heading of the Standard Specifications. Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not change the paragraph number of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. DIVISION I GENERAL PROVISIONS 1 GENERAL Add to Section 1-1.01 GENERAL The work must be done in compliance with the City of Arroyo Grande, Department of Public Works: 1. 2023 Tally Ho Frontage Improvements, PW 2023-09 Special Provisions 2. City of Arroyo Grande Engineering Standards and Standard Specifications – 2016 edition 3. State of California, Department of Transportation Standard Specifications and Standard Plans – 2015 edition In case of conflict between documents, governing ranking must comply with section 5- 1.02 of the City of Arroyo Grande’s Standard Specifications. Failure to comply with the provisions of these sections is a material breach of contract: 1. Sections 6 through 8 of the Standard Specifications 2. Section 12 through 15 of the Standard Specifications 3. Section 77-1 of the Standard Specifications 4. Section 81 of the Standard Specifications 5. authorized working hours 6. OSHA compliance Replace Holiday in Section 1-1.07B Glossary with: Holiday: Holiday shown in the following table for 2023: Page 481 of 561 SPECIAL PROVISIONS 2 2023 Holidays Holiday Date observed New Year's Day January 1st Martin Luther King Day January 16th Lincoln’s Birthday February 13th President’s Day February 20th Memorial Day May 29th Independence Day July 4th Labor Day September 4th Veterans Day November 11th Thanksgiving Day November 23rd Day Following Thanksgiving November 24th Day Before Christmas December 24th Christmas December 25th New Year’s Eve December 31st Replace Section 1-1.12 with: 1-1.12 MISCELLANY Make checks and bonds payable to the City of Arroyo Grande. 3 CONTRACT AWARD AND EXECUTION Add to Section 3-1.20 PAYMENT Payment for Mobilization, Bonds, and Insurance is on a lump sum basis as indicated in the Bid Schedule. 4 SCOPE OF WORK Add to Section 4-1.03 WORK DESCRIPTION The work should be in compliance with the City Standards and the special provision for general, material, construction, and payment specifics. The reference to specific sections does not relieve the Contractor from compliance with State and local statutes, City Standards, and the Contract Documents. 5 CONTROL OF WORK Add to Section 5-1.36D Nonhighway Facilities Existing third-party (non-City-owned) utilities are shown on project plans for information purposes only. It is your responsibility to contact “Underground Service Alert USA” and have site marked prior to start of excavation or sawcutting. The City of Arroyo Grande is not responsible for any: damages costs delay expenses Page 482 of 561 SPECIAL PROVISIONS 3 resulting from a third-party underground facility operator’s failure to comply with stipulations as set forth in 4216.7.(c) of California Government Code. Add to Section 5-1.43A General Potential claim forms are located on the Caltrans’ website: http://www.dot.ca.gov/hq/construc/forms.htm Effective January 1, 2017, the provisions of Public Contract Code Section 9204 govern claims by the Contractor to the City. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Delete from 6th paragraph of Section 7-1.03 PUBLIC CONVENIENCE Delete “in Arroyo Grande” from the phrase, “Of two individuals in Arroyo Grande,”. Add to Section 7-1.03B Traffic Control Plan Work hours are restricted to 8:00 a.m. to 5:00 p.m. on all streets. Provide traffic control plan at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Upon approval of the traffic control plan, the City will issue a no- fee Encroachment Permit. Permittee (Contractor) is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence in order to restore free flowing of traffic in a safe manner. DIVISION II GENERAL CONSTRUCTION 13 WATER POLLUTION CONTROL Add to 2nd paragraph in Section 13-1.01A Summary A minor WPCP plan form may be obtained on the City’s website: https://www.arroyogrande.org/DocumentCenter/View/3155/Water-Pollution-Control- Plan-for-Minor-Projects 15 EXISTING FACILITIES Add to Section 15-1.03 CONSTRUCTION The Contractor shall preserve any existing utility facilities within the project area unless otherwise noted. Contractor shall protect existing walls, asphalt concrete and Portland cement concrete to remain except as noted in the plans. During excavation adjacent to existing walls, contractor shall be prepared to support walls with appropriate bracing or shoring. The extent of existing wall foundations is unknown. Contractor shall call the engineer of record and geotechnical engineer to observe the bottom of existing foundations, if exposed, before proceeding. Contractor shall fill voids Page 483 of 561 SPECIAL PROVISIONS 4 beneath existing foundations with a 2-sack slurry to the bottom of the excavation (minimum 6 inches below existing foundation) and at least 6 inches beyond the horizontal extents of the existing foundation, placed in a neat trench or formwork, as appropriate. Existing asphalt concrete that is disturbed or destroyed during excavation and construction shall be backfilled to preconstruction grade with aggregate base to the satisfaction of Engineer. Add to Section 15-1.04 Payment Protection and Replacement of existing city and private facilities shall be included in the price paid for various items of work. DIVISION III EARTHWORK AND LANDSCAPE 17-1 GENERAL Add to Section 17-1.01A General Site preparation, general grading, foundation excavations and placement of engineered fill shall be in accordance with the geotechnical engineering recommendations, contained within Report 305799-001, by Earth Systems. In the event of conflict between the project plans, these special provisions, and the City Standard Plans and Specifications, the most stringent of the conflicting requirements shall govern unless otherwise approved through the RFI process. 17-2 CLEARING AND GRUBBING Add to Section 17-2.03A General Mark all trees to be removed with a dot of red paint on the trunk side facing the street. City Staff must verify all trees for removal before work. Submit a Traffic Control Plan for approval by the City Engineer in advance of any work that impacts a travel way. The Contractor shall locate, protect and preserve all existing landscape irrigation adjacent to the project areas (unless noted otherwise) and is responsible for repairing or replacing any existing landscape irrigation damaged during construction activities. Add to Section 17-2.03B Clearing Clear trees indicated for removal on the plans. Replace Section 17-2.03D Disposal of Materials with the following: Dispose of all objectionable materials resulting from clearing and grubbing activities. Replace Section 17-2.04 Payment with the following: Payment for tree removal is paid on a unit cost basis as identified in the Bid Schedule. Page 484 of 561 SPECIAL PROVISIONS 5 19 EARTHWORK Add to Section 19-1.03 General the following: Earthwork shall be in accordance with the geotechnical engineering recommendations, contained within Report 305799-001, by Earth Systems. In the event of conflict between the project plans, these special provisions, and the City Standard Plans and Specifications, the most stringent of the conflicting requirements shall govern unless otherwise approved through the RFI process. This page intentionally blank Page 485 of 561 APPENDIX 1 – SAMPLE AGREEMENT 1 Sample Agreement was included in Bid Package Deleted from this Contract Agreement to prevent confusion Page 486 of 561 GEOTECHNICAL ENGINEERING REPORT CITY OF ARROYO GRANDE – 191-195 TALLY HO RETAINING WALL 191/195 TALLY HO ROAD ARROYO GRANDE, CALIFORNIA January 27, 2022 Prepared for Ms. Robin Dickerson City of Arroyo Grande Prepared by Earth Systems Pacific 4378 Old Santa Fe Road San Luis Obispo, CA 93401 Copyright © 2023 Page 487 of 561 January 27, 2023 FILE NO.: 305799-001 Ms. Robin Dickerson City of Arroyo Grande 300 E Branch Street Arroyo Grande, CA 93420 PROJECT: CITY OF ARROYO GRANDE – 191-195 TALLY HO RETAINING WALL 191/195 TALLY HO ROAD ARROYO GRANDE, CALIFORNIA SUBJECT: Geotechnical Engineering Report CONTRACT REF: Earth Systems Pacific Proposal for Geotechnical Engineering Investigation and Pavement and Retaining Wall Recommendations, City of Arroyo Grande – Tally Ho Road Widening, 191 & 195 Tally Ho Road, Arroyo Grande, California, dated November 11, 2022, Doc. No. SLO-2211-047.PRP Dear Ms. Dickerson: As per your authorization of the referenced proposal, this geotechnical engineering report has been prepared for use in the development of plans and specifications for the City of Arroyo Grande – 191-195 Tally Ho Retaining Wall project in Arroyo Grande, California. Preliminary geotechnical recommendations for site preparation, grading, pedestrian flatwork, retaining walls, pavement design, drainage and maintenance, and observation and testing are presented herein. One bound copy and an electronic copy of this report are furnished for your use. We appreciate the opportunity to have provided services for this project and look forward to working with you again in the future. If there are any questions concerning this report, please do not hesitate to contact the undersigned. Sincerely, Earth Systems Pacific Robert Down, PE Samuel Venable, EIT Principal Engineer Staff Engineer Doc. No.: 2301-035.SER/cr Page 488 of 561 iii Table of Contents COVER LETTER ................................................................................................................ ii 1.0 INTRODUCTION AND SITE SETTING .............................................................................. 1 2.0 SCOPE OF SERVICES ...................................................................................................... 1 3.0 FIELD INVESTIGATION AND LABORATORY ANALYSIS ................................................... 2 4.0 GENERAL SUBSURFACE ................................................................................................. 3 5.0 CONCLUSIONS ............................................................................................................... 4 6.0 GROUND MOTION ANALYSIS ........................................................................................ 5 7.0 GEOTECHNICAL RECOMMENDATIONS ......................................................................... 5 Site Preparation ............................................................................................................ 6 Grading .......................................................................................................................... 7 Pedestrian Flatwork ...................................................................................................... 8 Retaining Walls ............................................................................................................. 9 HMA Pavement Sections............................................................................................. 12 Drainage and Maintenance......................................................................................... 12 Observation and Testing ............................................................................................. 13 8.0 CLOSURE...................................................................................................................... 1 5 TECHNICAL REFERENCES ......................................................................................................... 16 APPENDICES APPENDIX A Figure 1 - Site Vicinity Map Figure 2 - Exploration Location Map Boring Log Legend Boring Logs APPENDIX B Laboratory Test Results Page 489 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 1 2301-035.SER 1.0 INTRODUCTION AND SITE SETTING The proposed project will consist of the widening of Tally Ho Road and a new retaining wall at 191 and 195 Tally Ho Road in Arroyo Grande, California (see Figure 1 – Site Vicinity Map in Appendix A). The site is located at the approximate coordinates of latitude 35.1294N and longitude 120.5752W, which were obtained from the Google Earth Website (Google Earth 2022). The retaining wall is proposed in an easement at 191 Tally Ho Road. An existing approximately 5- foot vertical cut is in the proposed location of the retaining wall. Prior to the cut, the easement included the front slope of 191 Tally Ho Road, which descended into the westbound lane of Tally Ho Road. The proposed road widening will extend from the existing Tally Ho Road pavement to the proposed retaining wall area. Earth Systems has anticipated pedestrian flatwork between the road widening and the retaining wall. The retaining wall is expected to be less than 6 feet. 2.0 SCOPE OF SERVICES The authorized scope of work included a general site reconnaissance, field exploration, laboratory tests, geotechnical analysis of the data gathered, and preparation of this report. The analysis and subsequent recommendations were based on verbal information and a general project location plan provided by the client. This report and recommendations are intended to comply with the considerations of Sections 1803.1 through 1803.6, J104.3 and J104.4, as applicable, of the 2019 California Building Code (CBC) and common geotechnical engineering practice in this area under similar conditions at this time. The test procedures were accomplished in general conformance with the standards noted, as modified by common geotechnical engineering practice in this area under similar conditions at this time. Preliminary geotechnical engineering recommendations for site preparation, grading, pedestrian flatwork, retaining walls, HMA pavement design, drainage and maintenance, and observation and testing are presented to guide the development of project plans and specifications. As there may be geotechnical issues yet to be resolved, the geotechnical engineer should be retained to provide consultation as the design progresses. It may also be advantageous to retain the geotechnical engineer to review project plans as they near completion to assist in verifying that pertinent geotechnical issues have been addressed and to aid in conformance with the intent of this report. Page 490 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 2 2301-035.SER It is our intent that this report be used exclusively by the client to form the geotechnical basis of the design of the project and in the preparation of plans and specifications. Application beyond this intent is strictly at the user’s risk. This report does not address issues in the domain of contractors such as, but not limited to, site safety, loss of volume due to stripping of the site, shrinkage of soils during compaction, dewatering, construction means and methods, etc. Analyses of aerial or site geology, or of the soil for corrosivity, radioisotopes, asbestos (either naturally occurring or in man-made products), lead or mold potential, hydrocarbons, or chemical properties is beyond the scope of this report. Any ancillary features such as flag or light poles, temporary access roads, and non-structural fills are not within our scope and are also not addressed. Design and/or suitability of LID features such as retention basins, bio swales, or other improvements are also beyond our scope. In the event that there are any changes in the nature, design, or location of improvements, or if any assumptions used in the preparation of this report prove to be incorrect, the conclusions and recommendations contained in this report shall not be considered valid unless the changes are reviewed and the conclusions of this report modified or verified by the geotechnical engineer in writing. The criteria presented in this report are considered preliminary until such time as any peer review or review by any jurisdiction has been completed, conditions have been observed by the geotechnical engineer in the field during construction, and the recommendations have been verified as appropriate, or modified by the geotechnical engineer in writing. 3.0 FIELD INVESTIGATION AND LABORATORY ANALYSIS A total of two exploratory borings were drilled at the site on December 22, 2022 to maximum depths of 11.5 feet below the existing ground surface (bgs). The borings were drilled with a truck- mounted Mobile Model B-53 drill rig equipped with a 6-inch outside diameter hollow stem auger and an automatic hammer for sampling. As the borings were advanced, soil samples were obtained using a 3-inch outside diameter ring-lined barrel sampler (ASTM D 3550-17 with shoe similar to ASTM D 2937-17). Bulk samples were also obtained from the auger cuttings. The approximate locations of the borings are shown on Figure 2 – Exploration Location Map in Appendix A. Soils encountered in the borings were categorized and logged in general accordance with the Unified Soil Classification System and ASTM D 2488-17. Where bedrock was encountered, its properties were described based upon observation of ring and/or Standard Penetration Test Page 491 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 3 2301-035.SER samples, observation of the auger cuttings, the effort required to drill into the bedrock, and the effort required to drive samplers into the bedrock. Logs of the borings are presented in Appendix A, along with a Boring Log Legend. In reviewing the boring logs and legend, the reader should recognize that the legend is intended as a guideline only, and there are a number of conditions that may influence the characteristics observed during drilling. These include, but are not limited to, the presence of cobbles or boulders, cementation, variations in soil moisture, presence of groundwater, and other factors. Consequently, the logger must exercise judgment in interpreting soil and bedrock characteristics, possibly resulting in soil or bedrock descriptions that vary from the legend. It should be noted that the descriptions of bedrock must span a much wider range of density and strength characteristics than soil and are relative to other bedrock strata. For example, fractured and weathered bedrock may be described as “soft”, yet will be considerably harder than almost any type of soil. Conversely, clay soil may be described as “hard”, however it will not be nearly as hard as even “soft” bedrock. Selected samples were tested in our laboratory to determine the bulk density (ASTM D 2937-17, as modified for ring liners), moisture content (ASTM D 2216-10), maximum density and optimum moisture content (ASTM D 1557-12, modified), direct shear (ASTM D 3080/D 3080M-11, in situ and remolded to 90 percent of maximum density), grain size distribution (sieve/hydrometer per ASTM D 422-63/07; D1140-17), and R-value (ASTM D 2844/D2844M-18). The laboratory test results are presented in Appendix B. 4.0 GENERAL SUBSURFACE The subsurface profiles found in the exploratory borings consisted of alluvial soils overlying the Pismo Formation. The Pismo Formation was encountered at 5 feet bgs and 1 foot bgs in Borings 1 and 2, respectively. In Boring 1, the existing pavement section consisted of 4.5 inches of asphaltic concrete over 5 inches of aggregate base. Fill soils, extending to 2 feet bgs and consisting of stiff sandy lean clay, overlied alluvium. The alluvium consisted of loose silty sand and was logged as being moist to very moist. In Boring 2, disturbed top soil, consisting of soft sandy lean clay, overlied the Pismo Formation. The Pismo Formation consisted of siltstone overlying silty sandstone, which extended to the maximum depth explored. The siltstone was logged as soft, moderately weathered, thinly bedded, and moist to very moist. The silty sandstone was logged as soft, slightly to moderately weathered, and moist. Free subsurface water was not encountered to the maximum depth explored of 11.5 feet bgs. Page 492 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 4 2301-035.SER Please refer to the boring logs in Appendix A for a more complete description of the subsurface conditions encountered at the site. 5.0 CONCLUSIONS In our opinion, the site is suitable, from a geotechnical engineering standpoint, for the proposed project, provided the recommendations contained herein are implemented in the design and construction. From a geotechnical engineering standpoint, the primary concerns are the potential for strong ground shaking and the presence of expansive soil to impact the site. Strong Ground Shaking The site is in a region of high seismic activity with the potential for large seismic events that could generate strong ground shaking. The CBC requires that seismic loads be considered in structural design. A seismic analysis was undertaken to provide seismic acceleration design parameters; the results are presented in the “Section Design Parameters” section of this report for use by others in the structural design process. The 2010 ASCE 7 method with 2013 updates available on the Structural Engineers Associate of California (SEAOC) Seismic Design Map Tool website (SEAOC, 2021) was used for the seismic analysis. The risk category for buildings and structures is assigned by others in accordance with CBC Table 1604.5; however, based on our current understanding of the project, we selected Risk Category II for our analysis. Based upon the subsurface conditions encountered during our subsurface investigation, Site Class “C”, “Very Dense Soil and Soft Rock”, was used. A general ground motion seismic analysis was performed, assuming that Exception 2 listed in Section 11.4.8 (ASCE, 2017) will apply to the project. We also provided seismic parameters if the Simplified Lateral Force Analysis Procedure from Section 12.14.8 (ASCE, 2017) will be used in structural design. Expansive Soil Expansion index tests performed on samples of the alluvium and siltstone produced expansion indices of 0 and 67, respectively. Per Section 1803.5.3 of the 2019 CBC, soils are considered to be non-expansive for expansion index values of 20 or less and expansive for values higher than 20. Using the terminology typically associated with the ASTM test method for expansion, the alluvium soils are considered to have “very low” expansion potential and the siltstone is considered to have “medium” expansion potential. Expansive soils tend to swell with seasonal increases in moisture and shrink during the dry season as subsurface moisture decreases. The Page 493 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 5 2301-035.SER volume changes that these materials undergo in this cyclical pattern can stress and damage slabs and foundations if precautionary measures are not incorporated into the design and construction procedures. Use of slightly deepened foundations combined with moisture control of the soil are recommended to provide protection for these features. Imported non-expansive soils are recommended to be placed beneath pedestrian flatwork. 6.0 GROUND MOTION ANALYSIS The site is in a region of high seismic activity, with the potential for large seismic events that could generate strong ground shaking; therefore, a seismic analysis was undertaken to provide seismic design acceleration parameters. The seismic acceleration site parameters included in the table below have been provided to the design team for use in its analyses. The 2010 ASCE 7 method with 2013 updates, available on the Structural Engineers Association of California website (SEAOC 2021), was used to obtain the parameters. The project was considered to be a “nonessential” facility from the perspective of risk category as described by the CBC. The site coordinates stated in the “Introduction and Site Setting” section were used in the analysis. Based upon the subsurface conditions encountered during our investigation, the site should be classified as Site Class C (Very Dense Soil and Soft Rock). Foundations may be designed using the following 2019 CBC seismic parameters. Table 1 – Seismic Acceleration Site Parameters Mapped Spectral Response Accelerations Site Coefficients for Site Class C Adjusted MCE Spectral Response Accelerations for Site Class C Design Spectral Response Accelerations for Site Class C Seismic Parameter Value (g) Site Coefficient Value Seismic Parameter Value (g) Seismic Parameter Value (g) SS 1.090 Fa 1.2 SMS 1.308 SDS 0.872 S1 0.397 Fv 1.5 SM1 0.596 SD1 0.397 Peak Mean Ground Acceleration (PGAm) : 0.575 g Seismic Design Category: D 7.0 GEOTECHNICAL RECOMMENDATIONS These recommendations are applicable for the improvements as described in the “Introduction and Site Setting” Section of this report. If other improvements not previously mentioned are included, the geotechnical engineer should be contacted for revised recommendations. Page 494 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 6 2301-035.SER Unless otherwise noted, the following definitions are used in the recommendations presented below. Where terms are not defined, definitions commonly used in the construction industry are intended. x HMA Pavement Areas: The footprint of the hot mix asphalt (HMA) pavement. x Site Retaining Wall Foundation Area: The footprint of the retaining wall footing. x Subgrade: The elevations in HMA and Pedestrian Flatwork Areas where aggregate base (AB) or imported non-expansive material will be placed to support these improvements. x Aggregate Base (AB): Class 2, per the Standard Specifications (Caltrans 2018a). x Scarified: Thoroughly plowed or ripped in two orthogonal directions to a depth of not less than 8 inches. x Moisture Conditioned: Soil moisture content adjusted to just above optimum moisture content prior to application of compactive effort. x Compacted / Recompacted: Soils placed in level lifts not exceeding 8 inches in loose thickness and compacted to a minimum of 90 percent of maximum dry density, unless specified otherwise. The standard tests used to establish maximum dry density and field density should be ASTM D 1557-12 and ASTM D 6938-17, respectively, or other methods acceptable to the geotechnical engineer and jurisdiction. Site Preparation 1. The ground surface throughout the grading area should be prepared for construction by removing vegetation, debris, any existing improvements, and other deleterious materials. Utilities should be identified and relocated as required prior to performing excavations. Existing utility lines that will not remain in service should be either removed or abandoned. All strippings and debris should be removed from the site to preclude their incorporation in excavation backfill. 2. Voids created by the removal of materials or utilities described above should be called to the attention of the geotechnical engineer. No fill should be placed unless the underlying soil has been observed by the geotechnical engineer. Page 495 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 7 2301-035.SER Grading Pedestrian Flatwork Areas 1. The soil in the exterior pedestrian flatwork areas should be overexcavated to a minimum depth of 2 feet below planned finished surface elevation. The soil surface exposed by overexcavation should be scarified, moisture conditioned, and recompacted. If bedrock is exposed by overexcavation, scarification should be neglected. Imported non-expansive soil should then be placed in compacted lifts to subgrade elevation. Once subgrade is established and compacted, the placement, moisture conditioning, and compaction of aggregate base or any non-expansive soil can proceed. Non-expansive material is described below in paragraph 2. 2. Non-expansive soils are defined as falling into the GW, SC, SP, or SW categories (ASTM D 2487-17) and having an expansion index of 10 or less (ASTM D 4829-19). Imported non- expansive soils should have strength qualities equal to or better than the site soils. All proposed imported fill should be approved by the geotechnical engineer before being transported to the site and periodically during construction. HMA Pavement Areas 1. The soil in HMA pavement areas should be overexcavated to 1 foot below the planned subgrade elevation or 1 foot below existing grade, whichever is deeper. The exposed surfaces should then be scarified, moisture conditioned and recompacted. If bedrock is exposed by overexcavation, scarification should be neglected. General Grading 1. All materials used as fills should be cleaned of all debris and any rocks larger than 6 inches in the maximum dimension. When fill material includes rock, the rocks should be placed in a sufficient soil matrix the ensure that voids caused by nesting of the rocks will not occur and that this fill can be properly compacted. 2. Generally, all soils should be compacted to a minimum of 90 percent of maximum dry density as defined above; however, the upper foot of subgrade and all aggregate base in HMA areas should be compacted to a minimum of 95 percent of maximum dry density. Subgrade and aggregate base in areas to be paved should be firm and unyielding when proof rolled with heavy, rubber-tired grading equipment prior to continuing construction. Page 496 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 8 2301-035.SER 3. If soils become disturbed near improvements such as foundations, flatwork, pavement, curbs, etc., damage to those improvements may result. Soils that are disturbed should be removed, moisture conditioned, and recompacted. 4. If the soils become unstable, or if the recommended compaction cannot be readily achieved, drying the soil to just above optimum moisture content may be necessary. Placement of gravel layers or geotextiles may also be necessary to help stabilize unstable soils. If such conditions are found, the geotechnical engineer should be contacted to assist the contractor in selecting appropriate measures for stabilization of unstable soils. 5. The recommended soil moisture content should be maintained during construction and throughout the life of the project. Failure to maintain the soil moisture content can result in cracks and disturbance, which are an indication of degradation of the soil compaction. If cracks are allowed to develop, or if soils near improvements such as foundations, flatwork, pavement, curbs, etc. are otherwise disturbed, damage to those improvements may result. Soils that have been or are otherwise disturbed should be removed, moisture conditioned, and compacted. Pedestrian Flatwork 1. PCC pedestrian flatwork should have a minimum thickness of 4 full inches. Reinforcement size, placement, and dowels should be as directed by the architect/engineer; minimum pedestrian flatwork reinforcement should consist of No. 3 rebar placed at 24 inches on center each way. 2. In conventional construction, it is common to use four to six inches of sand beneath exterior flatwork. Due to the potentially expansive soils at the site, it is recommended that a minimum of 12 inches of non-expansive soil be placed and compacted under the flatwork. In addition to the placement of non-expansive material in the pedestrian flatwork areas as described in the “Grading” section, another measure that can be taken to reduce the risk of movement of flatwork due to expansive soils is to provide thickened edges or grade beams around the perimeters of the flatwork. The thickened edges or grade beams could be from 12 to 27 inches deep, with the deeper edges or grade beams providing better protection. At a minimum, the thickened edge or grade beam should be reinforced by two No. 4 rebars, one at the top and one at the bottom. The use of thickened edges or grade beams is left to the discretion of the city and/or architect/engineer. Page 497 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 9 2301-035.SER 3. For an added level of protection, the flatwork can be provided with perimeter trenched edges a minimum of 3 inches deeper than the chosen nonexpansive layer. The trenched edges should be reinforced with No. 4 rebar top and bottom. The decision regarding the thickness of nonexpansive material to use below flatwork, as well as the use of trenched edges, is left to the architect/engineer or owner. 4. Flatwork should be constructed with frequent joints to allow articulation as the flatwork moves in response to seasonal soil temperature and moisture variations. The soil below flatwork should be moisture conditioned prior to casting the flatwork. 5. Flatwork surfaces should be sloped to freely drain toward appropriate drainage facilities. Water should not be allowed to stand or pond on or adjacent to pavement or other improvements as it could infiltrate into the aggregate base and/or subgrade, causing premature pavement deterioration. 6. Where maintaining the elevation of the pedestrian flatwork is critical, the flatwork should be doweled to the perimeter of adjacent improvements, at a minimum, by No. 3 dowels lapped to the flatwork rebar. In other areas, the flatwork may be doweled to the foundation or the flatwork may be allowed to “float free,” at the discretion of the architect/engineer. Flatwork that is intended to float free should be separated from foundations or other improvements by a felt joint or other means. Retaining Walls 1. Retaining wall foundation excavations should be cut neatly and bear a minimum of 24 inches below grade and a minimum of 12 inches into undisturbed bedrock. 2. Retaining wall footings should be reinforced in accordance with the requirements of the architect/engineer; however, minimum reinforcement should consist of two No. 4 rebars, on the top and one at the bottom. Page 498 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 10 2301-035.SER 3. Retaining wall design may be based on the following parameters: Table 2: Retaining Wall Design Parameters Parameter Backfill Type Value Active Equivalent Fluid Pressure Crushed Bedrock 40 pcf Imported Sand/Gravel 35 pcf At-rest Equivalent Fluid Pressure Crushed Bedrock 55 pcf Imported Sand/Gravel 50 pcf Passive Equivalent Fluid Pressure On Site Soils and Bedrock 325 pcf Maximum Toe Pressure Bedrock 3,000 psf Coefficient of Sliding Friction Bedrock 0.50 4. No surcharges are taken into consideration in the values presented in the previous paragraph. The maximum toe pressure is an allowable value; no factors of safety, load factors or other factors have been applied to the remaining values. With the exception of the maximum toe pressure, these values will require application of appropriate factors of safety, load factors, and/or other factors as deemed appropriate by the architect/engineer. 5. The upper foot of backfill behind all retaining walls should consist of native soil, except in areas where surface improvements will abut the top of the wall. In such cases, the gravel should extend to the aggregate base or other material below the improved surface, as appropriate. If gravel backfill is utilized, the gravel should be encased in a permeable synthetic filter fabric conforming to standard specification section 96-1.02B – Class C (Caltrans 2018a). 6. The active and at-rest pressures presented in the table above are applicable to a horizontal retained surface behind the wall. Walls having a retained surface that slopes upward from the wall should be designed for an additional equivalent fluid pressure of 1 pcf for the active case and 1.5 pcf for the at-rest case, for every two degrees of slope inclination. 7. It is assumed that retaining wall heights will not exceed 6 feet; therefore, per Section 1803.5.12.1 of the 2019 CBC, dynamic seismic lateral earth pressures are not required. If retaining walls are planned that will retain more than 6 feet of backfill, the geotechnical engineer should be notified to provide dynamic seismic lateral earth pressure increments, as needed. Page 499 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 11 2301-035.SER 8. Long-term settlement of properly compacted imported sand/gravel for retaining wall backfill should be assumed to be about 0.25 and 0.5 percent of the depth of the backfill, respectively. Improvements that are constructed near the tops of retaining walls should be designed to accommodate long-term settlement. 9. All retaining walls should be drained with perforated pipe encased in a free-draining gravel blanket. The pipe should be placed with perforations facing downward and should discharge in a nonerosive manner away from foundations and other improvements. The gravel blanket should have a width of approximately 1-foot and should extend upward to the imported nonexpansive material, sand, aggregate base, or other material below the improved surface, as appropriate. To reduce infiltration of the soil into the gravel, a permeable synthetic filter fabric conforming to Standard Specifications Section 96-1.02B – Class C (Caltrans 2018a), should be placed between the two. Manufactured synthetic drains, such as Miradrain or Enkadrain are acceptable alternatives to the use of gravel, provided that they are installed in accordance with the recommendations of the manufacturer. 10. Where weep hole drainage can be properly discharged, the perforated pipe may be omitted in lieu of weep holes on maximum 4-foot centers. A filter fabric as described above should be placed between the weep holes and the drain gravel. 11. Walls facing areas where moisture transmission through the wall would be undesirable should be thoroughly waterproofed in accordance with the specifications of the architect/engineer. 12. The architect/engineer should bear in mind that retaining walls by their nature are flexible structures, and that surface treatments on walls often crack. Where walls are to be plastered or otherwise have a finish applied, the flexibility should be considered in determining the suitability of the surfacing material, spacing of horizontal and vertical control joints, etc. The flexibility should also be considered where a retaining wall will abut or be connected to a rigid structure, and where the geometry of the wall is such that its flexibility will vary along its length. Page 500 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 12 2301-035.SER HMA Pavement Sections 1. The following preliminary HMA pavement sections are based upon the tested R-values, or resistance to deformation under repeated loading, of 63 for silty sand and 29 for crushed siltstone. As both materials are anticipated at subgrade elevation, we have provided recommendations. The aggregate base and HMA thicknesses were calculated using the method presented in the Highway Design Manual (Caltrans 2018b Section 26) and are for compacted material. Table 1 - HMA Pavement Sections for Crushed Siltstone (R = 29) Traffic Index HMA (in) Class 2 AB (in) 4.0 2.25 5.0 4.5 2.50 5.5 5.0 2.75 6.0 5.5 3.00 7.0 6.0 3.25 8.0 6.5 3.75 8.5 7.0 4.00 9.5 7.5 4.25 10.5 8.0 4.50 11.5 8.5 5.00 12.0 2. The upper 12 inches of subgrade and all aggregate base in HMA areas should be compacted to a minimum of 95 percent of maximum dry density. Subgrade and aggregate base should be firm and unyielding when proof-rolled with heavy, rubber-tired grading equipment prior to continuing construction. 3. To reduce migration of surface drainage into the subgrade, maintenance of pavement areas is critical. Any cracks that develop in the pavement should be promptly sealed. 4. The local jurisdiction may have additional requirements for pavement that could take precedence over the above recommendations. Drainage and Maintenance 1. Unpaved ground surfaces should be graded during construction and, per Section 1804.3 of the CBC, finish graded to direct surface runoff away from foundations, slopes, and Page 501 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 13 2301-035.SER other improvements at a minimum 5 percent grade for a minimum distance of 10 feet. If this is not feasible due to the terrain, property lines, or other factors, swales with improved surfaces, area drains, or other drainage features should be provided to divert drainage away from these areas. 2. Finished pavement surfaces should be sloped to freely drain toward appropriate drainage facilities. Water should not be allowed to stand or pond on or adjacent to pavement or other improvements as it could infiltrate into the aggregate base and/or subgrade, causing premature pavement deterioration. 3. Maintenance of drainage and other improvements is critical to the long-term stability of slopes and the integrity of the roadway improvements. Site improvements, particularly drainage improvements, should be inspected and maintained on a regular basis. All exterior drains should be maintained to be free-flowing. Observation and Testing 1. It must be recognized that the recommendations contained in this report are based on a limited number of borings and rely on continuity of the subsurface conditions encountered. Therefore, the geotechnical engineer should be retained to provide consultation during the design phase, to review plans as they near completion, to interpret this report during construction, and to provide construction monitoring in the form of testing and observation. 2. At a minimum, the geotechnical engineer should be retained to provide: x Review of the project plans as they near completion x Professional observation during grading and backfill x Oversight of soil special inspection 3. Special inspection of grading and backfill should be provided as per Section 1705.6 and Table 1705.6 of the 2019 CBC. The special inspector should be under the direction of the geotechnical engineer. It is our opinion that none of the grading construction is of a nature that should warrant continuous special inspection; periodic special inspection should suffice. Subject to approval by the Building Official, the exception to continuous special Page 502 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 14 2301-035.SER inspection is described in Section 1704.2 of the 2019 CBC and should be specified by the architect/engineer and periodic special inspection of the following items should be provided by the special inspector. x Stripping and clearing of vegetation and unsuitable materials x Overexcavation to the recommended depths, as needed x Scarification, moisture conditioning, and compaction of soil x On site and imported fill quality, placement and compaction x Foundation excavations, including compaction if needed 4. A program of quality assurance should be developed prior to beginning construction. At a minimum, the program should include all geotechnical items shown on the testing and inspection schedule of the approved plans. It should also include any additional inspection items required by the engineer and/or the governing jurisdiction. These items should be discussed at a preconstruction site meeting among a representative of the owner, the geotechnical engineer, special inspector, the project inspector, the engineer, and contractors. The geotechnical engineer should be notified at least 48 hours prior to beginning grading operations. 5. Locations and frequency of compaction tests should be per the recommendation of the geotechnical engineer at the time of construction. The recommended test location and frequency may be subject to modification by the geotechnical engineer, based upon soil and moisture conditions encountered, size and type of equipment used by the contractor, the general trend of the results of compaction tests, or other factors. 6. A preconstruction conference among the owner, the geotechnical engineer, the governing agency, the special inspector, the project inspector, the architect/engineer, and contractors is recommended to discuss planned construction procedures and quality control requirements. 7. The geotechnical engineer should be notified at least 48 hours prior to beginning construction operations. If Earth Systems Pacific is not retained to provide construction observation and testing services, it shall not be responsible for the interpretation of the information by others or any consequences arising therefrom. Page 503 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 15 2301-035.SER 8.0 CLOSURE Our intent was to perform the investigation in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in the locality of this project under similar conditions. No representation, warranty, or guarantee is either expressed or implied. This report is intended for the exclusive use by the client as discussed in the “Scope of Services” Section. Application beyond the stated intent is strictly at the user's risk. This report is valid for conditions as they exist at this time for the type of project described herein. The conclusions and recommendations contained in this report could be rendered invalid, either in whole or in part, due to changes in building codes, regulations, standards of geotechnical or construction practice, changes in physical conditions, or the broadening of knowledge. If changes with respect to the project become necessary, if items not addressed in this report are incorporated into plans, or if any of the assumptions used in the preparation of this report are not correct, this firm shall be notified for modifications to this report. Any items not specifically addressed in this report should comply with the CBC of other applicable standards, and the requirements of the governing jurisdiction. The recommendations presented in this geotechnical report are based upon the geotechnical conditions encountered at the site and may be augmented by additional requirements of the client, or by additional recommendations provided by the geotechnical engineer based on peer or jurisdiction reviews, or conditions exposed at the time of construction. If Earth Systems Pacific is not retained to provide construction observation and testing services, it shall not be responsible for the interpretation of the information by others or any consequences arising therefrom. This document, the data, conclusions, and recommendations contained herein are the property of Earth Systems Pacific. This report shall be used in its entirety, with no individual sections reproduced or used out of context. Copies may be made only by Earth Systems Pacific, the client, and the client’s authorized agents for use exclusively on the subject project. Any other use is subject to federal copyright laws and the written approval of Earth Systems Pacific. Thank you for this opportunity to have been of service. If you have any questions, please feel free to contact this office at your convenience. End of Text. Page 504 of 561 City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California 305799-001 16 2301-035.SER TECHNICAL REFERENCES ACI (American Concrete Institute). 2019. “Building Code Requirements for Structural Concrete.” Document 318. ACI (American Concrete Institute). 2015. "Guide for Concrete Floor and Slab Construction." Document 302.1R.15. ASCE (American Society of Civil Engineers). 2017. Minimum Design Loads for Buildings and other Structures, ASCE/SEI 7-16, ASCE. California Building Code. 2019. California Code of Regulations, Title 24, Part 2. Caltrans (California Department of Transportation). 2018a. Standard Specifications. Caltrans (California Department of Transportation). 2018b. Highway Design Manual. Google Earth. 2021. Google Earth [website], retrieved from: http://www.google.com/earth/index.html SEAOC (Structural Engineers Association of California). 2022. Seismic Design Map Tool. Retrieved from: https://seismicmaps.org/ Page 505 of 561 APPENDIX A Figure 1 - Site Vicinity Map Figure 2 - Exploration Location Map Boring Log Legend Boring Log Page 506 of 561 Earth Systems Pacific4378 Old Santa Fe Road, San Luis Obispo, CA 93401www.earthsystems.com(805) 544-3276 Fax (805) 544-1786NOT TO SCALEBASE MAP PROVIDED BY: Google Earth (2021)DateJanuary 2023Project No.305799-001Figure 1SITE VICINITY MAPCity of Arroyo Grande - 191-195 Retaining Wall 191/195 Tally Ho RoadArroyo Grande, CaliforniaSITEPage 507 of 561 NOT TO SCALEEarth Systems Pacific4378 Old Santa Fe Road, San Luis Obispo, CA 93401www.earthsystems.com(805) 544-3276 Fax (805) 544-1786DateJanuary 2023Project No.305799-001Figure 2EXPLORATION LOCATION MAPCity of Arroyo Grande - 191-195 Retaining Wall 191/195 Tally Ho RoadArroyo Grande, CaliforniaBASE MAP PROVIDED BY: Google Earth (2021)LEGENDBoring Location (Approx.)Boring Location (Approx.)B2B1B2Page 508 of 561 Page 509 of 561 DEPTH(feet)USCS CLASSSYMBOLINTERVAL(feet)SAMPLETYPEDRY DENSITY(pcf)MOISTURE(%)BLOWSPER 6 IN.SAMPLE DATA SOIL DESCRIPTION Earth Systems Pacific LEGEND: Ring Sample Grab Sample Shelby Tube Sample SPT NOTE: This log of subsurface conditions is a simplification of actual conditions encountered. It applies at the location and time of drilling. Subsurface conditions may differ at other locations and times. AUGER TYPE: 6" Hollow Stem DRILL RIG: Mobile B-53 with Automatic Hammer LOGGED BY: S. Venable SANDY LEAN CLAY: dark brown, stiff, moist (Fill) 2.0 - 5.0 61.9 53.2 SM SILTY SAND: dark brown, loose, moist (Alluvium) End of Boring @ 11.5' No subsurface water encountered PAGE 1 OF 1 Boring No. 1 JOB NO.: 305799-001 DATE: 12/22/2022 5.0 - 6.5 14 20 City of Arroyo Grande - 191-195 Retaining Wall 191/195 Tally Ho Road Arroyo Grande, California SILTY SANDSTONE: very dark brown, soft, slightly weathered, moist 4.5" AC/5" AB CL 6 10.0 - 11.5 42 50/4" 18 very dark brown, very moist SILTSTONE: white, soft, slightly weathered, thinly bedded, very moist (Pismo Formation) Page 510 of 561 DEPTH(feet)USCS CLASSSYMBOLINTERVAL(feet)SAMPLETYPEDRY DENSITY(pcf)MOISTURE(%)BLOWSPER 6 IN.SAMPLE DATA SOIL DESCRIPTION Earth Systems Pacific LEGEND: Ring Sample Grab Sample Shelby Tube Sample SPT NOTE: This log of subsurface conditions is a simplification of actual conditions encountered. It applies at the location and time of drilling. Subsurface conditions may differ at other locations and times. AUGER TYPE: 6" Hollow Stem DRILL RIG: Mobile B-53 with Automatic Hammer LOGGED BY: S. Venable 1.0 - 4.5 SILTSTONE: white, soft, slightly weathered, thinly bedded, moist (Pismo Formation) End of Boring @ 11.5' No subsurface water encountered PAGE 1 OF 1 Boring No. 2 JOB NO.: 305799-001 DATE: 12/22/2022 5.0 - 6.5 22 27 City of Arroyo Grande - 191-195 Retaining Wall 191/195 Tally Ho Road Arroyo Grande, California SANDY LEAN CLAY: dark brown, soft, moist (Top Soil) 12 10.0 - 11.5 30 50 11 SILTY SANDSTONE: dark yellowish brown, soft, moderately weathered, moist very dark brown, slightly weathered Page 511 of 561 APPENDIX B Laboratory Test Results Page 512 of 561 City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 BULK DENSITY TEST RESULTS ASTM D 2937-17 (modified for ring liners) January 6, 2023 BORING DEPTH MOISTURE WET DRY NO. feet CONTENT, % DENSITY, pcf DENSITY, pcf 1 6.0 - 6.5 53.2 94.8 61.9 EXPANSION INDEX TEST RESULTS ASTM D 4829-19 BORING DEPTH EXPANSION NO. feet INDEX 12.0 - 5.0 0 2 1.0 - 4.5 67 Page 513 of 561 City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 PARTICLE SIZE ANALYSIS ASTM D 422-63/07 Boring #1 @ 2.0 - 5.0'January 6, 2023 Silty Sand (SM)Specific Gravity = 2.65 (assumed) Gravel = 0%; Sand = 62%; Silt = 23%; Clay = 15% Sieve size % Retained % Passing #4 (4.75-mm)0 100 #8 (2.36-mm)0 100 #16 (1.18-mm)2 98 #30 (600-μm)6 94 #50 (300-μm)14 86 #100 (150-μm)37 63 #200 (75-μm)62 38 Hydrometer Analysis 45-μm 27 32-μm 25 21-μm 20 12-μm 19 9-μm 16 5.1-μm 15 3.2-μm 14 Colloids 9 4 8 16 30 50 100 200 0 10 20 30 40 50 60 70 80 90 100 0.0010.010.1110100PERCENT PASSINGGRAIN SIZE, mm U. S. STANDARD SIEVE NUMBERSU. S. STANDARD SIEVE OPENING, in.HYDROMETER ANALYSIS Page 514 of 561 City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 PARTICLE SIZE ANALYSIS ASTM D 422-63/07 Boring #2 @ 1.0 - 4.5'January 6, 2023 Crushed Siltstone Specific Gravity = 2.70 (assumed) Gravel = 0%; Sand = 24%; Silt = 38%; Clay = 38% Sieve size % Retained % Passing #4 (4.75-mm)0 100 #8 (2.36-mm)0 100 #16 (1.18-mm)3 97 #30 (600-μm)6 94 #50 (300-μm)9 91 #100 (150-μm)13 87 #200 (75-μm)24 76 Hydrometer Analysis 42-μm 67 31-μm 62 20-μm 56 12-μm 47 8-μm 41 4.9-μm 38 3.1-μm 32 Colloids 27 4 8 16 30 50 100 200 0 10 20 30 40 50 60 70 80 90 100 0.0010.010.1110100PERCENT PASSINGGRAIN SIZE, mm U. S. STANDARD SIEVE NUMBERSU. S. STANDARD SIEVE OPENING, in.HYDROMETER ANALYSIS Page 515 of 561 City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 MOISTURE-DENSITY COMPACTION TEST ASTM D 1557-12 (Modified) PROCEDURE USED: A January 6, 2023 PREPARATION METHOD: Moist Boring #1 @ 2.0 - 5.0' RAMMER TYPE: Mechanical Dark Brown Silty Sand (SM) SPECIFIC GRAVITY: 2.65 (assumed) SIEVE DATA:MAXIMUM DRY DENSITY: 124.3 pcf Sieve Size % Retained (Cumulative)OPTIMUM MOISTURE: 9.1% 3/4" 0 3/8"0 ENTER OVERSIZE CORRECTION DATA #4 0 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25DRY DENSITY, pcfMOISTURE CONTENT, percent Compaction Curve Zero Air Voids Curve Page 516 of 561 City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 DIRECT SHEAR ASTM D 3080/D3080M-11 (modified for consolidated, undrained conditions) January 6, 2023 Boring #1 @ 6.0 - 6.5' INITIAL DRY DENSITY: 61.4 pcf Crushed Siltstone INITIAL MOISTURE CONTENT: 53.2 % Ring sample, saturated PEAK SHEAR ANGLE (Ø): 56° COHESION (C): 659 psf 0 500 1,000 1,500 2,000 2,500 3,000 3,500 0 500 1,000 1,500 2,000 2,500SHEAR STRESS, psfNORMAL STRESS, psf SHEAR vs. NORMAL STRESS Page 517 of 561 City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 DIRECT SHEAR continued ASTM D 3080/D3080M-11 (modified for consolidated, undrained conditions) Boring #1 @ 6.0 - 6.5'January 6, 2023 Crushed Siltstone Ring sample, saturated SPECIFIC GRAVITY: 2.70 (assumed) SAMPLE NO.: 1 2 3 AVERAGE INITIAL WATER CONTENT, % 53.2 53.2 53.2 53.2 DRY DENSITY, pcf 61.4 60.5 62.3 61.4 SATURATION, % 82.3 80.4 84.3 82.3 VOID RATIO 1.745 1.787 1.704 1.745 DIAMETER, inches 2.410 2.410 2.410 HEIGHT, inches 1.00 1.00 1.00 AT TEST WATER CONTENT, % 63.4 64.3 64.5 DRY DENSITY, pcf 62.6 62.1 65.4 SATURATION, % 100.0 100.0 100.0 VOID RATIO 1.693 1.712 1.577 HEIGHT, inches 0.98 0.97 0.95 0 500 1,000 1,500 2,000 2,500 3,000 3,500 0.00 0.05 0.10 0.15 0.20 0.25SHEAR STRESS, psfHORIZONTAL DEFORMATION, inches 486 psf 971 psf 1,942 psf Page 518 of 561 City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 MOISTURE-DENSITY COMPACTION TEST ASTM D 1557-12 (Modified) PROCEDURE USED: A January 6, 2023 PREPARATION METHOD: Moist Boring #2 @ 1.0 - 4.5' RAMMER TYPE: Mechanical Crushed Silstone SPECIFIC GRAVITY: 2.70 (assumed) SIEVE DATA:MAXIMUM DRY DENSITY: 89.8 pcf Sieve Size % Retained (Cumulative)OPTIMUM MOISTURE: 23.8% 3/4" 0 3/8"0 ENTER OVERSIZE CORRECTION DATA #4 0 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35DRY DENSITY, pcfMOISTURE CONTENT, percent Compaction Curve Zero Air Voids Curve Page 519 of 561 City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 DIRECT SHEAR ASTM D 3080/D3080M-11 (modified for consolidated, undrained conditions) January 6, 2023 INITIAL DRY DENSITY: 80.8 pcf INITIAL MOISTURE CONTENT: 23.8 % Boring #2 @ 1.0 - 4.5' Crushed ^ŝůƚƐƚŽŶĞ Compacted to 90% RC, saturated PEAK SHEAR ANGLE (Ø): 32° COHESION (C): 433 psf 0 500 1,000 1,500 2,000 2,500 3,000 0 500 1,000 1,500 2,000 2,500SHEAR STRESS, psfNORMAL STRESS, psf SHEAR vs. NORMAL STRESS Page 520 of 561 City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 DIRECT SHEAR continued ASTM D 3080/D3080M-11 (modified for consolidated, undrained conditions) Boring #2 @ 1.0 - 4.5'January 6, 2023 Crushed Shale Compacted to 90% RC, saturated SPECIFIC GRAVITY: 2.70 (assumed) SAMPLE NO.: 1 2 3 AVERAGE INITIAL WATER CONTENT, % 23.8 23.8 23.8 23.8 DRY DENSITY, pcf 80.8 80.8 80.8 80.8 SATURATION, % 59.2 59.2 59.2 59.2 VOID RATIO 1.085 1.085 1.085 1.085 DIAMETER, inches 2.410 2.410 2.410 HEIGHT, inches 1.00 1.00 1.00 AT TEST WATER CONTENT, % 48.4 47.4 44.6 DRY DENSITY, pcf 81.6 83.8 85.6 SATURATION, % 100.0 100.0 100.0 VOID RATIO 1.065 1.010 0.969 HEIGHT, inches 0.99 0.96 0.94 0 500 1,000 1,500 2,000 0.00 0.05 0.10 0.15 0.20 0.25SHEAR STRESS, psfHORIZONTAL DEFORMATION, inches 486 psf 971 psf 1,942 psf Page 521 of 561 City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 RESISTANCE 'R ' VALUE AND EXPANSION PRESSURE ASTM D 2844/D2844M-18 January 6, 2023 Boring #1 @ 2.0 - 5.0' Dry Density @ 300 psi Exudation Pressure: 128.0-pcf Dark Brown Silty Sand (SM)%Moisture @ 300 psi Exudation Pressure: 11.4% R-Value - Exudation Pressure: 63 R-Value - Expansion Pressure: N/A R-Value @ Equilibrium: 63 0 10 20 30 40 50 60 70 80 90 0100200300400500600700800R-VALUEEXUDATION PRESSURE, psi EXUDATION PRESSURE CHART 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0COVER THICKNESS BY EXUDATION PRESSURE, ftCOVER THICKNESS BY EXPANSION PRESSURE, ft EXPANSION PRESSURE CHART Page 522 of 561 City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 RESISTANCE 'R ' VALUE AND EXPANSION PRESSURE ASTM D 2844/D2844M-18 January 6, 2023 Boring #2 @ 1.0 - 4.5' Dry Density @ 300 psi Exudation Pressure: 90.7-pcf Crushed Siltstone %Moisture @ 300 psi Exudation Pressure: 34.8% Specified Traffic Index: 5.0 R-Value - Exudation Pressure: 29 R-Value - Expansion Pressure: 53 R-Value @ Equilibrium: 29 0 10 20 30 40 50 60 70 80 90 0100200300400500600700800R-VALUEEXUDATION PRESSURE, psi EXUDATION PRESSURE CHART 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0COVER THICKNESS BY EXUDATION PRESSURE, ftCOVER THICKNESS BY EXPANSION PRESSURE, ft EXPANSION PRESSURE CHART Page 523 of 561 ATTACHMENT 5 – BID ADDENDA Page 524 of 561 ϭϵϭdĂůůǇ,Ž&ƌŽŶƚĂŐĞ/ŵƉƌŽǀĞŵĞŶƚƐ͕WtϮϬϮϯͲϬϵ ĚĚĞŶĚƵŵEŽ͘ϭ ϭŽĨϯ ADDENDUM NO. 1 Date: August 22, 2023 To: All Plan Holders From: Paul Henderson Capital Improvement Project Manager (Interim) Subject:191 Tally Ho Frontage Improvements, PW 2023-09 Receipt of this Addendum must be acknowledged by writing “Addendum No. 1” on the outside of the bid envelope. dŚŝƐĂĚĚĞŶĚƵŵĨŽƌŵƐĂƉĂƌƚŽĨƚŚĞŽŶƚƌĂĐƚŽĐƵŵĞŶƚƐĂŶĚŵŽĚŝĨŝĞƐƚŚĞŽƌŝŐŝŶĂůƉůĂŶƐĂŶĚͬŽƌ^ƉĞĐŝĂůWƌŽǀŝƐŝŽŶƐ ĚĂƚĞĚƵŐƵƐƚϴ͕ϮϬϮϯ͕ĂƐŶŽƚĞĚŚĞƌĞŝŶ͘dŚŝƐĂĚĚĞŶĚƵŵĐŽŶƚĂŝŶƐƚŚĞĨŽůůŽǁŝŶŐŝŶĨŽƌŵĂƚŝŽŶ͗ ĚĚ͘/ƚĞŵůĂƌŝĨŝĐĂƚŝŽŶƐͬYƵĞƐƚŝŽŶƐͬŶƐǁĞƌƐ ϭ͘ϬϭůĂƌŝĨŝĐĂƚŝŽŶϬϭ͗WƌĞͲŝĚ:ŽďtĂůŬ Ă͘ dŚĞƌĞŝƐŶŽƉƌĞͲďŝĚũŽďǁĂůŬƉƌŽƉŽƐĞĚĨŽƌƚŚŝƐƉƌŽũĞĐƚ͘ ď͘ WƌŽƐƉĞĐƚŝǀĞďŝĚĚĞƌƐĂƌĞĞŶĐŽƵƌĂŐĞĚƚŽǀŝĞǁƚŚĞƐŝƚĞ͕ďĞŝŶŐŵŝŶĚĨƵůƚŚĂƚƉĂƌƚŽĨƚŚĞ ƉƌŽũĞĐƚŝƐĐƵƌƌĞŶƚůǇŽŶƉƌŝǀĂƚĞƉƌŽƉĞƌƚǇ͕ǁŚŝĐŚƐŚŽƵůĚŶŽƚďĞĂĐĐĞƐƐĞĚďǇƉƌŽƐƉĞĐƚŝǀĞ ďŝĚĚĞƌƐ͘&ƵůůĂĐĐĞƐƐǁŝůůďĞĂǀĂŝůĂďůĞĚƵƌŝŶŐĐŽŶƐƚƌƵĐƚŝŽŶ͘ ϭ͘ϬϮůĂƌŝĨŝĐĂƚŝŽŶϬϮ͗WƌŽũĞĐƚ^ĐŚĞĚƵůĞ Ă͘ dŚĞŝƚǇĂŶƚŝĐŝƉĂƚĞƐŽŶƚƌĂĐƚǁĂƌĚƚŽďĞĂƚƚŚĞϬϵͬϭϮͬϮϬϮϯŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐ͘ ď͘ dŚĞĨŝƌƐƚǁŽƌŬŝŶŐĚĂǇĨŽƌƚŚĞƉƌŽũĞĐƚŝƐĂŶƚŝĐŝƉĂƚĞĚƚŽďĞϭϬͬϬϮͬϮϬϮϯ͘ Đ͘ dŚĞŽŶƚƌĂĐƚĚƵƌĂƚŝŽŶĨŽƌĐŽŶƐƚƌƵĐƚŝŽŶŝƐϯϬǁŽƌŬŝŶŐĚĂǇƐ;ϲǁĞĞŬƐͿ͘ ϭ͘ϬϯůĂƌŝĨŝĐĂƚŝŽŶϬϯ͗>ŝĐĞŶƐĞZĞƋƵŝƌĞŵĞŶƚƐ Ă͘ ƐƐƚĂƚĞĚŝŶƚŚĞEŽƚŝĐĞƚŽŝĚĚĞƌƐ͗/ŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƉƌŽǀŝƐŝŽŶƐŽĨĂůŝĨŽƌŶŝĂWƵďůŝĐ ŽŶƚƌĂĐƚŽĚĞ^ĞĐƚŝŽŶϯϯϬϬ͕ƚŚĞŝƚǇŚĂƐĚĞƚĞƌŵŝŶĞĚƚŚĂƚƚŚĞĐŽŶƚƌĂĐƚŽƌƐŚĂůůƉŽƐƐĞƐƐĂ ǀĂůŝĚůĂƐƐŽƌϴĂƚƚŚĞƚŝŵĞŽĨďŝĚŝƐƐƵĂŶĐĞ͘ ϭ͘ϬϰůĂƌŝĨŝĐĂƚŝŽŶϬϰ͗WůĂŶ,ŽůĚĞƌ>ŝƐƚ Ă͘ dŚĞĐƵƌƌĞŶƚƉůĂŶŚŽůĚĞƌůŝƐƚŝƐĂƚƚĂĐŚĞĚƚŽƚŚŝƐĚĚĞŶĚƵŵŝŶƚƚĂĐŚŵĞŶƚϭ͘ ϭ͘ϬϱůĂƌŝĨŝĐĂƚŝŽŶϬϱ͗^ƚƌƵĐƚƵƌĂůWůĂŶƐ Ă͘ dŚĞƐƚƌƵĐƚƵƌĂůƉůĂŶƐĨŽƌƚŚĞƉƌŽũĞĐƚĂƌĞĂƚƚĂĐŚĞĚƚŽƚŚŝƐĚĚĞŶĚƵŵŝŶƚƚĂĐŚŵĞŶƚϮ͘ WůĞĂƐĞĐŽŶƚĂĐƚWĂƵů,ĞŶĚĞƌƐŽŶĂƚ;ϴϬϱͿϰϲϴͲϵϵϮϳ͕ƉŚĞŶĚĞƌƐŽŶΛĂƌƌŽǇŽŐƌĂŶĚĞ͘ŽƌŐ͕ŝĨǇŽƵŚĂǀĞĂŶǇƋƵĞƐƚŝŽŶƐ͘ Page 525 of 561 ϭϵϭdĂůůǇ,Ž&ƌŽŶƚĂŐĞ/ŵƉƌŽǀĞŵĞŶƚƐ͕WtϮϬϮϯͲϬϵ ĚĚĞŶĚƵŵEŽ͘ϭ ϮŽĨϯ Attachment 1 –Plan Holder List Page 526 of 561 WtϮϬϮϯͲϬϵŽŶƚĂĐƚ͗WĂƵů,ĞŶĚĞƌƐŽŶŝĚƵĞĂƚĞ͗ϴͬϯϭͬϮϬϮϯWŚŽŶĞ͗;ϴϬϱͿϰϲϴͲϵϵϮϳĚĚĞŶĚĂ͗ϭ;ϬϴͬϮϮͬϮϬϮϯͿŵĂŝů͗ƉŚĞŶĚĞƌƐŽŶΛĂƌƌŽǇŽŐƌĂŶĚĞ͘ŽƌŐŽƐƚŽĨWůĂŶƐ͗ΨϬ͘ϬϬdƵĞƐĚĂǇ͕ƵŐƵƐƚϮϮ͕ϮϬϮϯKƌŐĂŶŝǌĂƚŝŽŶͬŝǀŝƐŝŽŶ ĚĚƌĞƐƐWŚŽŶĞ&ĂǆŵĂŝůǇŶĂŵŝĐhŶĚĞƌŐƌŽƵŶĚ^ĞƌǀŝĐĞƐϭϬϱϮϰDĐŬŝŶůĞǇǀĞ;ϱϱϵͿϮϴϳϳϬϱϬĚǇŶĂŵŝĐƵŶĚĞƌŐƌŽƵŶĚƐĞƌǀŝĐĞƐΛŐŵĂŝů͘ĐŽŵŽŶƚĂĐƚ͗dǇůĞƌ^ŝůǀĞŝƌĂ^ĂŶŐĞƌ͕͕ϵϯϲϱϳĂƉĂĐŝƚǇ͗hŶŬŶŽǁŶŽƌŶĞƌ<ĞǇƐƚŽŶĞŽŶƐƚƌƵĐƚŝŽŶŽƌƉϰϰϬEĂƌƌĂŶĐĂǀĞηϱϮϭϬϭͲϴϰϰͲϮϱϮͲϮϲϳϳŽĨĨŝĐĞΛĐŽƌŶĞƌŬĞǇƐƚŽŶĞ͘ĐŽŵŽŶƚĂĐƚ͗ĂǁŶŽǀŝŶĂ͕ϵϭϳϮϯĂƉĂĐŝƚǇ͗hŶŬŶŽǁŶŽŶƐƚƌƵĐƚŽŶŶĞĐƚtĞďƐŝƚĞŽŶůǇϯϮϯ͘ϲϬϮ͘ϱϬϳϵƌǇĞ͘ũƵŵƵĂĚΛŽŶƐƚƌƵĐƚŽŶŶĞĐƚ͘ĐŽŵŽŶƚĂĐƚ͗ZǇĞ:ƵŵƵĂĚŽŶƐƚƌƵĐƚŽŶŶĞĐƚ͘ĐŽŵĞǆƚ͘ϳϱϯϭϯĂƉĂĐŝƚǇ͗hŶŬŶŽǁŶƌŽƵŐŚŽŶƐƚƌƵĐƚŝŽŶ͕/ŶĐ͘ϲϯϰWZ/EdZ;ϴϬϱͿϰϴϵͲϳϳϳϵĞƐƚŝŵĂƚŽƌƐΛďƌŽƵŐŚĐŽŶƐƚƌƵĐƚŝŽŶ͘ĐŽŵŽŶƚĂĐƚ͗DĂƌĐŝĂdĞƌĞƐŝZZKzK'ZEĂƉĂĐŝƚǇ͗EŽƚ^ƉĞĐŝĨŝĞĚ͕ϯϵϯϰϮϬ::&ŝƐŚĞƌŽŶƐƚƌƵĐƚŝŽŶ͕/ŶĐ͘WKŽǆϮϮϭϵ;ϴϬϱͿϳϮϯͲϱϮϮϬũũΛũũĨŝƐŚĞƌĐŽŶƐƚƌƵĐƚŝŽŶ͘ĐŽŵŽŶƚĂĐƚ͗::&ŝƐŚĞƌEŝƉŽŵŽĂƉĂĐŝƚǇ͗EŽƚ^ƉĞĐŝĨŝĞĚ͕ϵϯϰϰϰ^ĞĂŵĂŝƌ'ĞŶĞƌĂůŶŐŝŶĞĞƌŝŶŐϮϬϱ^ƵďƵƌďĂŶZĚ͕^ƵŝƚĞϮ;ϴϬϱͿϰϯϵͲϰϯϲϮďŵĂƚƵŬΛƐĞĂŵĂŝƌŝŶĐ͘ĐŽŵŽŶƚĂĐƚ͗ŝůůDĂƚƵŬ ^ĂŶ>ƵŝƐKďŝƐƉŽ͕ϵϯϰϬϭĂƉĂĐŝƚǇ͗EŽƚ^ƉĞĐŝĨŝĞĚϭϵϭdĂůůǇ,Ž&ƌŽŶƚĂŐĞ/ŵƉƌŽǀĞŵĞŶƚƐϭŽĨϭPage 527 of 561 ϭϵϭdĂůůǇ,Ž&ƌŽŶƚĂŐĞ/ŵƉƌŽǀĞŵĞŶƚƐ͕WtϮϬϮϯͲϬϵ ĚĚĞŶĚƵŵEŽ͘ϭ ϯŽĨϯ Attachment 2 –Structural Plans Page 528 of 561 Page 529 of 561 Page 530 of 561 ATTACHMENT 6 – PLANS Page 531 of 561 JAMES WAYTALLY HO RDCORBETT CONAYON RDWILDWOOD DRPASE O ST PASEO STMAY STLE POINT STMCKIN L E Y S T VIA LA BAR R A N C A CANY O N WA Y VICINITY MAP2PW 2023-091TITLE SHEETPage 532 of 561 IMPROVEMENT PLANROW FRONATAGE IMPROVEMENTS AND RETAINING WALLDETAILED CROSS SECTION STA. 11 + 15.46ROAD SECTION, CURB, GUTTER AND RETAINING WALLCONSTRUCTION NOTES2PW 2023-09DETAIL BCORNER WALLDETAIL ACORNER WALLDETAIL CLOW COMPOSITE WALL2Page 533 of 561 Page 534 of 561 Page 535 of 561 APPENDICES A32 ATTACHMENT 7 – PUBLIC CONTRACT CODE SECTION 9204 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1)“Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2)“Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A)“Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B)“Public entity” shall not include the following: Page 536 of 561 APPENDICES A33 (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4)“Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5)“Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified Page 537 of 561 APPENDICES A34 mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. Page 538 of 561 APPENDICES A35 (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe Page 539 of 561 APPENDICES A36 reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. Page 540 of 561 ATTACHMENT 2 Page 541 of 561 Recording Requested by and Upon Recordation, Please Return to: City of Arroyo Grande 300 E. Branch Street Arroyo Grande, CA 93420 ATTN: City Clerk GOVERNMENT AGENCY PORTION OF ASSESSOR'S PARCEL NO. 077-022-005 --This S ace for Recorder's Use Onl --EXEMPT FROM RECORDING FEES (GOVT. CODE§ 27283) EXEMPT FROM DOCUMENT ARY TRANSFER TAX (R&T CODE§ 11922) IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE (Right-of-Way) THIS IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE is made this_ day of __ , 2023, by Brian Marsland, individually and as trustee for the Brian Marsland Revocable Trust, dated March 9, 2020 and Karen Miale, individually and as trustee for the Karen Miale Revocable Trust, dated March 9, 2020, hereinafter termed Offerors. FOR GOOD AND VALUABLE CONSIDERATION, Offerors covenant and promise as follows: 1.That said Offerors are the sole owners of the real property commonly referred to as 191Tally Ho, Arroyo Grande, California, and as more particularly described in Exhibit "A"attached hereto and incorporated herein by this reference.2.That said Offerors do hereby irrevocably and in perpetuity offer to the City of ArroyoGrande ("City") an easement for a public right of way, in, over, upon, across and underthat portion of certain real property located in the City of Arroyo Grande, County of SanLuis Obispo, as more particularly described in Exhibit "B" and depicted in Exhibit "C",both of which are attached hereto and incorporated herein by this reference.3.That said Offerors have reviewed and agreed to the City's plans for improvements in thepublic right of way, dated on or about August 10, 2023, and that Offerors make thisdedication based on City's agreement to construct the retaining wall as set forth in saidplans. Subject to the foregoing, Offerors agree and acknowledge that this offer ofdedication provides the City with the right to install, maintain, repair, and replace any andall public right of way improvements City deems necessary, in its sole and absolutediscretion.ATTACHMENT 3Page 542 of 561 4. Said easement offered herein shall be non-exclusive and in gross. Provided, however, the easement rights offered to the City shall be paramount and superior to the rights of Offerors and all other persons and entities . 5. That said Offerors agree that said offer of dedication set forth herein shall be irrevocable and shall only be effective upon the City Council, or its authorized designee, accepting the dedication by appropriate action, which may occur at any time following execution of said offer of dedication. 6. That said Offerors agree that this irrevocable and perpetual offer to dedicate is and shall be binding on their heirs, legatees, successors and assigns. GRANTORS : ------~ ~:) Brian Marsland Individually as Trustee for The Brian Marsland Revocable Trust, dated o/ch 9, 2020 L~ MA dz_____ KarenMiae Individually and as trustee for The Karen Miale Revocable Trust, dated March 9, 2020 Refer to attached Notary Certificate Page 543 of 561 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ST ATE OF G Q, ~ \ "' )) ss: COUNTY OF (J)ra ~ ) On Nlb 11 n ' 202 -before me, '?Ai+ IQ 1 tit A-tQ e I A r.. -Nc/161--12 ~ fut u l..- 1 ( (insert name and title of the officer), ~ personally appeared k 0, ve 'V7 \JA4 ' '3,)f 4 GYt½ Y) W)~~i~roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~············~ , ,•':C ,7.'.. '•, ZAHID ISHAQ RIAR ;,;~·;.~";, Notary Public -California z ~~.~<-.' _=· OrangeCountv ~ -;. . ,. Commission# 2•21465 - c,;;,c••'' My Comm . Expires Oct 15 , 2026 [Seal] Page 544 of 561 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: THAT PORT ION OF LO T 26 OF THE RESUBDIVISION OF PART OF THE RA NC HOS CORRAL DE PIEDRA, PISMO AND BOLSA DE CHEMISAL SURVEYED R.P. HARRIS IN NOVEMBER 1885, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD NOVEMBER 24, 1886, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF THE PROPERTY CONVEYED TO WILBER D. HARKNESS, ET UX, BY DEED DATED MARCH 14, 1946 AND RECORDED APRIL 12, 1946 IN BOOK 399, PAGE 241 OF OFFICIAL RECORDS. SAID POINT ALSO BEING THE NORTHWESTERLY LINE OF A COUNTY ROAD 40 FEET IN WIDTH, AS SAID ROAD IS SHOWN ON MAP RECORDED AUGUST 23, 1940 IN BOOK 2, PAGE 64 OF RECORD OF SURVEYS. THENCE SOUTH 37°36' WEST ALONG THE NORTHWESTERLY LINE OF SAID COUNTY ROAD, 200 FEET TO THE TRUE POINT OF BEGINNING. THENCE NORTH 55°31' WEST, 158.00 FEET TO A POINT. THENCE NORTH 37°36' EAST, 60.00 FEET TO A POINT. THENCE SOUTH 55°31' EAST, 158.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF COUNTY ROAD, AS AFORESAID. THENCE SOUTH 37°36' WEST ALONG SAID NORTHWESTERLY LINE, 60.00 FEET TO THE TRUE POINT OF BEGINNING. APN 077-022-005 Page 545 of 561 EXHIBIT "B" PARCEL 1 31 PM 40 PARCEL A 25 PM 96 r---S3_7"_3_s_·w-so-.o-o-· -.---s-Jrl 60.°T 7 PARCEL 3 44 PM 22 191 TALLY HO RD 1530 OR 533 I 195 TALLY HO RD I PARCEL 2 1571 OR 68 1598 OR 406 b 8 q 31 PM 40 " CX) " '° II') a, a, II') .... ,...: ,...: .... -,:. ft) ft) .... .... -,= .... .... ft) ft) io io II') II') z z _E(IST R/W _-.--~o~~ED-~ __ io ;,, N37"36'E 60.00' ;,, OFFER PER 31 PM 40 o-0 q ..... • 0 ~ .e:, ~ S37"36'W 60.00' "" r EXIST R/W TPOB 0 20 40 80 -- LEGEND POB TPOB R/W POINT OF BEGINNING TRUE POINT OF BEGIN NING RIGHT OF WAY b r-q CX) II') ~1; .... . ,,, I .... .... ft) io II') z PARCEL .2 44 PM 22 EXIST R/W I I ;,, OFFER : l q PER 44 S37"36'W 60. _____ S37"36'W 80.(}<t ~ ___ PM 22 ____ _ EXIST R/W ~ ...._,,, POB S37"36'W 200.00' EXIST R/W _ ----r--.--- TALLY HO ROAD OFFER OF DEDICATION OF A PORTION OOFGRAN1530\ O~ot~Nor~ CllY OF ARROY ' NIA LUIS OBISPO, STATE OF CAUFOR c::, 17Ax GA RING TAYLOR & ASSOCIATES, INC. • RVEYORS , PLANNERS CIV IL ENGINEERS ' SU . """•Ill! UISOUlllEUISIREET • AR!lOYOGIWIDE.r.1131lO ,-, Page 546 of 561 EXHIBITC Legal Description That portion of Lot 26 of the Resubdivision of Part of The Ranchos Corral De Piedra, Pismo and Balsa De Chemisal surveyed by R.P. Harris in November 1885, in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the map filed for recording November 24, 1886, in the Office of the County Recorder of said County, bei ng a portion of the property conveyed to William F. Vickery and Dorothy M. Vickery by deed recorded September 10, 1969 in Book 1530 at Page 533 of Official Records on file in said County Recorder's Office more particularly described as follows: Beginning at the most easterly corner of the property conveyed to Wilber D. Harkness, ET UX, by deed da ted March 14, 1946 and recorded April 12, 1946 in Book 399 at Page 241 of Official Records, said point also being on the Northwesterly line of a County Road 40 feet in width, (now known as Tally Ho Road), as said road is shown on the map recorded August 23, 1940 in Book 2 at Page 64 of Records of Surveys; thence South 37°36' West along the Northwesterly line of said 40.00 foot County Road, 200 .00 feet to the True Point Of Beginning, said point being the True Point Of Beginning of said deed recorded in Book 1530 at Page 533; thence along the westerly line of said deed, North 55°31' West 20.03 feet to a point; thence leaving said westerly line along a line 20.00 feet northwesterly of and parallel with the Northwesterly line of said 40.00 foot County Road, North 37°36' East 60.00 feet to a point on the easterly line of said deed; thence along said easterly line South 55°31' West 20.03 feet to a point on the Northwesterly line of said 40.00 foot County Road; thence along said Northwesterly line South 37°36' West 60.00 feet to the True point of Beginning. As shown on Exhibit "B" attached hereto and made a part hereof. William L. Rebik, LS 7035 Expiration Date: 9-30-24 Date 7 /19/23 Page 547 of 561 ATTACHMENT 4 Page 548 of 561 Page 549 of 561 Page 550 of 561 Page 551 of 561 Page 552 of 561 Item 9.n. MEMORANDUM TO: City Council FROM: Bill Robeson, Interim City Manager BY: Brian Pedrotti, Community Development Director SUBJECT: Five Cities Fire Authority Fire Prevention Agreement and Delegation of Authority to the City of Arroyo Grande DATE: September 12, 2023 SUMMARY OF ACTION: Approval of a Five Cities Fire Authority (“FCFA”) Fire Prevention Agreement and delegation of authority from the FCFA to the City of Arroyo Grande to conduct certain fire inspection services within the City, listed in Exhibit A – Scope of Services. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Delegation of fire inspection service authority to the City of Arroyo Grande by FCFA will increase staff time necessary to provide those fire inspection services. The City has budgeted $15,000 for these additional fire inspection services. However, the City’s Building Division contracts with a consultant to conduct the contemplated services at designated hourly billing rates, and the amount owed to the consultant will be offset by the cost charged by the City for the fire prevention and inspection services that are provided. The City is in the process of amending its Master Fee Schedule, and will include these fees consistent with consultant expenditure costs for the listed fire prevention services. RECOMMENDATION: Approve 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 reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.). BACKGROUND: In 2004, the cities of Arroyo Grande and Grover Beach collaboratively entered into an agreement for fire prevention services. This agreement was expanded over the next several years to include equipment sharing, consolidation of the reserve firefighter Page 553 of 561 Item 9.n. City Council Five Cities Fire Authority Fire Prevention Agreement and Delegation of Authority to the City of Arroyo Grande September 12, 2023 Page 2 program, and dispatch of emergency services regardless of community boundaries or city limits. In 2009, the Oceano Community Services District (OCSD) joined the other communities, and the Five Cities Fire Authority (FCFA) was officially formed on July 9, 2010, as a Joint Powers Authority, to address the need for increased service levels to citizens and visitors within each respective jurisdiction, to ensure consistent and professional training standards, and increase operational efficiencies. Since FCFA was established, fire prevention plan review and inspection duties remained inconsistent between the member communities. Based partly upon the findings of a third- party organizational assessment (conducted by Baker Tilly, in February 2023), the Cities of Arroyo Grande and Grover Beach are being asked to agree to assume certain fire inspection services as identified in the attached Exhibit A, to improve consistency in fire plan review and as a transitional strategy towards the eventual creation of a FCFA Fire Prevention Bureau that would take over fire prevention services in the future . This need also stemmed from the withdrawal of the OCSD as a member agency of the FCFA on July 1, 2023, given the failure of Oceano Measure A -22, which would have generated additional funding for fire and emergency medical services in Oceano. As such, beginning with the FY 2023-24 budget, Arroyo Grande and Grover Beach have increased their municipal budgets to ensure adequate fire prevention services to its residents and businesses through each member agency’s continued, increased contributions to the FCFA, and by accepting delegation by FCFA, at their request, consistent with the Baker Tilly study for certain contractual fire inspection services as contemplated by the attached agreement. The delegation of these services is intended to improve cost efficiencies and maximize operational staffing needs. The Five Cities Fire Authority Board approved the agreement on August 21, 2023, and the Grover Beach City Council approved the agreement at their regularly scheduled meeting on August 28, 2023. Senate Bill (SB) 1205 The California Fire Code places the responsibility for fire prevention on the Fire Chief, or their designee. Several years ago, the State Fire Marshall’s Office stopped inspecting school sites, and local governments stepped in to provide these services. Additionally, Senate Bill (SB) 1205 became effective in 2018, which requires annual inspections of specified structures (occupancy types), along with an annual resolution identifying the percentage of inspections completed by occupancy type including:  Public and Private schools  Multi-family dwellings  Hotels/Motels  Certain Residential Care Facilities In accordance with the Baker Tilly report, over 70% of business inspections are not being conducted, and consequently, fire prevention is not currently being supported at the desired level. The Baker Tilly report recommends that contracting for services listed in Page 554 of 561 Item 9.n. City Council Five Cities Fire Authority Fire Prevention Agreement and Delegation of Authority to the City of Arroyo Grande September 12, 2023 Page 3 Exhibit A would be more economical due to FCFA’s existing, limited financial resources (Recommendation #4). ANALYSIS OF ISSUES: Delegation of Fire Prevention Services In collaboration with FCFA, the cities of Arroyo Grande and Grover Beach have agreed to certain fire inspection services as identified in attached Exhibit A to improve consistency of fire plan review in the member communities. On August 21, 2023, the Fire Board approved the delegation of fire authority as part of the Fire Prevention Agreement to the cities of Arroyo Grande and Grover Beach and as of July 1, 2023, the Arroyo Grande Community Development Department has assumed responsibility for the following mutually agreed upon services for a one-year term:  Residential Care Facilities (Group R – SB 1205)  Public & Private Schools (Group E – SB 1205)  Pre-school/Child Care Facilities  Business Inspections  Hospital/Clinic Inspections  Plan/Sprinkler Review  Related Field Inspections FCFA will retain responsibility for fire prevention services for multi-family dwellings, hotel/motels, pre-application review, special events, fireworks program management, and weed abatement program management of fire prevention services within the City, as outlined in Attachment 1 – Exhibit “A”, Scope of Services. Contractual Fire Prevention Services The City acknowledges the responsibility to protect the health and safety of its residents, businesses, and visitors and recognizes the need for efficient and effective fire prevention services. Given the delegation of certain fire prevention services, the City has demonstrated its capability and readiness to assume responsibility for these services. As of July 1, 2023, fire services have been contracted to the City’s building consultant, who will employ a team of professional certified fire plan reviewers, fire inspectors, fire protection engineers, and fire marshal personnel, sufficient and capable to support front counter procedures, review plans, and perform inspection of structures for fire code compliance. The City is in the process of a new RFP for permanent building division services which was posted on August 31, 2023. Before the selection of a consultant for permanent services, the City will employ an interim contract until that selection is complete. The Community Development Department will ensure the fire prevention activities are completed in compliance with SB 1205. Page 555 of 561 Item 9.n. City Council Five Cities Fire Authority Fire Prevention Agreement and Delegation of Authority to the City of Arroyo Grande September 12, 2023 Page 4 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve the Fire Prevention Agreement to delegate fire prevention service authority to the City of Arroyo Grande; or 2. Provide other direction to staff. ADVANTAGES: Approval of the Fire Prevention Agreement and delegation of fire prevention service authority to the City of Arroyo Grande will ensure that fire prevention services are consistently and continuously maintained. DISADVANTAGES: Delegation of fire prevention service authority to the City of Arroyo Grande will increase staff time necessary to process these services . Although the City has budgeted an additional $15,000 toward these services, the City’s contracted services with a Building Division services consultant will be offset by the related fees charged by the City for the fire prevention services. ENVIRONMENTAL REVIEW: The approval of an agreement to delegate authority for fire prevention is not a project subject to the California Environmental Quality Act (“CEQ A”) 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. City of Arroyo Grande and Five Cities Fire Prevention Agreement Exhibit “A” – Scope of Services Page 556 of 561 65501.00013\41537517.1 ATTACHMENT 1 1 AGREEMENT FOR CONTRACT SERVICES This Agreement for Contract Services and Delegation of Fire Inspection Services ("Agreement") dated __________, is entered into by and between the City of Arroyo Grande, a municipal corporation ("Arroyo Grande"), and the Five Cities Fire Authority, a California Joint Powers Authority ("Authority"). Arroyo Grande and Authority are sometimes referred to herein, collectively, or individually as "Parties" or "Party". RECITALS WHEREAS, the cities of Arroyo Grande, Grover Beach and Oceano Community Services District initially created a joint powers authority by executing a Joint Exercise of Powers Agreement, dated June 7, 2010, for the purpose of providing more efficient and effective fire protection services within the Parties’ respective jurisdictions; and WHEREAS, the cities of Arroyo Grande and Grover Beach executed an Amended and Restated Joint Exercise of Powers Agreement in June, 2023 (“the Amended and Restated JPA Agreement”), pursuant to Government Code Sections 6500 et seq. for the purpose of restructuring the Authority to a two member agency joint powers authority, to streamline services and provide for more cost effective fire and emergency services; and WHEREAS, the Amended and Restated JPA Agreement revised the 2010 agreement and is now one of the governing documents for the Authority; and WHEREAS, the Authority has a need for improving costs efficiencies, maximizing operational staffing needs and desires for Arroyo Grande to complete a portion of the fire inspections performed by the Authority by delegation of the Fire Chief, pursuant to Chapter 9, of the California Building Codes, Fire Protection Service, Section 1.11.2.1.1; and WHEREAS, Arroyo Grande has qualified personnel that can provide fire inspection services under contract with the Authority; and WHEREAS, Arroyo Grande and the Authority desire to enter into this Agreement in order to set forth the terms and conditions of Arroyo Grande providing such services to the Authority. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Recitals. The Recitals above are true and correct and are incorporated herein by reference. Page 557 of 561 65501.00013\41537517.1 ATTACHMENT 1 2 2. Scope of Services. Arroyo Grande will, under the terms and conditions of this Agreement, provide the Authority with fire inspection services (“Services”), as more specifically described in Exhibit "A" entitled "Scope of Services," attached hereto and incorporated herein by this reference. 3. Compensation. Arroyo Grande shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, through the imposition of regulatory fees in an amount equal to the direct costs incurred by Arroyo Grande in providing the Services at the rates established by City Council approval. Direct costs shall consist of salary and benefit costs for time dedicated exclusively by employees in performing services for the Authority. No overhead costs shall be charged. 4. Term. The term of this Agreement shall extend 12 months from July 1, 2023. The Parties may mutually agree in writing to extend the term of the Agreement for additional agreed upon periods of time. Either Party may terminate this agreement with or without cause upon sixty (60) days prior written notice. 5. Non-Exclusive. This Agreement does not obligate the Authority to exclusively use the services of Arroyo Grande for services that are not otherwise set forth in the JPA Agreement as being exclusive to Arroyo Grande. The Authority shall be entitled to retain other service providers and consultants as deemed necessary by the Authority for the provision of such services. 6. MISCELLANEOUS 7.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and arrangements, both oral and written, between the Parties hereto with respect to such subject matter. Nothing in this Agreement shall be deemed to modify the terms and conditions set forth in the Amended and Restated JPA Agreement. Except as otherwise provided herein, this Agreement may not be modified, amended, altered, or rescinded in any manner, except by written instrument signed by both of the Parties. The waiver by either Party of a breach or compliance with any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or compliance. Page 558 of 561 65501.00013\41537517.1 ATTACHMENT 1 3 7.2 Assignment. A Party may not assign this Agreement without the prior written consent of the other Party. 7.3 Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be given in writing and be delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered, or certified mail (postage prepaid with return receipt requested) as follows: To Arroyo Grande: City of Arroyo Grande Attn: City Clerk 300 W Branch St Arroyo Grande, CA 93433 To Authority: Five Cities Fire Authority Attn: Secretary to the Board 140 Traffic way Arroyo Grande, CA 93420 Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received by sender, if sent by facsimile or (iii) five (5) days after being sent, if sent by first class registered mail, return receipt requested. 7.4 Relationship of the Parties. Nothing in this Agreement, or in the course of dealing between the Parties pursuant to this Agreement, shall be deemed to create between the Parties (including their respective officers, employees and agents) in connection with the subject matter herein, a partnership, joint venture, association, empl oyment relationship or any other relationship, other than that of independent contractors with respect to each other. Neither Party shall have the authority to commit or legally bind the other Party in any manner whatsoever, including but not limited to, the acceptance or making of any agreement, representation, or warranty. 7.5 Third Party Beneficiaries. This Agreement inures to the benefit of the Parties only and no third party shall have any rights hereunder. 7.6 Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which Page 559 of 561 65501.00013\41537517.1 ATTACHMENT 1 4 so far as possible achieves the same objectives as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect. 7.7 Survival. Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect. 7.8 Headings. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof. 7.9 Venue: Any dispute under this Agreement shall be resolved under the laws of the State of California with venue in San Luis Obispo County. 7.10 Indemnification: The Authority and Arroyo Grande agree to indemnify and hold the other Party harmless from all liability for damage to persons or property arising out of or resulting from the acts or omissions of the indemnifying Party in connection with performance under this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement effective as of the date first written above. FIVE CITIES FIRE AUTHORITY By:_______________________ CITY OF ARROYO GRANDE BY:_______________________ Page 560 of 561 65501.00013\41537520.1 EXHIBIT “A” SCOPE OF SERVICES The City of Arroyo Grande and the City of Grover Beach (Cities) acknowledge their role in protecting the health and safety of their residents, businesses, and visitors and recognize the need for efficient and effective fire prevention services within their jurisdictions. Per the Agreement, effective July 1, 2023, the City of Arroyo Grande will provide the following fire prevention services:  Residential Care Facilities (Group R – SB 1205)  Public & Private Schools (Group E – SB 1205)  Pre-school/Child Care Facilities  Business Inspections  Hospital/Clinic Inspections  Plan/Sprinkler Review  Related Field Inspections The Five Cities Fire Authority (FCFA) will continue to provide the following fire prevention services:  Multi-Family Dwellings (Group R – SB 1205)  Hotel/Motels (Group R – SB 1205)  Project Pre-Application Review (Water Supply & Access)  Special Event Application Review/Food Booth Inspection  Fireworks Program Management  Weed Abatement Program Management Page 561 of 561