CC 2023-11-28 Agenda PackageCITY COUNCIL MEETING
AGENDA SUMMARY
Tuesday, November 28, 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) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
b) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Attorney
Unrepresented employee: City Manager
c) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential
case.
6. ADJOURNMENT
REGULAR MEETING 6:00 P.M.
1.CALL TO ORDER
2.ROLL CALL
3.MOMENT OF REFLECTION
4.FLAG SALUTE
5.AGENDA REVIEW
5.a Closed Session Announcements
City Attorney Rosen will announce any reportable action from the following:
City Council Closed Session Meeting of November 17, 2023
a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
City Council Closed Session Meeting of November 18, 2023
a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
City Council Closed Session Meeting of November 28, 2023
a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
b) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Attorney
Unrepresented employee: City Manager
c) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9: 1 potential case.
5.b Ordinances read in title only
Recommended Action:
Move that all ordinances presented at the meeting shall be read by title only and all further
readings be waived.
6.SPECIAL PRESENTATIONS
6.a Honorary Proclamation Designating December 2023 as Peace and Nonviolence Month
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6.b Interim City Manager Communications
(ROBESON)
Recommended Action:
Receive correspondence/comments as presented by the Interim City Manager and Provide
direction, as necessary.
7.CITY COUNCIL REPORTS
7.a MAYOR RAY RUSSOM:
California Joint Powers Insurance Authority (CJPIA)1.
Central Coast Blue Regional Recycled Water Authority Board2.
Five Cities Fire Authority3.
San Luis Obispo County Mayor's Meeting4.
South San Luis Obispo County Sanitation District (SSLOCSD)5.
Other6.
7.b MAYOR PRO TEM BARNEICH:
Audit Committee1.
Homeless Services Oversight Council (HSOC)2.
Zone 3 Water Advisory Board3.
Other4.
7.c COUNCIL MEMBER GEORGE:
Five Cities Fire Authority1.
Tourism Business Improvement District Advisory Board2.
Visit SLO CAL Advisory Board3.
Other4.
7.d COUNCIL MEMBER GUTHRIE:
County Water Resources Advisory Committee (WRAC)1.
Council of Governments/Regional Transit Authority/ South County Transit
(SLOCOG/SLORTA/SCT)
2.
Integrated Waste Management Authority Board (IWMA)3.
REACH Economic Development Roundtable4.
Other5.
7.e COUNCIL MEMBER SECREST:
Air Pollution Control District (APCD)1.
South County Chambers of Commerce Governmental Affairs Committee2.
Other 3.
8.COMMUNITY COMMENTS AND SUGGESTIONS
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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 October 16 through
October 31, 2023; 2) Determine that ratifying the cash disbursements is not a project
subject to the California Environmental Quality Act (“CEQA”) because it has no potential to
result in either a direct, or reasonably foreseeable indirect, physical change in the
environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
9.b Approval of Minutes
(MATSON)
Recommended Action:
Approve the minutes of the Regular City Council Meeting of November 14, 2023, and the
Special City Council Meetings of November 17, 2023 and November 18, 2023, as
submitted.
Page 4 of 243
9.c Consider a Resolution Approving TUP 23-012; Authorize the Village Holiday Parade &
Jingle Bell Dash on December 3, 2023; Approve Street Closures in the Village; and Find the
Action Categorically Exempt from CEQA Pursuant to Section 15304(e)
(PEDROTTI)
Recommended Action:
Adopt a Resolution approving Temporary Use Permit 23-012 authorizing the Arroyo Grande
Holiday Parade and Jingle Bell Dash in the Village and approving the closure of streets.
9.d Consideration of a Two-Year Extension of the Five-Year Radar Speed Surveys for Selected
City Streets
(SWEENEY)
Recommended Action:
1) Adopt a Resolution extending the existing five-year radar speed surveys for selected City
streets an additional two years; and 2) Determine that this extension 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 Monthly Water Supply and Demand Update
(SWEENEY)
Recommended Action:
Receive and file the Monthly Water Supply and Demand Update.
9.f Consideration of the Summary Vacation of a Public Utility Easement and Acceptance of a
Grant of a Sanitary Sewer Easement and Located at 605 Eman Court
(PEDROTTI)
Recommended Action:
Adopt a Resolution summarily vacating the public utility easement and accepting the grant
of a sanitary sewer easement at 605 Eman Court pursuant to Streets and Highways Code
Section 8330 et seq. and making a finding that the action is not a project under CEQA or,
alternatively, that it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3)
(“common sense exemption”).
9.g Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande
Municipal Code Regarding Restrictions on Irrigated Turf and Finding This Action Exempt
from the California Environmental Quality Act
(PEDROTTI)
Recommended Action:
1) Adopt the Ordinance amending Section 16.84 of the Arroyo Grande Municipal Code; and
2) Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA)
pursuant to State CEQA Guidelines Section 15060(c)(2), (3), 15378, and in the alternative,
State CEQA Guidelines Section 15061(b)(3).
10.PUBLIC HEARINGS
10.a Consider a Resolution for the Installation of One (1) Domestic Well on Property Zoned
Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde,
SLO Civil Design
Page 5 of 243
(PEDROTTI)
Recommended Action:
On October 24, 2023, this public hearing item was opened and continued to a date certain
of November 28, 2023. Staff requests that this item be considered on January 9, 2024,
and will re-notice a public hearing for that date. City staff has worked with applicant to find
a mutually satisfactorily date for the hearing and determined January 9, 2024 works with
applicant’s availability.
11.OLD BUSINESS
11.a Consideration of an Award of Contract to ADT Commercial, LLC for Construction of the
Public Safety Camera System Project, PW 2023-10 and Find the Action Exempt From
CEQA
(SWEENEY)
Recommended Action:
1) Award a contract for the Public Safety Camera System Project to ADT Commercial, LLC
in the amount of $430,411, in substantially final form subject to any minor, technical or
non-substantive changes approved by the City Manager in consultation with the City
Attorney; 2) Authorize the City Manager to approve change orders of 20% of the contract
amount, $86,082.21, for unanticipated costs during the construction phase of the Project;
3) Determine that the Project is categorically exempt from the California Environmental
Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing structures,
facilities, mechanical equipment, or topographical features where the project involves
negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301).
12.NEW BUSINESS
12.a Appointment of City Manager and Approval of Employment Agreement (contingent on
status of recruitment and pending negotiation)
(ROSEN)
Recommended Action:
Appoint City Manager and approve the employment agreement in substantial final form
subject to any minor technical changes that may be necessary.
12.b Consideration of an Agreement with A-Town AV for the Council Chamber Audio/Video
System Project Upgrade and Request to Approve a Budget Adjustment Request and Find
the Action Exempt from CEQA
(VALENTINE)
Recommended Action:
Approve an Agreement with A-Town AV for design and installation services for the
Audio/Video system project upgrade and approve a budget adjustment request.
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
Page 6 of 243
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 243
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HONORARY PROCLAMATION DESIGNATING
DECEMBER 2023 AS
PEACE AND NONVIOLENCE MONTH
WHEREAS, it is the mission of the City to make Arroyo Grande the best place possible for everyone who
lives, works, and visits; and
WHEREAS, the Arroyo Grande community calls for local civic action to stop hate and biases that pose a
threat to the safety of our people and neighborhoods; and
WHEREAS, discrimination causes disparate and unequal outcomes in housing, education, employment,
criminal justice, health, and leads to economic hardships; and racism, bias, and hate has no place in our
society or in our community. We must protect the constitutional rights of everyone in our community and
foster a community that is welcoming to all people regardless of race, ethnicity, religion, or sexual
orientation; and
WHEREAS, the City of Arroyo Grande is dedicated to preventing and opposing hate and intolerance in
our communities; and
WHEREAS, we recognize that a resolution or a single action, in and of itself, will not change a community
but rather that we are all responsible, both individually and collectively, for creating and fostering an anti-
racist and unbiased community in our words and actions, and that we must actively acknowledge and
stand-up against bias and discrimination of any kind; and
WHEREAS, education, compassion, and cooperation are key to understanding and embracing
differences between people; and
WHEREAS, on January 11, 2022, the Arroyo Grande Council adopted a resolution adopting a Diversity,
Equity, Inclusion and Justice Policy; and
WHEREAS, the City of Arroyo Grande seeks to address systemic racism and inequality through our
Diversity, Equity, Inclusion and Justice Policy; and
WHEREAS, the City of Arroyo Grande is committed to supporting diversity, equity, inclusion, and justice,
in all facets of society; and
WHEREAS, the City of Arroyo Grande believes diversity strengthens the community and will continue to
stand firmly against hate and biases wherever it may be.
WHEREAS, a proclamation that the month of December be designated for promotion of these central
goals of peace, nonviolence, and anti-racism will bring awareness and support the City's commitment to
diversity, equity, inclusion, and justice, in all facets of society and government; and
NOW, THEREFORE, BE IT RESOLVED that I, Caren Ray Russom, Mayor
of the City of Arroyo Grande, do hereby proclaim December 2023
as Peace & Nonviolence Month.
CAREN RAY RUSSOM, MAYOR
Item 6.a.Page 8 of 243
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: November 28, 2023
SUMMARY OF ACTION:
Review and ratify cash disbursements for the period of October 16 through October 31,
2023.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is a $ 1,968,671.86 fiscal impact for the period of October 16 through October 31,
2023, that includes the following items:
Accounts Payable Checks $ 1,505,882.99
Payroll & Benefit Checks $ 462,788.87
RECOMMENDATION:
1) Ratify the attached listing of cash disbursements for the period of October 16 through
October 31, 2023; 2) Determine that ratifying the cash disbursements is not a project
subject to the California Environmental Quality Act (“CEQA”) because it has no potential
to result in either a direct, or reasonably foreseeable indirect, physical change in the
environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
BACKGROUND:
Cash disbursements are made weekly based on the submission of all required documents
supporting the invoices submitted for payment. Prior to payment, Administrative Services
staff reviews all disbursement documents to ensure that they meet the approval
requirements adopted in the Municipal Code and the City’s Purchasing Policies and
Procedures Manual.
Page 9 of 243
Item 9.a.
City Council
Consideration of Cash Disbursement Ratification
November 28, 2023
Page 2
ANALYSIS OF ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY 2023 -24
budget.
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. (c)(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. October 16 through October 31, 2023 – Accounts Payable Check Register
2. October 20, 2023 – Payroll & Benefit Check Register
Page 10 of 243
CITY OF ARROYO GRANDECHECK LISTINGOCTOBER 16 - OCTOBER 31, 2023ATTACHMENT 1Check Date Check # Amount Description Acct # Vendor Name1 10/17/2023 299108 $ 4,682.69 11/23 RETIREE MEDICAL 010.4099.5136 ICMA RETIREMENT CORP2 10/17/2023 299108 358.87 11/23 RETIREE MEDICAL 220.4303.5136 ICMA RETIREMENT CORP3 10/17/2023 299108 602.12 11/23 RETIREE MEDICAL-FCFA 010.0000.1111 ICMA RETIREMENT CORP4 10/19/2023 299109 294.43 CANDY FOR HALLOWEEN IN THE VILLAGE 010.4145.5508 CAMELA SCHAAF5 10/20/2023 299110 1,500.00 WATER TRUCK FOR HARVEST FESTIVAL 220.4303.5552 A-1 WATER1 10/20/2023 299111 781.84 PATROL SAFETY EQUIPMENT - BODY ARMOR REPL 010.4201.6201 ADAMSON INDUSTRIES, INC2 10/20/2023 299112 379.28 SUPPLIES FOR CALPOLY CITY APPRECIATION DAY 010.4001.5201 AMAZON CAPITAL SERVICES3 10/20/2023 299112 12.23 OFFICE SUPPLIES-HAND SANITIZER 010.4120.5201 AMAZON CAPITAL SERVICES4 10/20/2023 299112 12.80 HATS 010.4213.5255 AMAZON CAPITAL SERVICES5 10/20/2023 299112 197.81 TRASH BAGS 010.4213.5604 AMAZON CAPITAL SERVICES6 10/20/2023 299112 113.63 CEILING TILES 010.4213.5604 AMAZON CAPITAL SERVICES7 10/20/2023 299112 1,023.02 TOILET PAPER 010.4213.5604 AMAZON CAPITAL SERVICES8 10/20/2023 299112 243.50 TRASH CAN LIDS-RUBBERMAID BRUTE 010.4420.5605 AMAZON CAPITAL SERVICES9 10/20/2023 299112 38.22 OFFICE SUPPLIES-CALCULATOR 220.4303.5201 AMAZON CAPITAL SERVICES10 10/20/2023 299112 20.29 OFFICE SUPPLIES-HIGHLIGHTERS 220.4303.5201 AMAZON CAPITAL SERVICES11 10/20/2023 299112 71.63 COPY PAPER 220.4303.5201 AMAZON CAPITAL SERVICES12 10/20/2023 299112 134.10 SAFETY GLASSES 220.4303.5255 AMAZON CAPITAL SERVICES13 10/20/2023 299112 311.80 BLACK NITRILE GLOVES 220.4303.5255 AMAZON CAPITAL SERVICES14 10/20/2023 299112 14.64 GREASE GUN COUPLER 220.4303.5613 AMAZON CAPITAL SERVICES15 10/20/2023 299112 18.59 OFFICE SUPPLIES-LEGAL PADS 640.4710.5201 AMAZON CAPITAL SERVICES16 10/20/2023 299112 40.59 OFFICE SUPPLIES-HIGHLIGHTERS 640.4710.5201 AMAZON CAPITAL SERVICES17 10/20/2023 299112 143.27 COPY PAPER 640.4710.5201 AMAZON CAPITAL SERVICES18 10/20/2023 299112 71.64 COPY PAPER 010.4307.5201 AMAZON CAPITAL SERVICES19 10/20/2023 299112 20.29 OFFICE SUPPLIES-HIGHLIGHTERS 010.4307.5201 AMAZON CAPITAL SERVICES20 10/20/2023 299112 532.73 SUPPORT FLEET SUPPLIES 010.4204.5255 AMAZON CAPITAL SERVICES21 10/20/2023 299112 1,454.13 IT-REPLACEMENT LAPTOPS 010.4140.5702 AMAZON CAPITAL SERVICES22 10/20/2023 299113 12,384.40 PURCHASE WATER METERS & REPLACEMENT PARTS 640.4712.5207 AQUA-METRIC SALES CO(DBA)23 10/20/2023 299114 100.00 USED OIL SVC-PW 010.4305.5303 ASBURY ENVIROMENTAL SVCS24 10/20/2023 299114 139.69 PARTS WASHER RENTAL/SERVICE 010.4305.5303 ASBURY ENVIROMENTAL SVCS25 10/20/2023 299115 183.52 ACCT#238451-01839190 RADIO 010.4145.5403 AT & T26 10/20/2023 299116 29.98 BAN#9391033183 010.4201.5403 AT&T27 10/20/2023 299116 176.03 BAN#9391033184 010.4201.5403 AT&T28 10/20/2023 299116 69.38 BAN#9391033187 010.4201.5403 AT&T29 10/20/2023 299117 130.48 10/23 TOWER LEASE 010.4201.5303 ATC SEQUOIA LLC30 10/20/2023 299118 200.00 D.O. INSPECTION PW FUEL ISLAND 010.4305.5303 B & T SVC STN CONTRACTORS, INC31 10/20/2023 299119 15,640.68 09/23 CITY ATTORNEY-GENERAL 010.4003.5304 BEST BEST & KRIEGER LLP32 10/20/2023 299119 4,469.00 09/30 CITY ATTORNEY-CD 010.4003.5327 BEST BEST & KRIEGER LLPPage 11 of 243
CITY OF ARROYO GRANDECHECK LISTINGOCTOBER 16 - OCTOBER 31, 2023ATTACHMENT 1Check Date Check # Amount Description Acct # Vendor Name33 10/20/2023 299119 $ 205.00 09/30 CITY ATTORNEY-CITY COUNCIL 010.4003.5327 BEST BEST & KRIEGER LLP34 10/20/2023 299119 1,189.00 09/30 CITY ATTORNEY-CONFLICT OF INTEREST 010.4003.5327 BEST BEST & KRIEGER LLP35 10/20/2023 299119 1,885.00 09/30 CITY ATTORNEY-400 W BRANCH 010.4003.5327 BEST BEST & KRIEGER LLP36 10/20/2023 299119 162.50 09/30 CITY ATTORNEY- EMPLOYMENT/LABOR 010.4003.5327 BEST BEST & KRIEGER LLP37 10/20/2023 299119 3,515.00 09/30 CITY ATTORNEY-PRA/ARC 010.4003.5327 BEST BEST & KRIEGER LLP38 10/20/2023 299119 130.00 09/30 CITY ATTORNEY-TELECOMMUNICATIONS 010.4003.5327 BEST BEST & KRIEGER LLP39 10/20/2023 299119 3,382.50 09/30 CITY ATTORNEY-PUBLIC WORKS 010.4003.5327 BEST BEST & KRIEGER LLP40 10/20/2023 299120 26.00 CAR WASH-PD ADMIN 010.4201.5601 BOB'S EXPRESS WASH41 10/20/2023 299120 26.00 CAR WASH-PW-8 & PW-4 ENGINEERING 010.4301.5601 BOB'S EXPRESS WASH42 10/20/2023 299120 26.00 CAR WASH PW-69 & PW-70 220.4303.5601 BOB'S EXPRESS WASH43 10/20/2023 299120 13.00 CAR WASH-PW68 640.4712.5601 BOB'S EXPRESS WASH44 10/20/2023 299120 341.00 CAR WASH-PD PATROL 010.4203.5601 BOB'S EXPRESS WASH45 10/20/2023 299120 172.00 CAR WASH-PD SUPPORT SVCS 010.4204.5601 BOB'S EXPRESS WASH46 10/20/2023 299121 166.04 OFFICE SUPPLIES-BUSINESS CARDS 010.4201.5201 BOONE PRINTING & GRAPHICS INC47 10/20/2023 299122 1,875.54 PATROL--FIRST AID SUPPLIES & EQUIPMENT 010.4203.5272 BOUND TREE MEDICAL, LLC48 10/20/2023 299123 565.45 UWMP PRINTING 640.4710.5303 BURDINE PRINTING (DBA)49 10/20/2023 299124 44.33 PD-4606 AC RECHARGE 010.4203.5601 CARQUEST AUTO PARTS50 10/20/2023 299125 65.00 09/23 REIMBURSE JUIJITSU 010.4203.5501 JASON CASTILLO51 10/20/2023 299126 1,349.00 ACCT#170563401 CITY HALL FIBER 010.4140.5303 CHARTER COMMUNICATIONS52 10/20/2023 299126 58.63 ACCT#090058901 CITY HALL TV 010.4145.5401 CHARTER COMMUNICATIONS53 10/20/2023 299126 754.92 ACCT#170563801 REC DARK FIBER & TV 010.4145.5401 CHARTER COMMUNICATIONS54 10/20/2023 299126 736.80 ACCT#170564001 PW DARK FIBER 010.4145.5401 CHARTER COMMUNICATIONS55 10/20/2023 299126 987.20 ACCT#170562201 PD DARK FIBER 010.4145.5401 CHARTER COMMUNICATIONS56 10/20/2023 299126 178.75 ACCT#170562101 PD TV 010.4145.5401 CHARTER COMMUNICATIONS57 10/20/2023 299126 327.16 ACCT#170562601 WOMEN'S CLUB DARK FIBER 010.4145.5401 CHARTER COMMUNICATIONS58 10/20/2023 299126 115.71 ACCT#170563101 COUNCIL CHAMBER 010.4145.5401 CHARTER COMMUNICATIONS59 10/20/2023 299126 1,349.00 ACCT#170563301 COUNCIL CHAMBER 211.4101.5330 CHARTER COMMUNICATIONS60 10/20/2023 299127 1,827.36 JUNIPER SWITCHES FOR 2023/24 010.4140.5303 CIO SOLUTIONS LP61 10/20/2023 299127 3,546.00 1 YR PW TC ESS DL360 GEN 10 SVC 010.4140.5303 CIO SOLUTIONS LP62 10/20/2023 299127 4,768.00 10/23 IT SUPPORT 010.4140.5303 CIO SOLUTIONS LP63 10/20/2023 299127 1,550.00 10/23 CROWDSTRIKE ADV DEFEND 010.4140.5303 CIO SOLUTIONS LP64 10/20/2023 299127 330.00 09/23 STAFF AUGMENTATION 010.4140.5303 CIO SOLUTIONS LP65 10/20/2023 299127 6,263.51 09/23 HPE TECH CARE BASIC EXCHANGE SVC 010.4140.5303 CIO SOLUTIONS LP66 10/20/2023 299127 6,046.80 10/23 MICROSOFT 365 010.4140.5607 CIO SOLUTIONS LP67 10/20/2023 299128 860.00 09/23 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF68 10/20/2023 299129 372.59 ACCT#2901-1271650-01 METRO INTERNET 010.4140.5303 DIGITAL WEST NETWORKS INC69 10/20/2023 299130 762.20 2022 CONCRETE REPAIRS 350.5658.7501 EIKHOF DESIGN GROUPPage 12 of 243
CITY OF ARROYO GRANDECHECK LISTINGOCTOBER 16 - OCTOBER 31, 2023ATTACHMENT 1Check Date Check # Amount Description Acct # Vendor Name70 10/20/2023 299131 $ 40.00 AICC ALAN HANCOCK COLLEGE LOMPOC PER DIEM 010.4204.5501 ELIA ESPARZA71 10/20/2023 299132 225.00 DRE CERTIFICATION SITE TRAINING PER DIEM 010.4203.5501 ALEJANDRO ESTRADA72 10/20/2023 299133 375.00 FIREARMS INSTRUCTOR TRAINING PER DIEM 010.4204.5501 ANTHONY ESTRADA73 10/20/2023 299134 65.00 09/23 REIMBURSE JUIJITSU 010.4203.5501 ANTHONY ESTRADA74 10/20/2023 299135 $188.00 PD-4602 TIRE MOUNTING 010.4203.5601 FIGUEROA'S TIRES75 10/20/2023 299136 22,500.00 PROGRAM MANAGEMENT - CITY OF AG 010.4307.5303 FILIPPIN ENGINEERING76 10/20/2023 299137 347.49 COMMUNITY RELATIONS-STICKERS 010.4201.5504 FOREMOST PROMOTIONS77 10/20/2023 299138 288.00 ACER MONITORS -FINANCE 010.4140.5702 ITSAVVY LLC78 10/20/2023 299139 843,506.90 2022 STREET REPAIRS CONSTRUCTION CONTRACT 350.5638.7001 JJ FISHER CONSTRUCTION, INC.79 10/20/2023 299140 2,600.00 VIDEO INSPECTION-SEWER MAIN LINING CIP 612.5817.7501 MAINLINE UTILITY COMPANY80 10/20/2023 299141 4,333.34 2023 AUDIT TO DATE 010.4120.5303 MOSS, LEVY & HARTZHEIM LLP81 10/20/2023 299141 4,333.33 2023 AUDIT TO DATE 612.4610.5303 MOSS, LEVY & HARTZHEIM LLP82 10/20/2023 299141 4,333.33 2023 AUDIT TO DATE 640.4710.5303 MOSS, LEVY & HARTZHEIM LLP83 10/20/2023 299142 159.98 COPY PAPER 010.4102.5201 ODP BUSINESS SOLUTIONS LLC84 10/20/2023 299143 171.21 COPIER METER READ 8/28-9/27 010.4204.5602 OFFICE185 10/20/2023 299144 17,646.79 ELECTRIC-STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO86 10/20/2023 299145 38.00 09/23 UNIFORM CLEANING- PD ADMIN 010.4201.5303 PARAMOUNT CLEANERS87 10/20/2023 299145 1,179.00 09/23 UNIFORM CLEANING- PD PATROL010.4203.5303 PARAMOUNT CLEANERS88 10/20/2023 299145 42.00 09/23 UNIFORM CLEANING-PD SUPPORT SERVICES 010.4204.5303 PARAMOUNT CLEANERS89 10/20/2023 299146 200.00 08/23 PARKING CITATION PROCESS 010.4204.5303 PHOENIX GROUP90 10/20/2023 299147 25.38 09/23 COUNCIL CHAMBERS WATER 010.4213.5303 READYREFRESH BY NESTLE91 10/20/2023 299148 12.50 08/23 PARKING CITATION REV DIS 010.0000.4203SLO COUNTY AUDITOR-CONTROLLER92 10/20/2023 299149 4,600.00 FY23/24 BOMB TASK FORCE 010.4201.5328 SLO COUNTY SHERIFF'S DEPT93 10/20/2023 299149 20,000.00 FY23/24 SHERIFF'S SPEC OP UNIT 010.4201.5328 SLO COUNTY SHERIFF'S DEPT94 10/20/2023 299150 14.79 GAS SERVICES-350 S ELM ST 010.4145.5401 SOCALGAS95 10/20/2023 299150 65.16 GAS SERVICES-1375 ASH ST 010.4145.5401 SOCALGAS96 10/20/2023 299150 18.15 GAS SERVICES-200 N HALCYON 010.4145.5401 SOCALGAS97 10/20/2023 299151 375.00 EMSA FIRST AID/CPR TRAINING PER DIEM 010.4203.5501 GARRETT SOUSA98 10/20/2023 299152 750.00 ANTHONY ESTRADA -LAW ENFORCEMENT 010.4204.5501 TACTICAL FIREARMS TRAINING99 10/20/2023 299153 562.99 TPMSA TOOL KIT 010.4305.5273 TCA TOOLS INC100 10/20/2023 299153 327.24 STRAP WRENCH, BATTERY, FLEX WRENCH 010.4305.5603 TCA TOOLS INC101 10/20/2023 299153 563.00 TPMSA TOOL KIT 010.4305.5603 TCA TOOLS INC102 10/20/2023 299154 1,220.93 UNIFORMS-SVC STRIPES & CHEVRONS 010.4203.5272 TEMPLETON UNIFORMS103 10/20/2023 299155 966.00 RECERTIFY RADAR UNITS 010.4203.5601 THE RADAR SHOP INC104 10/20/2023 299156 108.00 UNIFORMS-EMBROIDERY 010.4203.5272 THE TOP SHOP105 10/20/2023 299157 75.00 09/23 INVESTIGATIVE SVCS 010.4204.5303 TRANSUNION RISK106 10/20/2023 299158 304.08 ACCT#208620661-00003 CITY IPAD 010.4145.5403 VERIZON WIRELESSPage 13 of 243
CITY OF ARROYO GRANDECHECK LISTINGOCTOBER 16 - OCTOBER 31, 2023ATTACHMENT 1Check Date Check # Amount Description Acct # Vendor Name107 10/20/2023 299159 $ 100.00 10/23 DOCUMENT SHREDDING SVC 010.4201.5303 VITAL RECORDS CONTROL108 10/20/2023 299160 1,531.25 SSMP 5 YEAR UPDATE 612.4610.5303 WALLACE GROUP A CALIF CORP109 10/20/2023 299161 49.83 UB Refund Cst #00025224 640.0000.2301 KATHERINE CORNER110 10/20/2023 299162 207.04 UB Refund Cst #00028110 640.0000.2301 MATT JANOWICZ111 10/20/2023 299163 46.50 UB Refund Cst #00002016 640.0000.2301 KEN KLEIST112 10/20/2023 299164 26.27 UB Refund Cst #00028464 640.0000.2301 CHANDLER STEWART113 10/20/2023 299165 56,318.93 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE114 10/20/2023 299165 53,060.56 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE115 10/20/2023 299165 14,621.39 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE116 10/20/2023 299166 22,813.62 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT117 10/20/2023 299166 3,781.16 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT118 10/20/2023 299167 458.76 DEPT OF CHILD SUPPORT SERVICES 011.0000.2114 CA STATE DISBURSEMENT UNIT119 10/20/2023 299168 4,911.82 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP120 10/20/2023 299168 10,567.20 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP121 10/20/2023 299168 850.00 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP122 10/20/2023 299168 310.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP123 10/20/2023 299168 187.64 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP124 10/20/2023 299169 41,804.53 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT125 10/20/2023 299169 57,647.15 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT126 10/20/2023 299169 1,392.84 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT127 10/20/2023 299169 0.25 ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT128 10/20/2023 299170 555.61 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA129 10/27/2023 299171 678.92 AFLAC PRE TAX: Payment 011.0000.2126 AFLAC INSURANCE130 10/27/2023 299172 2,893.50 POLICE DEPT DUES: Payment 011.0000.2116 ARROYO GRANDE POLICE ASSN131 10/27/2023 299173 3,740.00 AG CAREER FIREFIGHTERS ASSN: Payment 011.0000.2115 FIVE CITIES PROF. FIREFIGHTERS132 10/27/2023 299174 43.90 PRE-PAID LEGAL SERVICES: Payment 011.0000.2125 LEGALSHIELD133 10/27/2023 299175 1,636.91 SEIU DUES: Payment 011.0000.2118 S.E.I.U. LOCAL 620134 10/27/2023 299176 750.00 08/23 WEBSITE STREAMING & ARCHIVING 010.4002.5303 AGP VIDEO, INC135 10/27/2023 299176 750.00 09/23 WEBSITE STREAMING & ARCHIVING 010.4002.5303 AGP VIDEO, INC136 10/27/2023 299176 1,612.50 08/23 CABLECASTING 010.4002.5330 AGP VIDEO, INC137 10/27/2023 299176 2,450.00 09/23 CABLECASTING 010.4002.5330 AGP VIDEO, INC138 10/27/2023 299177 128.13 CC MEETING SUPPLIES, OFFICE SUPPLIES 010.4001.5201 AMAZON CAPITAL SERVICES139 10/27/2023 299177 17.22 OFFICE SUPPLIES 010.4102.5201 AMAZON CAPITAL SERVICES140 10/27/2023 299178 480.00 09/23 VILLAGE WATERING 010.4420.5605 ARROYO GRANDE IN BLOOM INC141 10/27/2023 299179 23.13 BAN#9391033180 CITY HALL FAX 010.4145.5403 AT&T142 10/27/2023 299180 1,320.00 PURCHASING POLICY UPDATE 010.4120.5303 BAKER TILLY US LLP143 10/27/2023 299181 9,000.00 REFUND-AFFORDABLE IN LIEU FEE 232.0000.4766 CHARLES BELMONTPage 14 of 243
CITY OF ARROYO GRANDECHECK LISTINGOCTOBER 16 - OCTOBER 31, 2023ATTACHMENT 1Check Date Check # Amount Description Acct # Vendor Name144 10/27/2023 299182 $ 7,000.00 REFUND-AFFORDABLE IN LIEU FEE 232.0000.4766 BRIAN BENJAMIN145 10/27/2023 299183 80.00 REFUND-ROLLER SKATING CLASS 010.0000.4605 DUSTIN BOLTON146 10/27/2023 299184 935.52 NEWSLETTERS-ENGLISH & SPANISH 010.4102.5255 BOONE PRINTING & GRAPHICS INC147 10/27/2023 299184 557.69 UTLITY ENVELOPES & SVC ORDER FORMS 010.4102.5255BOONE PRINTING & GRAPHICS INC148 10/27/2023 299184 232.04 AGGPU FLYERS 010.4102.5255 BOONE PRINTING & GRAPHICS INC149 10/27/2023 299185 181.06 WORK BOOTS-BUILDING MAINTENANCE 010.4213.5148 BOOT BARN INC150 10/27/2023 299185 151.70 WORK BOOTS- STREETS 220.4303.5148 BOOT BARN INC151 10/27/2023 299185 146.80 WORK BOOTS-ENGINEERING 010.4307.5148 BOOT BARN INC152 10/27/2023 299186 339.88 CITY SHIRTS-HARVEST FESTIVAL 010.4145.5508 BRAND CREATIVE153 10/27/2023 299187 20.00 REFUND-OCT & NOV UKULELE CLASS 010.0000.4605 DEBORAH BROWN154 10/27/2023 299188 56.03 POLY 2X6FT BANNER 010.4424.5252 BURDINE PRINTING (DBA)155 10/27/2023 299189 336.00 07/23-09/23 DIESEL FUEL TAX RETURN 010.0000.1202 CA DEPT OF TAX & FEE ADMIN156 10/27/2023 299190 1,892.63 07/23-09/23 SMIP 010.0000.2208 CA ST DEPT OF CONSERVATION157 10/27/2023 299190 (94.63)SMIP ADMIN FEE 010.0000.4801 CA ST DEPT OF CONSERVATION158 10/27/2023 299191 4,413.05 08/23 CMC WEED ABATEMENT, HEDGING 010.4420.5303CA ST DEPT OF CORRECTIONS159 10/27/2023 299191 2,212.47 09/23 CMC TREE TRIMMING, HEDGING 220.4303.5303 CA ST DEPT OF CORRECTIONS160 10/27/2023 299192 375.00 07/23-09/23 STATE GREEN BLDG STANDARDS 010.0000.2223CALIFORNIA BUILDING STANDARDS161 10/27/2023 299192 (37.50) ADMIN/CODE ENF EDUC FEE 010.0000.2223 CALIFORNIA BUILDING STANDARDS162 10/27/2023 299193 1,680.00 ANNUAL CREEK WINTERIZATION 220.4303.5303 CALIFORNIA CONSERVATION CORPS163 10/27/2023 299194 199.00 REFUND-SCIENCE DIPPITY CLASS 010.0000.4605 TREVOR CARDINAL164 10/27/2023 299195 10.42 GOPHER MACHINE PARTS 010.4420.5603 CARQUEST AUTO PARTS165 10/27/2023 299195 9.17 PW-15 TOGGLE SWITCH 220.4303.5601 CARQUEST AUTO PARTS166 10/27/2023 299196 5,469.78 FY23/24 CIVICREC ANNUAL FEE 010.4140.5303 CIVICPLUS LLC167 10/27/2023 299197 118.20 PW-1 PRECLEANER 220.4303.5603 COASTLINE EQUIPMENT(DBA)168 10/27/2023 299198 324.84 DEWALT MAX BATTERIES 010.4430.5255 CONTRACTORS MAINT.SERVICE169 10/27/2023 299198 8.96 GOPHER MACH-FUEL JOINT ASSEMBLY 010.4430.5603 CONTRACTORS MAINT.SERVICE170 10/27/2023 299198 30.73 GB SOLVENT-PUMP CONDITIONER 010.4430.5603 CONTRACTORS MAINT.SERVICE171 10/27/2023 299198 (265.47) RETURN-LITHIUM ION BATTERY 010.4430.5605 CONTRACTORS MAINT.SERVICE172 10/27/2023 299198 265.47 LITHIUM ION BATTERY 010.4430.5605 CONTRACTORS MAINT.SERVICE173 10/27/2023 299199 42,869.82 BUILDING DEPARTMENT CONTRACT SERVICES 010.4212.5303 CSG CONSULTANTS INC174 10/27/2023 299200 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 JAY DANIEL175 10/27/2023 299201 225.00 REFUND-PICKLEBALL 010.0000.4605 CAROLEE DASMANN176 10/27/2023 299201 15.00 REFUND-PICKLEBALL 010.0000.4605 CAROLEE DASMANN177 10/27/2023 299202 400.00 09/23 NETBILL MONTHLY MAINTENANCE 640.4710.5303 DATAPROSE LLC178 10/27/2023 299202 469.56 09/23 NETBILL CC TRANSACTIONS 640.4710.5555 DATAPROSE LLC179 10/27/2023 299202 1,486.88 09/23 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLC180 10/27/2023 299202 117.39 09/23 NETBILL CC TRANSACTIONS 612.4610.5555 DATAPROSE LLCPage 15 of 243
CITY OF ARROYO GRANDECHECK LISTINGOCTOBER 16 - OCTOBER 31, 2023ATTACHMENT 1Check Date Check # Amount Description Acct # Vendor Name181 10/27/2023 299203 $ 401.79 KYOCERA COPIER LEASE 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS182 10/27/2023 299204 150.00 11/7-11/8 ADV SEARCH WARRANTS 010.4204.5501 ANTHONY ESTRADA183 10/27/2023 299205 1,423.16 TRASH CAN LINERS 010.4420.5605 FASTENAL COMPANY184 10/27/2023 299206 25.00 PW-56 INSTALL RIM SENSOR 010.4420.5601 FIGUEROA'S TIRES185 10/27/2023 299207 171.00 REFUND BUS LIC BL23-000290 010.0000.4050 FINFROCK MARKETING186 10/27/2023 299208 3,000.00 GASBS 75 REPORTS 2023-CITY 010.4120.5303FOSTER & FOSTER INC187 10/27/2023 299208 1,000.00 GASBS 75 REPORTS 2023-FCFA 010.0000.1111FOSTER & FOSTER INC188 10/27/2023 299209 17.51 RESTROOM KEYS 010.4213.5604 FRANK'S LOCK & KEY189 10/27/2023 299210 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 BROOKE GUITON190 10/27/2023 299211 351.00 ELEVATOR MAINT-3RD QTR 2023 010.4213.5303 HEACOCK ELEVATOR CO.191 10/27/2023 299212 1,900.00 EMERGENCY TREE REMOVAL-MASON STREET 220.4303.5303 JTS INC192 10/27/2023 299213 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KAYLA KING193 10/27/2023 299214 954.00 CASH FOR GRASS-954 SQFT 226.4306.5554 THOMAS KORMAN194 10/27/2023 299215 110.00 REIMBURSEMENT FOR PICKLEBALL PRIZES 010.4424.5351 MAUREEN LEWIS195 10/27/2023 299215 250.00 10/14 PICKLEBALL TOURNAMENT 010.4424.5351 MAUREEN LEWIS196 10/27/2023 299216 240.00 08/23 OCC FACILITY USAGE- ZUMBA 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST197 10/27/2023 299216 819.00 08/23 OCC FACILITY USE-BASKETBALL 010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST198 10/27/2023 299216 67.50 08/23 CIM SUMMER CAMP 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST199 10/27/2023 299217 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 SANDRA LUNA200 10/27/2023 299218 8,692.36 (1) VARIABLE FREQUENCY DRIVE FOR IRRIGATION 010.4430.5303 MELLO & SON'S PUMPS & MOTORS201 10/27/2023 299219 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 SONIA MENDOZA202 10/27/2023 299220 2,995.00 08/23 SCIENCE IN MOTION CAMPS 010.4424.5351 MINDS IN MOTION OF NJ LLC203 10/27/2023 299221 237.03 FLEX SEAL - 2 GALL 010.4213.5604 MINER'S ACE HARDWARE, INC204 10/27/2023 299221 25.84 SAFETY GLASSES, COBWEB BRUSH 010.4213.5604 MINER'S ACE HARDWARE, INC205 10/27/2023 299221 140.05 (2) 10PK LED BULBS 010.4213.5604 MINER'S ACE HARDWARE, INC206 10/27/2023 299221 43.86 BATTERIES, PRIMER, ANCHORS 010.4213.5604 MINER'S ACE HARDWARE, INC207 10/27/2023 299221 41.99 (3) GLOVES 010.4420.5605 MINER'S ACE HARDWARE, INC208 10/27/2023 299221 64.64 AQUAPHALT ASPHALT PATCH 220.4303.5613 MINER'S ACE HARDWARE, INC209 10/27/2023 299221 34.46 (2) TOILET FLUSH VALVE 010.4430.5604 MINER'S ACE HARDWARE, INC210 10/27/2023 299221 34.46 (2) TOILET FLAPPERS 010.4430.5604 MINER'S ACE HARDWARE, INC211 10/27/2023 299221 47.39 RECIPROCATING SAW BLADES 010.4430.5604 MINER'S ACE HARDWARE, INC212 10/27/2023 299222 59.47 PW-56 TIRE SENSOR 010.4420.5603 MULLAHEY FORD213 10/27/2023 299223 84.15 2.5 GALL RED ARMOR OIL 010.4420.5603 NOBLE SAW, INC214 10/27/2023 299223 30.49 HEDGE TRIMMER REPAIR 010.4430.5603 NOBLE SAW, INC215 10/27/2023 299224 1,100.00 10/27 &10/28 DJ SVCS-MARATHON 010.4424.5252 RICHARD J NORMAN216 10/27/2023 299225 166.42 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC217 10/27/2023 299226 11,101.92 ELECTRIC 010.4145.5401 PACIFIC GAS & ELECTRIC COPage 16 of 243
CITY OF ARROYO GRANDECHECK LISTINGOCTOBER 16 - OCTOBER 31, 2023ATTACHMENT 1Check Date Check # Amount Description Acct # Vendor Name218 10/27/2023 299226 $ (24.77) ELECTRIC 217.4460.5355 PACIFIC GAS & ELECTRIC CO219 10/27/2023 299226 2,449.33 ELECTRIC 612.4610.5402 PACIFIC GAS & ELECTRIC CO220 10/27/2023 299226 4,872.53 ELECTRIC 640.4711.5402 PACIFIC GAS & ELECTRIC CO221 10/27/2023 299226 8,375.33 ELECTRIC 640.4712.5402 PACIFIC GAS & ELECTRIC CO222 10/27/2023 299226 1,628.18 ELECTRIC 010.4307.5402 PACIFIC GAS & ELECTRIC CO223 10/27/2023 299227 100.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 HALEY PAUL224 10/27/2023 299228 1,000.00 START CHANGE FOR MARATHON MONSTER MASH 010.0000.1033 PETTY CASH225 10/27/2023 299229 29.88 REC DEPT MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY226 10/27/2023 299229 24.13 CITY HALL MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY227 10/27/2023 299229 45.63 WOMENS CLUB MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY228 10/27/2023 299229 27.63 PD MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY229 10/27/2023 299229 29.88 REC DEPT MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY230 10/27/2023 299229 24.13 CITY HALL MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY231 10/27/2023 299229 45.63 WOMENS CLUB MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY232 10/27/2023 299229 27.63 PD MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY233 10/27/2023 299229 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY234 10/27/2023 299229 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY235 10/27/2023 299229 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY236 10/27/2023 299229 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY237 10/27/2023 299229 34.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY238 10/27/2023 299229 15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY239 10/27/2023 299229 15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY240 10/27/2023 299229 34.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY241 10/27/2023 299229 34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY242 10/27/2023 299229 54.26 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY243 10/27/2023 299229 54.26 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY244 10/27/2023 299229 34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY245 10/27/2023 299229 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY246 10/27/2023 299229 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY247 10/27/2023 299229 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY248 10/27/2023 299229 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY249 10/27/2023 299229 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY250 10/27/2023 299229 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY251 10/27/2023 299229 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY252 10/27/2023 299229 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY253 10/27/2023 299229 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY254 10/27/2023 299229 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLYPage 17 of 243
CITY OF ARROYO GRANDECHECK LISTINGOCTOBER 16 - OCTOBER 31, 2023ATTACHMENT 1Check Date Check # Amount Description Acct # Vendor Name255 10/27/2023 299229 $ 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY256 10/27/2023 299229 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY257 10/27/2023 299229 44.35 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY258 10/27/2023 299229 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY259 10/27/2023 299229 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY260 10/27/2023 299229 42.87 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY261 10/27/2023 299230 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 ADRIENNE RULE262 10/27/2023 299231 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 CHRISTINE SARUWATARI263 10/27/2023 299232 99.00 REFUND-AYSO THANSGIVING CAMP 010.0000.4605 NATACHA SEDEEK264 10/27/2023 299233 119.07 VALVE BOX, VALVE COVER 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC265 10/27/2023 299234 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 DESI SLUSKI266 10/27/2023 299235 16,700.00 SMARTSHARE ADU AFFORABLE HOUSING WORKSHOP 260.4565.5303 SMARTSHARE HOUSING SOLUTIONS267 10/27/2023 299236 268.72 REC DEPT -NEW TOILET 010.4213.5604 STREATOR PIPE & SUPPLY268 10/27/2023 299237 90.00 T-3 CERT RENEWAL 640.4712.5501 SWRCB-DWOCP269 10/27/2023 299238 79.90 CC ORD INTRO PURCHASING SYSTEM 010.4002.5301 THE MCCLATCHY COMPANY LLC270 10/27/2023 299238 86.70 PC PH EL CAMINO REAL 010.4130.5301 THE MCCLATCHY COMPANY LLC271 10/27/2023 299238 850.00 BID NOTICE-PUBLIC SAFETY CAMERAS 350.5468.7001 THE MCCLATCHY COMPANY LLC272 10/27/2023 299239 250.00 SLOCAL DESTINATION SUMMIT 010.4001.5501 U.S. BANK273 10/27/2023 299239 149.66 SYMPATHY FLOWERS-MAYOR MARTIN 010.4001.5504 U.S. BANK274 10/27/2023 299239 96.85 LEATHER PORTFOLIO COVER 010.4002.5201 U.S. BANK275 10/27/2023 299239 675.00 TRAINING-UCR REGISTRATION & CERTIFICATE PROG 010.4002.5501 U.S. BANK276 10/27/2023 299239 325.00 MEMBERSHIP- IIMC & CCAC 010.4002.5503 U.S. BANK277 10/27/2023 299239 96.84 LEATHER PORTFOLIO COVER 010.4101.5201 U.S. BANK278 10/27/2023 299239 118.00 SUPPLIES- CANVA PRINTING FOR GRAND JURY 010.4101.5201 U.S. BANK279 10/27/2023 299239 21.00 PARKING-SLO 010.4101.5501 U.S. BANK280 10/27/2023 299239 58.00 SPEC DEPT SUPPLIES-NEWSLETTER 010.4102.5255 U.S. BANK281 10/27/2023 299239 614.18 ITSAVVY-(3) THINKPAD DOCKING SYSTEM 010.4140.5303 U.S. BANK282 10/27/2023 299239 608.81 ZOOM 010.4140.5303 U.S. BANK283 10/27/2023 299239 41.76 MISAC B'FAST MEETING 010.4140.5501 U.S. BANK284 10/27/2023 299239 36.64 WEBCAM 010.4140.5602 U.S. BANK285 10/27/2023 299239 50.20 AUTHORIZE.NET CC FEE 010.4145.5555 U.S. BANK286 10/27/2023 299239 260.99 UNIFORMS-HAT 010.4201.5272 U.S. BANK287 10/27/2023 299239 1,091.01 OFFICE SUPPLIES-TONER 010.4201.5201 U.S. BANK288 10/27/2023 299239 286.69 EMPLOYEE WELLNESS SUPPLIES 010.4201.5201 U.S. BANK289 10/27/2023 299239 64.55 KITCHEN SUPPLIES 010.4201.5201 U.S. BANK290 10/27/2023 299239 25.28 COMMUNITY RELATIONS-BAGS 010.4201.5504 U.S. BANK291 10/27/2023 299239 352.38 COMMUNITY RELATIONS-CUPCAKES 010.4201.5504 U.S. BANKPage 18 of 243
CITY OF ARROYO GRANDECHECK LISTINGOCTOBER 16 - OCTOBER 31, 2023ATTACHMENT 1Check Date Check # Amount Description Acct # Vendor Name292 10/27/2023 299239 $ 293.40 TRAINING/CONFERENCE-REGISTRATION 010.4201.5501 U.S. BANK293 10/27/2023 299239 3,756.88 COMMUNITY RELATIONS SUPPLIES 010.4201.5504 U.S. BANK294 10/27/2023 299239 282.54 GROUNDS MAINT-QUIKCRETE, POST 010.4201.5605 U.S. BANK295 10/27/2023 299239 21.42 POSTAGE FOR TALLY HO SURVEY 010.4301.5201 U.S. BANK296 10/27/2023 299239 411.08 HOME DEPOT-TOOLS, GRINDER, IMPACT DRIVER 010.4305.5255 U.S. BANK297 10/27/2023 299239 1,738.78 NEW SEAT FOR TORO MOWER-EBAY 010.4420.5603 U.S. BANK298 10/27/2023 299239 324.71 TRASH CAN LIDS-HOME DEPOT 010.4420.5605 U.S. BANK299 10/27/2023 299239 377.43 DOG WASTE BAGS 010.4420.5605 U.S. BANK300 10/27/2023 299239 120.00 TEAMUP CALENDAR SUBSCRIPTION 010.4421.5303 U.S. BANK301 10/27/2023 299239 199.00 CPRS REGISTRATION 010.4421.5501 U.S. BANK302 10/27/2023 299239 50.00 SLOCAL DESTINATION SUMMIT 010.4421.5501 U.S. BANK303 10/27/2023 299239 58.65 FACEBOOK ADS 010.4421.5504 U.S. BANK304 10/27/2023 299239 87.39 WEBCAM FOR REC 010.4421.6001 U.S. BANK305 10/27/2023 299239 104.61 HUMDINGER BREWRY 010.4423.5253 U.S. BANK306 10/27/2023 299239 229.98 STAFF SUPPLIES- TACOS ACUPULCO 010.4423.5254 U.S. BANK307 10/27/2023 299239 125.80 AMAZON-A-FRAME STREET SIGN 010.4424.5251 U.S. BANK308 10/27/2023 299239 107.67 RESISTANCE BANDS FOR SR FITNESS 010.4424.5251 U.S. BANK309 10/27/2023 299239 321.75 SANTA MARGARITA FEED-HARVEST FESTIVAL 010.4424.5252 U.S. BANK310 10/27/2023 299239 17.57 OFFICE DEPOT-PRINT FLYERS 010.4424.5252 U.S. BANK311 10/27/2023 299239 1,298.78 CONFETTI EGGS-HARVEST FESTIVAL 010.4424.5252 U.S. BANK312 10/27/2023 299239 1,894.08 SPECIAL EVENT SUPPLIES- HARVEST FESTIVAL 010.4424.5252 U.S. BANK313 10/27/2023 299239 305.73 AD STARR- SOFTBALLS 010.4424.5257 U.S. BANK314 10/27/2023 299239 316.39 SCOREBOARD FOR BASKETBALL 010.4424.5257 U.S. BANK315 10/27/2023 299239 35.00 FACEBOOK AD-SPEC EVENTS PROMOTIONS 010.4424.5353 U.S. BANK316 10/27/2023 299239 502.00 REC DEPT SUPPLIES 010.4425.5255 U.S. BANK317 10/27/2023 299239 254.60 SNACK SUPPLIES 010.4425.5259 U.S. BANK318 10/27/2023 299239 43.09 NEW TABLET CHARGER 612.4610.5602 U.S. BANK319 10/27/2023 299239 241.35 RATCHET SET 640.4712.5273 U.S. BANK320 10/27/2023 299239 120.00 DMV MEDICAL EXAM 640.4712.5315 U.S. BANK321 10/27/2023 299239 443.70 CORDLESS BATTERIES 640.4712.6201 U.S. BANK322 10/27/2023 299239 2,037.78 CORDLESS TOOL SET 640.4712.6201 U.S. BANK323 10/27/2023 299239 83.98 SHIPPING/POSTAGE 010.4201.5208 U.S. BANK324 10/27/2023 299239 338.21 JPIA TRAINING SUPPLIES-JERSEY 010.4307.5501 U.S. BANK325 10/27/2023 299239 40.14 AMAZON-CHAIR BACK SUPPORT 010.4421.5354 U.S. BANK326 10/27/2023 299239 182.44 PATROL SUPPLIES-TABLET & SUBSCRIPTION 010.4203.5255 U.S. BANK327 10/27/2023 299239 499.58 UNIFORMS-PANTS, SHIRTS 010.4203.5272 U.S. BANK328 10/27/2023 299239 48.00 UNIFORMS-PATCHES 010.4203.5272 U.S. BANKPage 19 of 243
CITY OF ARROYO GRANDECHECK LISTINGOCTOBER 16 - OCTOBER 31, 2023ATTACHMENT 1Check Date Check # Amount Description Acct # Vendor Name329 10/27/2023 299239 $ 242.42 UNIFORM-SHIRT, PANTS 010.4203.5272 U.S. BANK330 10/27/2023 299239 349.76 UNIFORMS-HATS 010.4203.5272 U.S. BANK331 10/27/2023 299239 20.74 UNIFORMS-PATCHES 010.4203.5272 U.S. BANK332 10/27/2023 299239 133.51 TRAINING-LODGING 010.4203.5501 U.S. BANK333 10/27/2023 299239 124.25 TRAINING-LODGING 010.4203.5501 U.S. BANK334 10/27/2023 299239 1,009.20 TRAINING-LODGING 010.4203.5501 U.S. BANK335 10/27/2023 299239 65.04 DEBRIEF 010.4203.5501 U.S. BANK336 10/27/2023 299239 98.52 CHECKPOINT DEBRIEF 010.4203.5501 U.S. BANK337 10/27/2023 299239 62.06 FUEL 010.4203.5608 U.S. BANK338 10/27/2023 299239 90.50 FUEL 010.4203.5608 U.S. BANK339 10/27/2023 299239 115.62 SUPPORT SVC SUPPLIES-PEPPER SPRAY 010.4204.5255 U.S. BANK340 10/27/2023 299239 98.00 UNIFORMS-HEADGEAR 010.4204.5272 U.S. BANK341 10/27/2023 299239 612.24 UNIFORMS-PATROL VEST COVER 010.4204.5272 U.S. BANK342 10/27/2023 299239 10.00 FREIGHT 010.4204.5272 U.S. BANK343 10/27/2023 299239 750.00 TRAINING-REGISTRATION 010.4204.5501 U.S. BANK344 10/27/2023 299239 6.00 PARKING-SLO 010.4204.5501 U.S. BANK345 10/27/2023 299239 1,693.28 TRAINING-REGISTRATION 010.4204.5501 U.S. BANK346 10/27/2023 299239 38.04 UPGRADED IPAD RUGGED CASE 010.4140.5702 U.S. BANK347 10/27/2023 299239 81.12 AMAZON--ADAPTER, SPEAKERS 010.4421.5701 U.S. BANK348 10/27/2023 299239 130.00 MISAC MEMBERSHIP RENEWAL 010.4140.5503 U.S. BANK349 10/27/2023 299240 84.93 KONICA COPIER METER READ 09/23 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)350 10/27/2023 299241 928.28 PAYROLL FOR: WK END 10/08 010.4420.5303 UNITED STAFFING ASSOC.351 10/27/2023 299241 928.28 PAYROLL FOR:WK END 10/18 010.4420.5303 UNITED STAFFING ASSOC.352 10/27/2023 299242 1,000.00 WOMENS CLUB DEPOSIT REFUND 010.0000.2206 MARICRUZ VEGA353 10/27/2023 299242 (27.00) BOUNCE HOUSE FEE 010.0000.4354 MARICRUZ VEGA354 10/27/2023 299242 (212.00) CHAIR & TABLE RENTAL 010.0000.2032 MARICRUZ VEGA355 10/27/2023 299242 (52.00) 2 ADD'L HRS SPVR 010.0000.4655 MARICRUZ VEGA356 10/27/2023 299243 74.07 ACCT#208620661-00004 REC CELL 010.4425.5255 VERIZON WIRELESS357 10/27/2023 299244 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 BRIAN WALKER358 10/27/2023 299245 2,331.20 NORTHERN CITIES STAFF EXTENSION 640.4710.5303 WATER SYSTEMS CONSULTING INC359 10/27/2023 299246 58.99 (2) 5 GALL AGAVE 010.4420.5605 WEST COVINA NURSERIES360 10/27/2023 299247 52.50 09/23 PROF LEGAL SVCS- SM WATER 640.4710.5575 WHITE BRENNER LLP361 10/27/2023 299247 2,808.00 09/23 SM WATER ADJ IMPLMTN 640.4710.5575 WHITE BRENNER LLP362 10/27/2023 299248 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 BRITANI WONDER363 10/27/2023 299248 106.00 PARK RENTAL REFUND-ELM ST 010.0000.4354 BRITANI WONDER364 10/27/2023 299249 1,323.00 YOUTH EVOLUTION BASKETBALL FALL SESSION 010.4424.5351 YOUTH EVOLUTION BASKETBALL $ 1,505,882.99 Page 20 of 243
ATTACHMENT 2
.
General Fund 405,278.30 5101 Salaries Full time 272,259.41
Streets Fund 22,530.75 5101 Volunteer Employee Retirement -
Sewer Fund 11,160.71 5102 Salaries Part-Time - PPT 2,931.39
Water Fund 23,819.11 5103 Salaries Part-Time - TPT 7,520.90
462,788.87 5105 Salaries OverTime 26,278.94
5106 Salaries Strike Team OT -
5107 Salaries Standby 1,910.90
5108 Holiday Pay 3,182.03
5109 Sick Pay 5,801.21
Administrative Services - 5110 Annual Leave Buyback -
Information Services - 5111 Vacation Buyback -
Community Development 616.32 5112 Sick Leave Buyback -
Police 21,825.27 5113 Vacation Pay 6,361.50
Public Works - Maintenance 2,825.57 5114 Comp Pay 2,903.90
Public Works - Enterprise 1,011.78 5115 Annual Leave Pay 9,251.93
Recreation - Administration - 5116 Salaries - Police FTO -
Recreation - Special Events - 5121 PERS Retirement 39,421.42
Children In Motion - 5122 Social Security 24,656.74
26,278.94 5123 PARS Retirement 111.14
5126 State Disability Ins. 3,000.14
5127 Deferred Compensation 725.00
5131 Health Insurance 49,642.28
5132 Dental Insurance 2,835.68
5133 Vision Insurance 769.40
5134 Life Insurance 387.39
5135 Long Term Disability 596.94
5137 Leave Payouts -
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 637.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 243.13
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 1,210.00
462,788.87
OVERTIME BY DEPARTMENT:
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
09/29/2023 - 10/12/2023
10/20/2023
BY FUND BY ACCOUNT
Page 21 of 243
1 Item 9.b.
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
November 14, 2023, 5:30 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, Interim Public Works Director Shannon
Sweeney
This meeting was conducted in a hybrid in-person/virtual format.
CLOSED SESSION MEETING 5:30 P.M.
1. CALL TO ORDER
Mayor Ray Russom called the meeting to order at 5:30 p.m.
2. ROLL CALL
City Clerk Matson took roll call. Mayor Pro Tem Barneich and Council Member Secrest were absent at the time
of roll call.
Council Member Secrest joined the meeting at 5:31 p.m.
3. FLAG SALUTE
Mayor Ray Russom led the flag salute.
4. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Ray Russom invited public comment. No 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) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: In re: Aqueous Film-Forming Foams Products Liability Litigation, Case No.
2:18-mn-2873-RMG
Page 22 of 243
2 Item 9.b.
The City Council adjourned to Closed Session at 5:32 p.m.
6. ADJOURNMENT
The City Council adjourned Closed Session at 5:50 p.m.
REGULAR MEETING 6:00 P.M.
_____________________________________________________________________
1. CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Clerk Matson took roll call.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Anne McCrackin, Arroyo Grande Valley Kiwanis led the flag salute.
5. AGENDA REVIEW
5.a Closed Session Announcements
City Attorney Rosen announced that the Council considered the item in Closed Session and
voted 4-0 to opt out of the settlement.
5.b Ordinances read in title only
Moved by Mayor Ray Russom
Seconded by Mayor Pro Tem Barneich
Move that all ordinances presented at the meeting shall be read by title only and all further
readings be waived.
AYES (5): Mayor Ray Russom, Mayor Pro Tem Barneich, Council Member George, Council
Member Guthrie, and Council Member Secrest
Passed (5 to 0)
6. SPECIAL PRESENTATIONS
6.a Honorary Proclamation Recognizing November 2023 as "Family Court Awareness Month"
Mayor Ray Russom read the Honorary Proclamation Recognizing November 2023 as "Family
Court Awareness Month". Tina Swithen accepted the proclamation.
No action was taken on this item.
6.b Honorary Proclamation Recognizing November 13-19, 2023 as "National Apprenticeship
Week"
Page 23 of 243
3 Item 9.b.
Mayor Ray Russom read the Honorary Proclamation Recognizing November 13-19, 2023 as
"National Apprenticeship Week". Cory Black, accepted the proclamation.
No action was taken on this item.
6.c Introduction of New Employee Ryan Bird, FCFA Battalion Chief
Chief Lieberman introduced Ryan Bird as Five Cities Fire Authority's new Battalion Chief and
highlighted his educational and professional background.
6.d Interim City Manager Communications
Interim City Manager Robeson provided an update on the Corbett Canyon Creek Restoration
Project; Arroyo Grande Creek clean up; parklet installations; ROW Project at 191 Tally Ho Road;
and planter installation at Short Street. Interim City Manager Robeson responded to questions
from Council.
Mayor Ray Russom invited public comment. Speaking from the public was Alexandria. No
further public comments were received.
No action was taken on this item.
Receive correspondence/comments as presented by the Interim City Manager and Provide
direction, as necessary.
7. CITY COUNCIL REPORTS
None.
Reports are made during the Second Council Meeting each month.
8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public was No Name Provided. No
further public comments were received.
9. CONSENT AGENDA
Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the
consent agenda for further discussion.
Staff responded to questions from Council regarding Item 9.c.
Mayor Ray Russom invited public comment. No public comments were received.
Moved by Mayor Pro Tem Barneich
Seconded by Council Member George
Approve Consent Agenda Items 9.a. through 9.e., with the recommended courses of action.
AYES (5): Mayor Pro Tem Barneich, Council Member George, Council Member Guthrie, Council
Member Secrest, and Mayor Ray Russom
Passed (5 to 0)
Page 24 of 243
4 Item 9.b.
9.a Consideration of Cash Disbursement Ratification
1) Ratified the listing of cash disbursements for the period of October 1 through October 15,
2023; 2) Determined that ratifying the cash disbursements is not a project subject to the
California Environmental Quality Act (“CEQA”) because it has no potential to result in either a
direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA
Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
9.b Consideration of Statement of Investment Deposits
1) Received and filed the attached report listing investment deposits of the City of Arroyo
Grande as of September 30, 2023, as required by Government Code Section 53646(b); 2)
Determined that receiving the report of investment deposits is not a project subject to the
California Environmental Quality Act (“CEQA”) because it has no potential to result in either a
direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA
Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
9.c Consideration of Fiscal Year 2022-23 Year End Financial Status Report
Received, considered, and filed the FY 2022-23 Year End Financial Status Report.
9.d Approval of Minutes
Approved the minutes of the Regular Meeting of October 24, 2023 and Special City Council
Meeting of October 30, 2023, as submitted.
9.e Consideration of Acceptance of the Fair Oaks Avenue Waterline Replacement Project, PW
2023-05
1) Accepted the project improvements as constructed by Main Line Engineering Construction,
Inc. in accordance with the plans and specifications for the Fair Oaks Avenue Waterline
Replacement Project, PW 2023-05; 2) Directed staff to file a Notice of Completion; and 3)
Authorized release of retention, thirty-five (35) days after the Notice of Completion has been
recorded, if no liens have been filed.
10. PUBLIC HEARINGS
10.a Public Hearing to Consider the User Fee Study and Adopt a Resolution Updating User
Fees Set Forth in the Comprehensive Fee Schedule
Administrative Services Director Valentine introduced the report and Tony Thrasher, Willdan
Financial Services, provided a presentation on the Cost Allocation Plan and the User Fee
Update. Staff responded to questions from Council.
Mayor Ray Russom opened the public hearing. Upon hearing no public comments, Mayor Ray
Russom closed the public hearing.
Moved by Council Member George
Seconded by Council Member Guthrie
1) Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE UPDATING USER FEES FOR VARIOUS CITY REGULATORY
Page 25 of 243
5 Item 9.b.
ACTIVITIES, PROGRAMS, AND SERVICES SET FORTH IN THE COMPREHENSIVE FEE
SCHEDULE AND FINDING THE ACTION EXEMPT UNDER CALIFORNIA ENVIRONMENTAL
QUALITY ACT"; and 2) Determine that ratifying the Resolution is not a project subject to the
California Environmental Quality Act (“CEQA”) because it has no potential to result in either a
direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA
Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.)
AYES (5): Council Member George, Council Member Guthrie, Council Member Secrest, Mayor
Pro Tem Barneich, and Mayor Ray Russom
Passed (5 to 0)
10.b Public Hearing to Consider Introduction of an Ordinance Amending Title 16 of the Arroyo
Grande Municipal Code Regarding Restrictions on Irrigated Turf and Finding This Action
Exempt from The California Environmental Quality Act
Community Development Director Pedrotti introduced the item and Planning Manager Perez
provided a presentation on the proposed Code amendments pertaining to irrigated turf
restrictions. Staff responded to questions from Council.
Mayor Ray Russom opened the public hearing. Upon hearing no public comments, Mayor Ray
Russom closed the public hearing.
Council discussed the addition of a requirement as part of substantial residential remodels
including that, when 50% or more of the floor area is remodeled, removal of existing front yard
turf and the reduction of backyard turf will be required.
Moved by Council Member George
Seconded by Mayor Ray Russom
1) Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE
MUNICIPAL CODE REGARDING RESTRICTIONS ON IRRIGATED TURF AND FINDING THE
ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT";
amending Section 16.84 of the Arroyo Grande Municipal Code regarding installation and
maintenance of irrigated turf, with the amendment requiring substantial residential remodels of
50% or more be required to remove existing front yard turf and reduce backyard turf; and 2)
Determine that the Ordinance amendments are exempt under the California Environmental
Quality Act as set forth in the proposed Ordinance, pursuant to State Guidelines Sections
15060(c)(2),(3), 15378, and in the alternative, State CEQA Guidelines Section 15061(b)(3).
AYES (5): Council Member George, Mayor Ray Russom, Council Member Guthrie, Council
Member Secrest, and Mayor Pro Tem Barneich
Passed (5 to 0)
11. OLD BUSINESS
None.
Page 26 of 243
6 Item 9.b.
12. NEW BUSINESS
12.a Consideration of Appointment of a Primary Board Member to Serve on the Central Coast
Community Energy Policy Board for 2023-2025
City Clerk Matson presented the staff report and recommended that the Council appoint a
Council member to serve as the primary representative on the Central Coast Community
Energy (CCCE) Policy Board for a two-year term beginning December 1, 2023, and ending
November 30, 2025.
Mayor Ray Russom invited public comment. Speaking from the public was Alexandria. No
further public comments were received.
Council Member Guthrie expressed interest in serving on the Board. Mayor Ray Russom
nominated Council Member Guthrie to serve on the CCCE Policy Board.
Mayor Pro Tem Barneich shared information regarding rates and CCCE billing.
Moved by Mayor Ray Russom
Seconded by Council Member George
Appoint Council Member Guthrie to serve as the primary representative on the Central Coast
Community Energy (CCCE) Policy Board for a two-year term beginning December 1, 2023, and
ending November 30, 2025
AYES (5): Mayor Ray Russom, Council Member George, Council Member Guthrie, and Council
Member Secrest, and Mayor Pro Tem Barneich
Passed (5 to 0)
13. COUNCIL COMMUNICATIONS
Mayor Ray Russom commented on an email she received regarding a fee waiver for Tally Ho residents
and requested staff bring back a discussion item on a future City Council agenda. Mayor Pro Tem
Barneich and Council Member Secrest concurred.
14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the
meeting at 7:53 p.m. in honor of the City Council and thankfulness for their hard work.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk
Page 27 of 243
1 Item 9.b.
ACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
November 17, 2023, 10:00 a.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, Human Resources Officer
Tashina Ureno, Recreation Services Director
Sheridan Bohlken, Police Chief Michael
Martinez, Interim Public Works Director
Shannon Sweeney
This meeting was held in a hybrid in-person and virtual format.
_____________________________________________________________________
1. CALL TO ORDER
Mayor Ray Russom called the meeting to order at 10:00 a.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 comments were received.
5. CLOSED SESSION
City Attorney Rosen announced the City Council will recess to a closed session for the following:
Page 28 of 243
2 Item 9.b.
a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1):
PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
City Council adjourned to Closed Session at 10:02 a.m.
City Council returned to Open Session at 6:10 p.m. City Attorney Rosen announced that there was no
reportable action.
6. ADJOURNMENT
The meeting was adjourned at 6:11 p.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk
Page 29 of 243
1
ACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
November 18, 2023, 9:00 a.m.
City Council Chamber
215 E 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
_____________________________________________________________________
1. CALL TO ORDER
Mayor Ray Russom called the meeting to order at 9:01 a.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 the City Council will recess to a closed session for the following:
a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1):
PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
City Council adjourned to Closed Session at 9:03 a.m.
City Council returned to Open Session at 11:44 a.m. City Attorney Rosen announced that there was no
reportable action.
Page 30 of 243
2
6. ADJOURNMENT
The meeting was adjourned at 11:45 a.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk
Page 31 of 243
Item 9.c.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Associate Planner
SUBJECT: Consider a Resolution Approving TUP 23-012; Authorize the Village
Holiday Parade & Jingle Bell Dash on December 3, 2023; Approve
Street Closures in the Village; and Find the Action Categorically
Exempt from CEQA Pursuant to Section 15304(e)
DATE: November 28, 2023
SUMMARY OF ACTION:
Approval of the Temporary Use Permit will authorize the Arroyo Grande Holiday Parade
in the Village and allow staff to implement safety measures, including closure of: East and
West Branch Streets between Traffic Way and Mason Street; Olohan Alley; and the
portion of Wesley Street between West Branch Street and Larchmont Drive.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The staff costs associated with the street closures for this event are equivalent to a
medium road closure event, which has a cost of $15,866 per the City’s recently adopted
fee schedule set to take effect on January 16, 2024. As a City event, the City is
responsible for costs associated with the event. The City is seeking sponsorships to help
offset the cost of the event.
RECOMMENDATION:
Adopt a Resolution approving Temporary Use Permit 23-012 authorizing the Arroyo
Grande Holiday Parade and Jingle Bell Dash in the Village and approving the closure of
streets.
BACKGROUND:
The Arroyo Grande Holiday Parade had been held for several decades, started by Eddie
El Helou, previous owner of Broadway Jewelers in 2003, traditionally on the Sunday
immediately following Thanksgiving. The City has traditionally co-sponsored this event;
however, starting last year, the City has acted as the sole applicant due to the lack of a
community sponsor.
Page 32 of 243
Item 9.c.
City Council
Consider a Resolution Approving TUP 23-012; Authorize the Village Holiday
Parade & Jingle Bell Dash on December 3, 2023; Approve Street Closures in the
Village; and Find the Action Categorically Exempt from CEQA Pursuant to
Section 15304(e)
November 28, 2023
Page 2
ANALYSIS OF ISSUES:
This year’s event is proposed to be held on December 3, 2023, the Sunday one week
after Thanksgiving, based on community input regarding the scheduling of the event. The
Recreation Services Department published a survey in 2022 requesting community input
regarding the date and time of the event. Responses to the survey indicated
overwhelming support for the event to take place on December 3rd and to begin at 5:00
pm rather than 6:00 pm. The City has received one sponsorship for this event totaling
$1,000.00.
This year’s event will include two separate events utilizing the same road closure: the
Jingle Bell Dash and the Holiday Parade. The Jingle Bell Dash is a road race for the
community’s youth, utilizing the closed portion of Branch Street in the Village. Jingle bells
will be given to all participants to attach to their shoes and the race will be run in a
horseshoe pattern with increasing distances for older age groups. There will be eight (8)
separate categories with ages ranging from Pre-K to 6th grade. Registration for the Jingle
Bell Dash will begin at 3:30 pm. The races will begin at 4:30 pm and conclude at 4:50 pm
to allow enough transition time for the parade to begin. Staging for the event will occur in
Olohan Alley.
The proposed route for the Holiday Parade will begin with staging starting at the west end
of Olohan Alley and the parade will officially begin upon the eastbound entrance to Mason
Street, before turning north to East Branch Street. The parade will then continue on East
Branch Street westbound onto West Branch Street and finally turning north on Wesley
Street and into the Bank of America parking lot.
The parade route requires the following traffic control from 3:00 pm to 8:00 pm on
December 3, 2023:
1. “No Parking” restrictions and the closure of Olohan Alley from Bridge Street to
Mason Street;
2. Closure of Branch Street from Mason Street to Wesley Street;
3. Closure of Wesley Street from West Branch Street to Larchmont Drive.
City staff is proposing the “No Parking” restrictions in Olohan Alley to begin at 12:00 pm
and conclude at 8:00 pm on December 3rd. A map depicting road closures, detour routes
and event areas is included as Exhibit B to the proposed Resolution, and the no parking
restrictions will be posted a minimum of 72 hours ahead of the event.
ALTERNATIVES:
1. Adopt a Resolution approving Temporary Use Permit 2 3-012 authorizing the
Village Holiday Parade & Jingle Bell Dash and approving the closure of City
streets;
Page 33 of 243
Item 9.c.
City Council
Consider a Resolution Approving TUP 23-012; Authorize the Village Holiday
Parade & Jingle Bell Dash on December 3, 2023; Approve Street Closures in the
Village; and Find the Action Categorically Exempt from CEQA Pursuant to
Section 15304(e)
November 28, 2023
Page 3
2. Modify and adopt a Resolution approving Temporary Use Permit 2 3-012
authorizing the Village Holiday Parade & Jingle Bell Dash and approving the
closure of City streets;
3. Do not adopt a Resolution approving Temporary Use Permit 23-012 authorizing
the Village Holiday Parade & Jingle Bell Dash and approving the closure of City
streets; or
4. Provide direction to staff.
ADVANTAGES:
The parade & Jingle Bell Dash serves as a community event that allows citizens and
visitors to celebrate the holiday season with organized activities in the Village.
DISADVANTAGES:
“No Parking” restrictions and the closure of sections of Branch Street, Olohan Alley and
portions of Wesley Street will have an impact on traffic congestion and parking. Motorists
driving in the area surrounding the parade route will have to use detours to get to their
destinations, which may increase travel time.
ENVIRONMENTAL REVIEW:
The authorization of the Holiday Parade and Jingle Bell Dash and closure of City streets
is categorically exempt from the California Environmental Quality Act (“CEQA”) under the
Class 4 exemption, which applies to minor public or private alterations in the condition of
land, water, and/or vegetation where the project does not involve removal of healthy,
mature, scenic trees except for forestry and agricultural purposes. (State CEQA
Guidelines, § 15304.) The Class 4 exemption applies to this project because it involves a
minor temporary use of land having negligible or no permanent effects on the
environment.
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. Additionally, City staff will be contacting affected
property owners and businesses located in the area of street closures.
Attachments:
1. Proposed Resolution
Page 34 of 243
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
CASE NO. 23-012 AUTHORIZING THE VILLAGE HOLIDAY
PARADE AND JINGLE BELL DASH ON SUNDAY, DECEMER 3,
2023 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY
MEASURES INCLUDING NO PARKING ZONES AND STREET
CLOSURES AND FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, the City has applied for a Temporary Use Permit for the Holiday Parade and Jingle
Bell Dash event which, amongst other things, helped establish conditions to ensure the safety of
the event; and
WHEREAS, the implementation of safety measures including no parking zones and street
closures will help to facilitate a safety for all individuals participating in the event and traveling
through the Village area; and
WHEREAS, the Arroyo Grande Municipal Code (AGMC) provides for the issuance of Temporary
Use Permits for events, AGMC Section 10.16.050 authorizes the City Council to restrict parking
on any street, and California Vehicle Code Section 21101(e) authorizes the closure of streets for
parades and local special events; and
WHEREAS, the Holiday Parade and Jingle Dash and the closure of City streets to hold the event
provides a public benefit by furthering a sense of community pride; and
WHEREAS, the City Council finds, after due study, the following circumstances exist.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande finds, determines, resolves, and recommends:
1. Recitals. All recitals above are true and correct and hereby incorporated by reference.
2. CEQA. The authorization of the Holiday Parade and Jingle Dash and closure of City streets is
categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 4
exemption, which applies to minor public or private alterations in the condition of land, water,
and/or vegetation where the project does not involve removal of healthy, mature, scenic trees
except for forestry and agricultural purposes. (State CEQA Guidelines, § 15304.) The class 4
exemption applies to this project because it involves a minor temporary use of land having
negligible or no permanent effects on the environment.
3. Findings. The City Councils makes, after due study and deliberation, the following Temporary
Use Permit findings:
a. The operation of the requested use at the location proposed and within the time period
specified will not jeopardize, endanger, or otherwise constitute a menace to the public
Page 35 of 243
RESOLUTION NO.
PAGE 2
health, safety or general welfare. The event subject to this approval has occurred safely
for decades, and occurred successfully after being cancelled on one occasion in 2020
due to the Coronavirus pandemic. A 2022 community survey by the Arroyo Grande
Recreation Department showed overwhelming support for the event to take place on
December 3rd at 5:00 pm.
b. The proposed site is adequate in size and shape to accommodate the temporary use
without material detriment to the use and enjoyment of other properties located
adjacent to and in the vicinity of the site. The route has been planned to occur on
streets that would avoid detriment to adjacent properties, and nearby property owners
have been supportive of the Jingle Bell Dash and Holiday parade since inception, and
affected property owners and businesses will be contacted in advance of the event.
Signs will be posted at a minimum 72 hours in advance to ensure that property owners
are aware that the parade will occur.
c. The proposed site is adequately served by streets or highways having sufficient width
and improvements to accommodate the kind and quantity of traffic that the temporary
use will or could reasonably be expected to generate. The proposed route of the
Holiday Parade has been evaluated by city staff as best suited to the Jingle Bell Dash
and Holiday Parade. The Jingle Bell Dash involves a road race for community youth,
which is best suited to occur on closed city streets. Similarly, the streets proposed for
closure are of sufficient size to allow for the Holiday Parade to occur.
d. Adequate temporary parking to accommodate vehicular traffic to be generated by the
use will be available either on-site or at alternate locations acceptable to the City
Council. This use is expected to generate vehicular traffic which will occur outside the
parade area, and the City will provide for detours to mitigate traffic impacts to motorists.
4. Approval. The City Council hereby approves Temporary Use Permit 23-012, authorizing the
use of City property as presented to the City Council on November 28, 2023, with the above
findings and subject to the conditions as set forth in Exhibit “A,” and the specific road detours
as set forth in Exhibit “B,” attached hereto and incorporated herein by this reference.
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 28th day of November, 2023.
Page 36 of 243
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 37 of 243
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 23-012
GENERAL CONDITIONS:
1. This Temporary Use Permit authorizes the Holiday Parade and Jingle Dash and directs
staff to implement related safety measures including no parking zones and street
closures on Sunday, December 3, 2023.
2. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
3. The event shall occur in substantial conformance with the application and plans on file in
the Community Development Department.
4. The applicant shall comply with all of the Conditions of Approval for Temporary Use Permit
23-012.
5. The applicant shall agree to indemnify and defend at his/her sole expense any action
brought against the City, its agents, officers, or employees because of the issuance of said
approval. The applicant shall reimburse the City, its agents, officers, or employees, for any
court costs and attorney’s fees which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole discretion,
participate at its own expense in the defense of any such action but such participation shall
not relieve applicant of his/her obligations under this condition.
6. The Recreation Services Director shall notify all affected businesses and residents of street
closures and parking restrictions at least 48 hours prior to the event.
7. The applicant shall clean up all debris associated with the event to the satisfaction of the
Public Works Director.
8. Traffic detouring and road closures shall be coordinated by the Police Department.
9. The Public Works Department shall be responsible for ordering and directing the setup of
all traffic control equipment through a private purveyor.
Page 38 of 243
RESOLUTION NO.
PAGE 5
EXHIBIT "B"
ROAD CLOSURE AND DETOUR MAP FOR
TEMPORARY USE PERMIT NO. 23-012
Page 39 of 243
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Item 9.d.
MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, Interim Public Works Director
BY: Shannon Sweeney, Interim Public Works Director/City Engineer
Dave Culver, Police Commander
SUBJECT: Consideration of a Two-Year Extension of the Five-Year Radar Speed
Surveys for Selected City Streets
DATE: November 28, 2023
SUMMARY OF ACTION:
The California Vehicle Code (CVC) requires an Engineering and Traffic Study (E&TS)
documenting radar speed surveys to enable radar enforcement of any speed limit set by
a local jurisdiction. Certification of this survey allows the City Police Department to enforce
these speed limits. The City’s previous radar speed survey was certified on November
27, 2018 for five years. The vehicle code allows for a two -year extension if certain
conditions are met.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The City meets conditions to allow for a two-year extension of its previous radar speed
surveys. Therefore, there are no negative impacts to financial and personnel resources.
RECOMMENDATION:
1) Adopt a Resolution extending the existing five-year radar speed surveys for selected
City streets an additional two years; and 2) Determine that this extension 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 State of California has a mandated process for the establishment of speed limits on
public streets. Speed limits are supported by conducting an Engineering and Traffic
Survey (E&TS or speed survey) following the p rocedures listed in the 2014 California
Manual for Setting Speed Limits published by the Division of Traffic Operations, California
Department of Transportation. Per the CVC, speed surveys are good for a period of 5, 7,
or 14 years depending on roadway conditions and enforcement procedures.
Page 41 of 243
Item 9.d.
City Council
Consideration of a Two-Year Extension of the Five-Year Radar Speed Surveys for
Selected City Streets
November 28, 2023
Page 2
Radar speed surveys were performed on 70 street segments from 2016 to 2018 to allow
for speed limits on these street segments to be set by the City and subsequently for those
speed limits to be enforced. The results of these speed surveys were documented in an
E&TS (Attachment 2).
On November 27, 2018, City Council approved a Resolution certifying the five-year radar
speed surveys for selected City Streets.
Public Works staff met with Police Department staff on October 31, 2023, to discuss the
option of extending the existing radar speed surveys an additional two years . Police
Department staff confirmed that existing radar speed surveys are adequate and all the
conditions necessary for extending the surveys are already met. Police Department staff
also indicated that the California Police Officer Standards and Training agency requires
any officers who use laser or radar in the course of their duties to meet all of the conditions
necessary for the extension. The Police Department met these requirements when the
speed survey was originally approved and meet these requirements now. (See CVC
Section 40802(c)(1))
ANALYSIS OF ISSUES:
The setting of speed limits requires a rational and defensible procedure to maintain the
confidence of the public and legal systems. By following a uniform procedure, agencies
can establish speed limits that are uniform throughout the state and avoid influence from
political pressure or emotional perceptions.
Speed limit determinations rely on the premise that a reasonable speed limit is one that
conforms to the actual behavior of most drivers. For example, measuring drivers' speeds
is a reasonable and effective manner to set speed limits. Speed limits set by an E&TS
are normally set near the 85th percentile speed. The 85th percentile speed is the speed
at or below which 85 percent of the traffic is moving, and statistically represents one
standard deviation above the average speed.
In addition, setting the speed limit arbitrarily low often makes violators of a
disproportionate number of drivers, does not facilitate the orderly movement of traffic, and
requires constant enforcement to maintain compliance. Regardless of the posted speed
limit, most drivers will continue to drive at speeds at which they feel comfortable. The
question then arises, “Why do we even need to post speed limit signs?” In part, posting
speed limit signs:
Provides feedback to the driver, letting them know that most drivers consider the
posted speed to be safe and reasonable.
Allows for fair enforcement for drivers who are going excessively faster or slower
than the speed that most drivers consider safe and reasonable.
Page 42 of 243
Item 9.d.
City Council
Consideration of a Two-Year Extension of the Five-Year Radar Speed Surveys for
Selected City Streets
November 28, 2023
Page 3
Determines many other design criteria such as clear recovery zone distance,
yellow light timing, taper lengths for any type of lane closure or construction, set -
back detectors, size of signs, and other roadway features.
Applicable CVC Sections
Basic Speed Law
The basic speed law is found in CVC Section 22350. It reads: “No person shall drive a
vehicle upon a highway at a speed greater than is reasonable or prudent having due
regard for weather, visibility, the traffic on, and the surface and width of, the highway, and
in no event at a speed which endangers the safety of persons or property.” In other words,
a driver violates the basic speed law if he or she is driving at unsafe speeds, even if that
speed is lower than the posted regulatory speed limit sign.
Prima Facie Speed Limits by Statute
CVC Section 22352 sets the prima facie speed limits in California. The term “prima facie”,
as used in the CVC, is a speed limit that applies when no other specific speed limit is
posted. It is a Latin term meaning “at first face” or “at first appearance”. It sets two speed
limits covering six classes of location. The first speed limit is 15 mph; and it is applicable
to uncontrolled railway crossings; blind, uncontrolled intersections; and alleyways. The
second speed limit is 25 mph; and it is applicable to business and residential areas without
other posted speed limits; school zones, and areas immediately around senior centers.
Speed Limits Requiring an Engineering and Traffic Survey
When an engineering and traffic survey (E&TS) shows that the statutory or prima facie
speed limits are not applicable for the existing conditions, the speed limits can be altered
with the posting of a different speed limit, which must be determined according to the
findings of the E&TS. CVC Section 22358 addresses decreasing local speed limits.
Speed Traps
The CVC prohibits the use of speed traps (Section 40801) as well as the use of any
evidence obtained by use of a speed trap (Section 40803) for the purpose of prosecution.
A speed trap as defined in CVC Section 40802 is either:
A section of highway marked so that an officer can calculate speed based on the
time it takes a vehicle to travel the marked distance.
The use of radar or other electronic devices that me asure the speed of a moving
object on a section of highway which does not have a current E&TS as required
under CVC.
According to CVC Section 40802, an E&TS is valid for five years. However, under specific
conditions stated in CVC Section 40802, the E&TS may be valid for seven or fourteen
years. Once a speed zone is established at a statutory maximum speed limit (CVC
Section 22349) or higher, no further studies are required, as the CVC requires an E&TS
Page 43 of 243
Item 9.d.
City Council
Consideration of a Two-Year Extension of the Five-Year Radar Speed Surveys for
Selected City Streets
November 28, 2023
Page 4
for speed zone reductions only. The completion date for the E&TS is when the approving
authority signs the E&TS or orders. This date does not have to match the date the strip
map was stamped or the date of the justification memo accompanying the E&TS.
Frequency of Rechecks
According to CVC Section 40802, “Speed Traps,” are sections of highway for which the
speed limit has not been justified by an E&TS within five years, and the enforcement of
the speed limit involves either timing vehicles between a set distance of roadway or using
radar or any other electronic device that measures the speed of moving objects.
The renewal time may be extended to seven years when using radar and all the following
criteria are met:
The citing officer has successfully completed a minimum of 24 hours of certified
radar operator course training.
The radar used to measure the speed meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration and has been
calibrated within three years of the alleged violation.
The renewal time may be extended to seven years when using laser or other electronic
devices (other than radar) and all the following criteria are met:
The citing officer has successfully completed a minimum of 24 hours of certified
radar operator course training.
The citing officer has successfully completed a minimum of 2 hours of additional
approved certified training for laser or other electronic devices.
The device used to measure the speed meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration and has been
calibrated within three years of the alleged violation.
The renewal time provision for an E&TS may be extended to fourteen years if a registered
engineer determines that all the above conditions are met and no significa nt changes in
roadway or traffic conditions have occurred, including major changes in adjacent property
or land use, roadway width, or traffic volume. This determination has not been made at
this time.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt a Resolution allowing a two-year extension of the existing radar speed
surveys.
2. Modify and adopt the Resolution with changes to speed limits on specific streets.
Doing so will make speed limits on those streets unenforceable until new speed
surveys are conducted.
Page 44 of 243
Item 9.d.
City Council
Consideration of a Two-Year Extension of the Five-Year Radar Speed Surveys for
Selected City Streets
November 28, 2023
Page 5
3. Do not extend certification stimulator speed surveys and perform new surveys to
date.
4. Provide other direction to staff.
ADVANTAGES:
Extending the existing radar speed surveys will continue to provide a legal basis for the
Police Department to enforce speed limits on identified City roadway segments.
Establishing appropriate speed limits improves safety. Redoing radar speed surveys will
consume numerous hours of staff time and cost tens of thousands of do llars for a new
E&TS.
DISADVANTAGES:
No disadvantages have been identified for this action.
ENVIRONMENTAL REVIEW:
This extension 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
2. Engineering and Traffic Study
Page 45 of 243
65501.00002\41404558.1
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE EXTENDING THE CERTIFICATION OF
THE 2018 FIVE-YEAR RADAR SPEED SURVEY FOR
SELECTED CITY STREETS
WHEREAS, radar enforcement of any speed limit other than those expressly
established by State Law requires that such speed limits be based on an engineering and
traffic speed survey; and
WHEREAS, speed surveys were conducted on 70 street segments throughout the
City of Arroyo Grande (City) in 2016 and 2018; and
WHEREAS, in 2018, the City’s consultant prepared an Engineering and Traffic
Study (E&TS) documenting the results of the radar speed surveys, and providing
recommendations on all the establishment of speed limits on certain streets in the City in
accordance with the requirements of the California Vehicle Code (CVC); and
WHEREAS, on November 27, 2018, City Council certified the surveys to establish
speed limits on the 70 selected street segments for five years; and
WHEREAS, CVC Section 40802allows the five-year certification of the radar
speed surveys to be extended an additional two years if certain staff training and
equipment calibration exist; and
WHEREAS, the California Police Officer Standards and Training agency requires
any officers who use laser or radar in the course of their duties to meet all of the
conditions in CVC Section 40802(c)(1) necessary for the extension, and the Police
Department met these requirements when the speed survey was originally approved .
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. That the City Council of the City of Arroyo Grande hereby adopts a Resolution to
extend the certification of the 2018 speed surveys on selected city streets an additional two
years to November 27, 2025 as authorized by CVC Section 40802(c)(2)(B)(i)(I).
3. This extension is not a project subject to the California Environmental Quality Act
(“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable
indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd.
(b)(2)-(3), 15378.)
Page 46 of 243
RESOLUTION NO.
PAGE 2
On motion by Council Member ________, seconded by Council Member _______, and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 28th day of November, 2023.
Page 47 of 243
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 48 of 243
2018 CITYWIDE
ENGINEERING AND TRAFFIC SURVEY (E&TS)
FOR THE
CITY OF ARROYO GRANDE
ENGINEERING DIVISION
COMMUNITY DEVELOPMENT DEPARTMENT
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420
FINAL DRAFT
NOVEMBER 2018
PREPARED BY
ATTACHMENT 2
CITY OF
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Pavemont Engimiering Inc.
Page 49 of 243
Table of Contents
INTRODUCTION ....................................................................................................................... 1
ELEMENTS OF THE ENGINEERING AND TRAFFIC SURVEY .................................... 2
Speed Sampling .................................................................................................................... 2
Collision History .................................................................................................................. 4
Conditions Not Readily Apparent To Motorists ............................................................. 4
SURVEY CONDITIONS ........................................................................................................... 5
SURVEY LOCATIONS ............................................................................................................ 5
DATA COLLECTION ............................................................................................................. 5
Speed Data ............................................................................................................................ 5
Collision Data ....................................................................................................................... 5
Field Review Data ................................................................................................................ 6
ANALYSIS ................................................................................................................................... 7
CRITERIA .................................................................................................................................. 7
RESULTS AND RECOMMENDATIONS ............................................................................. 7
SEGMENTS WITH SPECIAL CONDITIONS .................................................................... 12
LEGISLATIVE REFERENCES ................................................................................................ 15
APPLICABLE SECTIONS OF CALIFORNIA VEHICLE CODE ..................................... 15
Basic Speed Law ................................................................................................................. 16
Speed Law Violations ........................................................................................................ 16
Prima Facie Speed Limits .................................................................................................. 16
Increase of Local Speed Limits to 65 Miles Per Hour ................................................... 18
Downward Speed Zoning................................................................................................. 18
Boundary Line Streets ....................................................................................................... 18
Speed Trap Prohibition ..................................................................................................... 19
Speed Trap .......................................................................................................................... 19
Speed Trap Evidence ......................................................................................................... 22
Page 50 of 243
CERTIFICATION
I, Sam Tsz Kin Ho, do hereby certify that this Engineering and Traffic Survey for the
City of Arroyo Grande, California, was prepared under my direct supervision and is
complete and accurate. The registered Civil Engineer attests to the technical
information,contained herein and the engineering data upon which recommendations,
conclusions and decisions are based. I also certify that I am duly registered as a
Professional Civil Engineer in the State of California.
Nov 2. l -Z.o t8 I
Sam Tsz Kin Ho Date
Professional Registered Civil Engineer License Number: C79939
Expires September 30, 2020
Engineering and Traffic Survey
for the City of Arroyo Grande liJ Page 51 of 243
Engineering and Traffic Survey
for the City of Arroyo Grande 1
INTRODUCTION
This Engineering and Traffic Survey is intended to be the basis for the establishment,
revision, and enforcement of speed limits for selected streets within the City of Arroyo
Grande. This Engineering and Traffic Survey presents recommended speed limits for
70 street segments in the City of Arroyo Grande. Engineering and Traffic Surveys are
required by the State of California to establish intermediate speed limits on local streets
and to enforce those limits using radar or other speed measuring devices. These
surveys must be updated every 5 or 7 years to ensure the speeds reflect current
conditions as dictated by the California Vehicle Code (CVC). The CVC also requires
that the surveys be conducted based on the methodology required by The California
Manual on Uniform Traffic Control Devices (CA MUTCD) dated November 2014.
The survey was requested by the City for the proper posting of speed limits and to
enable the Police Department to utilize radar or other electronic speed measuring
devices for speed enforcement. CVC Sections 40801 and 40802 require Engineering and
Traffic Surveys that verify the prima facie speed limit before enforcement by such a
device is legal. The law further specifies that these surveys be conducted every 5 years.
The surveys can be extended to 7 years provided the City's police officer(s) have
completed a 24-hour radar operator course (CVC Section 40802(c)(2)(B)(i)(I)).
Additionally, some surveys may be extended to 10 years if a traffic engineer certifies
that no changes in roadway or traffic conditions have occurred (CVC Section 40802
(c)(2)(B)(i)(II)). These provisions assure that posted speed limits are kept reasonably
current.
The Engineering and Traffic Surveys for the City were conducted in accordance with
procedures outlined in the California Manual on Uniform Traffic Control Devices
(California MUTCD) dated November 2014 and as required by Section 627 of the
California Vehicle Code. The Code further describes three elements of an engineering
and traffic survey:
1.Measurement of prevailing speed;
2.Accident history; and
3.Roadway characteristics not readily apparent to the motorist.
Posted speed limits are established primarily to protect the general public from the
reckless and unpredictable behavior of dangerous drivers. They provide law
enforcement with a clearly understood method to identify and apprehend violators of
the basic speed law (CVC Section 22350). This law states that "No person shall drive a
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Engineering and Traffic Survey
for the City of Arroyo Grande 2
vehicle on a highway at a speed greater than is reasonable or prudent having due
regard for weather, visibility, the traffic on, and the surface and width of the highway,
and in no event at a speed which endangers the safety of persons or property." The
posted speed limit gives motorists a clear warning of the maximum speed that is
reasonable and prudent under typical driving conditions.
The basic fundamentals for establishing speed limits recognize that the majority of
drivers behave in a safe and reasonable manner, and therefore, the normally careful
and competent actions of a reasonable driver should be considered legal. Speed limits
established on these fundamentals conform to the consensus that those who drive the
highway determine what speed is reasonable and safe, not on the judgment of one or
a few individuals. A radar speed study is usually used to record the prevailing speed
of reasonable drivers.
Speed limits are also established to advise drivers of conditions which may not be
readily apparent to a reasonable driver. For this reason, accident history, roadway
conditions, traffic characteristics, and land use must also be analyzed before
determining speed limits. Speed limit changes are usually made in coordination with
physical changes in roadway conditions or roadside developments. Unusually short
zones of less than one-half mile in length should be avoided to reduce driver
confusion.
Additionally, it is generally accepted that speed limits cannot be successfully enforced
without voluntary compliance by a majority of drivers. Consequently, only the driver
whose behavior is clearly out of line with the normal flow of traffic is usually targeted
for enforcement.
ELEMENTS OF THE ENGINEERING AND TRAFFIC SURVEY
The California Manual on Uniform Traffic Control Devices (California MUTCD) dated
November 2014 specifies the methodology to be used for completing Engineering and
Traffic Surveys. This methodology includes an evaluation of current vehicle speeds,
accident history and conditions not readily apparent to motorists. The basic elements
of the Engineering and Traffic Survey are discussed in more detail as follows:
Speed Sampling
Existing vehicle speeds are surveyed by a certified radar operator with a calibrated
radar unit in an unmarked vehicle. Speed samples are taken for each segment
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Engineering and Traffic Survey
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representing a statistically significant sample of current traffic. This data is then
evaluated to identify the distribution of speeds. A key element in the evaluation is the
identification of the 85th percentile speed. The 85th percentile speed is the speed at or
below which 85 percent of the traffic travels. This threshold represents what is
historically found to be a safe and reasonable speed for most drivers based on common
roadway conditions. Therefore, a speed limit is established at the nearest 5-mile per
hour (mph) increment to the 85th percentile speed, except as shown in the two options
below.
Options:
1.The posted speed may be reduced by 5 mph from the nearest 5 mph increment
of the 85th percentile speed, in compliance with CVC Section 627 and 22358.5.
2.For cases in which the nearest 5 mph increment of the 85th percentile speed
would require a rounding up, then the speed limit may be rounded down to the
nearest 5 mph increment below the 85th percentile speed, if no further reduction
is used. Refer to CVC Section 21400(f).
If the speed limit to be posted has had the 5 mph reduction applied, then an E&TS shall
document in writing the conditions and justification for the lower speed limit. The
reasons for the lower speed limit shall be in compliance with CVC Section 627 and
22358.5
The following examples are provided to explain the application of these speed limit
criteria:
A.Using Option 1 above and first step is to round down: If the 85th percentile
speed in a speed survey for a location was 37 mph, then the speed limit would
be established at 35 mph since it is the closest 5 mph increment to the 37 mph
speed. As indicated by the option, this 35 mph established speed limit could be
reduced by 5 mph to 30 mph if conditions and justification for using this lower
speed limit are documented in the E&TS.
B.Using Option 1 above and first step is to round up: If the 85th percentile speed
in a speed survey for a location was 33 mph, then the speed limit would be
established at 35 mph since it is the closest 5 mph increment to the 33 mph
speed. As indicated by the option, this 35 mph speed limit could be reduced by
5 mph to 30 mph if the conditions and justification for using this lower speed
limit are documented in the E&TS.
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Engineering and Traffic Survey
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C.Using Option 2 above and first step is to round up: If the 85th percentile speed
in a speed survey for a location was 33 mph, instead of rounding up to 35 mph,
the speed limit can be established at 30 mph, but no further reduction can be
applied.
Collision History
Reported collisions are reviewed for each street segment to determine if there is a
higher than average rate of collisions. A segment that has an above-average collision
rate typically suggests conditions that are not readily apparent to motorists.
A summary of the collision rates for the 70 surveyed street segments is provided in
Appendix B [ON FILE AT THE CITY].
Conditions Not Readily Apparent To Motorists
Each street segment is field inspected to identify roadway conditions that may not be
readily apparent to motorists. A determination is made whether any conditions are
significant and warrant the recommendation of the speed limit 5 mph or more below
the basic speed limit. It is important to note that The California Manual on Uniform
Traffic Control Devices (California MUTCD) dated November 2014 recommends
exercising great care when establishing speed limits 5 mph or more below the basic
speed limit.
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Engineering and Traffic Survey
for the City of Arroyo Grande 5
SURVEY CONDITIONS
SURVEY LOCATIONS
The procedures below describe the criteria and methods used to survey selected streets
within the City of Arroyo Grande. The specific location of the radar speed survey for
each street segment was selected after considering the following:
1.Minimum stop sign and traffic signal influence.
2.Minimum visibility restrictions.
3.Non-congested traffic flow away from intersections and driveways.
4.Minimum influence from curves or other roadway conditions that would affect
the normal operation of a vehicle.
DATA COLLECTION
Data of existing conditions was obtained including prevailing speed of vehicles, traffic
collisions, visibility restrictions, and roadway conditions within the community. Speed
data and field reviews were conducted at 70 locations during the years of 2016 and
2018. Three locations were used as samples to verify that driver behavior has not
changed over the time period.
Speed Data
Radar speed measurements were conducted at 70 locations during the months of
November-May of 2015-2016 and July-September 2018. All surveys were conducted in
good weather conditions, during off-peak hours on weekdays. The radar unit was
operated from an unmarked vehicle to minimize any influence on driver behavior.
Typically, a minimum sample size of 100 vehicles or the total samples during a
maximum period of 2 hours were obtained for each segment. Traffic speeds in
both/each directions were recorded for individual segments.
Collision Data
Collision data was obtained from the City's SWITRS electronic collision database. For
this study, collision data was used from the latest 4 years of reported accidents from
January 1, 2014 to December 31, 2017. The collision rates for the 70 segments are
expressed in accidents per million vehicle miles (A/MVM). To calculate these rates, 24-
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Engineering and Traffic Survey
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hour traffic volumes were collected for each street segment. This information was then
entered into the following formula to determine the collision rate:
𝑅𝑅=𝐴𝐴 𝑥𝑥 1,000,000 𝑥𝑥 𝐴𝐴 𝑥𝑥 1,000,000𝑡𝑡 𝑥𝑥 365 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑦𝑦𝑑𝑑𝑦𝑦 𝑥𝑥 𝑙𝑙 𝑥𝑥 𝑣𝑣
A = Number of midblock collisions over time period
R = Collision Rate (accidents/million vehicle miles)
t = Time Period Covered (in years)
I = Length of Segment (miles)
v = Traffic Volume (average daily traffic)
The segment collision rate was then compared to the average statewide collision rate.
The average statewide collision rates were obtained from 2015 Collision Data on
California State Highways published by Caltrans.
Field Review Data
A field review was conducted for each of the selected street segments in the City with
consideration for the following factors:
1.Street width and alignment (design speed);
2.Pedestrian activity and traffic flow characteristics;
3.Number of lanes and other channelization and striping patterns;
4.Frequency of intersections, driveways, and on-street parking;
5.Location of stop signs and other regulatory traffic control devices;
6.Visibility obstructions;
7.Land use and proximity to schools;
8.Pedestrian and bicycle usage;
9.Uniformity with existing speed zones and those in adjacent jurisdictions; and
10.Any other unusual condition not readily apparent to the driver.
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Engineering and Traffic Survey
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ANALYSIS
CRITERIA
Survey data was compiled and analyzed to determine the recommended speed limit
in accordance with several criteria contained in The California Manual on Uniform
Traffic Control Devices (California MUTCD) dated November 2014. Some of the
criteria used are:
A.The critical speed or 85th percentile speed is that speed at or below which 85
percent of the traffic is moving. This speed is the baseline value in determining
what the majority of drivers believe is safe and reasonable. Speed limits set
higher than the critical speed are not considered reasonable and safe. Speed
limits set lower than the critical speed make a large number of reasonable
drivers "unlawful," and do not facilitate the orderly flow of traffic. The "basic
speed limit" is the nearest 5 mph increment to the 85th percentile speed.
B.The 10 mile per hour (mph) pace speed is the 10 mph increment that contains
the highest percentage of vehicles. It is a measure of the dispersion of speeds
across the range of the samples surveyed. An accepted practice is to keep the
speed limit within the 10 mph pace while considering the critical speed and
other factors that might require a speed lower than the critical speed.
C.The collision rate for each street segment is compared to average collision rates
that can be reasonably expected to occur on streets and highways in other
jurisdictions, in proportion to the volume of traffic per lane mile. These average
collision rates have been developed by the State of California and are
considered reasonable for use in the City of Arroyo Grande.
RESULTS AND RECOMMENDATIONS
The Engineering and Traffic Survey Forms, presented in Appendix A [ON FILE AT
THE CITY], illustrate results of a thorough evaluation of the available data and
recommend a speed limit for each street segment surveyed. A complete summary of
all recommendations is shown in Table 2. In each case, the recommended speed limit
was consistent with the prevailing behavior as demonstrated by the radar speed
measurements. Typically, a speed limit in the upper range of the 10-mile pace was
selected unless a collision rate significantly higher than expected was discovered or
roadway conditions not readily apparent to the driver were identified. Any segments
with recommended speed limits 5 mph or more below the basic speed limit are fully
explained later in this report.
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Engineering and Traffic Survey
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The Legislature, in adopting Section 22358.5 of the California Vehicle Code (CVC), has
made it clear that physical conditions, such as width, curvature, grade and surface
conditions, or any other condition readily apparent to a driver, in the absence of other
factors, would not be the basis for special downward speed zoning. In these cases, the
basic speed law (CVC Section 22350) is sufficient to regulate such conditions.
The recommendations contained in this Report are intended to establish prima facie
speed limits. They are not intended to be absolute for all prevailing conditions. All
prima facie speed violations are actually violations of the basic speed law (Section
22350 of California Vehicle Code). This statute states that a person shall not drive a
vehicle at a speed greater than is safe having regard for traffic, roadway, and weather
conditions. A prima facie limit is intended to establish a maximum safe speed under
normal conditions.
Table 1 identifies the street segments with recommended changes in posted speed
limits and Table 2 summarizes the recommendations for all surveyed segments.
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Engineering and Traffic Survey
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Table 1: Street Segments with Recommended Speed Changes
Table 2: Summary of Recommendations
#STREET FROM TO DIR POSTED
SPEED (MPH)85TH %ILE RECOMMENDED
SPEED (MPH)
City Limits S. Elm St EB 35
City Limits S. Elm St WB 35
Via Las Aguilas Rancho Parkway EB N/A
Via Las Aguilas Rancho Parkway WB 30
Paseo St Printz Rd NB N/A
Paseo St Printz Rd SB N/A
Huasna Rd Wildwood Dr NB 40
Huasna Rd Wildwood Dr SB 40
Traffic Way Pacific Coast Railway Pl EB N/A
Traffic Way Pacific Coast Railway Pl WB 25
Orchard Ave Traffic Way EB N/A
Orchard Ave Traffic Way WB 35
Bakeman Ln S Elm St EB 35
Bakeman Ln S Elm St WB 35
Rancho Pkwy Hidden Oak Rd EB 40
Rancho Pkwy Hidden Oak Rd WB 40
N Mason St Via La Barranca EB N/A
N Mason St Via La Barranca WB N/A
Le Point St E Branch St NB N/A
Le Point St E Branch St SB N/A
E Grand Ave Blueberry Ave NB 25
E Grand Ave Blueberry Ave SB N/A
S Elm St Gaynfair Tr EB 40
S Elm St Gaynfair Tr WB 40
Fair Oaks Ave Sunrise Tr NB N/A
Fair Oaks Ave Sunrise Tr SB N/A
E Grand Ave Vernon St EB N/A
E Grand Ave Vernon St WB N/A66W BRANCH ST 32.29 30
63 VALLEY RD 41.48 40
59 THE PIKE 37.79 35
47 S COURTLAND ST 32.72 30
40 N MASON ST 25.36 25
36 LE POINT ST 33.22 30
34 JAMES WAY 36.02 35
28 FARROLL AVE 30.34 30
24 FAIR OAKS AVE 29.21 30
14 E CHERRY AVE 35.22 30
9 CORBETT CANYON RD 37.65 35
8 CORBETT CANYON RD 44.01 40
6 CAMINO MERCADO 37.56 35
1 ASH ST 33.88 30
#STREET FROM TO DIR POSTED
SPEED (MPH)85TH %ILE RECOMMENDED
SPEED (MPH)
City Limits S. Elm St EB 35
City Limits S. Elm St WB 35
E Cherry Ave Newsom Springs Rd EB 40
E Cherry Ave Newsom Spring Rd WB 40
Linda Dr El Camino Real NB 35
Linda Dr El Camino Real SB 35
E Grand Ave Linda Dr NB 30
E Grand Ave Linda Dr SB 30
W Branch St Via Las Aguilas EB 30
W Branch St Via Las Aguilas WB N/A
Via Las Aguilas Rancho Parkway EB N/A
Via Las Aguilas Rancho Parkway WB 30
5 CAMINO MERCADO 33.34 30
6 CAMINO MERCADO 37.56 35
3 BRISCO RD 35.15 35
4 BRISCO RD 29.11 30
1 ASH ST 33.88 30
2 BRANCH MILL RD 43.38 40
t
t
t
t
t
t
t
t
t
t
t
t
t
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Engineering and Traffic Survey
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#STREET FROM TO DIR POSTED
SPEED (MPH)85TH %ILE RECOMMENDED
SPEED (MPH)
Printz Rd City Limits NB 45
Printz Rd City Limits SB 45
Paseo St Printz Rd NB N/A
Paseo St Printz Rd SB N/A
Huasna Rd Wildwood Dr NB 40
Huasna Rd Wildwood Dr SB 40
Garden St Huasna Rd EB N/A
Garden St Huasna Rd WB 30
Garden St Paulding Cir EB 30
Garden St Paulding Cir WB 30
Bridge St Mason St EB 25
Bridge St Mason St WB 25
Pacific Coast Railway Pl Branch Mill Rd EB N/A
Pacific Coast Railway Pl Branch Mill Rd WB 35
Traffic Way Pacific Coast Railway Pl EB N/A
Traffic Way Pacific Coast Railway Pl WB 25
Oak St 101 North Off-Ramp EB 35
Oak St 101 North Off-Ramp WB 35
Alpine St Oak St EB 35
Alpine St Oak St WB 35
Brisco Rd Alder St EB 35
Brisco Rd Alder St WB 35
Courtland St Elm St EB 35
Courtland St Elm St WB 35
Oak Park Blvd Robles Rd EB 45
Oak Park Blvd Robles Rd WB 45
Robles Rd Stonecrest Dr EB N/A
Robles Rd Stonecrest Dr WB 40
Stonecrest Dr Brisco Rd EB 40
Stonecrest Dr Brisco Rd WB N/A
N Halcyon Rd Bennett Ave EB 35
N Halcyon Rd Bennett Ave WB 35
Bennett Ave Cornwall Ave NB 35
Bennett Ave Cornwall Ave SB 35
Orchard Ave Traffic Way EB N/A
Orchard Ave Traffic Way WB 35
Valley Rd California St EB 35
Valley Rd California St WB 35
Valley Rd S Halcyon Rd EB 40
Valley Rd S Halcyon Rd WB 40
S Elm St Victorian Ct EB 30
S Elm St Victorian Ct WB 30
Bakeman Ln S Elm St EB 35
Bakeman Ln S Elm St WB 35
N Rodeo Dr S Rodeo Dr NB 35
N Rodeo Dr S Rodeo Dr SB 35
Corbett Canyon Rd Stagecoach Rd EB 40
Corbett Canyon Rd Stagecoach Rd WB 40
29 GRACE LN 37.17 (38.95)35
30 HUASNA RD 40.43 40
27 FARROLL AVE 35.06 (36.31)30
28 FARROLL AVE 30.34 30
25 FAIR OAKS AVE 35.73 35
26 FAIR OAKS AVE 43.09 40
23 EL CAMINO REAL 35.63 35
24 FAIR OAKS AVE 29.21 30
21 EL CAMINO REAL 43.58 (41.59)40
22 EL CAMINO REAL 37.79 35
19 EL CAMINO REAL 46.26 45
20 EL CAMINO REAL 41.59 40
17 E GRAND AVE 39.88 35
18 E GRAND AVE 38.98 35
15 E GRAND AVE 37.64 35
16 E GRAND AVE 37.71 35
13 E CHERRY AVE 34.78 35
14 E CHERRY AVE 35.22 30
11 E BRANCH ST 35.24 30
12 E BRANCH ST 22.25 25
9 CORBETT CANYON RD 37.65 35
10 E BRANCH ST 32.33 30
7 CORBETT CANYON RD 50.31 45
8 CORBETT CANYON RD 44.01 40t
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#STREET FROM TO DIR POSTED
SPEED (MPH)85TH %ILE RECOMMENDED
SPEED (MPH)
Stagecoach Rd City Limits EB 45
Stagecoach Rd City Limits WB 45
Oak Park Blvd Equestrian Way EB 40
Oak Park Blvd Equestrian Way WB 40
Equestrian Way Rancho Pkwy EB 40
Equestrian Way Rancho Pkwy WB 40
Rancho Pkwy Hidden Oak Rd EB 40
Rancho Pkwy Hidden Oak Rd WB 40
Hidden Oak Rd Tally Ho Rd EB 35
Hidden Oak Rd Tally Ho Rd WB 35
N Mason St Via La Barranca EB N/A
N Mason St Via La Barranca WB N/A
E Grand Ave Brighton St NB 25
E Grand Ave Brighton St SB 25
E Grand Ave End of Cul de Sac NB 25
E Grand Ave End of Cul de Sac SB 25
E Grand Ave Bennett Ave NB 35
E Grand Ave Bennett Ave SB N/A
Le Point St E Branch St NB N/A
Le Point St E Branch St SB N/A
Farroll Ave Naples St NB 35
Farroll Ave Naples St SB 35
42 OAK PARK BLVD W Branch St James Way NB 40 42.04 40
43 OAK PARK BLVD James Way Meadowlark Dr NB 40 41.1 40
W Branch St Camino Mercado NB 35
W Branch St Camino Mercado SB 35
Camino Mercado Palos Secos NB 40
Camino Mercado Palos Secos SB 40
Palos Secos Refugio Pl NB 40
Palos Secos Refugio Pl SB 40
E Grand Ave Blueberry Ave NB 25
E Grand Ave Blueberry Ave SB N/A
Blueberry Ave Ash St NB 25
Blueberry Ave Ash St SB 25
E Grand Ave Maple St NB 35
E Grand Ave Maple St SB 35
Ash St Fair Oaks Ave NB 25
Ash St Fair Oaks Ave SB 25
Fair Oaks Ave Farroll Ave NB 30
Fair Oaks Ave Farroll Ave SB 30
The Pike City Limits NB 35
The Pike City Limits SB 35
Park Way Dodson Way NB 35
Park Way Dodson Way SB 35
Dodson Way Fair Oaks Ave NB 40
Dodson Way Fair Oaks Ave SB 40
Fair Oaks Ave The Pike NB 40
Fair Oaks Ave The Pike SB 40
Printz Rd James Way NB 35
Printz Rd James Way SB 35
James Way Via La Barranca NB 30
James Way Via La Barranca SB 3057TALLY HO RD 31.14 30
55 S HALCYON RD 40.36 40
56 TALLY HO RD 35.99 35
53 S HALCYON RD 37.84 35
54 S HALCYON RD 38.23 35
51 S ELM ST 31.53 30
52 S ELM ST 37.39 35
49 S ELM ST 38.27 35
50 S ELM ST 29.87 25
47 S COURTLAND ST 32.72 30
48 S COURTLAND ST 27.97 25
45 RANCHO PKWY 43.57 40
46 RANCHO PKWY 43.27 40
41 OAK PARK BLVD 37.88 35
44 RANCHO PKWY 36.87 35
39 N HALCYON RD 33.8 35
40 N MASON ST 25.36 25
37 N COURTLAND ST 30.06 25
38 N ELM ST 28.42 25
35 JAMES WAY 38.58 35
36 LE POINT ST 33.22 30
33 JAMES WAY 43.84 40
34 JAMES WAY 36.02 35
31 HUASNA RD 45.39 45
32 JAMES WAY 40.73 40t
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SEGMENTS WITH SPECIAL CONDITIONS
The following segments surveyed had recommended speed limits that were 5 miles
per hour or more below the critical speed due to conditions not readily apparent to the
driver. Each segment is discussed in further detail.
Segment #7- Corbett Canyon Road – From Printz Road to To City Limits
•Current Posted Speed Limit : 45 MPH
• 85th Percentile Calculation: 50.31 MPH
• Recommended Speed Limit: 45 MPH
Justification: 5 MPH reduction applied. Low visibility on horizontal curve. Driveways
to residential homes.
Segment #11- E Branch Street – From Garden Street to Paulding Circle
•Current Posted Speed Limit : 30 MPH
•85th Percentile Calculation: 35.24 MPH
•Recommended Speed Limit: 30 MPH
Justification: 5 MPH reduction applied. Neighboring segments are 30 MPH going
eastbound and 25 going westbound This will create potential problems for vehicles
transitioning from a higher speed to a lower speed. Vertical curve is present.
#STREET FROM TO DIR POSTED
SPEED (MPH)85TH %ILE RECOMMENDED
SPEED (MPH)
Del Sol St S Elm St EB 35
Del Sol St S Elm St WB 35
S Elm St Gaynfair Tr EB 40
S Elm St Gaynfair Tr WB 40
Gaynfair Tr S Halcyon Rd EB 40
Gaynfair Tr S Halcyon Rd WB 40
W Branch St Fair Oaks Ave NB N/A
W Branch St Fair Oaks Ave SB 35
Fair Oaks Ave SB HWY 101 On Ramp NB 35
Fair Oaks Ave SB HWY 101 On Ramp SB 35
Fair Oaks Ave Sunrise Tr NB N/A
Fair Oaks Ave Sunrise Tr SB N/A
Sunrise Tr Tiger Tail Dr NB 40
Sunrise Tr Tiger Tail Dr SB 40
101 North Off-Ramp Bridge St EB 25
101 North Off-Ramp Bridge St WB N/A
E Grand Ave Vernon St EB N/A
E Grand Ave Vernon St WB N/A
Vernon St Old Ranch Rd EB 40
Vernon St Old Ranch Rd WB 40
Old Ranch Rd Rodeo Dr EB 40
Old Ranch Rd Rodeo Dr WB N/A
Rancho Pkwy Camino Mercado EB 40
Rancho Pkwy Camino Mercado WB 40
Camino Mercado N Oak Park Blvd EB 40
Camino Mercado N Oak Park Blvd WB 40
69 W BRANCH ST 40.36 40
70 W BRANCH ST 42.37 40
67 W BRANCH ST 41.99 40
68 W BRANCH ST 42.73 40
65 W BRANCH ST 26.25 25
66 W BRANCH ST 32.29 30
63 VALLEY RD 41.48 40
64 VALLEY RD 43.3 40
61 TRAFFIC WAY 35.66 35
62 TRAFFIC WAY 38.2 35
59 THE PIKE 37.79 35
60 THE PIKE 42.91 40
58 THE PIKE 34.75 35
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Segment #14- E Cherry Avenue – From Traffic Way to Pacific Coast Railway
• Current Posted Speed Limit: 25 MPH
• 85th Percentile Calculation: 35.22 MPH
•Recommended Speed Limit: 30 MPH
Justification: 5 MPH reduction applied. Residential on Westbound side. Development
on Eastbound side. Recommend monitoring “ROAD WORK” traffic control during
construction. Once development is completed an E&TS is recommended to reflect
change in travel patterns/behavior.
Segment #17- E Grand Avenue - From Brisco Road to Alder Street
•Current Posted Speed Limit: 35 MPH
• 85th Percentile Calculation: 39.88 MPH
• Recommended Speed Limit: 35 MPH
Justification: 5 MPH reduction applied. The adjacent segments shows travel behavior
at 35 MPH, for consistency in travel flow it is recommended to maintain the same
speed limit through this corridor.
Segment #27 Farroll Avenue - From S Elm Street to Victorian Court
• Current Posted Speed Limit: 30 MPH
• 85th Percentile Calculation: 35.06 MPH
•Recommended Speed Limit: 30 MPH
Justification: 5 MPH reduction applied. Residential driveways and sight distance due
to parked vehicles. This leads to a segment of an existing 25 MPH zone adjacent to this
segment.
Segment #33 James Way - From Equestrian Way to Rancho Parkway
•Current Posted Speed Limit: 40 MPH
• 85th Percentile Calculation: 43.84 MPH
• Recommended Speed Limit: 40 MPH
Justification: 5 MPH reduction applied. Horizontal and Vertical curves in this area.
Will keep traffic consistent with Westbound and Eastbound existing speed limits.
Class II Bike lane facility are present in this segment.
Segment #35 James Way - From Hidden Oak Road to Tally Ho Road
•Current Posted Speed Limit: 35 MPH
• 85th Percentile Calculation: 35.40 MPH (east) 40.79 MPH (west)
• Recommended Speed Limit: 35 MPH
Justification: 5 MPH reduction applied. Both directions have parking on both sides.
Residential homes with driveways on both sides.
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Segment #37 N Courtland Street - From E Grand Avenue to Brighton Street
• Current Posted Speed Limit: 25 MPH
• 85th Percentile Calculation: 30.06 MPH
•Recommended Speed Limit: 25 MPH
Justification: A senior apartment complex is located on the west side of the roadway.
CVC Section 22352 allows adjustment for roadways adjacent to senior facilities when
“SENIOR" warning signs are in place.
Segment #50 S Elm Street - From Ash Street to Fair Oaks Avenue
• Current Posted Speed Limit: 25 MPH
• 85th Percentile Calculation: 29.87 MPH
•Recommended Speed Limit: 25 MPH
Justification: A senior apartment complex is located on the east side of the roadway.
CVC Section 22352 allows adjustment for roadways adjacent to senior facilities when
“SENIOR" warning signs are in place.
Segment #62 Traffic Way - From Fair Oaks Avenue to 101 on Ramp
•Current Posted Speed Limit: 35 MPH
• 85th Percentile Calculation: 40.88 MPH (North) 32.07 (South)
• Recommended Speed Limit: 35 MPH
Justification: 5 MPH reduction applied. Development on north side. Recommend
monitoring “ROAD WORK” traffic control during construction. A traffic signal is
proposed at the intersection of Fair Oaks Ave after E Cherry Development. Once
development is completed an E&TS is recommended to reflect change in travel
patterns/behavior.
Segment #64 Valley Road - From Sunrise Terrace to Tiger Tail Drive
• Current Posted Speed Limit: 40 MPH
• 85th Percentile Calculation: 43.3 MPH
•Recommended Speed Limit: 40 MPH
Justification: 5 MPH reduction applied.
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LEGISLATIVE REFERENCES
APPLICABLE SECTIONS OF CALIFORNIA VEHICLE CODE
SECTION 1. Section 627 of the Vehicle Code:
Section 627.
a)"Engineering and traffic survey," as used in this code, means a survey of
highway and traffic conditions in accordance with methods determined by the
Department of Transportation for use by state and local authorities.
b)An engineering and traffic survey shall include, among other requirements
deemed necessary by the department, consideration of all of the following:
(1)Prevailing speeds as determined by traffic engineering measurements.
(2)Accident records.
(3)Highway, traffic, and roadside conditions not readily apparent to the
driver.
c)When conducting an engineering and traffic survey, local authorities, in
addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision
(b) may consider all of the following:
(1)Residential density, if any of the following conditions exist on the
particular portion of highway and the property contiguous thereto,
other than a business district:
A.Upon one side of the highway, within a distance of a quarter of
a mile, the contiguous property fronting thereon is occupied by 13
or more separate dwelling houses or business structures.
B.Upon both sides of the highway, collectively, within a distance
of a quarter of a mile, the contiguous property fronting thereon is
occupied by 16 or more separate dwelling houses or business
structures.
C.The portion of highway is longer than one-quarter of a mile but
has the ratio of separate dwelling houses or business structures to
the length of the highway described in either subparagraph (A) or
(B).
(2)Pedestrian and bicyclist safety.
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Basic Speed Law
CVC Section 22350.
No person shall drive a vehicle upon a highway at a speed greater than is reasonable
or prudent having due regard for weather, visibility, the traffic on, and the surface and
width of, the highway, and in no event at a speed which endangers the safety of
persons or property.
Speed Law Violations
CVC Section 22351.
(a)The speed of any vehicle upon a highway not in excess of the limits specified in
Section 22352 or established as authorized in this code is lawful unless clearly
proved to be in violation of the basic speed law.
(b)The speed of any vehicle upon a highway in excess of the prima facie speed
limits in Section 22352 or established as authorized in this code is prima facie
unlawful unless the defendant establishes by competent evidence that the speed
in excess of said limits did not constitute a violation of the basic speed law at
the time, place and under the conditions then existing.
Prima Facie Speed Limits
CVC Section 22352.
The prima facie limits are as follows and shall be applicable unless changed as
authorized in this code and, if so changed, only when signs have been erected giving
notice thereof:
(a)Fifteen miles per hour:
(1) When traversing a railway grade crossing, if during the last 100
feet of the approach to the crossing the driver does not have a clear
and unobstructed view of the crossing and of any traffic on the
railway for a distance of 400 feet in both directions along such
railway. This subdivision does not apply in the case of any railway
grade crossing where a human flagman is on duty or a clearly
visible electrical or mechanical railway crossing signal device is
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installed but does not then indicate the immediate approach of a
railway train or car.
(2)When traversing any intersection of highways, if during the last
100 feet of the driver's approach to the intersection, the driver
does not have a clear and unobstructed view of the intersection
and of any traffic upon all of the highways entering the
intersection for a distance of 100 feet along all those highways,
except at an intersection protected by stop signs or yield right-of-
way signs or controlled by official traffic control signals.
(3)On any alley.
(b)Twenty-five miles per hour:
(1)On any highway other than a state highway, in any business or
residence district unless a different speed is determined by local
authority under procedures set forth in this code.
(2)When approaching or passing a school building or the grounds
thereof, contiguous to a highway and posted with a standard
"SCHOOL" warning sign, while children are going to or leaving
the school either during school hours or during the noon recess
period. The prima facie limit shall also apply when approaching
or passing any school grounds which are not separated from the
highway by a fence, gate or other physical barrier while the
grounds are in use by children and the highway is posted with a
standard "SCHOOL" warning sign. For purposes of this
subparagraph, standard "SCHOOL" warning signs may be placed
at any distance up to 500 feet away from school grounds.
(3)When passing a senior center or other facility primarily used by
senior citizens, contiguous to a street other than a state highway
and posted with a standard "SENIOR" warning sign. A local
authority may erect a sign pursuant to this paragraph when the
local agency makes a determination that the proposed signing
should be implemented. A local authority may request grant
funding from the Active Transportation Program pursuant to
Chapter 8 (commencing with Section 2380) of Division 3 of the
Streets and Highways Code, or any other grant funding available
to it, and use that grant funding to pay for the erection of those
signs, or may utilize any other funds available to it to pay for the
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erection of those signs, including, but not limited to, donations
from private sources.
Increase of Local Speed Limits to 65 Miles Per Hour
CVC Section 22357.
(a)Whenever a local authority determines upon the basis of an engineering and
traffic survey that a speed greater than 25 miles per hour would facilitate the
orderly movement of vehicular traffic and would be reasonable and safe upon
any street other than a state highway otherwise subject to a prima facie limit of
25 miles per hour, the local authority may by ordinance determine and declare
a prima facie speed limit of 30, 35, 40, 45, 50, 55 or 60 miles per hour or a
maximum speed limit of 65 miles per hour, whichever is found most
appropriate to facilitate the orderly movement of traffic and is reasonable and
safe. The declared prima facie or maximum speed limit shall be effective when
appropriate signs giving notice thereof are erected upon the street and shall not
thereafter be revised except upon the basis of an engineering and traffic survey.
This section does not apply to any 25-mile-per-hour prima facie limit which is
applicable when passing a school building or the grounds thereof or when
passing a senior center or other facility primarily used by senior citizens.
(b)This section shall become operative on the date specified in subdivision (c) of
Section 22366.
Downward Speed Zoning
CVC Section 22358.5.
It is the intent of the Legislature that physical conditions such as width, curvature,
grade and surface conditions, or any other condition readily apparent to a driver, in
the absence of other factors, would not require special downward speed zoning, as the
basic rule of Section 22350 is sufficient regulation as to such conditions.
Boundary Line Streets
CVC Section 22359.
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With respect to boundary line streets and highways where portions thereof are within
different jurisdictions, no ordinance adopted under Sections 22357 and 22358 shall be
effective as to any such portion until all authorities having jurisdiction of the portions
of the street concerned have approved the same. This section shall not apply in the
case of boundary line streets consisting of separate roadways within different
jurisdictions.
Speed Trap Prohibition
CVC Section 40801.
No peace officer or other person shall use a speed trap in arresting, or participating or
assisting in the arrest of, any person for any alleged violation of this code nor shall any
speed trap be used in securing evidence as to the speed of any vehicle for the purpose
of an arrest or prosecution under this code.
Speed Trap
CVC Section 40802.
(a)A "speed trap" is either of the following:
(1)A particular section of a highway measured as to distance and with
boundaries marked, designated, or otherwise determined in order that
the speed of a vehicle may be calculated by securing the time it takes
the vehicle to travel the known distance.
(2)A particular section of a highway with a prima facie speed limit that is
provided by this code or by local ordinance under paragraph (1) of
subdivision (b) of Section 22352, or established under Section 22354,
22357, 22358 or 22358.3, if that prima facie speed limit is not justified
by an engineering and traffic survey conducted within five years
prior to the date of the alleged violation, and enforcement of the
speed limit involves the use of radar or any other electronic device
that measures the speed of moving object. This paragraph does not
apply to a local street, road, or school zone.
(b)(1) For purposes of this section, a local street or road is one that is functionally
classified as “local” on the “California Road Systems Maps,” that are approved
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by the Federal Highway Administration and maintained by the Department
of Transportation. When a street or road does not appear on the “California
Road System Maps,” it may be defined as a “local street or road” if it primarily
provides access to abutting residential property and meets the following three
conditions:
(A)Roadway width of not more than 40 feet.
(B)Not more than one-half mile of an uninterrupted length. Interruptions
shall include official traffic control devices as defined in Section 445.
(C)Not more than one traffic lane in each direction.
(2)For purposes of this section "school zone" means that area approaching or
passing a school building or the grounds thereof that is contiguous to a
highway and on which is posted a standard "SCHOOL" warning sign,
while children are going to or leaving the school either during school hours
or during the noon recess period. "School zone" also includes the area
approaching or passing any school grounds that are not separated from
the highway by a fence, gate, or other physical barrier while the grounds
are in use by children if that highway is posted with a standard "SCHOOL"
warning sign.
(c)(1) When all the following criteria are met, paragraph (2) of this subdivision shall
be applicable and subdivision (a) shall not be applicable:
(A)When radar is used, the arresting officer has successfully completed a
radar operator course of not less than 24 hours on the use of police
traffic radar, and the course was approved and certified by the
Commission on Peace Officer Standards and Training.
(B)When laser or any other electronic device is used to measure the speed
of moving objects, the arresting officer has successfully completed the
training required in subparagraph (A) and an additional training
course of not less than two hours approved and certified by the
Commission on Peace Officer Standards and Training.
(C)(i) The prosecution proved that the arresting officer complied with
subparagraphs (A) and (B) and that an engineering and traffic
survey has been conducted in accordance with subparagraph (B) of
paragraph (2). The prosecution proved that, prior to the officer
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issuing the notice to appear, the arresting officer established that the
radar, laser, or other electronic device conformed to the
requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe for the
conditions present at the time of alleged violation unless the
citation was for a violation of Section 22349, 22356, or 22406.
(D) The radar, laser, or other electronic device used to measure the speed of
the accused meets or exceeds the minimal operational standards of the
National Traffic Highway Safety Administration, and has been
calibrated within the three years prior to the date of the alleged
violation by an independent certified laser or radar repair and testing
or calibration facility.
(2)A "speed trap" is either of the following:
(A)A particular section of a highway measured as to distance and with
boundaries marked, designated, or otherwise determined in order that
the speed of a vehicle may be calculated by securing the time it takes
the vehicle to travel the known distance.
(B)(i) A particular section of a highway or state highway with a prima facie
speed limit that is provided by this code or by local ordinance under
paragraph (1) of subdivision (b) of Section 22352, or established under
Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit
is not justified by an engineering and traffic survey conducted within
one of the following time periods, prior to the date of the alleged
violation, and enforcement of speed limit involves the use of radar or
any other electronic device that measures the speed of moving objects:
(I)Except as specified in subclause (II), seven years.
(II)If an engineering and traffic survey was conducted more than
seven years prior to the date of the alleged violation, and a
registered engineer evaluates the section of the highway and
determines that no significant changes in roadway or traffic
conditions have occurred, including, but not limited to,
changes in adjoining property or land use, roadway width, or
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traffic volume, 10 years.
(ii)This subparagraph does not apply to a local street, road, or school zone.
Speed Trap Evidence
CVC Section 40803.
a)No evidence as to the speed of a vehicle upon a highway shall be admitted in
any court upon the trial of any person in any prosecution under this code upon
a charge involving the speed of a vehicle when the evidence is based upon or
obtained from or by the maintenance or use of a speedtrap.
b)In any prosecution under this code of a charge involving the speed of a vehicle,
where enforcement involves the use of radar or other electronic devices which
measure the speed of moving objects, the prosecution shall establish, as part of
its prima facie case, that the evidence or testimony presented is not based upon
a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802.
c)When a traffic and engineering survey is required pursuant to paragraph (2) of
subdivision (a) of Section 40802, evidence that a traffic and engineering survey
has been conducted within five years of the date of the alleged violation or
evidence that the offense was committed on a local street or road as defined in
paragraph (2) of subdivision (a) of Section 40802 shall constitute a prima facie
case that the evidence or testimony is not based upon a speed trap as defined in
paragraph (2) subdivision (a) of Section 40802.
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City of Arroyo Grande
Engineering and Traffic Survey
APPENDIX
TABLE OF CONTENTS
A ................... Radar Speed Distribution
B ................... Collision Rates
C ................... Average Daily Traffic Volumes
D................... Speed Survey Segments Map (Attachment 2) & (Attachment 3)
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APPENDIX A
Radar Speed Distribution
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APPENDIX B
Collision Rates
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APPENDIX C
Average Daily Traffic (ADT) Volumes
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APPENDIX D
Speed Survey Segments Map (Attachment 2) & (Attachment 3)
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CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT | ENGINEERING DIVISION
SURVEY SEGMENTS AND APPROXIMATE RADAR LOCATIONS
SURVEY SEGMENTS
CITY LIMITS
2016 RADAR LOCATIONS
2018 RADAR LOCATIONS
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SPEED SURVEY EFFORTS. SEGMENTS ARE LABELED BY SEGMENT ID. ADJACENT
PARCEL LAND USE FOR EACH SEGMENT IS ALSO SHOWN FOR REFERENCE.
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT | ENGINEERING DIVISION
SURVEY SEGMENTS AND ADJACENT PARCEL LAND USE
SURVEY SEGMENTS
CITY LIMITS
LAND USE CATEGORIES
AGRICULTURE
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Page 80 of 243
Item 9.e.
MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, Interim Public Works Director
BY: Shane Taylor, Utilities Manager
SUBJECT: Monthly Water Supply and Demand Update
DATE: November 28, 2023
SUMMARY OF ACTION:
The update reports the City’s total water supply and demand for October 2023. Current
Lopez Reservoir level and projected levels are provided in the attachments.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Approximately two (2) hours of staff time is required to prepare the report.
RECOMMENDATION:
Receive and file the Monthly Water Supply and Demand Update.
BACKGROUND:
On March 28, 2023, the City Council adopted a Resolution rescinding the declaration of
a State 1 Water Shortage Emergency and related water shortage restrictions and
penalties.
The City of Arroyo Grande’s water entitlements are calculated on a water year that begins
April 1st. The current water supply for water year 2023/2024 includes 2,290 Acre Feet
from Lopez Reservoir, 1323 Acre Feet of groundwater entitlement from the Santa Maria
River Groundwater Basin, and 160 Acre Feet from the City’s wells that draw from the
Pismo formation.
The predicted water use for 2023/2024 water year is 2,2 00 Acre Feet.
In October 2023, the City’s water use was 179.7 Acre Feet with a per capita use of 105
gallons per day/per person. The residential per capita use was 81 gallons per day/per
person. There was a total of 0 inches of rainfall in the City in October 2023.
The rainfall total at the City Corporation Yard gauge for the season of 2023/2024 is 0
inches.
Page 81 of 243
Item 9.e.
City Council
Monthly Water Supply and Demand Update
November 28, 2023
Page 2
ANALYSIS OF ISSUES:
The United States Drought Monitor, as of November 10, 2023, shows San Luis Obispo
County is not in a drought. Rainfall for the period of July 1, 2023, through October 31,
2023, is 0 inches at the Corporation Yard rain gauge. Lopez Lake is 95% (46,918 Acre
Feet) as of November 10, 2023.
The deep well index for the fourth quarter of 2023 was completed on October 10, 2023,
and is 10.95 feet above sea level, which is 3.45 feet above the threshold value. The
current deep well index is 0.62 feet lower than July 2023, and 5.07 feet higher than
October 2022.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Receive and file the report, or
2. Provide other directions to staff.
ADVANTAGES:
The report provides the City Council and the public with the current and projected
conditions of our water supply and demand.
DISADVANTAGES:
No disadvantages noted at this time.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Monthly Operations Report
2. Lopez Reservoir Storage Projection
3. Monthly Water Use Supply & Demand
4. Deep Well Index Levels
Page 82 of 243
PROJECT WATERDELIVERIES DURING SPILLDELIVERIES DURING SPILLRUSAGE % USAGE % USAGE % USAGE USAGE % USAGE % USAGE % USAGE % USAGE USAGE %AG 2290 0 0 2290 177.84 8% 0.0 0% 0.00% 0.00 177.84 8% 799.4 35% 0.0 0% 0.0 0% 405.05 1204.42 53%OCSD 303 0 0 303 55.32 18% 0.0 0% 0.0 0% 0.00 55.32 18% 280.9 93% 0.0 0% 0.0 0% 96.60 377.53 125%GB 800 0 0 800 64.84 8% 0.0 0% 0.0 0% 0.00 64.84 8% 300.5 38% 0.0 0% 0.0 0% 164.17 464.66 58%PB 892 0 0 892 12.21 1% 0.0 0% 0.0 0% 0.00 12.21 1% 137.4 15% 0.0 0% 0.0 0% 275.16 412.53 46%CSA 12 245 0 0 245 6.77 3% 0.0 0% 0.0 0% 0.00 6.77 3% 36.3 15% 0.0 0% 0.0 0% 19.90 56.15 23%SM N/A N/A 0 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/AN/A N/A N/A N/A N/A N/A N/A N/ATOTAL 4530 0 4530 316.98 7.0% 0.0 0% 0.0 0% 0.00 316.98 7.0% 1554.4 34.3% 0 0.0% 0.0 0% 960.88 2515.29 56%STATE WATER PROJECT WATERDELIVERIESTHIS MONTH JANUARY TO PRESENTALLOCATION DIE AIE TOTAL ALLOCATION DIE AIE TOTALR REQUEST USAGE % USAGE USAGE USAGE USAGE % USAGE USAGE USAGECONTRACTOR [AF]AG N/A 0.0 N/A N/A N/A 0.0 0.0 0.00 N/A N/A 0 0 0.00AG 177.84OCSD 187.5 0.0 0.0 0.0 0% 0.0 0.0 0.00 94.6 50% 0 0 94.63OCSD 55.32GB N/A 0.0 N/A N/A N/A 0.0 0.0 0.00 N/A N/A 0 0 0.00GB 64.84PB 1070.0 0.0 120.0 120.0 11% 0.0 0.0 120.00 827.5 77% 0 0 827.45PB 132.21CSA 12 96.0 0.0 8.5 8.50 9% 0.0 0.0 8.50 75.4 79% 0 0 75.44CSA 12 15.27SM 90.0 0.0 7.0 10.57 12% 0.0 0.0 10.57 58.8 65% 0 0 58.80SM 10.57TOTAL 1443.5 0.0 135.5 139.07 10% 0.0 0.0 139.07 1056.3 73% 0 0 1056.32TOTAL 456.05DAM & OTHER OPERATIONSGLOSSARYNOTESTHIS MONTH WY TO DATE MAX CAPACITYAIE: Agency Initiated Exchange 1) New Contract Changes effective October 1, 2022LAKE ELEVATION (ft) 519.96 N/A 522.6 DIE: District Initiated Exchange 2) On 12/31/22 there was an estimated 655.5 AF of District SSWPW remaining including approximately 46 AF of water lost to evaporation in 2022.STORAGE [AF] 46998 N/A 49200 96% N/A: Not Applicable3) In March 2023, 5489 AF of water spilled resulting in loosing all of the District SSWPW, Agency SSWPW, and Stored PW.MONTHLY RAINFALL [in] 0.10 0.10 N/A PW: Project Water aka Lopez Water 4) 44.53 AF of March Project Water Deliveries will be credited to Stored PW at the end of the 2022//2023 water year (WY) due to March spill event.(Annual: July 1- June 30) 0.0 Surplus Water: Carry Over Water (LRRP) 5) End of WY water credit of 44.53 AF was added to Stored PW. 44.53 AF of Stored PW was lost due to April spill event.DOWNSTREAM RELEASES [AF] 321.01 1970.3 4200.0 SWP: State Water Project 6) 364.03 AF of April Project Water Deliveries are reported in the "Deliveries during spill" column due to April spill event.LAKE TO TERMINAL [AF]400.5 2608.6N/ASSWPW: Stored SWP Water7) 426.5 AF of May Project Water Deliveries are reported in the "Deliveries during spill" column due to May spill event.SPILLAGE [AF] (WY)0.00 8968.1N/A* Stored PW includes Surplus water declared 8) 170.38 AF of June Project Water Deliveries are reported in the "Deliveries during spill" column due to June spill event.AG WHEELING OCEANO WATER 1.82** Actual amount available is dependent on the State's (DWR) delivery %*** Stored SWP water resulting from AIESan Luis Obispo County Flood Control and Water DistrictZone 3 - Lopez Project - Monthly Operations ReportOctober, 2023AVAILABLE WATER (APR-MAR)DELIVERIESENTITLEMENTSTORED PW*SURPLUS WATER AVAILABLETOTAL AVAILABLE PWTHIS MONTHAPRIL TO PRESENTSURPLUS PWTOTAL USAGEENTITLEMENTSTORED PWSURPLUS PWTOTALTOTAL MONTHLY DELIVERIESANNUAL REQUEST**CUMULATIVE SSWPW***ENTITLEMENTSTORED PWAttachment 1Page 83 of 243
0.4330.342.031.911.3112.714.393911.56560.390.390.103.1222.9882.844330.98480.3660.070.3550.67171.8431144442.2442.76762.9883.010.980.39339080.410.350.10050.6767671.8442.2442.7662.9883.010.9880.410.3550.671.840.005.0010.0015.0020.0025.0001000020000300004000050000600001/1/20222/1/20223/1/20224/1/20225/1/20226/1/20227/1/20228/1/20229/1/202210/1/202211/1/202212/1/20221/1/20232/1/20233/1/20234/1/20235/1/20236/1/20237/1/20238/1/20239/1/202310/1/202311/1/202312/1/20231/1/20242/1/20243/1/20244/1/20245/1/20246/1/20247/1/20248/1/20249/1/202410/1/202411/1/2024012/1/2024Storage (AF)DateLOPEZ RESERVOIR STORAGE PROJECTION Actual PrecipitationPredicted PrecipitationStorage Projection (SP)Reservoir Level (Actual)Available Water (Storage Rights)SP (No Rain)20,000 AFAttachment 2Page 84 of 243
16218095105020406080100120140160180200Oct‐22 Oct‐23Monthly Water Use ComparisonAcre FeetUsage (gpcd)Attachment 3Page 85 of 243
P:\Portland\672-Northern Cities Management Area\_Grapher Figures\Quarterly Rpt Figs Fig 6 NCMA_Q4_Deep_Well_Index_v2
1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025
-5
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5
10
15
20
Water Elevation, feet NAVD88Deep Well Index Level
(Wells 24B03, 30F03 and 30N02)
Deep Well Index (Approximate)
Deep Well Index
Threshold: 7.5 feet
FIGURE 6Deep Well Index is the synoptic average of groundwater elevations
in the deep wells of Sentry Well clusters 24B, 30F, and 30N.
"Approximate" Deep Well Index elevations are based on
non-synoptic measurments, made during the same quarter.
Attachment 4
Page 86 of 243
Item 9.f.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Shannon Sweeney, Interim Public Works Director/City Engineer
Natalie Riddering, Planning and Engineering Permit Technician
SUBJECT: Consideration of the Summary Vacation of a Public Utility Easement
and Acceptance of a Grant of a Sanitary Sewer Easement and Located
at 605 Eman Court
DATE: November 28, 2023
SUMMARY OF ACTION:
Approval of the summary vacation of an unneeded or “excess” public utility easement
(PUE) and acceptance of the grant of a sanitary sewer easement at 605 Eman Court,
pursuant to the summary vacation procedures set forth in California Streets and Highways
Code Section 8330 et seq. Staff have received non-objection letters from those holding
public utility/easement interests in the subject property, pursuant to Streets and Highways
Code Section 8334.5.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no financial impact in accepting a new sanitary sewer easement and summarily
vacating the PUE.
RECOMMENDATION:
Adopt a Resolution summarily vacating the public utility easement and accepting the grant
of a sanitary sewer easement at 605 Eman Court pursuant to Streets and Highways Code
Section 8330 et seq. and making a finding that the action is not a project under CEQA or,
alternatively, that it is exempt from CEQA pursuant to CEQA Guidelines section
15061(b)(3) (“common sense exemption”).
BACKGROUND:
Residential Tract Map 100 was recorded on August 16, 2004. In the tract map, a ten-foot
wide (10’) PUE was created at the rear and eastern perimeter of Lot 7, Parcel B (Exhibit
B). The City no longer has any need for this PUE and wishes to vacate it in accordance
with legal procedures set out in the Streets and Highways Code, and to acquire through
Page 87 of 243
Item 9.f.
City Council
Consideration of the Summary Vacation of a Public Utility Easement and
Acceptance of a Grant of a Sanitary Sewer Easement and Located at 605 Eman
Court
November 28, 2023
Page 2
this action a sanitary sewer easement in the manner described and depicted in Exhibits
A-1 and B.
ANALYSIS OF ISSUES:
On February 21, 2023, the property owner at 605 Eman Court requested that the PUE be
modified and that the ten-foot easement, located at the rear and eastern perimeter of 605
Eman Court, be vacated to allow the construction of a home expansion.
During the City’s review of the request, it was determined the sanitary sewer line is located
outside of PUE and the easement is no longer needed for the City’s purposes. California
Streets and Highways Code Section 8333 et seq. authorizes the city to summarily vacate
an excess public utility easement if is not required.
Specifically, Section 8333 provides that the City Council may summarily vacate a public
service easement in any of the below situations:
a. The easement has not been used for the purpose for which it was dedicated or
acquired for five consecutive years immediately preceding the proposed vacation.
b. The date of dedication or acquisition is less than five years, and more than one
year, immediately preceding the proposed vacation, and the easement was n ot
used continuously since that date.
c. The easement has been superseded by relocation, or determined to be excess by
the easement holder, and there are no other public facilities located within the
easement.
In this case, the City is summarily vacating the PUE which has been determined to be
excess by the easement holders, there are no other public facilities located within the
easement area, the requirements of the Streets and Highways code are satisfied, and
therefore the City may vacate the PUE.
Non-objection letters to the proposed easement vacation were received from all utilities,
including, including AT&T, Charter Communications, PG&E, and Southern California Gas
Company (Attachment 8). A legal description and plat of the existing property and PUE
to be vacated has been provided (Exhibit A-2, Exhibit C and Exhibit B).
To rectify the City’s sanitary sewer line being physically located outside of an easement
and ensure that the sanitary sewer line be accessible for maintenance and or
emergencies, the City is accepting the grant of a sanitary sewer easement to record a
new sanitary sewer line easement. A plat and legal description of the proposed sanitary
sewer easement are included (Exhibit A1 and Exhibit B)
Page 88 of 243
Item 9.f.
City Council
Consideration of the Summary Vacation of a Public Utility Easement and
Acceptance of a Grant of a Sanitary Sewer Easement and Located at 605 Eman
Court
November 28, 2023
Page 3
ALTERNATIVES:
1. Adopt a Resolution summarily vacating a public utility easement at 605 Eman
Court pursuant to Streets and Highways Code Section 8330 et seq. and accept
the grant of a sanitary sewer easement; or
2. Do not adopt the Resolution to vacate the public utility easement and accept the
grant of sanitary sewer easement; or
3. Provide other direction to staff.
ADVANTAGES:
By vacating the excess PUE and accepting the grant of a new sanitary sewer easement,
the City will gain access rights to the sanitary sewer line on this parcel and the owner of
the parcel will be able to utilize this portion of the property to construct an expansion of
their home.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
The proposed summary vacation of the PUE and acceptance of a sanitary sewer
easement is not a project subject to the California Environmental Quality Act (“CEQA”)
because it has no potential to result in either a direct, or reasonably foreseeable indirect,
physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-
(3), 15378.) Alternatively, the acceptance of a sanitary sewer easement and summary
vacation of the PUE is exempt from CEQA on the basis that it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment. (State CEQA Guidelines, § 15061, subd. (b)(3).)
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s websit e in accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Resolution
2. Proposed Resolution Exhibit A-1 (Legal Description for Sanitary Sewer Easement)
3. Proposed Resolution Exhibit A-2 (Legal Description for 605 Eman Court)
4. Proposed Resolution Exhibit B (Depiction of PUE and Proposed Sewer Easement)
5. Proposed Resolution Exhibit C (Legal Description for Public Utility Easement)
6. Proposed Resolution Exhibit D (Grant of Sanitary Sewer Easement)
7. Proposed Resolution Exhibit E (Certificate of Acceptance for Sanitary Sewer
Easement)
8. Non-Objection Letters
Page 89 of 243
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
ORDERING THE SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT,
ACCEPTING A GRANT OF A SANITARY SEWER EASEMENT AT 605 EMAN
COURT, AND MAKING A CEQA DETERMINATION REGARDING THE SAME
WHEREAS, Chapter 4 of the Public Streets, Highways and Services Easements
Vacation Law, commencing with Streets and Highways Code Section 8330,
provides for summary vacation of streets and public service easements; and
WHEREAS, the subject public utility easement (the “PUE”) to be vacated is a ten
foot wide (10’) easement at the rear and eastern perimeter of Lot 7, Parcel B, Tract
Map 100 described in Exhibit “A-2”, a copy of which is attached hereto and
incorporated herein by this reference.
WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City
Council to summarily vacate a public service easement when it has been
determined to be excess by the easement holder, and there are no other public
facilities within the easement; and
WHEREAS, all utilities with interests in the PUE area have approved the summary
vacation of the PUE; and
WHEREAS, the PUE is not needed for public utility purposes and there are no
utilities or public improvements located within the portion to be vacated; and
WHEREAS, the owners of the real property located at 605 Eman Court, Arroyo
Grande, CA desire to grant to the City a sanitary sewer easement in connection
with the development of their property; and
WHEREAS, the City desires to accept the sanitary sewer easement for sewer
line installation and maintenance purposes, as described and depicted in Exhibit
“A-1” and “B”, which is attached hereto and incorporated herein by this reference;
and
NOW, THEREFORE, the City Council of the City of Arroyo Grande does hereby
resolve as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2. Vacation of Easement. This Resolution is adopted pursuant to the summary
vacation procedures set forth in California Streets and Highways Code section
8330 et seq., as the portion of the PUE to be vacated is excess, not required for
public utility purposes, and there are no public facilities located within
Page 90 of 243
RESOLUTION NO.
PAGE 2
the PUE area. The PUE area to be vacated is described and depicted in Exhibits “C”,
and “B”, copies of which are attached hereto and incorporated herein by this
reference.
4. Acceptance of Easement. The City Council of the City of Arroyo Grande hereby
accepts the grant of a sanitary sewer easement legally described in the Grant of a
Sanitary Sewer Easement for the property described and depicted in Exhibits “A-1”
and “B”, a copy of which is attached hereto and incorporated herein by this reference,
and authorizes execution of said Grant of a Sanitary Sewer Easement, a copy of
which is attached hereto in Exhibit “D” and incorporated herein by this reference.
5. Certificate of Acceptance. The Certificate of Acceptance attached in Exhibit “E” is
hereby approved and this Resolution serves as the Resolution of
Acceptance as required by Government Code Section 27281. The City Manager is
hereby authorized and directed to execute the Certificate of Acceptance on behalf of
the City.
6. Certification and Recordation. The City Clerk shall certify to the adoption of this
Resolution and cause the Grant of a Sanitary Sewer Easement, along with the
Certificate of Acceptance, to be recorded in San Luis Obispo County’s Office of the
Clerk-Recorder.
7. Environmental Review. The City Council hereby determines that the summary
vacation of the PUE and acceptance of a sanitary sewer easement 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 ch ange
in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
Alternatively, the acceptance of a sanitary sewer easement and summary vacation of
the PUE is exempt from CEQA on the basis that it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the
environment. (State CEQA Guidelines, § 15061, subd. (b)(3).)
8. Effective Date. This Resolution shall take effect upon adoption.
On a motion by Council member , seconded by Council member
, and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 28th day of November 2023.
Page 91 of 243
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 92 of 243
EXHIBIT A -1
Legal Desaiption
SANITARY SEWER EASEMENT
A portion of Lot 7 in Block 2 of Tract 100 in the Qty of Arroyo Grande, County of San
Luis Obispo, State of (allfomia clCOOrding to Map Book 6, Page 37 records of said County and a portion of lot 107 of Parts of the Randios Corral De Piedra, Pismo and Bolsa De O,emiSal, in the City of Arroyo Grande, County of San Luis Obispo, State of California according to map recorded in Book A of Maps at page 65 records of said
Count, being also a portion of the property described as Parcel 6 in Certificate of Compliance recorded August 16, 2004 as Instrument No. 2004-072748 of Official
Records of said County, said portion described as follows:
A strip of land of the uniform width of 10.00 feet lying 5.00 feet on each side of the
following described centerline:
Commencing at the Northerly comer common to Lot 6 in said Block 2 of Tract 100 and
said Parcel 8 in Certificate of Compliance recorded August 16, 2004 as Instrument No. 2004-072748; thence Southerly along the line between said lots,
1)South o• 13' 00" East a distance of 90.92 feet to the True Point of Beginning;
thence leaving said line,
2)South 42• 35' 40" East 106.65 feet to the South line of aforementioned Parcel B
and the Point of Terminus which bears North 89° 47' East, 71.88 feet from the
Southwest corner of said Parcel B;
The sidelines of the above-described parcel Shall be lengthened and/or shortened to
intersect adjacetlt course sidelines and property boundaries.
The above-described parcel is graphically shown on Exhibit B attached hereto and
made a part hereof. 4 ,,z:,{'7,VV /
N:\2023\23--066 60S U'l'IO(l QlUl't • Am:t'fO C,¥\de\t.1?9.il �ionG\23..oGG U'l'i(l,l Cl AC S(.•Wcr t:.mt.OX 3/16/2023 12:34 Pll'I
�-
ATTACHMENT 2
Page 93 of 243
. • ' • t
Exhibit A-2
Parcel B:
Lot 7 in Block 2 of Tract No. 100 and that portion of Lot 107 of parts of the Ranchos Corral de
Piedra, Pismo and Balsa de Chemisal, in the City of Arroyo Grande, County of San Luis Obispo,
State of California, according to the maps filed in Book 6 of Maps Page 37 and Book A of Maps
Page 65 respectively, in the office of the County Recorder of said County, described as follows:
Beginning at the point of intersection of the northerly line of said Lot 107 of James T. Stratton's
Map of parts of the Ranchos Corral de Piedra, Pismo and Balsa de Chemisal, according to the
map filed for record in Book A, Page 65 of Maps, in the office of the County Recorder of said
County, with the easterly line of Alpine Street extension, as conveyed to the City of Arroyo
Grande, by deed dated September 13, 1946 and recorded October 4, 1946 in Book 424, Page 221 of
Official Records, at a found 2 inch Brass Cap with tag marked RE 4388; thence North 89°47'00"
East, along the northerly line of said Lot 107, a distance of 466.08 feet to the westerly line of said
Lot 7 and the True Point of Beginning; thence South 00°13'00" East, a distance of 62.50 feet to the
southerly line of the land described in the grant deed to Wade Hoon and Carol Maria Hoon as
recorded in Doc. # 2003-035370 of Official Records of said County; thence North 89°47'00" East,
along said southerly line, to the easterly line of the property conveyed to Jackson W. Ruhl and
wife, by deed dated June 14, 1938 and recorded October 3, 1939 in Book 266, Page 131 of Official
Records of said County; thence North 30°04'00" West along said easterly line to said northerly
line of Lot 107, said point also being the southeast comer of said Lot 7 in Block 2 of Tract No. 100;
thence North 06 °06'02" East, along the easterly line of said Lot 7, a distance of 54.11 feet; thence
North 56°11'00" West, along the northeasterly line of said Lot 7, a distance of 155.81 feet to the
northerly line of said Lot 7; thence South 89 °47'00" West, along said northerly line, a distance of
154.06 feet to the westerly line of said Lot 7 and the beginning of a non-tangent curve concave to
the northwest and having a radius of 40.00 feet and a central angle of 57°37'36"; thence along said
westerly line and along said curve, a distance of 40.23 feet; thence leaving said curve South
00°13'00" East, along said westerly line of Lot 7, a distance of 107.20 feet to the True Point of
Beginning.
Containing 1.29 Ac, more or less.
ATTACHMENT 3
Page 94 of 243
EMAN CT D
ATTACHMENT 4
Page 95 of 243
N:\2023\23-066 605 Eman Court - Arroyo Grande\Legal Descriptions\23-066 Eman Ct AG PUE vacation.doc
9/5/2023 11:49 AM
EXHIBIT C
____________
Legal Description
Area of P.U.E. to be Vacated
A portion of Lot 7 in Block 2 of Tract 100 in the City of Arroyo Grande, County of San
Luis Obispo, State of California according to Map Book 6, Page 37 records of said
County and a portion of lot 107 of Parts of the Ranchos Corral De Piedra, Pismo and
Bolsa De Chemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of
California according to map recorded in Book A of Maps at page 65 records of said
Count, being also a portion of the property described as Parcel B in Certificate of
Compliance recorded August 16, 2004 as Instrument No. 2004-072748 of Official
Records of said County, said portion described as follows:
The Southerly 10.00 feet of said Lot 7 being a strip of land of the uniform width of
10.00 feet depicted on said map of Tract 100 as “10’ DRAINAGE & PUB. UTILITY EASE.”
The above-described parcel is graphically shown on Exhibit B attached hereto and
made a part hereof.
* * *
ATTACHMENT 5
Page 96 of 243
ATTACHMENT 6
Exhibit D
Page 97 of 243
ATTACHMENT 6
Page 98 of 243
ATTACHMENT 6
Page 99 of 243
ATTACHMENT 6
Page 100 of 243
ATTACHMENT 6
Page 101 of 243
ATTACHMENT 6
Page 102 of 243
ATTACHMENT 6
Page 103 of 243
ATTACHMENT 7
EXHIBIT E
CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code
This is to certify that the interest in that certain real property referred to as 605 Eman Court in
the City of Arroyo Grande, conveyed by the deed or grant dated _______, 2023 from
____________, an individual, to the City of Arroyo Grande, a California municipal corporation,
is hereby accepted by the undersigned officer on behalf of the City of Arroyo Grande, pursuant
to authority conferred by Resolution No. ______, adopted by the City Council of the City of
Arroyo Grande on November ___ , 2023, and the City of Arroyo Grande consents to
recordation thereof by its duly authorized officer.
Date: CITY OF ARROYO GRANDE
By: ______________________________
Its: ______________________________
Page 104 of 243
AT&T Right of Way – Joseph DeGuzman
870 N. McCarthy Blvd
Milpitas, Ca. 95035
July 17, 2023
Kevin Buchanan
605 Eman Ct.
Arroyo Grande, Ca. 93420
Re: Vacate PUE – 605 Eman Ct., Arroyo Grande
Dear Mr. Buchanan:
This is in response to your email dated July 5, 2023, regarding the proposed vacation of the Public Utility
Easement (PUE) located at the rear of 605 Eman Ct., Arroyo Grande, County of San Luis Obispo (APN:
006-581-059).
Verified by our Design Engineer, Neil Zakaria, AT&T has no utility facilities within the proposed vacated
area of (PUE). Therefore, we do not object to the vacation.
Upon approval of the vacation by the City Council, please send a copy of the Resolution of Vacation to:
AT&T – Construction & Engineering
870 N. McCarthy Blvd.
Milpitas, Ca. 95035
Attn: Leslie Scarlet
If you have any questions or concerns regarding this matter, please email me at jd5368@att.
Respectfully,
Joseph DeGuzman
Joseph DeGuzman
Manager – AT&T Right of Way/Public Works Central Coast
Monterey/San Benito/San Luis Obispo/Santa Cruz Counties
Attached: Tract Map 605 Eman Ct. Arroyo Grande, 605 Eman Ct. Arroyo Grande Aerial View
ATTACHMENT 8
Page 105 of 243
June 2, 2023
Attn: Kevin Buchanan
Subject: Abandoning Public Utility Easement on Lot 7 Block 2 of Tract Map NO. 100 - BK 6/PGS 37 –
APN:006-581-059
Thank you for the opportunity to review your plans at 605 Eman Ct, Arroyo Grande. We find no apparent
interference with your project and currently plan no new installations within the limits of the location.
SoCalGas has no need for Public Utility Easement within Lot 7 of Tract Map No. 100 and abandons its rights. We
request that you protect in place all existing gas facilities and allow access for the maintenance of our facilities.
SoCalGas has no objection provided the following conditions over our facilities are met:
1.No change of grade without prior written approval of The Gas Company.
2.Should The Gas Company have to remove any temporary/permanent structures, the demolition would be at
the property owners’ expense.
3.No planting of trees or deep-rooted plants.
4.No poles, signs or fence posts to be installed without the written approval of The Gas Company.
5.Ingress and egress rights to and from the facilities must be maintained.
We require new facilities that cross our pipelines maintain a minimum one (1) foot of vertical separation and new
facilities installed parallel to our pipelines maintain a minimum two (2) feet of horizontal separation. Existing
twelve (12) inch and larger gas lines require additional horizontal separation.
In the event you revise your plans or increase the limits of the project, please provide us with the information as
soon as it becomes available. Please note that any alteration of our facilities is 100% collectible from the
respective agency.
You will also have to contact our Transmission Department regarding the above -mentioned request. CPUC
Regulations require notification of both SoCalGas Distribution and Transmission of all work being conducted.
Please contact SoCalGas Transmission at 9400 Oakdale Ave Chatsworth, Ca 91311-6511 or email at
SoCalGasTransmissionUtilityRequest@semprautilities.com.
It is our intention to allow your contractor to remove any abandoned facilities that may be encountered during the
course of construction. Upon request, at least two (2) working days prior to the start of construction, we will
locate and mark our active underground facilities for the contractor at no cost . Please call Underground
Service Alert (USA) at (800) 422-4133.
If you have immediate questions or require additional information, please email us at
ROWChatsworth@socalgas.com
Sincerely,
Antoine Gautier
Antoine Gautier
Planning Associate- Right of Way
Northwest Region – Chatsworth
HQ 9400 Oakdale Ave,
Chatsworth CA 91311
Page 106 of 243
Pacific Gas and Electric Company
Kevin Wun
Land Management
San Jose, CA 95113
Public
April 6, 2023
Kevin Buchanan
605 Eman Ct.
Arroyo Grande, CA 93420
Re: Land Request Form - 605 Eman, Arroyo Grande
605 Eman Ct Arroyo Grande, CA 93420
Dear Kevin Buchanan,
Thank you for giving us the opportunity to review the proposed public utility easement (“PUE”)
vacation. This is in response to your letter dated March 15, 2023, informing PG&E of the proposed
PUE vacation of 605 Eman Ct. as shown on the attached drawing and below, located in the City
of Arroyo Grande, County of San Luis Obispo.
An investigation indicates that PG&E currently has no utility facilities within the proposed PUE
vacation area. Therefore, PG&E has no request or objections to the proposed PUE vacation.
Please note this is our preliminary review and PG&E reserves the right for additional future
review as needed. This letter shall not in any way alter, modify, or terminate any provision of
any existing easement rights. If there are subsequent modifications made to your design, we ask
that you resubmit the plans to the email address listed below.
If you have any questions regarding our response, please contact me at Kevin.Wun@pge.com.
Sincerely,
Kevin Wun
Land Management
Attached: 605-eman-pue, PXL_20220623_025512496.jpg-1
Page 107 of 243
Page 108 of 243
Kevin Buchanan <kevaustinbuch@gmail.com>
RE: [EXTERNAL] Public Utility Easement Contact
5 messages
Lindsay, Timothy E <Timothy.Lindsay@charter.com>Mon, May 15, 2023 at 7:27 AM
To: "Moore, Jason D" <Jason.D.Moore@charter.com>
Cc: "Roden, Trentyn" <trentyn.roden@charter.com>
Hello Kevin,
We can assist you with your request
Thank you
Tim Lindsay | Sr. Manager, Construction
Sierra Nevada Management Area
Desk: 805-783-4940
270 Bridge Street | San Luis Obispo, Ca 93401
From: Kevin Buchanan
<>
Date: May 13, 2023 at 8:33:53 AM PDT
To: "Picciolo, Bret M"
<Bret.Picciolo@charter.com>, "Johnson, Dennis
N" <Dennis.Johnson1@charter.com>
Subject:[EXTERNAL] Public Utility
Easement Contact
CAUTION: The e-mail below is from an
external source. Please exercise caution
before opening attachments, clicking links, or
following guidance.
Gmail - RE: [EXTERNAL] Public Utility Easement Contact https://mail.google.com/mail/u/0/?ik=b0e1285735&view=pt&search=a...
1 of 4 5/19/23, 8:49 AM
Page 109 of 243
Hello.
I am looking for someone to contact regarding a
public utility easement on our property. I am
currently working with the city to adjust this
easement. Other utility companies in the area
have an accessible email address that I've been
able to use to get in contact with the company
about this. Charter/Spectrum has no such email
address, and nobody I reached through the
spectrum support page has been able to point
me in the right direction, or even knows what I'm
talking about. Can you please provide some
contact information for whatever address or
department handles public utility easement
related questions?
Thank you.
Kevin Buchanan
The contents of this e-mail message and
any attachments are intended solely for the
addressee(s) and may contain confidential
and/or legally privileged information. If you
are not the intended recipient of this message
or if this message has been addressed to you
in error, please immediately alert the sender
by reply e-mail and then delete this message
and any attachments. If you are not the
intended recipient, you are notified that
any use, dissemination, distribution, copying,
or storage of this message or any attachment
is strictly prohibited.
Moore, Jason D <Jason.D.Moore@charter.com>Mon, May 15, 2023 at 7:30 AM
To: "Lindsay, Timothy E" <Timothy.Lindsay@charter.com>,
Cc: "Roden, Trentyn" <trentyn.roden@charter.com>
Kevin,
Please email over any information that you have and my team will be happy to review this.
Thank you,
Jason Moore
Manager - Construction, Sierra Nevada MA
C:805-748-8725 | O:805-783-4962
Gmail - RE: [EXTERNAL] Public Utility Easement Contact https://mail.google.com/mail/u/0/?ik=b0e1285735&view=pt&search=a...
2 of 4 5/19/23, 8:49 AM
Page 110 of 243
[Quoted text hidden]
[Quoted text hidden]
Kevin Buchanan Mon, May 15, 2023 at 8:55 AM
To: "Moore, Jason D" <Jason.D.Moore@charter.com>
Cc: "Lindsay, Timothy E" <Timothy.Lindsay@charter.com>, "Roden, Trentyn" <trentyn.roden@charter.com>
Hi Jason. Thanks for your help.
I am currently working with the city of Arroyo Grande to remove the public utility easement that was accepted by the
city on our lot in 1959. There is no equipment on this easement, and it now runs through the middle of the lot since
adjoining to the neighboring lot. The city would like a letter from utilities operating in the area stating that they have no
intention of using the easement (if that's the case). Would Charter/Spectrum be able to provide such a letter? I've
attached the letter that I've received from PG&E, as an example.
Thanks.
Kevin Buchanan
605 Eman Ct, Arroyo Grande, CA
[Quoted text hidden]
3 attachments
tract_100_pue_1.pdf
2473K
tract_100_pue_2.pdf
1818K
605 Eman Ct, Arroyo Grande-pge.pdf
377K
Kevin Buchanan <Fri, May 19, 2023 at 8:26 AM
To: "Moore, Jason D" <Jason.D.Moore@charter.com>
Cc: "Lindsay, Timothy E" <Timothy.Lindsay@charter.com>, "Roden, Trentyn" <trentyn.roden@charter.com>
Hi everyone. Just wanted to check in on this request. Thanks for any update you can provide.
[Quoted text hidden]
Moore, Jason D <Jason.D.Moore@charter.com>Fri, May 19, 2023 at 8:42 AM
To: Kevin Buchanan
Cc: "Lindsay, Timothy E" <Timothy.Lindsay@charter.com>, "Roden, Trentyn" <trentyn.roden@charter.com>
Kevin,
Gmail - RE: [EXTERNAL] Public Utility Easement Contact https://mail.google.com/mail/u/0/?ik=b0e1285735&view=pt&search=a...
3 of 4 5/19/23, 8:49 AM
Page 111 of 243
This has been reviewed this request and have found that we do not have facilities within this current easement as we
are aerial in the front of the property. We have no intention of occupying this easement and approve the vacation as
requested.
Thank you,
Jason Moore
Manager - Construction, Sierra Nevada MA
C:805-748-8725 | O:805-783-4962
[Quoted text hidden]
[Quoted text hidden]
Gmail - RE: [EXTERNAL] Public Utility Easement Contact https://mail.google.com/mail/u/0/?ik=b0e1285735&view=pt&search=a...
4 of 4 5/19/23, 8:49 AM
Page 112 of 243
Item 9.g.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration of Adoption of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code Regarding Restrictions on Irrigated
Turf and Finding This Action Exempt from the California
Environmental Quality Act
DATE: November 28, 2023
SUMMARY OF ACTION:
Adopting the Ordinance will amend the regulation applicable to the installation and
maintenance of irrigated turf.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
1) Adopt the Ordinance amending Section 16.84 of the Arroyo Grande Municipal Code;
and 2) Find that the Ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to State CEQA Guidelines Section 15060(c)(2), (3), 15378, and in the
alternative, State CEQA Guidelines Section 15061(b)(3) .
BACKGROUND:
The City currently relies on the State’s Model Water Efficient Landscape Ordinance
(MWELO) to regulate water used for outdoor irrigation. In 2016, Section 16.84 of the
Arroyo Grande Municipal Code (AGMC) was updated to adopt the State’s MWELO, by
reference. The MWELO furthers water conservation efforts by promoting the use of
drought tolerant landscaping over water intensive species and provisions for efficient use
of water for the purposes of landscaping.
The ordinance amendments propose to restrict the installation and maintenance of
irrigated turf to bolster local water conservation efforts. Specifically, irrigated turf would
be prohibited on all new non-residential and mixed-use projects. The ordinance also
requires removal of all existing irrigated turf when 50% or more of the floor area of a
Page 113 of 243
Item 9.g.
City Council
Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo
Grande Municipal Code Regarding Restrictions on Irrigated Turf and Finding This
Action Exempt from the California Environmental Quality Act
November 28, 2023
Page 2
property consisting of all non-residential uses is remodeled. For new residential
development, the ordinance prohibits front yard irrigated turf installations and limits
backyard turf installations to the lesser of 25% of the backyard area or 500 square feet.
These limitations would not affect sports fields or irrigated turf at parks regularly uses for
human recreational purposes or for civic or community events.
The Planning Commission reviewed the draft Ordinance at its meeting on October 17,
2023. The Commission was supportive of the Ordinance as proposed and recommended
that Council adopt the Ordinance as drafted. At the introduction and public hearing on
November 14, 2023, in response to prior Council direction and reiterated during the public
hearing, there have been minor modifications to the Ordinance that require new turf
requirements as part of substantial residential remodels, as specified in the ordinance,
when 50% or more of the floor area is remodeled. These substantial residential remodels
will require the removal of existing front yard turf and the reduction of backyard turf to the
lesser of 500 square feet or 25% of the backyard area , with some allowances for front
yard turf when backyard turf is evaluated by Community Development to be infeasible.
ANALYSIS OF ISSUES:
The Ordinance amendments are now ready for adoption. The Ordinance amendments
will become effective thirty (30) days after adoption.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Ordinance, with amendments, as proposed; or
2. Modify the Ordinance amendments and direct staff to return at a future public
hearing to introduce the modified amendments; or
3. Provide other direction to staff.
ADVANTAGES:
Ordinance amendments that further restrict or prohibit the use of irrigated turf will bolster
the City’s effort to conserve water.
DISADVANTAGES:
Residents will need to convert to alternate forms of landscaping, which some residents
may prefer less than turf.
ENVIRONMENTAL REVIEW:
The Ordinance is exempt from the California Environmental Quality Act ("CEQA")
because the Ordinance does not qualify as a “project” under CEQA and will not result in
a direct or reasonably foreseeable indirect physical change in the environment. (State
CEQA Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA
Guidelines defines a project as the whole of an action, which could potentially result in
Page 114 of 243
Item 9.g.
City Council
Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo
Grande Municipal Code Regarding Restrictions on Irrigated Turf and Finding This
Action Exempt from the California Environmental Quality Act
November 28, 2023
Page 3
either a direct physical change, or reasonably foreseeab le indirect physical change, in the
environment. Here, the Ordinance will not result in any construction or development, and
it will not have any other effect that would physically change the environment. In the
alternative, the Ordinance is exempt under State CEQA Guidelines section 15061(b)(3),
which exempts projects from CEQA “[w]here it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment.”
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Ordinance
Page 115 of 243
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING CHAPTER 16.84 OF THE
ARROYO GRANDE MUNICIPAL CODE REGARDING
RESTRICTIONS ON IRRIGATED TURF AND FINDING THE
ORDINANCE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, in 2006, the State Legislature adopted the "Water Conservation in
Landscaping Act" (Assembly Bill 1881), requiring the Department of Water Resources
(DWR) to update the State Model Water Efficient Landscape Ordinance (MWELO) to
reduce water consumption and waste in landscape irrigation ; and
WHEREAS, on June 14, 2011, the City adopted a Water Efficient Landscape
Ordinance deemed to be as effective as the State MWELO Ordinance; and
WHEREAS, the MWELO Ordinance was incorporated into the Arroyo Grande
Municipal Code (AGMC) as Chapter 16.84; and
WHEREAS, in 2016, AGMC Chapter 16.84 was updated to incorporate the
changes to the State’s MWELO, by reference; and
WHEREAS, this ordinance amends Chapter 16.84, by adding restrictions on the
installation and maintenance on irrigated turf to further the City’s water conservation
efforts; and
WHEREAS, on October 17, 2023, the Planning Commission conducted a duly
noticed public hearing to consider the staff report, recommendations by staff, and public
testimony concerning the ordinance. Following the public hearing, the Planning
Commission voted to forward the ordinance to the City Council with a recommendation in
favor of its adoption; and
WHEREAS, on November 14, 2023, the City Council introduced the ordinance and
conducted a duly noticed public hearing to consider the ordinance and its changes to
Chapter 16.84 of Title 16 of the Arroyo Grande Municipal Code, including: (1) the public
testimony and agenda reports prepared in connection with the ordinance; (2) the policy
considerations discussed therein; and (3) the consideration and recommendation of the
Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.
Page 116 of 243
ORDINANCE NO.
PAGE 2
-2-
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Environmental. The City Council finds that this ordinance is exempt
from the California Environmental Quality Act ("CEQA") because the ordinance does not
qualify as a “project” under CEQA and because the ordinance will not result in a direct or
reasonably foreseeable indirect physical change in the environment. (State CEQA
Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines
defines a project as the whole of an action, which could potentially result in either a direct
physical change, or reasonably foreseeable indirect physical change, in the environment.
Here, the ordinance will not result in any construction or development, and it will not have
any other effect that would physically change the environment. The ordinance therefore
does not qualify as a project subject to CEQA.
In the alternative, even if the Ordinance did qualify as a “project” under CEQA, it
would be exempt from CEQA under State CEQA Guidelines section 15061(b)(3), which
exempts projects from CEQA “[w]here it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the en vironment.”
Thus, even if the ordinance could result in some physical change in the environment, the
ordinance is exempt from CEQA because it can be seen with certainty that there is no
possibility that the Ordinance may have a significant effect on the environment.
Finally, the Ordinance is adopted with the intent to protect natural resources and
the environment, specifically the City’s water resources. This Ordinance will regulate and
restrict the installation of irrigated turf for nonresidential, residential, and m ixed uses.
Accordingly, this Ordinance is categorically exempt under either State CEQA Guidelines
section 15307 or 15308.
SECTION 3. Required Findings. In accordance with section 16.16.040(E) of the
AGMC, the City Council hereby makes the following find ings:
1. General Plan. The ordinance’s amendments to the AGMC are consistent
with the general plan and necessary and desirable to implement the provisions thereof.
Specifically, conservation and open space element objective C/OS6 encourage water
conservation to support urban development potential . This ordinance effectuates and
implements objective C/OS6 by limiting irrigated turf which has very high water needs to
be maintained in good condition. For this reason, the ordinance’s amendments to the
AGMC are consistent with the general plan and necessary and desirable to implement
the provisions thereof.
2. Effect on Public. The ordinance’s amendments to the AGMC will not
adversely affect the public health safety, and welfare or result in an illogi cal land use
Page 117 of 243
ORDINANCE NO.
PAGE 3
-3-
pattern because these updates to the development code will help ensure an adequate
supply of water for Arroyo Grande residents.
3. Purpose and Intent. The revision to this title is consistent with the purpose
and intent of the title since it implements the objectives of the General Plan, protects the
vitality and orderly development of the Arroyo Grande community by limiting intensive
water uses, and ensures an orderly planning with respect to the community’s water
resources.
4. Environmental Impacts. The proposed amendments will promote positive
environmental impacts through water conservation. Irrigated turf is associated with higher
levels of water use and these code amendments will restrict or prohibit the use of such
turf.
SECTION 4. Code Amendment. The City Council hereby approves the addition
of the following Section 16.84.020 in full, amending Arroyo Grande Municipal Code
Chapter 16.84, Water Efficient Landscape Requirements as follows:
16.84.020 Irrigated Turf Prohibition
A. Nonresidential and Mixed Uses
1. New nonresidential and mixed-use projects shall be prohibited from installing
and maintaining irrigated turf on the property.
2. Proposed remodels or additions constituting fifty percent (50%) or more of the
floor area of a property consisting of nonresidential or mixed -uses at the time
when a building permit is issued for the remodel shall be required to remove all
existing irrigated turf and replace that area with either water wise landscape
species or an alternative with a watering requirement that is less than or equal
to the water needs of the area landscaped with water wise landscaping.
Calculating the area of a remodel shall be done in accordance with the
California Building Code.
B. Residential Uses
1. New projects consisting of solely residential uses shall be prohibited from
installing and maintaining irrigated turf in the front yard of the property. For
purposes of this section, the front yard is defined as the portion of the lot
between the structure and the front property line.
2. Turf installations in the rear yard of residential properties is limited to either,
whichever is less:
a. 500 square feet, or
b. Twenty-five percent (25%) of the total rear yard area.
c. For purposes of this section, the rear yard is defined as the portion of
the lot between the structure and the rear property line.
3. Proposed remodels or additions constituting fifty percent (50%) or more of the
floor area of a property consisting of solely residential uses at the time when a
Page 118 of 243
ORDINANCE NO.
PAGE 4
-4-
building permit is issued for the residential remodel shall meet the following
requirements:
a. . Removal of all turf in the front yard and a reduction of the amount of
turf in the rear yard to 25% of the total yard area. The areas in which
turf is required to be removed shall be replaced with either water wise
landscape species or an alternative with a watering requirement that is
less than or equal to the water needs of the area landscaped with water
wise landscaping. Calculating the area of a remodel shall be done in
accordance with the California Building Code.
b. Where installation of turf in the rear yard is infeasible due to lack of
available area, solar access, or the presence of existing structures, as
determined by the Director of Community Development, irrigated turf
may be alternatively installed and maintained in the front yard at no
more than twenty-five percent (25%) of the total yard area.
SECTION 6. Publication. A summary of this ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Grande at least five days prior
to the City Council meeting at which the proposed ordinance is to be adopted. A certified
copy of the full text of the proposed ordinance shall be posted in the office of the City
Clerk. Within 15 days after adoption of the ordinance, the summary with the names of
those City Council members voting for and against the ordinance shall be published
again, and the City Clerk shall post a certified copy of the full text of such adopted
ordinance.
SECTION 7. Effective Date. This ordinance shall become effective 30 days after
adoption.
SECTION 8. Severability. Should any provision of this ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have
no effect on any other provision of this ordinance or the application of this ordinance to
any other person or circumstance, and, to that end, the provisions hereof are severable.
The City Council declares that it would have adopted all the provisions of this ordinance
that remain valid if any provisions of this ordinance are declared invalid.
SECTION 9. Records. The documents and materials associated with this
ordinance that constitute the record of proceedings on which the City Council’s findings
and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA
93420. The City Clerk is the custodian of the record of proceedings.
Page 119 of 243
ORDINANCE NO.
PAGE 5
-5-
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2023.
Page 120 of 243
ORDINANCE NO.
PAGE 6
-6-
___________________________________
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 121 of 243
Item 10.a.
Ian
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
SUBJECT: Consider a Resolution for the Installation of One (1) Domestic Well on
Property Zoned Planned Development (PD); Applicant – Michael
Harris; Representative – Richard Burde, SLO Civil Design
DATE: November 28, 2023
RECOMMENDATION:
On October 24, 2023, this public hearing item was opened and continued to a date certain
of November 28, 2023. Staff requests that this item be considered on January 9, 2024,
and will re-notice a public hearing for that date. City staff has worked with applicant to
find a mutually satisfactorily date for the hearing and determined January 9, 2024 works
with applicant’s availability.
Page 122 of 243
Item 11.a.
MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, City Engineer/Interim Public Works Director
SUBJECT: Consideration of an Award of Contract to ADT Commercial, LLC for
Construction of the Public Safety Camera System Project, PW 2023 -10
and Find the Action Exempt From CEQA
DATE: November 28, 2023
SUMMARY OF ACTION:
Award a construction contract for the Public Safety Camera System Project (Project) to
ADT Commercial, LLC (ADT). This project includes the installation of 37 cameras
throughout the City and the control system required to monitor the cameras.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The FY 2023-24 Capital Improvement Program (CIP) budget includes $1,125,000 for the
Public Safety Camera System Project consisting of the following funds: $244,300 of
Community Oriented Policing Services (COPS) funds and $880,700 of American Rescue
Plan Act (ARPA) funds.
Five bids were received by the bid opening date and time of October 17, 2023, 2:00 PM.
The low bid of $430,411 with a 20% contingency of $86,082.21, and no design costs ,
totals $516,493.21, well within the budgeted funds. The 20% contingency is higher than
normal contingency due to the unique technical nature of this project and the high
potential for additional funding that may be needed to address unforeseen conditions or
issues.
With this lower than anticipated project cost the City will use ARPA funds for the entire
project cost and bring forward a future Council item to reallocate the remaining funds.
There are costs to maintain the system that will need to be budgeted annually totaling an
estimated $73,800. Approximately $46,000 is required each year for operational service,
technical support, and basic upkeep of the system, and the remainder is recommended
for software upgrades and preventive maintenance.
Staff time will be necessary during construction for project administration and
management.
Page 123 of 243
Item 11.a.
City Council
Consideration of an Award of Contract to ADT Commercial, LLC for Construction
of the Public Safety Camera System Project, PW 2023-10 and Find the Action
Exempt From CEQA
November 28, 2023
Page 2
RECOMMENDATION:
1) Award a contract for the Public Safety Camera System Project to ADT Commercial,
LLC in the amount of $430,411, in substantially final form subject to any minor, technical
or non-substantive changes approved by the City Manager in consultation with the City
Attorney; 2) Authorize the City Manager to approve change orders of 20% of the contract
amount, $86,082.21, for unanticipated costs during the construction phase of the Project;
3) Determine that the Project is categorically exempt from the California Environmen tal
Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing structures,
facilities, mechanical equipment, or topographical features where the pro ject involves
negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301).
BACKGROUND:
Approximately seven years ago, the Arroyo Grande Police Department (AGPD) initiated
a public safety camera system allowing police officers the ability to monitor and retain
video footage from twenty-three (23) designated cameras strategically placed throughout
the City.
This system has since completely failed at every location leaving the City unmonitored.
In 2022, the AGPD developed a plan to revitalize the camera system by entering into a
contract with a vendor who can install and service cameras.
An RFP was issued in June, 2022. Three bids were received prior to the bid opening
deadline. The proposals received were difficult to compare because some included
monthly maintenance costs and the RFP was not as clear as desired to compare the
proposals.
On August 8, 2023, the City Council rejected all bids and authorized the City Clerk to
advertise for sealed construction bids.
City staff formed a project team to develop a list of minimum specifications and camera
locations for this project. The project team included Commanders Zak Ayala and Dave
Culver from the AGPD, Kevin Waddy and Jason Hodges from Information Technology,
and Shannon Sweeney from Public Works. Staff focused on placing cameras in areas
under City control and not on private property or on poles belonging to other agencies.
Attachment 3 shows the camera locations ultimately selected.
These camera locations and minimum technical specifications formed the basis of a
Notice Inviting Bids that was issued on September 27, 2023. The Notice Inviting Bids was
published in the local paper, posted on the City’s website, and distributed to plan rooms.
In addition, staff sent an email to twelve potential bidders to inform them of the project.
Page 124 of 243
Item 11.a.
City Council
Consideration of an Award of Contract to ADT Commercial, LLC for Construction
of the Public Safety Camera System Project, PW 2023-10 and Find the Action
Exempt From CEQA
November 28, 2023
Page 3
Five bids were received by the bid opening date and time of October 17, 2023, 2:00 PM.
Bids ranged from $430,411 to $945,885.63 (See Bid Opening Log – Attachment 2).
ANALYSIS OF ISSUES:
The lowest responsible bidder for construction of the project was ADT Commercial, LLC
with a bid of $430,411. This amount, plus contingency and all other associated anticipated
costs are well within the amount budgeted for this project in FY 2023-24.
Project team members reviewed ADT’s bid to verify conformance with the minimum
specifications. The project team met with ADT on November 8, 2023, to view a
demonstration of software and to ask any remaining clarifying questions. The project team
was satisfied with ADT’s responses. Kevin Waddy, the City’s IT Manager, contacted the
City of Corona and City of Long Beach, two municipalities that were provided as
references. Both cities provided favorable responses to questions regarding both the
product being installed and the contractor itself.
Annual costs are standard for this type of project. Costs to maintain the system that will
need to be budgeted annually total an estimated $73,800. A breakdown of these costs is
provided below:
a. technical support: $46,000 (required, first year included in project cost)
b. software licensing: $1,800 (recommended after year 1)
c. preventive maintenance: $26,000 (recommended after year 1)
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. 1) Award a contract for the Public Safety Camera System Project to ADT
Commercial LLC in the amount of $430,411, in substantially final form subject to
any minor, technical or non-substantive changes approved by the City Manager in
consultation with the City Attorney; 2) Authorize the City Manager to approve
change orders for 20% of the contract amount, $86,082.21, for unanticipated costs
during the construction phase of the project (total construction costs = $430,411 +
$86,082.21 = $516,493.21); and 3) Determine that the project is categorically
exempt from the California Environmental Quality Act (CEQA) pursuant to
Guidelines Class 1 Section 15301 Existing Facilities, Class 2 Section 15302
Replacement or Reconstruction, and Class 4 Section 15304 Minor Alterations of
Land;
2. Do not approve staff’s recommendations and request further information;
3. Modify staff’s recommendation and approve; or
4. Provide direction to staff.
Page 125 of 243
Item 11.a.
City Council
Consideration of an Award of Contract to ADT Commercial, LLC for Construction
of the Public Safety Camera System Project, PW 2023-10 and Find the Action
Exempt From CEQA
November 28, 2023
Page 4
ADVANTAGES:
Installation of the Public Safety Camera System Project is anticipated to provide the
following advantages:
a. Provide a mechanism for police staff to gather evidence following criminal activity
and traffic accidents;
b. Increase monitoring of City facilities for protection against vandalism, graffiti, and
other negative activities;
c. Improve resident, business owner, and visitor sense of safety.
DISADVANTAGES:
Installation of the Public Safety Camera System Project may have the following
disadvantages:
a. The process of installing the cameras and control system may create temporary
inconveniences to the public in the vicinity of the installation. Staff will work to
minimize these inconveniences to the greatest extent practicable ;
b. Some members of the public may view this project as a surveillance system to spy
on the public, rather than its intended purpose, which is to provide the opportunity
to follow up on criminal activity and gather evidence;
There are costs to maintain the system that will need to be budgeted annually totaling an
estimated $73,800. The first year’s required costs are already incorporated in the base
bid. Even when recurring costs are factored in for five years after project installation, ADT
is the low bid.
ENVIRONMENTAL REVIEW:
This Project is categorically exempt from the California Environmental Quality Act
(“CEQA”) under the Class 1 exemption, which applies to the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing structures,
facilities, mechanical equipment, or topographical features where the project involves
negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301 ).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Agreement (specifications and addenda excluded from this attachment
for brevity, but will be incorporated following Council approval)
2. Bid Opening Log Sheet
3. Camera locations
Page 126 of 243
ATTACHMENT 1
ARROYO GRANDE
CONSTRUCTION CONTRACT
CITY OF ARROYO GRANDE PUBLIC SAFETY CAMERA SYSTEM PROJECT
1.PARTIES AND DATE.
This contract ("Contract" or "Contract Documents") is made and entered into this 28 day
of November, 2023 by and between the Arroyo Grande, a public agency of the State of California
("City") and ADT Commercial, LLC, a corporation with its principal place of business at 210 W.
Baywood Ave., Orange, CA 92865 ("Contractor"). City and Contractor are sometimes individually
referred to as "Party" and collectively as "Parties" in this Contract.
2.RECITALS.
2.1 Q!y. City is a public agency organized under the laws of the State of California,
with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the
provision of certain construction services required by the City on the terms and conditions set
forth in this Contract. Contractor represents that it is duly licensed and experienced in providing
camera system installation and setup related construction services to public clients, that it and its
employees or subcontractors have all necessary licenses and permits to perform the services in
the State of California, and that it is familiar with the plans of City. The following license
classifications are required for this Project: C7
2.3 Project. City desires to engage Contractor to render such services for the City Of
Arroyo Grande Public Safety Camera System Project ("Project") as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, a performance bond, a payment bond, and all insurance documentation,
as required by the Contract.
3.TERMS
3.1 Incorporation of Documents. This Contract and the Contract Documents includes
and hereby incorporates in full by reference the following documents, including all exhibits,
drawings, specifications and documents therein, and attachments and addenda thereto:
•Services/Schedule (Exhibit "A")
•Plans and Specifications (Exhibit "B")•Special Conditions (Exhibit "C")
•Contractor's Certificate Regarding Workers' Compensation (Exhibit "D")
•Public Works Contractor Registration Certification (Exhibit "E")
•Payment and Performance Bonds (Exhibit "F")
•Federal Requirements (Exhibit "G")•Addenda
•Change Orders executed by the City
1
l 7236.00012\34973553.3
Page 127 of 243
•2021 Edition of the Standard Specifications for Public Works Construction
(The Greenback), Excluding Sections 1-9
•Notice Inviting Bids, if any
•Instructions to Bidders, if any
•Contractor's Bid
3.2 Contractor's Basic Obligation: Scope of Work. Contractor promises and agrees,
at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services,
and incidental and customary work necessary to fully and adequately complete the Project,
including all structures and facilities necessary for the Project or described in the Contract
(hereinafter sometimes referred to as the "Work"), for a Total Contract Price as specified pursuant
to this Contract. All Work shall be subject to, and performed in accordance with the above
referenced documents, as well as the exhibits attached hereto and incorporated herein by
reference. The plans and specifications for the Work are further described in Exhibit "B" attached
hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work
are described in Exhibit "C" attached hereto and incorporated herein by this reference.
3.2. 1 Change in Scope of Work. Any change in the scope of the Work, method
of performance, nature of materials or price thereof, or any other matter materially affecting the
performance or nature of the Work shall not be paid for or accepted unless such change, addition
or deletion is approved in writing by a valid change order executed by the City. Should Contractor
request a change order due to unforeseen circumstances-affecting the performance of the Work,
such request shall be made within five (5) business days of the date such circumstances are
discovered or shall waive its right to request a change order due to such circumstances. If the
Parties cannot agree on any change in price required by such change in the Work, the City may
direct the Contractor to proceed with the performance of the change on a time and materials
basis.
3.2.2 Substitutions/"Or Equal". Pursuant to Public Contract Code Section
3400(b ), the City may make a finding that designates certain products, things, or services by
specific brand or trade name. Unless specifically designated in this Contract, whenever any
material, process, or article is indicated or specified by grade, patent, or proprietary name or by
name of manufacturer, such Specifications shall be deemed to be used for the purpose of
facilitating the description of the material, process or article desired and shall be deemed to be
followed by the words "or equal."
Contractor may, unless otherwise stated, offer for substitution any material,
process or article which shall be substantially equal or better in every respect to that so indicated
or specified in this Contract. However, the City may have adopted certain uniform standards for
certain materials, processes and articles. Contractor shall submit requests, together with
substantiating data, for substitution of any "or equal" material, process or article no later than
thirty-five (35) days after award of the Contract. To facilitate the construction schedule and
sequencing, some requests may need to be submitted before thirty-five (35) days after award of
Contract. Provisions regarding submission of "or equal" requests shall not in any way authorize
an extension of time for performance of this Contract. If a proposed "or equal" substitution request
is rejected, Contractor shall be responsible for providing the specified material, process or article.
The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process
or article is an "or equal" material, process or article that may be substituted. Data required to
2
17236.00012\34973553.3
Page 128 of 243
substantiate requests for substitutions of an "or equal" material, process or article data shall
include a signed affidavit from Contractor stating that, and describing how, the substituted "or
equal" material, process or article is equivalent to that specified in every way except as listed on
the affidavit. Substantiating data shall include any and all illustrations, specifications, and other
relevant data including catalog information which describes the requested substituted "or equal"
material, process or article, and substantiates that it is an "or equal" to the material, process or
article. The substantiating data must also include information regarding the durability and
lifecycle cost of the requested substituted "or equal" material, process or article. Failure to
submit all the required substantiating data, including the signed affidavit, to the City in a timely
fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City's costs associated with the review of
substitution requests. Contractor shall be responsible for all costs related to a substituted "or
equal" material, process or article. Contractor is directed to the Special Conditions (if any) to
review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages. Contractor shall perform and
complete all Work under this Contract within 90 working days, beginning the effective date of the
Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with
any completion schedule, construction schedule or project milestones developed by the City.
Such schedules or milestones may be included as part of Exhibits "A" or "B" attached hereto, or
may be provided separately in writing to Contractor. Contractor agrees that if such Work is not
completed within the aforementioned Contract Time and/or pursuant to any such completion
schedule, construction schedule or project milestones developed pursuant to provisions of the
Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated
damages the sum of Six Hundred Dollars ($600) per day for each and every calendar day of
delay beyond the Contract Time or beyond any completion schedule, construction schedule or
Project milestones established pursuant to the Contract.
3.4 Standard of Performance: Performance of Employees. Contractor shall perform
all Work under this Contract in a skillful and workmanlike manner, and consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Work. Contractor warrants that all employees and subcontractors shall
have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Work, including any required
business license, and that such licenses and approvals shall be maintained throughout the term
of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall
perform, at its own cost and expense and without reimbursement from the City, any work
necessary to correct errors or omissions which are caused by Contractor's failure to comply with
the standard of care provided for herein. Any employee who is determined by the City to be
uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who
fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly
removed from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship. City retains
Contractor on an independent contractor basis and Contractor is not an employee of City. Any
additional personnel performing the work governed by this Contract on behalf of Contractor shall
3
17236.00012\34973553.3
Page 129 of 243
at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance under this
Contract and as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, and workers' compensation insurance.
3.6 City's Basic Obligation. City agrees to engage and does hereby engage
Contractor as an independent contractor to furnish all materials and to perform all Work according
to the terms and conditions herein contained for the sum set forth above. Except as otherwise
provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory
performance by Contractor of the services and obligations required by this Contract, the below
referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3. 7 .1 Amount of Compensation. As consideration for performance of the Work
required herein, City agrees to pay Contractor the Total Contract Price of Four Hundred Thirty
Thousand Four Hundred Eleven Dollars ($430,411.00) ("Total Contract Price") provided that such
amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written
change orders approved and signed in advance by the City.
3. 7.2 Payment of Compensation. If the Work is scheduled for completion in thirty
(30)or less calendar days, City will arrange for payment of the Total Contract Price upon
completion and approval by City of the Work. If the Work is scheduled for completion in more
than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.
On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized
application for payment in the format supplied by the City indicating the amount of Work completed
since commencement of the Work or since the last progress payment. These applications shall
be supported by evidence which is required by this Contract and such other documentation as
the City may require. The Contractor shall certify that the Work for which payment is requested
has been done and that the materials listed are stored where indicated. Contractor may be
required to furnish a detailed schedule of values upon request of the City and in such detail and
form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other
expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests
in accordance with the provisions set forth in Section 20104.50 of the California Public Contract
Code. However, no progress payments will be made .for Work not completed in accordance with
this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to
the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent
(5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All
Contract retention shall be released and paid to Contractor and subcontractors pursuant to
California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct
from each progress payment an amount necessary to protect City from loss because of: (1)
liquidated damages which have accrued as of the date of the application for payment; (2) any
sums expended by the City in performing any of Contractor's obligations under the Contract which
Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; 4 17236.00012\34973553.3 Page 130 of 243
(4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for
the unpaid balance of the Total Contract Price or within the scheduled completion date; (6)
unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the
Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient
documentation as required by the Contract or by City during the prosecution of the Work; (9)
erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums
representing expenses, losses, or damages as determined by the City, incurred by the City for
which Contractor is liable under the Contract; and ( 11) any other sums which the City is entitled
to recover from Contractor under the terms of the Contract or pursuant to state law, including
Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums
from a progress payment shall not constitute a waiver of the City's right to such sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California Public
Contract Code Section 22300, the City will permit the substitution of securities for any monies
withheld by the City to ensure performance under the Contract. At the request and expense of
Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with
a state or federally chartered bank in California as the escrow agent, and thereafter the City shall
then pay such monies to Contractor as they come due. Upon satisfactory completion of the
Contract, the securities shall be returned to Contractor. For purposes of this Section and Section
22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean
the time the City has issued written final acceptance of the Work and filed a Notice of Completion
as required by law and provisions of this Contract. Contractor shall be the beneficial owner of
any securities substituted for monies withheld and shall receive any interest thereon. The escrow
agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to
Work for which such payments are made shall pass to the City at the time of payment. To the
extent that title has not previously been vested in the City by reason of payments, full title shall
pass to the City at delivery of the Work at the destination and time specified in this Contract. Such
transferred title shall in each case be good, free and clear from any and all security interests,
liens, or other encumbrances. Contractor promises and agrees that it will not pledge,
hypothecate, or otherwise encumber the items in any manner that would result in any lien, security
interest, charge, or claim upon or against said items. Such transfer of title shall not imply
acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the
Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and
material releases from all subcontractors performing work on, or furnishing materials for, the Work
governed by this Contract prior to final payment by City.
3.7.9 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations,
Title 8, Section 16000 et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. Since the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$25,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem
wages for each craft, classification or type of worker needed to execute the Services available to
5 l 7236.00012\34973553.3 Page 131 of 243
interested parties upon request, and shall post copies at Contractor's principal place of business
and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers,
employees and agents free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall
forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than
the prevailing wage rates.
3.7.10 Apprenticeable Crafts. If the Total Contract Price exceeds $35,000 and if
Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the
provisions of Section 1777.5 of the California Labor Code with respect to the employment of
properly registered apprentices upon public works. The primary responsibility for compliance with
said section for all apprenticeable occupations shall be with Contractor. The Contractor or any
subcontractor that is determined by the Labor Commissioner to have knowingly violated Section
1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of
noncompliance, or such greater amount as provided by law.
3.7.11 Hours of Work. If the Total Contract Price exceeds $25,000, Contractor is
advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the
California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that
each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40)
hours in any one calendar week, except when payment for overtime is made at not less than one
and one-half (1-1/2) times the basic rate for that worker.
3. 7.12 Payroll Records. If the Total Contract Price exceeds $25,000, Contractor
and each subcontractor shall keep an accurate payroll record, showing the name, address, social
security number, work classification, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed by him or her in connection with the public work. The payroll records shall be certified
and shall be available for inspection at all reasonable hours at the principal office of Contractor in
the manner provided in Labor Code section 1776. In the event of noncompliance with the
requirements of this section, Contractor shall have 1 0 days in which to comply subsequent to
receipt of written notice specifying in what respects such Contractor must comply with this section.
Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to
City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until
strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor
Commissioner. A contractor who is found to have violated the provisions of law regarding wages
on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for
a period of one to three years as determined by the Labor Commissioner. Upon the request of
the Division of Apprenticeship Standar<ls or the Division of Labor Standards Enforcement, such
penalties shall be withheld from progress payments then due. The responsibility for compliance
with this section is on Contractor. The requirement to submit certified payroll records directly to
the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a
public works project that is exempt pursuant to the small project exemption specified in Labor
Code Section 1771.4.
3. 7.13 Contractor and Subcontractor Registration. If the Total Contract Price
exceeds $25,000, then pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and
subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform
public work must be registered with the Department of Industrial Relations. No bid will be
accepted nor any contract entered into without proof of the contractor's and subcontractors'
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current registration with the Department of Industrial Relations to perform public work. Contractor
is directed to review, fill out and execute the Public Works Contractor Registration Certification
attached hereto as Exhibit "E" prior to contract execution. Notwithstanding the foregoing, the
contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.7.14 Labor Compliance: Stop Orders. If the Total Contract Price exceeds
$25,000, Contractor acknowledges that it is aware that this Project is subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be the
Contractor's sole responsibility to evaluate and pay the cost of complying with all labor
compliance requirements under this Contract and applicable law. Any stop orders issued by the
Department of Industrial Relations against Contractor or any subcontractor that affect
Contractor's performance of Work, including any delay, shall be Contractor's sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Contractor caused delay subject to any applicable liquidated damages and shall not be
compensable by the City. Contractor shall defend, indemnify and hold the City, its officials,
officers, employees and agents free and harmless from any claim or liability arising out of stop
orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor
shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance
with all local, state and federal laws, rules and regulations that may impact, or be implicated by
the performance of the Work including, without limitation, all applicable provisions of the Federal
Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality
Control Act (Cal Water Code§§ 13000-14950); local ordinances regulating discharges of storm
water; and any and all regulations, policies, or permits issued pursuant to any such authority
regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality
Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General
Permit. Contractor shall comply with all conditions of the most recent iteration of the National
Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated
with Construction Activity, issued by the California State Water Resources Control Board
("Permit"). It shall be Contractor's sole responsibility to file a Notice of Intent and procure coverage
under the Permit for all construction activity which results in the disturbance of more than one
acre of total land area or which is part of a larger common area of development or sale. Prior to
initiating work, Contractor shall be solely responsible for preparing and implementing a Storm
Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be
responsible for procuring, implementing and complying with the provisions of the Permit and the
SWPPP, including the standard provisions, and monitoring and reporting requirements as
required by the Permit. The Permit requires the SWPPP to be a "living document" that changes
as necessary to meet the conditions and requirements of the job site as it progresses through
difference phases of construction and is subject to different weather conditions. It shall be
Contractor's sole responsibility to update the SWPPP as necessary to address conditions at the
project site. 7 l 7236.00012\34973553.3 Page 133 of 243
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City,
or local agency regarding discharges of storm water to separate storm drain systems or other
watercourses under their jurisdiction, including applicable requirements in municipal storm water
management programs.
3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other
waters may be encountered at various times during construction of The Work. Therefore, the
Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from
such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising
therefrom.
3.8.1.5 Liability for Non-Compliance. Failure to comply with the
Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this
Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its
officials, officers, employees, volunteers and agents for any alleged violations. In addition, City
may seek damages from Contractor for any delay in completing the Work in accordance with the
Contract. if such delay is caused by or related to Contractor's failure to comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to
defend any enforcement action brought against the City for Contractor's failure to comply with the
Permit or any other relevant water quality law, regulation, or policy. Pursuant to the
indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to
reimburse the City for the costs (including the City's attorney's fees) associated with, any
settlement reached between the City and the relevant enforcement entity.
3.8.1. 7 Training. In addition to the standard of performance
requirements set forth in paragraph 3.4, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in paragraph 3.8.1 as they may relate to the Work provided under this
Agreement. Upon request, City will provide the Contractor with a list of training programs that
meet the requirements of this paragraph.
3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. Contractor shall comply with the requirements of the
specifications relating to safety measures applicable in particular operations or kinds of work. In
carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state
and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the Work and the conditions under which the Work is
to be performed. Safety precautions as applicable shall include, but shall not be limited to,
adequate life protection and lifesaving equipment; adequate illumination for undergrou nd and
night operations; instructions in accident prevention for all employees, such as machinery guards,
safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching
and shoring, fall protection and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the
proper inspection and maintenance of all safety measures. Furthermore, Contractor shall
prominently display the names and telephone numbers of at least two medical doctors practicing
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in the vicinity of the Project, as well as the telephone number of the local ambulance service,
adjacent to all telephones at the Project site.
3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give
all notices required by law. Contractor shall be liable for all violations of such laws and
regulations in connection with Work. If Contractor observes that the drawings or specifications
are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any
necessary changes shall be made by written change order. If Contractor performs any work
knowing it to be contrary to such laws, rules and regulations and without giving written notice to
the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public
entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and
agreed that all provisions of the law applicable to the public contracts of a municipality are a
part of this Contract to the same extent as though set forth herein and will be complied with.
Contractor shall defend, indemnify and hold City, its officials, officers, employees and
agents free and harmless, pursuant to the indemnification provisions of this Contract,
from any claim or liability arising out of any failure or alleged failure to comply with such laws,
rules or regulations.
3.8.4 Permits and Licenses. Contractor shall be responsible for securing City
permits and licenses necessary to perform the Work described herein, including, but not limited
to, any required business license. While Contractor will not be charged a fee for any City permits,
Contractor shall pay the City's business license fee, if any. Any ineligible contractor or
subcontractor pursuant to Labor Code Sections 1777 .1 and 1777. 7 may not perform work on this
Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the
Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more
in depth, Contractor shall comply with all applicable provisions of the California Labor Code,
including Section 6705. To this end, Contractor shall submit for City's review and approval a
detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for
worker protection from the hazard of caving ground during the excavation of such trench or
trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a
registered civil or structural engineer.
3.8.6 Hazardous Materials and Differing Conditions. As required by California
Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations
that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to
disturbance of any conditions, notify City of: (1) any material discovered in excavation that
Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II
or Class Ill disposal site; (2) subsurface or latent physical conditions at the site differing from
those indicated by City; and (3) unknown physical conditions of an unusual nature at the site,
significantly different from those ordinarily encountered in such contract work. Upon notification,
City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date
and shall proceed with all Work to be performed under the Contract, but shall retain all rights
provided by the Contract or by law for making protests and resolving the dispute.
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3.8. 7 Underground Utility Facilities. To the extent required by Section 4215 of
the California Government Code, City shall compensate Contractor for the costs of: (1) locating
and repairing damage to underground utility facilities not caused by the failure of Contractor to
exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in
the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall
not be assessed liquidated damages for delay caused by failure of City to provide for removal or
relocation of such utility facilities.
3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and
regulations in furnishing or using equipment and/or providing services, including, but not limited
to, emissions limits and permitting requirements imposed by the California Air Resources Board
(CARB). Although CARB limits and requirements are more broad, Contractor shall specifically
be aware of their application to "portable equipment", which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB, or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling
Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly
diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work
required herein, Contractor shall so notify City in writing and shall furnish all labor and material
releases required by this Contract. City shall thereupon inspect the Work. If the Work is not
acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items
of Work which are unsatisfactory or incomplete. Once Contractor determines that it has
completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the
City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price
remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107
of the California Public Contract Code.
3.10 Claims: Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California
Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial
supervised mediation, and judicial arbitration to resolve disputes on construction claims of
$375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes
a process for negotiation and mediation to resolve disputes on construction claims. The intent of
this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public
Contract Code. This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, "Claim" means a separate demand
by the Contractor, after a change order duly requested in accordance with the terms of this
Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages
arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an
amount the payment of which is disputed by the City. Claims governed by this Section may not
be filed unless and until the Contractor completes all procedures for giving notice of delay or
change and for the requesting of a time extension or change order, including but not necessarily
limited to the change order procedures contained herein, and Contractor's request for a change 10 17236.00012\34973553.3 Page 136 of 243
has been denied in whole or in part. Claims governed by this Section must be filed no later than
fourteen (14) days after a request for change has been denied in whole or in part or after any
other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall
include on its first page the following in 16 point capital font: "THIS IS A CLAIM." Furthermore,
the claim shall include the documents necessary to substantiate the claim. Nothing in this
Section is intended to extend the time limit or supersede notice requirements otherwise
provided by contract for the filing of claims, including all requirements pertaining to compensation
or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such
contractual requirements shall bar any claims or subsequent lawsuits for compensation or
payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the
following format:
3.10.3.1 Summary of claim merit and price, reference Contract
Document provisions pursuant to which the claim is made
3.10.3.2
3.10.3.3
3.10.3.4
3.10.3.5
3.10.3.6
List of documents relating to claim:
(A)Specifications
(B)Drawings
(C)Clarifications (Requests for Information)
(D)Schedules
(E)Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
3.10.3. 7 If Contractor's claim is based in whole or in part on an
allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall
provide a summary of the percentage of the claim subject to design errors or omissions and shall
obtain a certificate of merit in support of the claim of design errors and omissions.
3.10.3.8 Cover letter and certification of validity of the claim, including
any claims from subcontractors of any tier, in accordance with Government Code section 12650
et seq.
3.10.4 City's Response. Upon receipt of a claim pursuant to this Section, City
shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall
provide the Contractor a written statement identifying what portion of the claim is disputed and
what portion is undisputed. Any payment due on an undisputed portion of the claim will be
processed and made within 60 days after the public entity issues its written statement.
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3.10.4.1 If City needs approval from its governing body to provide the
Contractor 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 mail, return receipt
requested, City 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 Contractor a written
statement identifying the disputed portion and the undisputed portion.
3.10.4.2 Within 30 days of receipt of a claim, City may request in
writing additional documentation supporting the claim or relating to defenses or claims City may
have against the Contractor. If additional information is thereafter required, it shall be requested
and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
3.10.4.3 City's written response to the claim, as further documented,
shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15
days) after receipt of the further documentation, or within a period of time no greater than that
taken by the Contractor in producing the additional information or requested documentation,
whichever is greater.
3.10.5 Meet and Confer. If the Contractor disputes City's written response, or City
fails to respond within the time prescribed, the Contractor may so notify City, in writing, either
within 15 days of receipt of City's response or within 15 days of City's failure to respond within the
time prescribed, respectively, and demand an informal conference to meet and confer for
settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and
confer conference within 30 days for settlement of the dispute.
3.10.6 Mediation. 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, City shall provide
the Contractor 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 City issues its written statement. Any disputed portion
of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation,
with City and the Contractor sharing the associated costs equally. City and Contractor shall
mutually agree to a mediator within 10 business days after the disputed portion of the claim has
been identified in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1 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.
3.10.6.2 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.
3.10.6.3 Unless otherwise agreed to by City 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.
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3.10.6.4 The mediation shall be held no earlier than the date the
Contractor completes the Work or the date that the Contractor last performs Work, whichever is
earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new
unrelated claim arises after mediation is completed.
3.10. 7 Procedures After Mediation. If following the mediation, the claim or any
portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing
with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title
1 of the Government Code. For purposes of those provisions, the running of the period of time
within which a claim must be filed shall be tolled from the time the Contractor submits his or her
written claim pursuant to subdivision (a) until the time the claim is denied, including any period of
time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions
filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlier than 30 days, following the
filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless
waived by mutual stipulation of both parties or unless mediation was held prior to commen cement
of the action in accordance with Public Contract Code section 9204 and the terms of these
procedures .. The mediation process shall provide for the selection within 15 days by both parties
of a disinterested third person as mediator, shall be commenced within 30 days of the submittal,
and shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted
to judicial arbitration pursuant to Chapter 2.5 ( commencing with Section 1141.10) of Title 3 of Part
3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil
Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4
of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision
consistent with the rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section
1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible,
be experienced in construction law, and (B) any party appealing an arbitration award who does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, also pay the attorney's fees on appeal of the other party.
3.10.9 Government Code Claims. In addition to any and all contract requirements
pertaining to notices of and requests for compensation or payment for extra work, disputed work,
claims and/or changed conditions, Contractor must comply with the claim procedures set forth in
Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such
Government Code claims and any subsequent lawsuit based upon the Government Code claims
shall be limited to those matters that remain unresolved after all procedures pertaining to extra
work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no
such Government Code claim is submitted, or if any prerequisite contractual requirements are not
otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining
a valid lawsuit against the City.=A Government Code claim must be filed no earlier than the date
the work is completed or the date the Contractor last performs work on the Project, whichever
occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new
unrelated claim arises after the Government Code claim is submitted. 13 17236.00012\34973553.3 Page 139 of 243
3.10.1 O Non-Waiver. City's failure to respond to a claim from the Contractor
within the time periods described in this Section or to otherwise meet the time requirements of
this Section shall result in the claim being deemed rejected in its entirety. City's failure to respond
shall not waive City's rights to any subsequent procedures for the resolution of disputed claims.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall
be responsible for all loss and damage which may arise out of the nature of the Work agreed to
herein, 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 the same is fully completed and accepted by
City. In the event of damage proximately caused by an Act of God, as defined by Section 7105
of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3;
provided, however, that the City needs to provide Contractor with only one (1) day advanced
written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and
authorized volunteers free and harmless from any and all claims, demands, causes of action,
suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements,
loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged
acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Contractor's
services, the Project or this Agreement, including without limitation the payment of all
consequential damages, expert witness fees and attorneys' fees and other related costs and
expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782,
Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury
to persons, injury to property, or any other loss, damage or expense arising from the sole or active
negligence or willful misconduct of the City or the City's agents, servants, or independent
contractors who are directly responsible to the City, or for defects in design furnished by those
persons.
3.12.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City or its officials, employees,
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall
also reimburse City for the cost of any settlement paid by City or its officials, employees, agents
and authorized volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for City's attorney's fees and costs, including expert witness
fees. Contractor shall reimburse City and its officials, employees, agents and authorized
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall
not be restricted to insurance proceeds, if any, received by the City, its officials, employees,
agents and authorized volunteers.
3.13 Insurance.
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3.13.1 Time for Compliance. Contractor shall not commence Work under
this Contract until it has provided evidence satisfactory to the City that it has secured all insurance
required under this section. In addition, Contractor shall not allow any subcontractor to
commence work on any subcontract until it has provided evidence satisfactory to the City that the
subcontractor has secured all insurance required under this section. Failure to provide and
maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, 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, its agents, representatives, employees or subcontractors. Contractor
shall also require all of its subcontractors to procure and maintain the same insurance for the
duration of the Contract. Such insurance shall meet at least the following minimum levels of
coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office
Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for
operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business
Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers' Compensation and
Employer's Liability: Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate
for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per
accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's
Liability: Workers' compensation limits as required by the Labor Code of the State of California.
Employer's Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and
each employee bodily injury or disease. Defense costs shall be available in addition to the limits.
Notwithstanding the minimum limits specified herein, any available coverage shall be provided to
the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements (amendments) on forms supplied
or approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liability. ( 1) Such policy shall give the City, its
officials, employees, agents and authorized volunteers additional insured status using ISO
endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same
coverage, with respect to the Work or operations performed by or on behalf of Contractor,
including materials, parts or equipment furnished in connection with such work; (2) all policies
shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by
the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any
person named as an additional insured pursuant to this Contract, and Contractor agrees to waive
all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as
respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage.
Any insurance or self-insurance maintained by the City, its officials, employees, agents and 15 17236.00012\34973553 .3 Page 141 of 243
authorized volunteers shall be excess of Contractor's insurance and shall not be called upon to
contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its
officials, employees, agents and authorized volunteers additional insured status with respect to
the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive
or shall permit Contractor to waive all rights of subrogation which may be obtained by the
Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person
named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such
rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the
City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any
insurance or self-insurance maintained by the City, its officials, employees, agents and authorized
volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute
with it in any way.
3.13.3.3 Workers' Compensation and Employer's Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees,
agents and authorized volunteers for losses paid under the terms of the insurance policy which
arise from work performed by Contractor.
3.13.3.4 All Coverages. Each insurance policy required by this
Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (2) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In addition,
such insurance shall not contain any special limitations on the scope of protection afforded to the
City, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. Contractor shall guarantee that,
at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self
insured retentions as respects the City, its officials, employees, agents and authorized volunteers;
or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City
guaranteeing payment of losses and related investigation costs, claims and administrative and
defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and
satisfactory to the City. Exception may be made for the State Compensation Insurance Fund
when not specifically rated.
3.13. 7 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Contract on forms
satisfactory to the City. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on fonns
16 17236.00012\34973553.3 Page 142 of 243
supplied or approved by the City. All certificates and endorsements must be received and
approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of
this Section before commencing Work. Contractor shall furnish separate certificates and
endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall
name the City, its officials, employees, agents and authorized volunteers as additional insureds
using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages
for subcontractors shall be subject to all of the requirements stated herein except as otherwise
agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition
to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with
the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by
City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute
and provide to City concurrently with this Contract a Payment Bond in an amount required by the
City and in a form provided or approved by the City. If such bond is required, no payment will be
made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit "C" attached
hereto and incorporated herein by reference, Contractor shall execute and provide to City
concurrently with this Contract a Performance Bond in an amount required by the City and in a
form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions. Should, in City's sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the
effected bond within (ten) 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten ( 10) days prior to expiration of the original bonds. No further payments shall be dee med due
or will be made under this Contract until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance
with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase to the
City. If Contractor fails to furnish any required bond, the City may terminate the Contract for
cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer,
as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a
California-admitted surety insurer issuing bonds does not meet these requirements, the insurer
will be considered qualified if it is in conformance with Section 995.660 of the California Code of
Civil Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of
this Section shall be deemed to include unauthorized work which has not been removed and any
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non-conforming materials incorporated into the Work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year ( or
the period of time specified elsewhere in the Contract or in any guarantee or warranty provided
by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever
is later) after the date of final acceptance, Contractor shall within ten ( 10) days after being notified
in writing by the City of any defect in the Work or non-conformance of the Work to the Contract,
commence and prosecute with due diligence all Work necessary to fulfill the terms of the
warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in
response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and
replace any portions of the Work ( or work of other contractors) damaged by its defective
Work or which becomes damaged in the course of repairing or replacing defective Work.
For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall
be reinstated for an additional one year period, commencing with the date of acceptance of
such corrected Work. Contractor shall perform such tests as the City may require to verify that
any corrective actions, including, without limitation, redesign, repairs, and replacements comply
with the requirements of the Contract. All costs associated with such corrective actions and
testing, including the removal, replacement, and reinstitution of equipment and materials
necessary to gain access, shall be the sole responsibility of Contractor. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Work, whether express or implied, are deemed to be obtained by Contractor for the benefit
of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming Work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.·
3.16 Employee/Labor Certifications.
3.16.1 Contractor's Labor Certification. By its signature hereunder, Contractor
certifies that he is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Work. A certification form for this purpose,
which is attached to this Contract as Exhibit "D" and incorporated herein by reference, shall be
executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility. By executing this Contract,
Contractor verifies that it fully complies with all requirements and restrictions of state and federal
law respecting the employment of undocumented aliens, including, but not limited to, the
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Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subcontractors and sub-subcontractors to comply with the same.
3.17 General Provisions.
3.17.1 City's Representative. The City hereby designates the General Manager,
or his or her designee, to act as its representative for the performance of this Contract ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Contractor shall not accept direction or orders from any person
other than the City's Representative or his or her designee.
3.17.2 Contractor's Representative. Before starting the Work, Contractor shall
submit in writing the name, qualifications and experience of its proposed representative who shall
be subject to the review and approval of the City ('"Contractor's Representative"). Following
approval by the City, Contractor's Representative shall have full authority to represent and act on
behalf of Contractor for all purposes under this Contract. Contractor's Representative shall
supervise and direct the Work, using his best skill and attention, and shall be responsible for all
construction means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Work under this Contract. Contractor's Representative shall
devote full time to the Project and either he or his designee, who shall be acceptable to the City,
shall be present at the Work site at all times that any Work is in progress and at any time that any
employee or subcontractor of Contractor is present at the Work site. Arrangements for
responsible supervision, acceptable to the City, shall be made for emergency Work which may
be required. Should Contractor desire to change its Contractor's Representative, Contractor shall
provide the information specified above and obtain the City's written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either
with our without cause, by giving Contractor three (3) days advance written notice. In the event
of termination by City for any reason other than the fault of Contractor, City shall pay Contractor
for all Work performed up to that time as provided herein. In the event of breach of the Contract
by Contractor, City may terminate the Contract immediately without notice, may reduce payment
to Contractor in the amount necessary to offset City's resulting damages, and may pursue any
other available recourse against Contractor. Contractor may not terminate this Contract except
for cause. In the event this Contract is terminated in whole or in part as provided, City may
procure, upon such terms and in such manner as it may determine appropriate, services similar
to those terminated. Further, if this Contract is terminated as provided, City may require
Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials
or other matter prepared or built by Contractor in connection with its performance of this Contract.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning
or import of any of the provisions of this Contract or written or oral instructions from City, the
matter shall be referred to City's Representative, whose decision shall be binding upon
Contractor.
3.17 .5 Anti-Trust Claims. This provision shall be operative if this Contract is
applicable to California Public Contract Code Section 7103.5. In entering into this Co ntract to
supply goods, services or materials, Contractor hereby offers and agrees to assign to the City 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. Section 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, services, or materials pursuant to the Contract. This assignment shall be made and 19 17236.00012\34973553.3 Page 145 of 243
become effective at the time the City tender final payment to Contractor, without further
acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding
interpretation of the terms of the Contract or changes thereto shall be provided by the mailing
thereof by registered or certified mail, return receipt requested, postage prepaid and addressed
as follows:
CONTRACTOR:
CITY:
ADT Commercial, LLC
210 W. Baywood Ave.
Orange, CA 92865
Attn: Gina Farideh Jalai, Enterprise Account Manager
Arroyo Grande
300 E. Branch St.,
Arroyo Grande, CA 93420
Attn: Shannon Sweeney, City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit
in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice
shall be deemed adequate notice on the date actual notice occurred, regardless of the method of
service.
3.17. 7 Time of Essence. Time is of the essence in the performance of this
Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action
of law, assign or transfer this Contract or any obligation, right, title or interest assumed by
Contractor herein without the prior written consent of City. If Contractor attempts an assignment
or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option,
terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to
Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws, Venue. and Attorneys' Fees. This Agreement shall be
interpreted in accordance with the laws of the State of California. If any action is brought to
interpret or enforce any term of this Agreement, the action shall be brought in a state or federal
court situated in the County of San Luis Obispo, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each
of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors,
administrators, successors, and assigns agree to the full performance of all of the provisions
contained in this Contract.
3.17.13 [Reserved]
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3.17.14 Solicitation. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Contract. For breach or violation of
this warranty, City shall have the right to terminate this Contract without liability.
3.17 .15 Conflict of Interest. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has
not paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Contract, no official, officer or employee of City, during the term of his or her service with
City, shall have any direct interest in this Contract, or obtain any present or anticipated material
benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or
subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required
under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this
Contract, Contractor has a current contractor's If cense of the classification indicated below under
Contractor's signature.
3.17.16.2 Contractors are required by law to be licensed and regulated
by the Contractors' State License Board which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within four ( 4) years of the
date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural
defects must be filed within ten (10) years of the date of the alleged violation. Any questions
concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.17 .17 Authority to Enter Contract. Each Party warrants that the
individuals who have signed this Contract have the legal power, right and authority to make this
Contract and bind each respective Party.
3.17.18 Entire Contract: Modification. This Contract contains the entire
agreement of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Contract may only be modified by a writing
signed by both Parties.
3.17.19 Non-Waiver. None of the provisions of this Agreement shall be
considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City's Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project or other projects.
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3.17.21 Federal Requirements. Coronavirus State and Local Fiscal
Recovery Funds ("SLFRF") will be used to fund all or a portion of this Contract. The Contractor
shall comply with all federal requirements including, but not limited to, the following:
•Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American
Rescue Plan Act of 2021, U.S. Department of the Treasury Coronavirus State and Local
Fiscal Recovery Fund Award Terms and Conditions, Treasury's Final Rule, and SLFRF
reporting requirements, as applicable (collectively, the "SLFRF Compliance
Requirements"). The SLFRF Compliance Requirements are expressly incorporated
herein by reference.
•2 C.F.R. Part 200 -Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, which is expressly incorporated herein by reference.
•Federal Contract Provisions attached hereto as Exhibit "G" and incorporated herein by
reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions
stipulated in the Contract, including but not limited to, SLFRF Compliance Requirements, 2 C.F.R.
Part 200, and the Federal Contract Provisions. With respect to any conflict between such federal
requirements and the terms herein and/or the provisions of state law and except as otherwise
required under federal law or regulation, the more stringent requirement shall control.
Contractor agrees to accept any additional conditions governing the use of funds from the
SLFRF or other funding source as may be required by executive order, federal, state or local
statute, ordinance, rule or regulation or by policy announced by the City.
Contractor shall cooperate with City, including providing any necessary documentation
and records, in order for City to comply with the federal requirements in Exhibit G.
Contractor will maintain all records pertaining to this Project for a period of five (5) years
following completion of the Project
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE ARROYO GRANDE
AND ADT COMMERCIAL, LLC
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 28 day
of November, 2023.
ARROYO GRANDE ADT COMMERCIAL, LLC
By: By:
Bill Robeson
Interim City Manager Its:
Printed Name: ----------
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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CITY OF ARROYO GRANDE
BID OPENING LOG SHEET
DEADLINE: 10/17/2023 @2:00 PM
PROJECT NAME: AG PUBLIC SAFETY CAMERA PROJECT
PROJECT NO.: PW 2023-10
ESTIMATED CONSTRUCTION COST: N/A
SUBMITTED BY
1.CELPLAN TECHNOLOGIES, INC.
2.SOLUTIONZ
3.MERJAN dba SOV SECURITY
4.ADT COMMERCIAL
5.SENTINAL SECURITY SOLUTIONS
CC: Director of Public Works
City Engineer
Capital Improvement Project Manager
City Manager
City Website
TIME
11:37am
12:03pm
12:24pm
12:59pm
1:30 pm
BID AMOUNT
$945,885.63
$699,474.04
$596,744.74
$430,411.00
$715, 163.30
ATTACHMENT 2
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ATTACHMENT 3
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Item 12.a.
No Staff Report Provided
Item 12.a. Appointment of City Manager and Approval of
Employment Agreement (contingent on status of recruitment and
pending negotiation
(ROSEN)
Recommended Action: Appoint City Manager and approve the employment
agreement in substantial final form subject to any minor technical changes that may
be necessary.
Page 199 of 243
Item 12.b.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director
BY: Kevin Waddy, IT Manager
SUBJECT: Consideration of an Agreement with A-Town AV for the Council
Chamber Audio/Video System Project Upgrade and Request to
Approve a Budget Adjustment Request and Find the Action Exempt
from CEQA
DATE: November 28, 2023
SUMMARY OF ACTION:
Approve an agreement in substantially final form to A-Town to upgrade the Audio/Video
system in the Council Chambers building and approve one related budget adjustment
and find the action exempt from CEQA.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
A-Town AV provided a proposal to upgrade the Council Chamber Audio/Video system
totaling $193,790.10. FY 2023-24 Public Access Television (PEG) special revenue fund
included a budget for this project totaling $180,000. PEG special revenue fund accounts
for fees collected from Charter Communications that are restricted for support of public,
education, and government access programming and equipment. The Council Chamber
Audio/Video system qualifies for PEG funding as a public and government access project.
The City Council is being asked to approve a budget adjustment from the PEG special
revenue fund totaling $13,800 for the remainder of the project cost.
RECOMMENDATION:
Approve an Agreement with A-Town AV for design and installation services for the
Audio/Video system project upgrade and approve a budget adjustment request.
BACKGROUND:
At the April 11, 2017, Council Meeting the Council Chamber Audio, Video, and Sound
System Project installation was accepted. A construction contract was accepted which
entailed a remodel of the Chamber building along with installation of a fully functional
Audio/Video System for in-person meetings, and Channel 20 broadcasting. Public Zoom
participation was added in 2020 during COVID restrictions.
Page 200 of 243
Item 12.b.
City Council
Consideration of an Agreement with A-Town AV for the Council Chamber
Audio/Video System Project Upgrade and Request to Approve a Budget
Adjustment Request and Find the Action Exempt from CEQA
November 28, 2023
Page 2
During the Spring and Summer of 2023, Council and staff experienced frequent audio
issues with the Council Chamber Audio/Video system. This is attributed to the various
older technologies that handle analog to digital conversions. Multiple analog to digital
converters can add complexity and delays in the sound quality and reliability. Upgrading
to a network-based communication system makes audio and video streaming more easily
managed and adds to the reliability of audio communications. During the FY 2023-24
budget process $180,000 of PEG funds were included to update the Council Chamber
Audio/Video Upgrade.
ANALYSIS OF ISSUES:
Council and staff have expressed dissatisfaction with the microphones on the dais and
staff table, for example, muting and unmuting can be difficult. Also, it is difficult to
determine if a microphone is unmuted. New microphones will resolve these issues and
provide added functionality. The proposed upgraded microphones have micro speakers
which can assist those needing extra audio at their station. A picture of the upgraded
microphones can be found in Attachment 3.
Channel 20 broadcasting provides access to members of the public whose only access
to meetings is public television. This broadcast is often interrupted because of outdated
equipment that needs upgrading. For this purpose, City staff will be upgrading the City’s
out-of-warranty media streaming device. This media streaming device will provide higher
quality/resolution for Channel 20 viewers. The need to broadcast to Channel 20 requires
extra conversion equipment. This extra conversion needs to be streamlined with modern
technology.
The three existing projectors include outdated technology, are out of warranty, and cannot
take advantage of high video resolution. Brighter, high-resolution projectors will give the
Council, staff and public a better and clearer visual experience during in-person and
streaming/virtual meetings.
In the area of camera and video, City staff recommend a more automated system. A
picture of the upgraded cameras and projectors can be found in Attachment 3. This
provides the following functions:
Automated camera switching based on who is speaking. This will minimize or
eliminate the need for an onsite “Producer.”
Automatic capturing of names for display to the public. A keycard inserted into the
microphone will display the identity.
Enables vote-by-button-press should that be desired in the future.
Enables automatic indexing of agenda items. This could reduce workload on the
City Clerk during and after meetings.
On October 2, 2023, City staff posted a Request for Proposals (RFP) (Attachment 2) for
Page 201 of 243
Item 12.b.
City Council
Consideration of an Agreement with A-Town AV for the Council Chamber
Audio/Video System Project Upgrade and Request to Approve a Budget
Adjustment Request and Find the Action Exempt from CEQA
November 28, 2023
Page 3
Council Chamber Audio/Video Upgrade. At the close of the RFP deadline on October 23,
2023, the City received proposals from the following two (2) firms:
A-Town AV; and
Pacific West Sound
After reviewing the proposals, A-Town AV was selected by the City team, and is
recommended to the City Council as the preferred vendor. Pacific West Sound only
submitted a design bid without installation included , as requested in the RFP. A-Town AV
installed and, has been managing the current system and was the only responsive bidder
for the upgrade. A Professional Services Agreement for design and installation services
is attached (Attachment 1) for City Council’s consideration and possible approva l.
Budget Adjustment
PEG special revenue fund accounts for fees collected from Charter Communications that
are restricted for support of public, education, and government access programming and
equipment. The Council Chamber Audio/Video system qualifies PEG funding as a public
and government access project. Staff identified the need to allocate an additional $13,800
from PEG Funds fund balance to cover the total cost of the council Chamber Audio/Video
System Project Upgrade.
Next steps:
Staff anticipate the project to take 3 weeks to complete once all equipment is received
from the vendors. The anticipated lead time for the equipment is approximately 8 weeks.
Staff and A-Town AV will coordinate with the City Clerk to avoid any meeting disruptions.
Tentative install is scheduled to begin on Wednesday, February 7th and is projected to
continue through Monday, February 26th, 2024.
ALTERNATIVES:
1. Approve the Agreement with A-Town AV for design and installation services for
the Audio/Video system project upgrade in substantially final form subject to any
minor, technical or non-substantive changes approved by the City Manager in
consultation with the City Attorney; approve a budget adjustment request from the
PEG special revenue fund totaling $13,800; and find the action exempt from
CEQA;
2. Do not approve staff’s recommendations and request further information; or
3. Provide direction to staff.
ADVANTAGES:
All equipment will be warrantied and supportable for the next 5 years. All communication
technologies will be modern, updated, and supportable. All video and audio, including
Channel 20 broadcasts will be higher resolution, enhancing the viewing and listening
experience for the public and easier and more intuitive to operate for users.
Page 202 of 243
Item 12.b.
City Council
Consideration of an Agreement with A-Town AV for the Council Chamber
Audio/Video System Project Upgrade and Request to Approve a Budget
Adjustment Request and Find the Action Exempt from CEQA
November 28, 2023
Page 4
DISADVANTAGES:
There are no disadvantages.
ENVIRONMENTAL DETERMINATION:
The City finds the project, and the approval of the attached Professional Services
Agreement in substantially final form, is categorically exempt from the California
Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing structures, facilities, mechanical equipment, or topographical features where the
project involves negligible or no expansion of existing or former use (State CEQA
Guidelines, § 15301), and that none of the exceptions to the Class 1 exemption apply.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Professional Services Agreement
2. Request for Proposals for Council Chamber Audio/Video System Project Upgrade
3. Product Pictures
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BB&K (2023) -1- PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT 1
CITY OF ARROYO GRANDE
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 20___, by and
between the City of Arroyo Grande, a municipal corporation organized under the laws of the State
of California with its principal place of business at 300 E. Branch Street, Arroyo Grande, California
93420, County of San Luis Obispo, State of California ("City") and A-Town AV, an S Corp,
incorporated in California, with its principal place of business at P.O. Box 515, Arroyo Grande,
CA 93421 ("Consultant"). City and Consultant are sometimes individually referred to herein as
"Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing Audio/Video/Data services to public
clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the Council
Chamber Audio/Video Upgrade project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional audio/video and data consulting
services necessary for the Project ("Services"). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject
to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from November 29, 2023, to
December 31, 2024, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including
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BB&K (2023) -2- PROFESSIONAL SERVICES AGREEMENT
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed ONE HUNDRED THOUSAND NINTY THREE, SEVEN HUNDRED AND NINTY AND
TEN CENTS ($193,790.10) without written approval of the City Council or City Manager, as
applicable. Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly
invoice which indicates work completed and hours of Services rendered by Consultant. The
invoice shall describe the amount of Services provided since the initial commencement date, or
since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Payment shall not constitute acceptance of any Services completed by Consultant. The
making of final payment shall not constitute a waiver of any claims by the City for any reason
whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City
and shall at all times be under Consultant's exclusive direction and control. Neither City, or any
of its officials, officers, directors, employees or agents shall have control over the conduct of
Consultant or any of Consultants officers, employees or agents, except as set forth in this
Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in
connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt
and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B"
attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
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BB&K (2023) -3- PROFESSIONAL SERVICES AGREEMENT
3.3.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel
of at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. The key personnel for performance of this Agreement are as follows: Jason
Allen, President and David Williamson, Technician.
3.3.5 City's Representative. The City hereby designates Kevin Waddy, IT
Manager, or his/her designee, to act as its representative in all matters pertaining to the
administration and performance of this Agreement ("City's Representative"). City's
Representative shall have the power to act on behalf of the City for review and approval of all
products submitted by Consultant but not the authority to enlarge the Scope of Services or change
the total compensation due to Consultant under this Agreement. The City Manager shall be
authorized to act on City's behalf and to execute all necessary documents which enlarge the
Scope of Services or change the Consultant's total compensation subject to the provisions
contained in this Agreement. Consultant shall not accept direction or orders from any person
other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Jason Allen,
President, or his/her designee, to act as its representative for the performance of this Agreement
("Consultant's Representative"). Consultant's Representative shall have full authority to represent
and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's
Representative shall supervise and direct the Services, using his/her best skill and attention, and
shall be responsible for all means, methods, techniques, sequences, and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, consultants and other staff at
all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided for herein. Any employee of the Consultant or its
subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the City, shall
be promptly removed from the Project by the Consultant and shall not be re-employed to perform
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BB&K (2023) -4- PROFESSIONAL SERVICES AGREEMENT
any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this
Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall
also perform the Services in strict accordance with any completion schedule or Project milestones
described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing
by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services
are not completed within the aforementioned Performance Time and/or pursuant to any such
Performance Milestones developed pursuant to provisions of this Agreement, it is understood,
acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include a Force
Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s
performance and is one or more of the following: (1) Acts of God or other natural disasters; (2)
terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by
governmental authorities that are required for the services); (4) strikes and other organized labor
action occurring at the site and the effects thereof on the services, only to the extent such strikes
and other organized labor action are beyond the control of Consultant and its subcontractors, and
to the extent the effects thereof cannot be avoided by use of replacement workers; and (5)
pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of a public agency applicable to
the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party
shall, within a reasonable time of being prevented from performing, give written notice to the other
Party describing the circumstances preventing continued performance and the efforts being made
to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of
the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully
informed of and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all violations
of such laws and regulations in connection with the Services and this Agreement. All violations
of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it
fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
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BB&K (2023) -5- PROFESSIONAL SERVICES AGREEMENT
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
a violation of any such law within the five (5) years immediately preceding the date of execution
of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is
an equal opportunity employer and it shall not discriminate against any subconsultant, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully
comply with all applicable laws, rules and regulations in furnishing or using equipment and/or
providing services, including, but not limited to, emissions limits and permitting requirements
imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air
Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed
by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable
laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is
responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall
keep itself and all subcontractors, staff, and employees fully informed of and in compliance with
all local, state and federal laws, rules and regulations that may impact, or be implicated by the
performance of the Services including, without limitation, all applicable provisions of the City’s
ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33
U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code
§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such
authority. Consultant must additionally comply with the lawful requirements of the City, and any
other municipality, drainage district, or other local agency with jurisdiction over the location where
the Services are to be conducted, regulating water quality and storm water discharges. City may
seek damages from Consultant for delay in completing the Services caused by Consultant’s
failure to comply with the laws, regulations and policies described in this Section, or any other
relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Consultant shall not allow any subconsultant to
commence work on any subcontract until it has provided evidence satisfactory to the City that the
subconsultant has secured all insurance required under this section. Failure to provide and
maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
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BB&K (2023) -6- PROFESSIONAL SERVICES AGREEMENT
3.3.11.2 Types of Insurance Required. As a condition precedent to the
effectiveness of this Agreement for work to be performed hereunder, and without limiting the
indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations
under such Agreement, shall procure and maintain in full force and effect during the term of the
Agreement the following policies of insurance. If the existing policies do not meet the insurance
requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies
to do so.
(A) Commercial General Liability: Commercial General Liability
Insurance which affords coverage at least as broad as Insurance Services Office "occurrence"
form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence
and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to
the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for
contractual liability; (2) excluding coverage for claims or suits by one insured against another
(cross-liability); (3) products/completed operations liability; or (4) containing any other
exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability
Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering
"Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all
activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of
not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions Professional
Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with
limits of not less than $1,000,000. Covered professional services shall specifically include all
work to be performed under the Agreement and delete any exclusions that may potentially affect
the work to be performed (for example, any exclusions relating to lead, asbestos, pollution,
testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on
a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement
and continuous coverage will be maintained or an extended reporting period will be exercised for
a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms approved by
the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The
City, its officials, officers, employees, agents, and volunteers shall be additional insureds with
regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude
"contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other
exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial
General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10
10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this
requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage
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BB&K (2023) -7- PROFESSIONAL SERVICES AGREEMENT
reduced until a thirty (30) day written notice of cancellation has been served upon the City except
ten (10) days shall be allowed for non-payment of premium.
(B) Automobile Liability. (1) Cancellation: Required insurance
policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of
cancellation has been served upon the City except ten (10) days shall be allowed for non-payment
of premium.
(C) Professional Liability (Errors & Omissions): 1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day
written notice of cancellation has been served upon the City except ten (10) days shall be allowed
for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall
include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the
insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written
notice of cancellation has been served upon the City except ten (10) days shall be allowed for
non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the
insurer waives all rights of subrogation against the City, its officials, officers, employees, agents,
and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of
Commercial General Liability and Automobile Liability insurance shall be primary and any other
insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees,
agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be
endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages,
except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation
in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-
insured retention must be approved in writing by the City and shall protect the City, its officials,
officers, employees, agents, and volunteers in the same manner and to the same extent as they
would have been protected had the policy or policies not contained a deductible or self-insured
retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the
execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall
deliver either certified copies of the required policies, or original certificates on forms approved by
the City, together with all endorsements affecting each policy. Required insurance policies shall
not be in compliance if they include any limiting provision or endorsement that has not been
submitted to the City for approval. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that
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BB&K (2023) -8- PROFESSIONAL SERVICES AGREEMENT
such insurance coverage has been renewed or extended shall be filed with the City. If such
coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the
required coverage, Consultant shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance company
or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a
company or companies with a current A.M. Best's rating of no less than A:VII and authorized to
transact business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code or any
federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligation on the City
nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage
or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or
other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance by the
City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is canceled
and not replaced, City has the right but not the duty to obtain the insurance it deems necessary
and any premium paid by City will be promptly reimbursed by Consultant or City will withhold
amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel
this Agreement.
(C) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(D) Neither the City nor any of its officials, officers, employees,
agents or volunteers shall be personally responsible for any liability arising under or by virtue of
this Agreement.
(E) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the limits of
liability. Further the limits set forth herein shall not be construed to relieve the Consultant from
liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations
to the City and shall not preclude the City from taking such other actions available to the City
under other provisions of the Agreement or law.
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(F) Consultant shall report to the City, in addition to Consultant’s
insurer, any and all insurance claims submitted by Consultant in connection with the Services
under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all
subconsultants engaged in any work for Consultant relating to this Agreement as additional
insureds under the Consultant's policies, or the Consultant shall be responsible for causing
subconsultants to purchase the appropriate insurance in compliance with the terms of these
Insurance Requirements, including adding the City, its officials, officers, employees, agents, and
volunteers as additional insureds to the subconsultant's policies. All policies of Commercial
General Liability insurance provided by Consultant’s subconsultants performing work relating to
this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an
endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to
commence work on any subcontract relating to this Agreement until it has received satisfactory
evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to
the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this
section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall
provide Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execut e the Services
available to interested parties upon request, and shall post copies at the Consultant's principal
place of business and at the project site. It is the intent of the parties to effectuate the
requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code
within this Agreement, and Consultant shall therefore comply with such Labor Code sections to
the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, agents, and volunteers free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
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records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant
or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective dat e thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall
not be exclusive and are in addition to any other rights and remedies provided by law, equity or
under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s Services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney’s fees and other related costs and expenses except such loss or damage caused by
the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall
survive expiration or termination of this Agreement and shall not be restricted to insurance
proceeds, if any, received by Consultant, the City, its officials, officers, employees, a gents, or
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BB&K (2023) -11- PROFESSIONAL SERVICES AGREEMENT
volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which
is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case
law regarding classification of workers as independent contractors, including California Labor
Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903
(2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant
shall only utilize its employees to provide the Services. Consultant may not provide the services
through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless
approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants
that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees,
and that Consultant complies with all applicable laws, rules and regulations governing its
employees, including, but not limited to, the California Labor Code, Unemployment Insurance
Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any
Subcontractor to provide the Services, or any portion of the work required by this Agreement,
without prior written approval of City. In the event that City authorizes Consultant to use a
Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must
include all provisions of the Agreement, including a restriction on the Subcontractor’s use of
further independent contractors, subcontractors or subconsultants without the City’s prior written
consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
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BB&K (2023) -12- PROFESSIONAL SERVICES AGREEMENT
Consultant: A-Town AV
P.O. Box 515
Arroyo Grande, CA 93421
ATTN: Jason Allen, President
City: City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
ATTN: Kevin Waddy, IT Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subconsultant prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or
reuse of the Documents and Data or any part of them at any time for purposes of this Project or
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BB&K (2023) -13- PROFESSIONAL SERVICES AGREEMENT
another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the
City, its directors, officials, officers, employees, volunteers and agents free and harmless,
pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any
patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person
or entity in consequence of the use on the Project by City of the Documents & Data, including any
method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in San Luis Obispo County. In addition to any and all contract
requirements pertaining to notices of and requests for compensation or payment for extra work,
disputed work, claims and/or changed conditions, Consultant must comply with the claim
Page 216 of 243
BB&K (2023) -14- PROFESSIONAL SERVICES AGREEMENT
procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against
the City. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited to those matters that remain unresolved after all
procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been
followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite
contractual requirements are not otherwise satisfied as specified herein, Consultant shall be
barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this
Agreement or any rights under or interest in this Agreement without the written consent of the
City, which may be withheld for any reason. Any attempt to so assign or so transfer without such
consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except
as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City inclu de its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of
this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
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BB&K (2023) -15- PROFESSIONAL SERVICES AGREEMENT
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this Agreement,
or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
Page 218 of 243
BB&K (2023) -16- PROFESSIONAL SERVICES AGREEMENT
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARROYO GRANDE AND
A-Town AV
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF ARROYO GRANDE [If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Jason Allen
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
Caren Ray Russom
Mayor
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
Isaac Rosen, City Attorney
Attested By:
Jessica Matson, City Clerk
Page 219 of 243
BB&K (2020) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES
The City of Arroyo Grande is upgrading their Council Chambers building audio visual system. A-
Town AV is providing a proposal to upgrade the system while utilizing many of the components
that exist. This proposal is a turn-key system, including training for staff.
Video
All three projectors will be upgraded to 7000 lumen laser projectors. Existing projector screens
will be re-used. The video distribution system will be completely replaced using a network based
system allowing for complete flexibility for routing video. New network-based cameras will be
installed in the room. The staff table will have a dedicated PC for the Clerk. There will be four
additional inputs for laptops, these inputs can be USB C or HDMI. This proposal includes the
ability to stream video and audio to the eScribe platform provided encoder. (Additional
subscription costs are the responsibility of the City.)
Audio
The audio system processor will be upgraded to a new processor. This new sys tem has better
microphone management and better audio processing for remote participants such as Zoom. New
microphones will allow for user identification via an inserted card at each microphone. These
microphones also have built-in speakers to help with users needing additional audio support
during meetings. Existing speakers will be re-used in the facility. The existing assisted listen
system will be incorporated into the new system.
Control
The control system will be upgraded in all locations: Clerk Des k, Broadcast Desk, and Conference
Room. The controllers will be new generation touch panels that are more responsive to touch.
Broadcast Room
The broadcast operator system will have the same functionality as the current system. A new
Camera Controller will be installed along with a new touch panel controller. The Existing V-Mix
PC will be incorporated into the system. All audio and video will be fed into the V-Mix PC via
network connection. New system PC’s will be provided by the city to replace the other computers
in the system. The operator monitors and speakers will be re-used. Keyboard extensions will be
run from the control rack to the operator desk for connection to the c omputers.
Page 220 of 243
BB&K (2020) Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
SCHEDULE OF SERVICES
We anticipate the project to take 3 weeks to complete once all products are received from the
vendors. The anticipated lead time for products is approximately 8 weeks. Staff and A-Town AV
will coordinate with the City Clerk to avoid any meeting disruptions. A tentative installation
schedule would be beginning on Wednesday, February 7th through Monday, February 26th,
2024.
Page 221 of 243
BB&K (2020) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"
COMPENSATION
Page 222 of 243
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Page 235 of 243
Date
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Page 236 of 243
REQUEST FOR PROPOSALS
FOR
COUNCIL CHAMBER AUDIO/VIDEO
UPGRADE
DUE DATE: Monday, October 23rd at 3:00 p.m
ATTACHMENT 2
Page 237 of 243
CITY OF ARROYO GRANDE
REQUEST FOR PROPOSALS FOR
COUNCIL CHAMBER AUDIO/VIDEO UPGRADE
I. PROPOSAL INTENT
The City of Arroyo Grande is soliciting the services of a qualified Audio/Video company to
upgrade the Audio/Video installation at the City’s Council Chambers building. The existing
system was installed in 2017. Since that time, equipment warranties have expired, and
technology has progressed.
The City has made every effort to include sufficient information within this Request for
Proposals for the company to prepare a responsive, comprehensive proposal. To achieve
an equitable dissemination of information, a pre-proposal teleconference will be held on
October 12th, 2023, at 2:00 pm to allow all interested companies to ask questions for the
mutual benefit of all involved. All questions and correspondence must be directed to Kevin
Waddy, IT Manager, at kwaddy@arroyogrande.org no later than October 23nd, 2023. The
questions and answers will then be forwarded to all Bidders that provide an email address,
and posted on the City’s website, no later than December 1, 2023.
II. BACKGROUND
The City of Arroyo Grande:
The City of Arroyo Grande (the City) is a full-service city, which currently comprises 5.45
square miles and serves approximately 17,900 residents. It is located on the Central Coast
of California, halfway between Los Angeles and San Francisco.
The City provides full range of services including: police protection, the transmission and
distribution of water and wastewater, recreation and cultural events, the construction and
maintenance of parks, facilities, streets and highways, as well as other general
government activities.
The City provides fire service to its citizens through the Five Cities Fire Authority (FCFA),
a Joint Powers Authority between the Cities of Arroyo Grande and Grover Beach. The City
provides financial and information technology services to FCFA.
III. SCOPE OF WORK
The selected company will perform a review of the existing system to determine the best
upgrade path and technology.
The company will examine the current policies related to making the Council Chambers,
and any other meeting, accessible to the public. This includes in-room technologies,
streaming to the City website and any other streaming destination (vendor website,
YouTube, etc.).
The company will interface with Spectrum Channel 20 to determine the feasibility of
continued streaming to the channel.
Page 238 of 243
The company will report any known, legal or policy concerns regarding recording and
streaming of all public meetings.
City Responsibilities:
The City responsibilities will be to make the existing systems and any system
documentation, processes and procedures, related to the Audio/Video Council Chamber
technology, available to the company for the purpose of building an upgrade proposal.
The City staff will be available for any meetings and/or walkthroughs of all technology
related to the Audio/Video Council Chamber technology.
IV. PROPOSAL REQUIREMENTS
A. Certificate of Insurance
Company will provide a Certificate of Insurance.
B. Company Qualifications and Experience
The proposal should state the size of the company, the location of the office from which
the work on this engagement is to be performed, and the number of the staff that will be
assigned to the upgrade/installation. Indicate the scope of work, date, engagement
partners, total hours, and the name and telephone number of the principal client contact.
The company shall have completed projects for other similar sized cities and provide
examples of other city systems that have been installed.
C. Installation Staff Qualifications and Experience
The company shall identify the principal technical staff who would be assigned to the
engagement and indicate the experience level of the techs. The company should also
provide information on the staff’s governmental installation experience.
D. Total All-Inclusive Maximum Price
The proposal should contain all pricing information relative to this request for proposal.
The total all-inclusive maximum price to be proposed is to contain all labor and parts cost.
The proposal should include a schedule of professional services fees and expenses, which
support the total of the all-inclusive maximum price.
The proposal should itemize the maximum price option for:
1. Parts cost
2. Labor costs
E. Agenda Scheduling and Display
The City utilizes eScribe Agenda software. The proposal should include any and all
additional (if any) hardware and software to integrate with eScribe Agenda Management.
Page 239 of 243
F. Existing Systems and Devices
Where possible the proposal should include any and all existing equipment that is up to
date and meets the overall scope and needs requirements.
G. Pre-proposal Information Meetings and Tours
An optional meeting and facility tour will be offered to introduce interested applicants to
the City’s equipment and cablecast operations. This will be an opportunity to ask
questions regarding the City’s request for proposal, however the City shall not be bound
by any such oral inquiries.
Thursday, October 12, 2023, at 10:00am
City Council Chamber
215 Branch St, Arroyo Grande, CA
H. Acceptance of Proposal Contents
After the company is selected by the City, the contents of the submitted proposal will
become a contractual obligation. The successful company will be required to execute a
standard consultant agreement with the City.
I. Acceptance or Rejection and Negotiation of Proposals
The City reserves the right to reject any or all proposals, to waive non-material irregularities
or information in the request for proposal, and to accept or reject any item or combination
of items. By requesting proposals, the City is in no way obligated to award a contract or to
pay expenses of the Bidder in connection with the preparation or submission of a proposal.
Furthermore, the City reserves the right to reject any and all proposals prior to the
execution of the contract(s), with no penalty to the City of Arroyo Grande.
V. PROPOSAL FORMAT AND CONTENT
Bidders desiring to respond shall make their proposals brief and concise, yet with sufficient
detail to allow for a thorough evaluation. The purpose is to demonstrate the qualification,
competence and capacity of the Bidders seeking to undertake the independent audit of the
City. As such, the substance of the proposals will carry more weight than their form or
manner of presentation. Each proposal shall include as a minimum the following
information in this format:
A. Introduction
Present an introduction to the proposal describing the company’s understanding of the
desired work. Include a detailed description of the methods by which the Bidder intends
to perform the work set forth in the Scope of Services.
Page 240 of 243
B. Qualifications
Include a brief description of the company’s background, experience with similar projects,
and resumes of key personnel proposed to work on the project.
C. Work Plan
Provide a tentative schedule by phase, key task, and proposed compensation for
completing the work. This schedule, as modified to be acceptable to the City, will be used
as an Exhibit to the Agreement between the City and the successful consultant.
D. Costs
The proposal should include, a total proposed, “not to exceed” costs of the services,
including a fee and rate schedule describing all charges and hourly rates for services. Cost
will not be the deciding factor in making the selection.
E. References
List former clients for whom similar or comparable services have been performed. Include
the name, mailing address, and telephone number of the appropriate contact person.
VI. SELECTION PROCESS
The proposals will be evaluated by the IT Manager and Director of Administrative Services.
Evaluation considerations will include the following:
A. Responsiveness of the proposal in clearly stating the understanding of the work to
be performed and in demonstrating the intention and ability to perform the work.
B. Cost. Although a significant factor, other factors will be considered.
C. Bidder’s experience in Audio/Video Conference Systems.
D. Technical experience and professional qualifications of the installation and support
teams
E. Ability of proposed approach to meet the needs of the City.
VII. TENTATIVE SCHEDULE
The timing of the proposal process is subject to change, depending on the needs of the City, but
is anticipated as follows:
Page 241 of 243
RFP released ...................................................................... September 29, 2023
Pre-Proposal Conference ................................................... October 12, 2023
Proposals Due .................................................................... October 23, 2023
Proposal Review ................................................................. November 2 – 6, 2023
Interviews (if requested) ...................................................... November 9 – 13, 2023
Contract Approval by City Council ...................................... November 28, 2023
Services to Commence ....................................................... December 4, 2023
VIII. SUBMITTAL
A. Submit a total of 1 hard copy and one electronic copy to:
Kevin Waddy
kwaddy@arroyogrande.org
IT Manager
300 E. Branch Street
Arroyo Grande, CA 93420
805-473-5409
B. Show the following information on the outside of the package:
• Company’s name and address
• Chamber of Commerce Audio/Video Upgrade Proposal
C. The proposal must be received at the above address by the closing date and time.
Bidders mailing or shipping their proposals must allow sufficient delivery time to
ensure timely receipt of their proposals by the time specified. Late proposals will not
be accepted.
D. Closing Date: All proposals must be received by Friday, October 23, 2023, at
3:00 p.m.
F. The City reserves the right to reject any or all proposals for any or no reason.
G. For more information, please contact Kevin Waddy at
kwaddy@arroyogrande.org.
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ATTACHMENT 3
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