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CC 2022-03-22 Agenda PackageCITY COUNCIL MEETING AGENDA SUMMARY Tuesday, March 22, 2022, 6:00 p.m. In person at: Arroyo Grande City Council Chambers 215 E. Branch Street, Arroyo Grande, CA 93420 AND via Zoom at: Please click the link below to join the Zoom Meeting: https://us02web.zoom.us/j/83255848846 Webinar ID: 832 5584 8846 Or by Telephone: 1-669-900-6833; 1-346-248-7799 In compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this City Council meeting is being conducted in a hybrid in-person/virtual format. Members of the public may participate and provide public comment on agenda items during the meeting in person at the location identified above, by joining the Zoom meeting, or by submitting written public comments to the Clerk of the Council at publiccomment@arroyogrande.org. Meetings will be broadcast live on Channel 20 and streamed on the City’s website and www.slo-span.org. 1.CALL TO ORDER 2.ROLL CALL 3.MOMENT OF REFLECTION 4.FLAG SALUTE IOOF LODGE 258 5.AGENDA REVIEW 5.a.Closed Session Announcements The City Attorney will announce reportable actions taken, if any, from the Special Meeting of March 11, 2022: a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957: Title: City Manager 5.b.Ordinances read in title only 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.Update Regarding Countywide COVID-19 Efforts (McDONALD) Recommended Action: Receive update, accept public comments, discuss, and provide direction as necessary. 6.b.City Manager Communications (McDONALD) Recommended Action: Receive correspondence/comments as presented by the City Manager and Provide direction, as necessary. 6.c.Honorary Proclamation Declaring the Month of April 2022 as "Month of the Child" and “Child Abuse Prevention Month” 7.COMMUNITY COMMENTS AND SUGGESTIONS This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. Members of the public may provide public comment in-person or remotely by joining the Zoom meeting utilizing one of the methods provided below. Please use the “raise hand” feature to indicate your desire to provide public comment. Click the link below to join the webinar: https://us02web.zoom.us/j/83255848846; Webinar ID: 832 5584 8846 • 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. 8.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 Page 2 of 109 action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a.Consideration of Cash Disbursement Ratification (VALENTINE) Recommended Action: Ratify the attached listing of cash disbursements for the period of February 16 through February 28, 2022. 8.b.Approval of Minutes (MATSON) Recommended Action: Approve the minutes of the Regular City Council Meeting of March 8, 2022 and Special City Council Meeting of March 11, 2022, as submitted. 8.c.Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote Teleconference Meetings of the Legislative Bodies Pursuant to Government Code Section 54953(e)(3) (McDONALD/CARMEL) Recommended Action: Adopt a Resolution declaring a continued local emergency related to the Coronavirus (COVID-19) pandemic and authorizing the continuance of remote teleconference meetings pursuant to Government Code Section 54953(e)(3). 8.d.Consideration of Adoption of an Ordinance Amending Chapter 8.08 of Title 8 of the Arroyo Grande Municipal Code Regarding the Sale and Discharge of Class C (“Safe and Sane”) Fireworks (McDONALD/CARMEL) Recommended Action: Adopt an Ordinance amending the Arroyo Grande Municipal Code Chapter 8.08 relating to the discharge and sale of Class C “safe and sane” fireworks. 8.e.Consideration of Adoption of a Resolution Pursuant to Public Contract Code Section 22050 Terminating the Emergency Declaration for the Storm Drain System at 251 East Grand Avenue Project, PW 2021-12 (ROBESON) Recommended Action: 1) Receive and file the final report of the emergency storm drain system repairs project at 251 East Grand Avenue; and 2) Adopt a Resolution pursuant to Public Contract Code Section 22050 terminating the emergency declaration for emergency repairs to the storm drain system at 251 East Grand Avenue. 8.f.Monthly Water Supply and Demand Update (ROBESON) Recommended Action: Receive and file the monthly Water Supply and Demand Report. 9.PUBLIC HEARINGS 9.a.Public Hearing on the Establishment of a District-Based Election System and Introduction of Page 3 of 109 an Ordinance Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District (MATSON) Recommended Action: 1) Conduct a public hearing to receive public input on the final map selection and election sequence; and 2) Introduce an Ordinance adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code establishing by-district elections for four Council members, defining district boundaries, and scheduling the order of elections for each district. 10.OLD BUSINESS None. 11.NEW BUSINESS 11.a.Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance (PEDROTTI) Recommended Action: Receive public comment, discuss potential future changes to the City’s Short Term Rental Ordinance, and provide direction to staff. 11.b.Study Session for City Council to Provide Direction on a New Ordinance to Implement Senate Bill 9 (PEDROTTI) Recommended Action: Receive public comment, discuss the implications of SB 9, and provide direction to staff. 12.CITY COUNCIL REPORTS 12.a.MAYOR RAY RUSSOM: California Joint Powers Insurance Authority (CJPIA)1. South San Luis Obispo County Sanitation District (SSLOCSD)2. Tourism Business Improvement District Advisory Board3. Other4. 12.b.MAYOR PRO TEM GEORGE: County Water Resources Advisory Committee (WRAC)1. Visit SLO CAL Advisory Board2. Other3. 12.c.COUNCIL MEMBER BARNEICH: Audit Committee1. Homeless Services Oversight Council (HSOC)2. Page 4 of 109 Zone 3 Water Advisory Board3. Other4. 12.d.COUNCIL MEMBER STORTON: Brisco/Halcyon Interchange Subcommittee1. Five Cities Fire Authority (FCFA)2. Integrated Waste Management Authority Board (IWMA)3. South County Chambers of Commerce Governmental Affairs Committee4. Other5. 12.e.COUNCIL MEMBER PAULDING: Air Pollution Control District (APCD)1. Brisco/Halcyon Interchange Subcommittee2. Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT) 3. REACH SLO Advisory Commission4. Other 5. 13.COUNCIL COMMUNICATIONS Any Council Member may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council policies and procedures, Council Members may request staff to report back to the Council at a subsequent meeting concerning any matter or request that staff place a matter of business on a future agenda. Any request to place a matter of business for original consideration on a future agenda requires the concurrence of at least one other Council Member. 14.CLOSED SESSION None. 15.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 Page 5 of 109 can sign up online through the “Notify Me” feature. City Council Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org. Page 6 of 109 Item 6.c.Page 7 of 109 Item 8.a. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager SUBJECT: Consideration of Cash Disbursement Ratification DATE: March 22, 2022 SUMMARY OF ACTION: Review and ratify cash disbursements. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is a $961,950.32 fiscal impact that includes the following items:  Accounts Payable Checks $592,474.49  Payroll & Benefit Checks $369,475.83 RECOMMENDATION: Ratify the attached listing of cash disbursements for the period of February 16 through February 28, 2022. BACKGROUND: Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Administrative Services staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City’s Purchasing Policies and Procedures Manual. ANALYSIS OF ISSUES: The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2021 -22 budget. Page 8 of 109 Item 8.a. City Council Consideration of Cash Disbursement Ratification March 22, 2022 Page 2 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve staff’s recommendation; 2. Do not approve staff’s recommendation; or 3. Provide other direction to staff. ADVANTAGES:  The Administrative Services Department monitors payments of invoices for accountability, accuracy, and completeness using standards approved by the City Council.  Invoices are paid in a timely manner to establish goodwill with merchants.  Discounts are taken where applicable. DISADVANTAGES: There are no disadvantages identified in this recommendation. ENVIRONMENTAL REVIEW: 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. February 16 – February 28, 2022 – Accounts Payable Check Register 2. February 25, 2022 – Payroll and Benefit Check Registers Page 9 of 109 CITY OF ARROYO GRANDECHECK LISTINGFEBRUARY 16 - FEBRUARY 28, 2022ATTACHMENT 1LineCheck Date Check # Amount Description Acct # Vendor Name1 02/17/2022 292960 $ 4,702.53 03/22 RETIREE MEDICAL 010.4099.5136 ICMA RETIREMENT CORP2 02/17/2022 292960 368.87 03/22 RETIREE MEDICAL 220.4303.5136 ICMA RETIREMENT CORP3 02/17/2022 292960 462.03 03/22 RETIREE MEDICAL 010.0000.1111 ICMA RETIREMENT CORP4 02/17/2022 292961 3,955.20 MISC TIER II PPE 02/03/22 011.0000.2106 PERS - RETIREMENT5 02/17/2022 292961 6,967.56 FIRE PEPRA PPE 02/03/22 011.0000.2106 PERS - RETIREMENT6 02/17/2022 292961 10,781.13 POLICE PEPRA PPE 02/03/22 011.0000.2106 PERS - RETIREMENT7 02/17/2022 292961 12,298.79 MISC PEPRA PPE 02/03/22 011.0000.2106 PERS - RETIREMENT8 02/17/2022 292961 8,201.15 MISC TIER I PPE 02/03/22 011.0000.2106 PERS - RETIREMENT9 02/17/2022 292961 20,968.69 FIRE TIER I PPE 02/03/22 011.0000.2106 PERS - RETIREMENT10 02/17/2022 292961 11,720.18 POLICE TIER I PPE 02/03/22 011.0000.2106 PERS - RETIREMENT11 02/17/2022 292961 6,178.78 POLICE TIER II PPE 02/03/22 011.0000.2106 PERS - RETIREMENT12 02/17/2022 292961 321.66 MISC PEPRA PPE 02/03/22 L CAST 011.0000.2106 PERS - RETIREMENT13 02/18/2022 292962 1,117.34 SIT-ON CHICKEN SPRING ROCKER 010.4420.5605 ADVENTURE PLAYGROUND SYSTEMS14 02/18/2022 292963 1,777.50 01/22 CABLECASTING 010.4002.5330 AGP VIDEO, INC15 02/18/2022 292963 750.00 01/22 WEBSITE STREAMING & ARCHIVING 010.4002.5303 AGP VIDEO, INC16 02/18/2022 292964 420.14 SOTO-SCISSOR LIFT RENTAL 010.4430.5552 AHERN RENTALS17 02/18/2022 292965 167.92 02/22 COMMUNICATIONS MAINT 010.4204.5606 APPLIED TECHNOLOGY GROUP INC18 02/18/2022 292966 555.96 PURCHASE WATER METERS FOR FY 2021/22 640.4712.5207 AQUA-METRIC SALES CO(DBA)19 02/18/2022 292967 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES20 02/18/2022 292967 19.63 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES21 02/18/2022 292967 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES22 02/18/2022 292967 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES23 02/18/2022 292967 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES24 02/18/2022 292967 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES25 02/18/2022 292967 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES26 02/18/2022 292967 17.46 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES27 02/18/2022 292967 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES28 02/18/2022 292967 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES29 02/18/2022 292967 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES30 02/18/2022 292967 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES31 02/18/2022 292967 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES32 02/18/2022 292967 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES33 02/18/2022 292967 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES34 02/18/2022 292967 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES35 02/18/2022 292967 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES36 02/18/2022 292967 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES37 02/18/2022 292967 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES38 02/18/2022 292967 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES39 02/18/2022 292967 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICESPage 10 of 109 CITY OF ARROYO GRANDECHECK LISTINGFEBRUARY 16 - FEBRUARY 28, 2022ATTACHMENT 1LineCheck Date Check # Amount Description Acct # Vendor Name40 02/18/2022 292967 $ 3.36 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES41 02/18/2022 292967 23.37 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES42 02/18/2022 292967 8.51 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES43 02/18/2022 292967 23.41 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES44 02/18/2022 292967 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES45 02/18/2022 292967 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES46 02/18/2022 292967 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES47 02/18/2022 292967 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES48 02/18/2022 292967 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES49 02/18/2022 292967 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES50 02/18/2022 292967 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES51 02/18/2022 292967 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES52 02/18/2022 292967 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES53 02/18/2022 292967 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES54 02/18/2022 292967 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES55 02/18/2022 292967 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES56 02/18/2022 292967 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES57 02/18/2022 292967 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES58 02/18/2022 292968 33.78 ACCT#235 841-3956 806 3 ALARM 220.4303.5303 AT & T59 02/18/2022 292968 197.22 ACCT#238451-01839190 RADIO 010.4145.5403 AT & T60 02/18/2022 292969 62.06 BAN#9391033187 805-481-6944 010.4201.5403 AT&T61 02/18/2022 292969 231.63 BAN#9391033184 805-473-5100 010.4201.5403 AT&T62 02/18/2022 292969 29.94 BAN#9391033183 805-473-2198 010.4201.5403 AT&T63 02/18/2022 292970 126.68 02/22 TOWER LEASE 010.4201.5303 ATC SEQUOIA LLC64 02/18/2022 292971 300.00 LIFT STN #1-FIX WEAR-SHARE 612.4610.5610 AUTOSYS LLC65 02/18/2022 292971 525.00 WELL # 6 & #8-TROUBLESHOOT ELECTRIC 640.4711.5603 AUTOSYS LLC66 02/18/2022 292972 488.92 PW-11 BATTERY 640.4712.5603 BATTERY SYSTEMS67 02/18/2022 292972 360.42 PW-11 BATTERY 640.4712.5603 BATTERY SYSTEMS68 02/18/2022 292972 (360.42) RETURN BATTERY PW-11-WRONG STYLE 640.4712.5603 BATTERY SYSTEMS69 02/18/2022 292973 10.00 CAR WASH-PW-6, PW-21 010.4430.5601 BOB'S EXPRESS WASH70 02/18/2022 292973 9.00 CAR WASH-PD ADMIN 010.4201.5601 BOB'S EXPRESS WASH71 02/18/2022 292973 12.00 CAR WASH-PW-6, PW-21 220.4303.5601 BOB'S EXPRESS WASH72 02/18/2022 292973 10.00 CAR WASH-PW-8 010.4301.5601 BOB'S EXPRESS WASH73 02/18/2022 292973 33.00 CAR WASH-PD SUPPORT SVCS 010.4204.5601 BOB'S EXPRESS WASH74 02/18/2022 292973 166.00 CAR WASH-PD PATROL 010.4203.5601 BOB'S EXPRESS WASH75 02/18/2022 292974 191.36 LRG POSTERS FOR PROP 68 010.4421.5504 BURDINE PRINTING (DBA)76 02/18/2022 292975 49.00 FINGERPRINT- NOTARY COMMISSION 010.4002.5503 CA ST DEPT OF JUSTICE77 02/18/2022 292976 32.00 FINGERPRINT/LIVESCAN NEW EMPLOYEE 010.4307.5316 CA ST DEPT OF JUSTICE78 02/18/2022 292977 56.77 PW-375 WATER PUMP 640.4712.5603 CARQUEST AUTO PARTSPage 11 of 109 CITY OF ARROYO GRANDECHECK LISTINGFEBRUARY 16 - FEBRUARY 28, 2022ATTACHMENT 1LineCheck Date Check # Amount Description Acct # Vendor Name79 02/18/2022 292977 $ 33.20 PW-26 BATTERY 640.4712.5603 CARQUEST AUTO PARTS80 02/18/2022 292978 194.98 ACCT#8245100960104152 PD INTERNET 010.4201.5403 CHARTER COMMUNICATIONS81 02/18/2022 292979 28.45 PLANS-FAIR OAKS WATER MAIN 640.5911.7301 CRISP IMAGING82 02/18/2022 292980 920.00 TUITION REIMBURSEMENT-AMU SEMINAR 010.4201.5502 STEPHEN DOHERTY83 02/18/2022 292980 100.00 TUITION REIMBURSEMENT-AMU GRADUATION 010.4201.5502 STEPHEN DOHERTY84 02/18/2022 292981 1,200.00 LASERFICHE USER LICENSE 010.4140.5303 ECS IMAGING, INC.85 02/18/2022 292981 20.00 LASERFICHE FORMS PROFESSIONAL 010.4140.5303 ECS IMAGING, INC.86 02/18/2022 292981 100.00 LASERFICHE FORMS PROFESSIONAL 010.4140.5303 ECS IMAGING, INC.87 02/18/2022 292981 240.00 LASERFICHE USER LICENSE 010.4140.5303 ECS IMAGING, INC.88 02/18/2022 292982 523.09 FIRE HYDRANT REPAIR-FITTINGS, BOLTS, 640.4712.5610 FAMCON PIPE AND SUPPLY INC89 02/18/2022 292983 11.13 SOTO-COUPLER, SLIP FIX 010.4430.5605 FARM SUPPLY CO90 02/18/2022 292983 61.98 SOTO-CEMENT, SLIP FIX, COUPLER 010.4430.5605 FARM SUPPLY CO91 02/18/2022 292984 261.00 (4) 6" MJ KITS 640.4712.5610 FERGUSON ENTERPRISES, INC92 02/18/2022 292984 315.38 ROTO HAMMER 640.4712.5273 FERGUSON ENTERPRISES, INC93 02/18/2022 292985 360.67 PW-52 (2) FRONT TIRES 640.4712.5601 FIGUEROA'S TIRES94 02/18/2022 292986 89.03 (2) REPLACEMENT LOCKS-RGP#2 & #3, 2 KEYS 010.4420.5605 FRANK'S LOCK & KEY95 02/18/2022 292987 121.12 CORP YARD SEWER BILL 612.0000.4751 CITY OF GROVER BEACH96 02/18/2022 292988 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 ERIC HOPKINS97 02/18/2022 292989 190.00 2022 MEMBERSHIP DUES-MARTINEZ 010.4201.5503 IACP - INTL ASSN OF CHIEFS98 02/18/2022 292990 102.22 FUEL PD-4620 & PD-4621 010.4203.5608 JB DEWAR, INC99 02/18/2022 292991 608.61 (56) 50LB BAGS DOLOMARK WHITE 010.4430.5274 KELLY-MOORE PAINTS100 02/18/2022 292992 200.00 WASHING MACHINE REBATE 226.4306.5554 KEVIN MCINERNEY101 02/18/2022 292993 38.68 TRAFFIC COUNTING-CHAIN COIL 010.4301.5255 MINER'S ACE HARDWARE, INC102 02/18/2022 292993 4.29 PIPE CUTTER PINS 640.4712.5255 MINER'S ACE HARDWARE, INC103 02/18/2022 292994 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 CECILIA MONTERO104 02/18/2022 292995 2,000.00 AUDIT TO DATE 612.4610.5303 MOSS, LEVY & HARTZHEIM LLP105 02/18/2022 292995 2,000.00 AUDIT TO DATE 640.4710.5303 MOSS, LEVY & HARTZHEIM LLP106 02/18/2022 292995 2,000.00 AUDIT TO DATE 010.4120.5303 MOSS, LEVY & HARTZHEIM LLP107 02/18/2022 292996 671.37 LIC#504390114 MPLC UMBRELLA LICENSE 010.4003.5319 MPLC108 02/18/2022 292997 692.71 PD-4603 REPAIR 010.4203.5601 MULLAHEY FORD109 02/18/2022 292998 22.81 OFFICE SUPPLIES 010.4002.5201 OFFICE DEPOT110 02/18/2022 292999 45.34 COPIER MAINT AGREEMENT 010.4204.5602 OFFICE1111 02/18/2022 293000 16,348.71 ELECTRIC- STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO112 02/18/2022 293001 119.95 01/22 WIFI SVC- HUBNER SITE 010.4201.5403 PEAKWIFI LLC113 02/18/2022 293001 119.95 02/22 WIFI SVC -HUBNER SITE 010.4201.5403 PEAKWIFI LLC114 02/18/2022 293002 17.50 DEPOSIT REFUND-COMM GARDEN PLOT #1 010.0000.4605 MARIA ELENA PINHEIRO115 02/18/2022 293003 567.57 POSTAGE MACHINE LEASE FEE 010.4102.5602 PITNEY BOWES, INC116 02/18/2022 293004 15,206.13 TRAFFIC WAY BRIDGE REPLACEMENT 350.5679.7501 QUINCY ENGINEERING INC117 02/18/2022 293005 342.66 (3) SWEATSHIRT EMBROIDERY 220.4303.5255 R & T EMBROIDERY, INCPage 12 of 109 CITY OF ARROYO GRANDECHECK LISTINGFEBRUARY 16 - FEBRUARY 28, 2022ATTACHMENT 1LineCheck Date Check # Amount Description Acct # Vendor Name118 02/18/2022 293005 $ 50.93 SWEATSHIRT HOODIE -HANSON 640.4712.5255 R & T EMBROIDERY, INC119 02/18/2022 293005 200.00 (20) HATS & EMBROIDERY 010.4420.5255 R & T EMBROIDERY, INC120 02/18/2022 293006 100.00 PD ACADEMY AWARD SPONSORSHIP 010.4201.5504 RANGE MASTER121 02/18/2022 293007 2,501.27 BENCH FOR WEATHERLY 010.0000.2204 RECWEST OUTDOOR PRODUCTS INC122 02/18/2022 293008 15.00 12/21 REVERSE OSMOSIS RENTAL 010.4201.5303 RICHETTI COMPLETE WATER123 02/18/2022 293008 15.00 01/22 REVERSE OSMOSIS RENTAL 010.4201.5303 RICHETTI COMPLETE WATER124 02/18/2022 293009 61.20 (2) REPAIR COUPLINGS, (2) 2" COUPLINGS 010.4430.5605 SITEONE LANDSCAPE SUPPLY LLC125 02/18/2022 293010 200.00 WASHING MACHINE REBATE 226.4306.5554 BRANDON SLIGH126 02/18/2022 293011 15.78 GAS SERVICES-350 S ELM 010.4145.5401 SOCALGAS127 02/18/2022 293011 311.33 GAS SERVICES-1375 ASH ST 010.4145.5401 SOCALGAS128 02/18/2022 293011 172.40 GAS SERVICES-200 N HALCYON 010.4145.5401 SOCALGAS129 02/18/2022 293012 810.00 CASH FOR GRASS-810 SQFT 226.4306.5554 GREG STEINBERGER130 02/18/2022 293013 203.29 WELL #9- 3" GATE VALVE & 2 1/2" ANGLE 640.4711.5603 STREATOR PIPE & SUPPLY131 02/18/2022 293014 2,031.00 ANNUAL PERMIT FEES-BSB REHAB/MITIGATION 350.5614.7301 SWRCB132 02/18/2022 293015 440.00 ANNUAL PERMIT FEE-SWINGING BRIDGE 350.5620.7301 SWRCB133 02/18/2022 293016 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 LEONARDO TENDRIH134 02/18/2022 293016 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 LEONARDO TENDRIH135 02/18/2022 293017 600.00 LAND SURVEYING, PLAN CHECK, MAP REVIEW 010.4301.5303 TETRA TECH INC136 02/18/2022 293018 109.65 CC PH ADU 010.4002.5301 THE MCCLATCHY COMPANY LLC137 02/18/2022 293018 102.00 CC PH CDBG 2022 010.4002.5301 THE MCCLATCHY COMPANY LLC138 02/18/2022 293018 107.10 CC PH-SPRUCE ST VAC RENTAL 010.4002.5301 THE MCCLATCHY COMPANY LLC139 02/18/2022 293018 107.10 CC PH STRAWBERRY AVE VAC RENTAL 010.4002.5301 THE MCCLATCHY COMPANY LLC140 02/18/2022 293019 60.00 UNIFORMS-CHAVEZ 010.4203.5272 THE TOP SHOP141 02/18/2022 293020 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 CINDY THOMAS142 02/18/2022 293021 170.23 PW-10 A/C SERVICE 640.4712.5601 TOM'S AUTO SERVICE143 02/18/2022 293022 237.06 (2) 2X12 SQUARE POSTS, ANCHOR 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS144 02/18/2022 293022 94.38 (100) STEEL RIVETS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS145 02/18/2022 293022 65.79 30X30 TRACTOR SYMBOL SIGN 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS146 02/18/2022 293023 2,675.31 2022 EXECUTIME SUPPORT & UPDATE 010.4140.5303 TYLER TECHNOLOGIES INC147 02/18/2022 293023 1,112.88 2022 EXECUTIME SUPPORT & UPDATE 010.4140.5303 TYLER TECHNOLOGIES INC148 02/18/2022 293024 255.35 2022 ELECTION SUPPLIES 010.4002.5506 U.S. BANK149 02/18/2022 293024 725.00 2022 CITY MGR CONFERENCE REGISTRATION 010.4101.5501 U.S. BANK150 02/18/2022 293024 1,506.00 ADMIN FLEET UPLIFITING-WINDOW 010.4201.5601 U.S. BANK151 02/18/2022 293024 43.49 AMAZON-OFFICE SUPPLIES 010.4002.5201 U.S. BANK152 02/18/2022 293024 68.04 FLOWERS-STAFF GET WELL 010.4421.5255 U.S. BANK153 02/18/2022 293024 32.19 AMAZON-PICKLEBALL AWARDS 010.4424.5251 U.S. BANK154 02/18/2022 293024 14.96 PICKLEBALL TOURNAMENT EVENT FLYER 010.4424.5251 U.S. BANK155 02/18/2022 293024 567.65 CENTRAL COAST YAMAHA-TIRES 010.4430.5601 U.S. BANK156 02/18/2022 293024 1,486.38 ADAMSON UPGRADE DUTY PISTOLS W/RDS 271.4202.6201 U.S. BANKPage 13 of 109 CITY OF ARROYO GRANDECHECK LISTINGFEBRUARY 16 - FEBRUARY 28, 2022ATTACHMENT 1LineCheck Date Check # Amount Description Acct # Vendor Name157 02/18/2022 293024 $ 44.47 PATROL SUPPLIES 010.4203.5255 U.S. BANK158 02/18/2022 293024 1,560.28 UNIFORMS, FIRST AID SUPPLIES 010.4204.5272 U.S. BANK159 02/18/2022 293024 391.46 TRAINING-RANGE HEATERS 010.4204.5501 U.S. BANK160 02/18/2022 293024 369.59 FLEET REPAIR-TRAILER HITCH BALL 010.4204.5601 U.S. BANK161 02/18/2022 293024 359.67 HOME DEPOT-BATTERIES, GLOVES 010.4305.5255 U.S. BANK162 02/18/2022 293024 58.92 PRESCHOOL SUPPLIES 010.4423.5253 U.S. BANK163 02/18/2022 293024 18.19 WALMART-3 IN 1 READER FOR OFFICE 220.4303.5201 U.S. BANK164 02/18/2022 293024 179.88 ADOBE PRO ANNUAL SUBSCRIPTION 220.4303.5201 U.S. BANK165 02/18/2022 293024 159.00 HOME DEPOT-BATTERIES 220.4303.5603 U.S. BANK166 02/18/2022 293024 40.78 OFFICE SUPPLIES 010.4201.5201 U.S. BANK167 02/18/2022 293024 149.99 AMERICAN WATER COLLEGE CLASS 640.4712.5501 U.S. BANK168 02/18/2022 293024 288.17 SCHOOL YEAR SUPPLIES 010.4425.5255 U.S. BANK169 02/18/2022 293024 415.68 SNACK SUPPLIES 010.4425.5259 U.S. BANK170 02/18/2022 293024 777.40 OFFICE SUPPLIES 010.4201.5201 U.S. BANK171 02/18/2022 293024 49.00 LOCKER NAME PLATES & BRACKETS 010.4201.5255 U.S. BANK172 02/18/2022 293024 10.00 FREIGHT 010.4201.5255 U.S. BANK173 02/18/2022 293024 150.00 TLO -INVESTIGATIVE SVCS 010.4204.5607 U.S. BANK174 02/18/2022 293024 1,137.26 EMPLOYEE APPRECIATION LUNCHEON 010.4101.5319 U.S. BANK175 02/18/2022 293024 43.42 EMPLOYEE RECOGNITION LUNCHEON 010.4101.5319 U.S. BANK176 02/18/2022 293024 62.10 LAUNDRY-DRYCLEAN TABLECLOTHS 010.4101.5319 U.S. BANK177 02/18/2022 293024 96.24 EMPLOYEE APPRECIATION LUNCHEON SUPPLIES 010.4101.5319 U.S. BANK178 02/18/2022 293024 30.31 EMPLOYEE RECOGNITION SUPPLIES 010.4101.5319 U.S. BANK179 02/18/2022 293024 32.50 MULE BAKERY-EMPLOYEE APPRECIATION 010.4101.5319 U.S. BANK180 02/18/2022 293024 108.00 ENR ANNUAL SUBSCRIPTION 010.4120.5503 U.S. BANK181 02/18/2022 293024 1,300.00 TRAINING-CONF REGISTRATION X 2 010.4201.5501 U.S. BANK182 02/18/2022 293024 150.00 TRAINING-REGISTRATION 010.4201.5501 U.S. BANK183 02/18/2022 293024 518.40 TRAINING-AIRLINE TICKETS X 2 010.4201.5501 U.S. BANK184 02/18/2022 293024 75.00 XMAS HOUSE DECORATING PRIZES-LOCAL GIFT 010.4424.5252 U.S. BANK185 02/18/2022 293024 509.71 UNIFORMS 010.4203.5272 U.S. BANK186 02/18/2022 293024 223.72 UNIFORMS-REPLACEMENT 010.4203.5272 U.S. BANK187 02/18/2022 293024 103.97 FUEL 010.4203.5608 U.S. BANK188 02/18/2022 293024 39.64 RECORDS DEPT SUPPLIES 010.4204.5255 U.S. BANK189 02/18/2022 293024 133.51 INVESTIGATIVE SUPPLIES 010.4204.5255 U.S. BANK190 02/18/2022 293024 44.06 FUEL 010.4203.5608 U.S. BANK191 02/18/2022 293024 61.04 FUEL 010.4204.5608 U.S. BANK192 02/18/2022 293024 50.00 SOUTH COUNTY CHAMBER BREAKFAST MEETING 010.4101.5504 U.S. BANK193 02/18/2022 293024 20.06 FUEL 010.4203.5608 U.S. BANK194 02/18/2022 293024 81.67 FUEL 010.4203.5608 U.S. BANK195 02/18/2022 293024 533.86 OTS HOME DEPOT HEATERS & PROPANE 010.4209.5255 U.S. BANKPage 14 of 109 CITY OF ARROYO GRANDECHECK LISTINGFEBRUARY 16 - FEBRUARY 28, 2022ATTACHMENT 1LineCheck Date Check # Amount Description Acct # Vendor Name196 02/18/2022 293024 $ 134.81 OTS TRAINING LODGING 010.4209.5501 U.S. BANK197 02/18/2022 293024 72.00 OTS FUEL 010.4209.5501 U.S. BANK198 02/18/2022 293024 718.00 TRAINING/TUITION-SQUAD TRAINING 010.4203.5501 U.S. BANK199 02/18/2022 293024 343.16 TRAINING-LODGING 010.4203.5501 U.S. BANK200 02/18/2022 293024 285.20 GOT YOU COVERED-FATHER/DAUGHTER EVENT 010.4424.5353 U.S. BANK201 02/18/2022 293024 293.86 SUPPLIES FOR RETIREMENT LUNCHEON 640.4712.5255 U.S. BANK202 02/18/2022 293024 20.00 DROUGHT WEBINAR 010.4120.5501 U.S. BANK203 02/18/2022 293024 470.00 CSMFO CONFERENCE REGISTRATION 010.4120.5501 U.S. BANK204 02/18/2022 293024 1.21 SECURE CONFERENCE 010.4140.5303 U.S. BANK205 02/18/2022 293024 73.00 AUTHORIZE.NET 010.4145.5555 U.S. BANK206 02/18/2022 293024 150.94 FUEL 010.4201.5608 U.S. BANK207 02/18/2022 293024 528.85 ZOOM DEPT & PUBLIC MEETINGS 010.4140.5303 U.S. BANK208 02/18/2022 293024 276.00 CODETWO-EXCHANGE EMAIL MGMT SOFTWARE 010.4140.5303 U.S. BANK209 02/18/2022 293024 35.90 COFFEE-SAFE PKG COMM MTG 010.4101.5201 U.S. BANK210 02/18/2022 293024 1,500.00 TTC TRAINING REGIST FEE-MAUREEN KANE & 010.4002.5501 U.S. BANK211 02/18/2022 293024 74.99 SLO CO CLERK RECORDER-FILE NOTARY OATH 010.4002.5503 U.S. BANK212 02/18/2022 293024 1,983.63 TRAINING-LODGING 010.4203.5501 U.S. BANK213 02/18/2022 293024 28.00 TRAINING-DK DONUTS 010.4203.5501 U.S. BANK214 02/18/2022 293025 1,458.74 BULK MAIL PERMIT#37 218.4101.5208 US POSTMASTER215 02/18/2022 293026 288.00 02/08 ADULT ART PARTY 010.4424.5351 PEGGY VALKO216 02/18/2022 293027 6,750.00 STREET SWEEPING SERVICES 220.4303.5303 VENCO POWER SWEEPING INC217 02/18/2022 293027 2,250.00 STREET SWEEPING SERVICES 010.4307.5303 VENCO POWER SWEEPING INC218 02/18/2022 293028 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 GREG VINE219 02/18/2022 293029 87.14 STROTHER PARK- (5) B JAPONICA TREES 010.4420.5605 WEST COVINA NURSERIES220 02/18/2022 293030 95.00 CALIBRATE GAS DETECTOR 612.4610.5603 WINEMA INDUSTRIAL &221 02/18/2022 293030 264.35 LATEX GLOVES-10 BOXES 612.4610.5603 WINEMA INDUSTRIAL &222 02/18/2022 293030 19.61 FIRST AID SUPPLIES 612.4610.5603 WINEMA INDUSTRIAL &223 02/18/2022 293031 525.00 SLURRY & PUMPING FOOTING VOIDS 350.5797.7001 WOODY CONCRETE PUMPING224 02/23/2022 293032 142,380.85 INCREASE PACIFIC PREMIER CERT OF DEP TO $070.0000.1053 CITY OF ARROYO GRANDE225 02/25/2022 293033 143.82 GATORADE POWDER 220.4303.5613 AMAZON CAPITAL SERVICES226 02/25/2022 293033 198.15 COVID FACE MASKS 010.4201.5201 AMAZON CAPITAL SERVICES227 02/25/2022 293033 48.48 SWEATSHIRT-RON SIMPSON 220.4303.5255 AMAZON CAPITAL SERVICES228 02/25/2022 293033 236.03 CITY HALL COFFEE MAKER 010.4102.5201 AMAZON CAPITAL SERVICES229 02/25/2022 293033 (229.72) CREDIT RETURN-UNIFORM EQUIPMENT 010.4204.5272 AMAZON CAPITAL SERVICES230 02/25/2022 293033 53.90 COLOR COPY PAPER 010.4102.5255 AMAZON CAPITAL SERVICES231 02/25/2022 293033 64.63 IPAD COVER 010.4204.5255 AMAZON CAPITAL SERVICES232 02/25/2022 293033 23.16 ENERGIZER BATTERIES 010.4213.5604 AMAZON CAPITAL SERVICES233 02/25/2022 293033 48.48 SWEATSHIRT-MIKE ROBLES 010.4420.5255 AMAZON CAPITAL SERVICES234 02/25/2022 293034 843.09 PURCHASE REPLACEMENT PARTS FOR WATER 640.4712.5611 AQUA-METRIC SALES CO(DBA)Page 15 of 109 CITY OF ARROYO GRANDECHECK LISTINGFEBRUARY 16 - FEBRUARY 28, 2022ATTACHMENT 1LineCheck Date Check # Amount Description Acct # Vendor Name235 02/25/2022 293035 $ 245.00 B-3 CHECK ENGINE LIGHT 010.4213.5601 BACK ON THE ROAD AUTOMOBILE236 02/25/2022 293036 300.00 REIMBURSE FOR 2 TOILETS-PLUMBING RETROFIT 226.4306.5303 LEONARD BERRY237 02/25/2022 293037 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 TAMMIE BLACKBURN238 02/25/2022 293038 110.00 REFUND-PICKLEBALL MEMBERSHIP 010.0000.4605 DAVID BLOCK239 02/25/2022 293039 96.00 PEST CONTROL: WOMENS CLUB 010.4213.5303 BREZDEN PEST CONTROL, INC240 02/25/2022 293040 24.71 PW-44 FUEL LINE 220.4303.5603 CARQUEST AUTO PARTS241 02/25/2022 293041 110.00 REFUND-PICKLEBALL MEMBERSHIP 010.0000.4605 RANDALL CARR242 02/25/2022 293042 736.80 ACCT#8245100960211288-PW DARK 010.4145.5401 CHARTER COMMUNICATIONS243 02/25/2022 293042 179.89 ACCT#8245100960223572 PD TV 010.4145.5401 CHARTER COMMUNICATIONS244 02/25/2022 293042 987.20 ACCT#8245100960223598 PD VOICE 010.4145.5401 CHARTER COMMUNICATIONS245 02/25/2022 293042 327.16 ACCT#8245100960216667 WOMENS CLUB 010.4145.5401 CHARTER COMMUNICATIONS246 02/25/2022 293042 1,349.00 ACCT#8245100960301246 COUNCIL 211.4101.5330 CHARTER COMMUNICATIONS247 02/25/2022 293043 328.43 BALLAST FOR TENNIS COURT LIGHT 010.4430.5605 CONSOLIDATED ELECTRICAL DIST248 02/25/2022 293044 50.00 WORKER COMP INJ CLASS-POST PER DIEM 010.4203.5501 SHAWN COSGROVE249 02/25/2022 293045 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 KERIANNE DITOMASSO250 02/25/2022 293046 63.00 CORRECTION OF QTRLY PYMT 10/21 010.0000.2231 DIVIS. OF THE STATE ARCHITECT251 02/25/2022 293047 491.00 PLANNING COMM APPEAL REFUND 010.0000.4504 STEWART ERRICO252 02/25/2022 293048 40.00 LEADERSHIP DVLPMNT POST PER DIEM 010.4203.5501 ELIA ESPARZA253 02/25/2022 293049 250.00 BASIC TRAFFIC COLL INV. POST PER DIEM 010.4203.5501 ALEJANDRO ESTRADA254 02/25/2022 293050 1,442.77 TRASH CAN LINERS 220.4303.5613 FASTENAL COMPANY255 02/25/2022 293051 250.00 BASIC TRAFFIC COLL INV POST PER DIEM 010.4203.5501 CHAD GIESMANN256 02/25/2022 293052 500.00 CASH FOR GRASS- 500 SQFT 226.4306.5554 ROGER HENSLIN257 02/25/2022 293053 165.33 DEF/DIESEL EXHAUST FLUID 220.4303.5601 JB DEWAR, INC258 02/25/2022 293053 313.72 CHEVRON DELO 15W40 OIL 220.4303.5601 JB DEWAR, INC259 02/25/2022 293054 420.00 PICKLEBALL CLINIC 02/13/22 010.4424.5351 PRINCESS LEONG260 02/25/2022 293055 89.05 12/21 ROOM USE FEES-BRANCH 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST261 02/25/2022 293055 97.50 12/21 ROOM USE FEES-OCEAN VIEW 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST262 02/25/2022 293056 17.22 (2) BAGS FAST SET CONCRETE 220.4303.5613 MINER'S ACE HARDWARE, INC263 02/25/2022 293056 17.21 SPRAYPAINT 220.4303.5613 MINER'S ACE HARDWARE, INC264 02/25/2022 293056 10.76 GRAFITTI REMOVER 220.4303.5613 MINER'S ACE HARDWARE, INC265 02/25/2022 293056 16.15 AIR HOSE MANIFOLD 010.4420.5603 MINER'S ACE HARDWARE, INC266 02/25/2022 293056 86.99 RAINTIGHT SWITCH 010.4420.5605 MINER'S ACE HARDWARE, INC267 02/25/2022 293056 17.39 METAL CUTTING WHEELS 010.4420.5605 MINER'S ACE HARDWARE, INC268 02/25/2022 293056 2.00 FASTENERS 010.4420.5605 MINER'S ACE HARDWARE, INC269 02/25/2022 293056 105.56 STROTHER PARK-PLANTS, SOIL 010.4420.5605 MINER'S ACE HARDWARE, INC270 02/25/2022 293056 23.67 SPRAYPAINT, KILZ PAINT 010.4213.5604 MINER'S ACE HARDWARE, INC271 02/25/2022 293056 32.30 PHOTO BATTERIES 010.4213.5604 MINER'S ACE HARDWARE, INC272 02/25/2022 293056 70.38 PAINT, PINESOL CLEANER 010.4213.5604 MINER'S ACE HARDWARE, INC273 02/25/2022 293056 18.30 HOUSE PLANT STICKY TRAPS 010.4213.5604 MINER'S ACE HARDWARE, INCPage 16 of 109 CITY OF ARROYO GRANDECHECK LISTINGFEBRUARY 16 - FEBRUARY 28, 2022ATTACHMENT 1LineCheck Date Check # Amount Description Acct # Vendor Name274 02/25/2022 293056 $ 16.35 DRAIN HOSE, PUSH STRAIGHT VALVE 010.4213.5604 MINER'S ACE HARDWARE, INC275 02/25/2022 293056 62.45 GFI OUTLET, KILZ PAINT 010.4213.5604 MINER'S ACE HARDWARE, INC276 02/25/2022 293056 49.51 PLUMBING SUPPLIES 010.4213.5604 MINER'S ACE HARDWARE, INC277 02/25/2022 293056 67.63 ELECTRICAL SUPPLIES 010.4213.5604 MINER'S ACE HARDWARE, INC278 02/25/2022 293056 48.48 EXTENSION CORD 010.4213.5604 MINER'S ACE HARDWARE, INC279 02/25/2022 293056 37.67 PLUMBING SUPPLIES 010.4213.5604 MINER'S ACE HARDWARE, INC280 02/25/2022 293056 19.37 SS SUPPLY LINES 010.4213.5604 MINER'S ACE HARDWARE, INC281 02/25/2022 293056 25.85 BIRD SPIKES 010.4430.5605 MINER'S ACE HARDWARE, INC282 02/25/2022 293056 65.70 WIRE CONNECTORS, SS STOP SCREW 640.5946.7001 MINER'S ACE HARDWARE, INC283 02/25/2022 293057 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 NICOLE ORTEGA284 02/25/2022 293058 32.18 ELECTRIC-WELL#11 352 LA CANADA 640.4711.5402 PACIFIC GAS & ELECTRIC CO285 02/25/2022 293058 14.62 ELECTRIC-484 BAKEMAN 219.4460.5304 PACIFIC GAS & ELECTRIC CO286 02/25/2022 293059 500.00 START CHG-02/26 MEET THE MACHINES 010.0000.1033 PETTY CASH287 02/25/2022 293060 5.38 COUNCIL CHAMBERS WATER 010.4213.5303 READYREFRESH BY NESTLE288 02/25/2022 293061 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 LAURA SALTO289 02/25/2022 293062 225.00 CITY HALL GENERATOR QUARTERLY INSPECTION 010.4213.5303 SAN LUIS POWERHOUSE290 02/25/2022 293063 3,500.00 02/22 TBID ADMIN FEE 240.4150.5303 SOUTH COUNTY CHAMBERS291 02/25/2022 293064 49.00 REFUND-BRIDGE PUNCH CARD 010.0000.4605 ARGENE TISDALE292 02/25/2022 293065 647.75 (4) 5 GALL ROADMAX RED PAINT 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS293 02/25/2022 293065 214.33 (2) 24X48 SCHOOL SPEED LIMIT SIGNS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS294 02/25/2022 293066 8,647.86 01/22 TBID SOCIAL MEDIA MARKET 240.4150.5301 VERDIN MARKETING INK295 02/25/2022 293067 294.31 ACCT#472480460-00002 CITY IPAD 010.4145.5403 VERIZON WIRELESS296 02/25/2022 293068 15,006.47 12/21 TMD REMITTANCE 761.0000.2007 VISIT SLO CAL297 02/25/2022 293068 (300.13) 12/21 CITY ADMIN FEE 010.0000.4771 VISIT SLO CAL298 02/25/2022 293069 301.00 PLUMBING RETROFIT-589 WOODLAND 226.4306.5303 WATERBOYS PLUMBING299 02/25/2022 293069 587.00 PLUMBING RETROFIT-943 SANDALWOOD 226.4306.5303 WATERBOYS PLUMBING300 02/25/2022 293069 560.00 PLUMBING RETROFIT-1585 HILLCREST 226.4306.5303 WATERBOYS PLUMBING301 02/25/2022 293069 883.00 PLUMBING RETROFIT-746 VIA BANDOLERO 226.4306.5303 WATERBOYS PLUMBING302 02/25/2022 293069 341.00 PLUMBING RETROFIT-1338 RICE CT 226.4306.5303 WATERBOYS PLUMBING303 02/25/2022 293070 4.80 UB REFUND CUSTOMER #00025669 640.0000.2301 NICOLE ORTEGA304 02/25/2022 293071 124.91 UB REFUND CUSTOMER #00022991 640.0000.2301 JOSEPH & LOGAN CAVANILLAS305 02/25/2022 293072 98.04 UB REFUND CUSTOMER #00023604 640.0000.2301 TARA DEMONTMORENCY306 02/25/2022 293073 9.11 UB REFUND CUSTOMER #00024609 640.0000.2301 DAVID MONTANARO307 02/25/2022 293074 23.77 UB REFUND CUSTOMER #00024131 640.0000.2301 BILL VICORY308 02/25/2022 293075 838.96 02/22 SUPPLEMENTAL INSURANCE 011.0000.2126 AFLAC INSURANCE309 02/25/2022 293076 3,153.50 02/22 AG POLICE ASSOCIATION DUES 011.0000.2116 ARROYO GRANDE POLICE ASSN310 02/25/2022 293077 11,510.22 MEDICARE 011.0000.2105 CITY OF ARROYO GRANDE311 02/25/2022 293077 46,972.84 SOCIAL SECURITY 011.0000.2105 CITY OF ARROYO GRANDE312 02/25/2022 293077 37,794.95 FEDERAL WITHHOLDING 011.0000.2104 CITY OF ARROYO GRANDEPage 17 of 109 CITY OF ARROYO GRANDECHECK LISTINGFEBRUARY 16 - FEBRUARY 28, 2022ATTACHMENT 1LineCheck Date Check # Amount Description Acct # Vendor Name313 02/25/2022 293078 $ 2,302.81 STATE SDI CONTRIBUTION 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT314 02/25/2022 293078 15,078.12 STATE PIT WITHHOLDING 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT315 02/25/2022 293079 150.46 CHILD SUPPORT PAYDATE 02/25/22 011.0000.2114 CA STATE DISBURSEMENT UNIT316 02/25/2022 293079 133.38 CHILD SUPPORT PAYDATE 02/25/22 011.0000.2114 CA STATE DISBURSEMENT UNIT317 02/25/2022 293079 154.15 CHILD SUPPORT PAYDATE 02/25/22 011.0000.2114 CA STATE DISBURSEMENT UNIT318 02/25/2022 293079 298.84 CHILD SUPPORT PAYDATE 02/25/22 011.0000.2114 CA STATE DISBURSEMENT UNIT319 02/25/2022 293079 16.15 CHILD SUPPORT PAYDATE 02/25/22 011.0000.2114 CA STATE DISBURSEMENT UNIT320 02/25/2022 293080 15.00 02/22 AG FIRE ASSOCIATION DUES 011.0000.2115 FIVE CITIES FIREFIGHTERS ASSOC321 02/25/2022 293081 3,360.00 02/22 CAREER FF ASSOCIATION DUES 011.0000.2115 FIVE CITIES PROF. FIREFIGHTERS322 02/25/2022 293082 866.66 ER DEFERRED COMP FLAT 011.0000.2117 ICMA RETIREMENT CORP323 02/25/2022 293082 3,405.62 EE DEFERRED COMP % 011.0000.2117 ICMA RETIREMENT CORP324 02/25/2022 293082 10,919.06 EE DEFERRED COMP FLAT 011.0000.2117 ICMA RETIREMENT CORP325 02/25/2022 293082 275.00 EE ROTH CONTRIBUTION 011.0000.2117 ICMA RETIREMENT CORP326 02/25/2022 293083 77.75 02/22 LEGAL SERVICES 011.0000.2125 LEGALSHIELD327 02/25/2022 293084 6,967.56 FIRE PEPRA PPE 02/17/22 011.0000.2106 PERS - RETIREMENT328 02/25/2022 293084 12,298.79 MISC PEPRA PPE 02/17/22 011.0000.2106 PERS - RETIREMENT329 02/25/2022 293084 11,317.32 POLICE TIER I PPE 02/17/22 011.0000.2106 PERS - RETIREMENT330 02/25/2022 293084 3,955.20 MISC TIER II PPE 02/17/22 011.0000.2106 PERS - RETIREMENT331 02/25/2022 293084 5,723.13 POLICE TIER II PPE 02/17/22 011.0000.2106 PERS - RETIREMENT332 02/25/2022 293084 8,201.15 MISC TIER I PPE 02/17/22 011.0000.2106 PERS - RETIREMENT333 02/25/2022 293084 20,753.65 FIRE TIER I PPE 02/17/22 011.0000.2106 PERS - RETIREMENT334 02/25/2022 293084 10,024.02 POLICE PEPRA PPE 02/17/22 011.0000.2106 PERS - RETIREMENT335 02/25/2022 293085 1,195.60 02/22 SEIU DUES 011.0000.2118 S.E.I.U. LOCAL 620336 02/25/2022 293086 267.27 ER PARS CONTRIBUTION PAYDATE 02/25/22 011.0000.2107 US BANK OF CALIFORNIA337 02/25/2022 293086 1,068.98 EE PARS CONTRIBUTION PAYDATE 02/25/22 011.0000.2107 US BANK OF CALIFORNIA338 02/25/2022 293087 250.16 SCHOOL YEAR SUPPLIES 010.4425.5255 AMAZON CAPITAL SERVICES339 02/25/2022 293087 29.30 SPECIAL EVENT SUPPLIES-VOLUNTEER 010.4424.5252 AMAZON CAPITAL SERVICES340 02/25/2022 293087 247.77 COVID SUPPLIES 010.4919.5255 AMAZON CAPITAL SERVICES $ 592,474.49 Page 18 of 109 ATTACHMENT 2 . General Fund 322,386.71 5101 Salaries Full time 208,717.00 Streets Fund 17,327.91 5101 Volunteer Employee Retirement - American Rescue Plan Act 5,199.99 5102 Salaries Part-Time - PPT 3,851.96 Sewer Fund 5,678.70 5103 Salaries Part-Time - TPT 13,263.23 Water Fund 18,882.52 5105 Salaries OverTime 8,545.51 369,475.83 5106 Salaries Strike Team OT - 5107 Salaries Standby 1,716.80 5108 Holiday Pay 17,546.55 5109 Sick Pay 7,504.98 5110 Annual Leave Buyback - Administrative Services - 5111 Vacation Buyback - Information Services - 5112 Sick Leave Buyback - Community Development - 5113 Vacation Pay 3,652.25 Police 8,191.69 5114 Comp Pay 1,092.27 Public Works - Maintenance - 5115 Annual Leave Pay (99.09) Public Works - Enterprise 353.82 5116 Salaries - Police FTO - Recreation - Administration - 5121 PERS Retirement 29,163.20 Recreation - Special Events - 5122 Social Security 19,520.97 Children In Motion - 5123 PARS Retirement 267.27 8,545.51 5126 State Disability Ins. 902.90 5127 Deferred Compensation 741.66 5131 Health Insurance 46,413.54 5132 Dental Insurance 2,783.46 5133 Vision Insurance 723.14 5134 Life Insurance 374.53 5135 Long Term Disability 682.39 5137 Leave Payouts - 5142 Unemployment Insurance - 5143 Uniform Allowance - 5144 Car Allowance 837.50 5146 Council Expense - 5147 Employee Assistance - 5148 Boot Allowance - 5149 Motor Pay 126.31 5150 Bi-Lingual Pay 150.00 5151 Cell Phone Allowance 997.50 369,475.83 OVERTIME BY DEPARTMENT: Total FCFA payroll cost for this period is $179,453.76. FCFA payroll and accounts payable expenditures are processed as part of the JPA financial services agreement between Arroyo Grande, Grover Beach and Oceano Community Services District. Arroyo Grande's portion of the FCFA annual budget is identified in the contractual services budget. CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 02/04/2022 - 02/17/2022 2/25/2022 BY FUND BY ACCOUNT Page 19 of 109 1 Item 8.b. ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL March 8, 2022, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 E Branch Street, Arroyo Grande, CA 93420 Webinar ID: 832 5584 8846 By Telephone: 1-669-900-6833; 1-346-248-7799 Council Members Present: Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, Mayor Pro Tem George Staff Present: City Clerk Jessica Matson, City Attorney Timothy Carmel, City Manager Whitney McDonald, Assistant City Manager/Public Works Director Bill Robeson, Administrative Services Director Nicole Valentine, Community Development Director Brian Pedrotti, Acting Planning Manager Andrew Perez, Utilities Manager Shane Taylor Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was held by teleconference. _____________________________________________________________________ 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 performed roll call. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Mayor Ray Russom led the flag salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements None. Page 20 of 109 2 Item 8.b. 5.b. Ordinances read in title only Moved by Mayor Ray Russom Seconded by Council Member 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, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George Passed (5 to 0) 6. SPECIAL PRESENTATIONS 6.a. Update Regarding Countywide COVID-19 Efforts City Manager McDonald provided a brief update on COVID-19. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.b. City Manager Communications City Manager McDonald provided an update on the Central Coast Blue project, Public Art Project at Strother Park, highlighted the success of the "Meet the Machines" event, and discussed upcoming items for Council consideration. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.c. Honorary Proclamation Recognizing March 2022 as "Women's History Month" Mayor Ray Russom read the Honorary Proclamation Recognizing March 2022 as "Women's History Month". Elia Esparza, Arroyo Grande Senior Police Officer, accepted the proclamation. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. No public comments were received. 8. CONSENT AGENDA Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion. Council Members Barneich and Storton made comments on Item 8.e. Assistant City Attorney Hirsch recognized the supplemental information in item 8.e. and read the full title of the Ordinance being introduced. Page 21 of 109 3 Item 8.b. Mayor Ray Russom invited public comment. No public comments were received. Moved by Council Member Paulding Seconded by Mayor Pro Tem George Approve Consent Agenda Items 8.a. through 8.h., with the recommended courses of action. AYES (5): Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George Passed (5 to 0) 8.a. Consideration of Cash Disbursement Ratification Ratified the listing of cash disbursements for the period of February 1 through February 15, 2022. 8.b. Consideration of Statement of Investment Deposits Received and filed the report listing investment deposits of the City of Arroyo Grande as of January 31, 2022, as required by Government Code Section 53646(b). 8.c. Approval of Minutes Approved the minutes of the Special and Regular City Council Meetings of February 22, 2022, as submitted. 8.d. Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE CORONAVIRUS (COVID-19) PANDEMIC". 8.e. Consider Introduction of Ordinance Amending Ch. 8.08 of Title 8 of the Arroyo Grande Municipal Code Regarding Sale & Discharge of Class C (“Safe and Sane”) Fireworks & Adoption of Resolution Establishing Fines & Penalties for Illegal Fireworks Violations Introduced an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 8.08 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE DISCHARGE OF “SAFE AND SANE” FIREWORKS" and adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING ADMINISTRATIVE FINES AND PENALTIES FOR POSSESSION, MANUFACTURE, STORAGE, SALE, HANDLING OR USE OF ILLEGAL FIREWORKS". 8.f. Consideration of the 2021 General Plan Annual Report Reviewed and accepted the 2021 General Plan Annual Report (the “Annual Report” or “Report”) and directed staff to forward the Report to the Governor’s Office of Planning and Research and the Department of Housing and Community Development. Page 22 of 109 4 Item 8.b. 8.g. Consider Approval of Purchase of Pour In Place (PIP) Surfacing and Installation Services Using the Cooperative Purchasing Agreement with Omnia Partners for the Inclusive Playground Replacement Project at Elm Street Park Approved the purchase of PIP surfacing and installation services from Play & Park Structures using the cooperative purchasing agreement with OMNIA Partners for the Inclusive Elm Street Park Playground Replacement Project. 8.h. Consideration of Adoption of a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the Storm Drain System at 251 East Grand Avenue Project, PW 2021-12 Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING A NEED TO CONTINUE WORK UNDER EMERGENCY CONTRACTS TO REPAIR THE STORM DRAIN SYSTEM AT 251 EAST GRAND AVENUE". 9. PUBLIC HEARINGS 9.a. Public Hearing to Consider Adoption of a Resolution Establishing Water and Wastewater Rates for Fiscal Year 2021-22 through Fiscal Year 2025-26 Administrative Services Director Valentine introduced the item and Clayton Tuckfield, Tuckfield & Associates, presented the Water and Wastewater Rate Study. Director Valentine and Utilities Manager Taylor responded to questions from Council. Mayor Ray Russom opened the public hearing. Speaking from the public were Molly Johnson, Ken Leonard, Dennis Royer, Kelly Royer. City Clerk Matson read into the record written correspondence received from Bonnie and Brian Davis, Dennis and Kelly Royer, and Gail Lightfoot. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. City Clerk Matson reported that 4,404 protests were needed in order for there to be a majority protest and a total of 15 written protests were received as of the close of the public hearing. Moved by Council Member Storton Seconded by Mayor Pro Tem George Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING WATER AND WASTEWATER RATES". AYES (5): Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George Passed (5 to 0) 9.b. Public Hearing on the Creation of a District-Based Election System and Consideration of Final District Maps City Clerk Matson presented the staff report and recommended that Council 1) Receive a report from the consultant on final maps selected by Council at the previous hearing; 2) Conduct a public hearing to consider final maps; 3) Provide direction on a proposed election sequence; Page 23 of 109 5 Item 8.b. and 4) Provide direction to bring back an ordinance for introduction at the next public hearing that will create districts reflecting the selected map. Daniel Phillips, NDC Consultant, reviewed proposed maps for consideration. Mayor Ray Russom opened the public hearing. Speaking from the public was Glenn Martin and Jim Guthrie. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. Moved by Council Member Storton Seconded by Council Member Barneich Direct staff to bring back an ordinance to adopt Plan 202 Mod with election of District 1 and District 4 in 2022, and District 2 and District 3 in 2024. AYES (4): Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George NOES (1): Mayor Ray Russom Passed (4 to 1) 9.c Consideration of a Resolution Approving Arroyo Grande Community Service Grant Program Allocations for Fiscal Year 2021-22 Mayor Ray Russom called for a brief break at 8:09 p.m. The Council reconvened at 8:15 p.m. Acting Planning Manager Perez presented the staff report and recommended that the Council adopt a Resolution approving the Arroyo Grande Community Service Grant Program funding allocations. Mayor Ray Russom opened the public hearing. Speaking from the public were Horace Morana, Sarah Young, Claire Vollmer, Jackie Diaz, Greg Steinberger, Ashley Boyer, Connie Henley, and Douglas Truvek. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. Mayor Pro Tem George and Council Member Barneich expressed interest in modifying the amounts allocated. Council agreed to discuss potential changes to the allocations. Moved by Mayor Pro Tem George Seconded by Council Member Barneich Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING ARROYO GRANDE COMMUNITY SERVICE GRANT PROGRAM ALLOCATIONS FOR FISCAL YEAR 2021-22", as modified. AYES (5): Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George Passed (5 to 0) Page 24 of 109 6 Item 8.b. 10. OLD BUSINESS None. 11. NEW BUSINESS None. 12. COUNCIL COMMUNICATIONS Council Member Paulding stated, in honor of International Women's Day, that it is a pleasure to serve with the Women on the Council, City Manager, and City Clerk. Council Member Barneich requested a discussion regarding the addition of two at-large members to the Community Service Grant Panel. Mayor Pro Tem George concurred. Mayor Pro Tem George stated that the SLO Beaver Brigade will be providing a survey of Beavers found in the Arroyo Grande Creek area. Mayor Ray Russom commented on the volunteer opportunity for the public art project being held at Strother Park. 13. CLOSED SESSION None. 14. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adj ourned the meeting at 9:10 p.m. _________________________ Caren Ray Russom, Mayor ATTEST: _________________________ Jessica Matson, City Clerk Page 25 of 109 1 Item 8.b. ACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL March 11, 2022, 4:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 E Branch Street, Arroyo Grande, CA 93420 Webinar ID: 832 5584 8846 By Telephone: 1-669-900-6833; 1-346-248-7799 Council Members Present: Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, Mayor Pro Tem George Staff Present: City Clerk Jessica Matson, City Attorney Timothy Carmel, City Manager Whitney McDonald, Assistant City Manager/Public Works Director Bill Robeson Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was held by teleconference. _____________________________________________________________________ 1. CALL TO ORDER Mayor Ray Russom called the Special City Council Meeting to order at 4:00 p.m. 2. ROLL CALL City Clerk Matson took roll call. 3. FLAG SALUTE Mayor Ray Russom led the flag salute. 4. PUBLIC COMMENT ON CLOSED SESSION ITEMS Mayor Ray Russom invited public comment. No public comments were received. 5. CLOSED SESSION The City Council recessed to a closed session for the following: a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957: Title: City Manager Page 26 of 109 2 Item 8.b. City Attorney Carmel announced that there was no reportable action. 6. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 7:14 p.m _________________________ Caren Ray Russom, Mayor ATTEST: _________________________ Jessica Matson, City Clerk Page 27 of 109 Item 8.c. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager Timothy J. Carmel, City Attorney SUBJECT: Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote Teleconference Meetings of the Legislative Bodies Pursuant to Government Code Section 54953(e)(3) DATE: March 22, 2022 SUMM ARY OF ACTION: Adoption of the Resolution will continue the declared local emergency related to the COVID-19 pandemic and will also enable the City to continue to comply with the requirements of legislation, AB 361, to authorize the continued use of teleconferencing for meetings of the City’s legislative bodies. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no direct f iscal impacts related to the proposed ac tion; however, adoption of the Resolution as it relates to continuing the local emergency will facilitate the ability for the City to request resources including financial support and reimbursement from the State Office of Emergency Services and the Federal Emergency Management Agency for costs incurred in preparation and/or response to the COVID-19 pandemic. RECOMMENDATION: Adopt a Resolution declaring a continued local emergency related to the Coronavirus (COVID-19) pandemic and authorizing the continuance of remote teleconference meetings pursuant to Government Code Section 54953(e)(3). BACKGROUND: As the City Council is aware, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the former City Manager, in his capacity as the Director of Emergency Services, proclaimed a local emergency on March 16, 2020, regarding th e COVID-19 pandemic. The City Council ratified the proclamation at its regular meeting on March 24, 2020, and adopted resolutions declaring a continued local emergency since that time as the pandemic has persisted. Page 28 of 109 Item 8.c. City Council Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote Teleconference Meetings of the Legislative Bodies Pursuant to Government Code Section 54953(e)(3) March 22, 2022 Page 2 In addition, AB 361 amended Government Code Section 54953, adding a new subsection (e) that permits legislative bodies, when there is a proclaimed State of Emergency declared by the Governor pursuant to Government Code Section 8625, to make a determination to authorize meeting remotely via teleconferencing as a result of the emergency. To do so, a resolution would need to be adopted in which the legislative body finds that meeting in person would present imminent risks to the health or safety of attendees, or that State or local officials have imposed or recommended measures to promote social distancing. The City Council first adopted a Resolution making findings in accordance with AB 361 and Government Code Section 54953(e) at its September 28, 2021 meeting. The Resolution is valid for thirty (30) days after teleconferencing for the first time under the new regulations. If the State of Emergency remains active after that 30 day period, the local agency may act to renew its resolution authorizing remote teleconferenced meetings by passing another resolution which includes findings that the State of Emergency declaration remains active, the local agency has reconsidered the circumstances of the State of Emergency, and the local agency has either identified: A) ongoing, direct impacts to the ability to meet safely in-person, or B) active social distancing measures as directed by relevant State or local officials. In the past, the City has adopted separate resolutions related to the continuing emergency declaration and the continuance of remote teleconference meetings pursuant to Government Code Section 54953(e)(3). Staff has combined the two items into one resolution to eliminate the need for separate agenda items. AN ALYSIS OF ISSUES: Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to “Revie w the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated.” Accordingly, the City Council has adopted the appropriate resolutions declaring a continued local emergency related to the coronavirus (COVID-19) pandemic within the required 21-day time period since the ratification of the proclamation at its March 24, 2020 meeting. This item is being presented to the City Council to satisfy the requirements of Section 8.12.065(C) given the ongoing State of Emergency proclaimed by the Governor, the ongoing public health orders issued by the State, and the ongoing work required of City staff to respond to the pandemic and these proclamations and orders. In addition, the draft Resolution will allow the City to continue conducting its public meetings via teleconference. The Resolution includes continued findings based upon a determination that, as a result of the proclaimed State of Emergency in California due to the COVID-19 pandemic and its continued spread in San Luis Obispo County and Arroyo Grande through the Omicron variant of SARS-CoV-2, which is far more transmissible than prior Page 29 of 109 Item 8.c. City Council Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote Teleconference Meetings of the Legislative Bodies Pursuant to Government Code Section 54953(e)(3) March 22, 2022 Page 3 variants of the virus and, as even fully vaccinated individuals can spread the virus to others, holding meetings in person would present imminent risks to the health or safety of attendees. While the Resolution provides authority for the City to continue conducting public meetings remotely for the next thirty (30) days, the City has also determined to resume meetings in-person prior to the expiration of that thirty-day period, and conducted the City Council meeting on March 8, 2022, as an in-person meeting at Council Chambers while also retaining an option for the public, staff, and consultants to participate via Zoom. It is recommended that the proposed Resolution be adopted to continue to provide flexibility for future meetings of the City Council and its advisory bodies in the event that guidance from the State or County Health Officers changes within the next thirty (30) days. This flexibility will also allow members of the City Council or advisory bodies to attend meetings remotely if they are required to quarantine due to exposure to COVID-19. Based upon the foregoing, it is recommended that the City Council adopt the Resolution declaring the need to continue the emergency declaration and also authorizing the continuance of remote teleconference meetings pursuant to Government Code Section 54953(e)(3). ALTERN ATIVES: The f ollowing alternatives are provided for the Council’s consideration: 1. Adopt the Resolution declaring the need to continue the declared local emergency and authorizing the continuance of remote teleconference meetings; 2. Do not adopt the Resolution; or 3. Provide other direction to staff. ADV ANT AGES: Adoption of the Resolution will satisfy the requirement of the Arroyo Grande Munic ipal Code regarding the periodic review of the declared local emergency related to the COVID- 19 pandemic. It will also satisfy the requirements of Government Code Section 54953(e)(3) and allow the City to safely continue carrying out its business in a manner that will minimize the risk of contracting COVID-19 for everyone involved. DISADV ANT AGES: No disadvantages have been identified to adopting the Resolution. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Page 30 of 109 Item 8.c. City Council Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote Teleconference Meetings of the Legislative Bodies Pursuant to Government Code Section 54953(e)(3) March 22, 2022 Page 4 PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachment: 1. Proposed Resolution Page 31 of 109 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE CORON AVIRUS (COVID-19) PANDEMIC AND AUTHORIZING THE CONTINU ANCE OF REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF ARROYO GRANDE PURSUANT GOVERNMENT CODE SECTION 54953(e) WHEREAS, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code the f ormer City Manager, in his capacity as the Director of Emergency Services proclaimed a local emergency on March 17, 2020, regarding the COVID-19 pandemic; and WHEREAS, the City Council ratified the emergency proclamation through adoption of Resolution No. 4974 at its regular meeting on March 24, 2020; and WHEREAS, Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated; and WHEREAS, the City Council has adopted Resolutions declaring a continued local emergency related to the coronavirus (COVID-19) pandemic on April 14, April 28, May 12, May 26, June 9, June 23, July 14, August 11, August 25, September 8, September 22, October 13, October 27, November 10, November 24, December 8, 2020, January 12, January 26, February 9; February 23; March 9, March 23, April 13, April 27, May 11, May 25, June 8, June 22, July 27, August 10, August 24, September 14, September 28, October 12, October 26, November 9, November 23, December 14, 2021, January 11, January 25, February 8, 2022, February 22, 2022 and March 8, 2022 ; and WHEREAS, the Secretary of Health and Human Services Director issued a Determination that a Public Health Emergency Exists and has existed as of January 27, 2020 ; and WHEREAS, the President of the United States declared a State of National Emergency; on March 4, 2020 the Governor of the State of California proclaimed a State of Emergency f or the State of Calif ornia and issued Executive Orders and direction regarding measures to mitigate the spread of cases of COVID-19 within the State of California and all recitals set forth therein, are included as though fully set forth herein; and WHEREAS, subsequently, in March 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Orders N-25-20 and N-29-20. These orders suspended certain elements of the Brown Act and specifically allowed for legislative bodies as def ined by the Brown Act to hold their meetings entirely electronically with no physical meeting place. On June 11, 2021, Governor Newsom issued Executive Order N- Page 32 of 109 RESOLUTION NO. PAGE 2 08-21 which provided that the provisions in Executive Order N-29-20 suspending certain elements of the Brown Act would continue to apply through September 30, 2021; and WHEREAS, on September 16, 2021 Governor Newsom signed AB 361, which added subsection (e) to Government Code section 54953 of the Brown Act, and makes provision for remote teleconferencing participation in meetings by members of a le gislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition of AB 361 is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the State caused by conditions as described in Government Code section 8558; and WHEREAS, the City Council has adopted a Resolution making findings in accordance with AB 361 and Government Code Section 54953(e) authorizing remote teleconference meetings on September 28, October 26, November 23, and December 14, 2021, and on January 25 and February 22, 2022; and WHEREAS, the COVID-19 pandemic continues to spread rapidly worldwide and in the U.S., continuing to present an immediate and significant risk to public health and safety, and resulting in serious illness or death to vulnerable populations, including the elderly and those with underlying health conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The above recitals are true, correct and are incorporated herein by this reference. 2. A local emergency is declared to continue to exist throughout the City of Arroyo Grande, and the City has been undertaking, and will continue through termination of this emergency to undertake necessary measures and incur necessary costs, which are directly related to the prevention of the spread of COVID -19 and are taken in furtherance of: the Secretary of Health and Human Services’ determination that a public health emergency has existed since January 27, 2020; the Governor’s Proclamation of a State of Emergency on March 4, 2020; the President of the United States’ Declaration of a National Emergency on March 13, 2020 and the City Director of Emergency Services’ Proclamation of Local Emergency on March 17, 2020; and related orders and directives. 3. In accordance with the requirements of Government Code Section 54953(e)(3), the City Council of the City of Arroyo Grande hereby finds and determines that it has reconsidered the circumstances of the State of Emergency and that the State of Emergency continues to exist and to directly impact the ability to meet safely in person due to the COVID-19 pandemic, and its continued spread in San Luis Obispo County and Arroyo Grande through the Omicron variant of SARS -CoV-2, Page 33 of 109 RESOLUTION NO. PAGE 3 which is far more transmissible than prior variants of the virus, and can be spread to others even by fully vaccinated individuals, and therefore holding meetings in person would present imminent risks to the health or safety of attendees. 4. The City Manager and legislative bodies of the City of Arroyo Grande are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public remote teleconferencing meetings in accordance with the requirements of Government Code section 54953(e) and other applicable provisions of the Brown Act. 5. This Resolution shall take effect immediately upon its adoption and shall be effective for thirty (30) days after its adoption, subject to being extended for an additional 30 day period by the City Council’s adoption of a subsequent resolution in accordance with Government Code section 54953(e)(3) to further extend the time during which the legislative bodies of the City of Arroyo may continue to teleconf erence without compliance with paragraph (3) of subdivision (b) of Government Code section 54953. On motion of Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: The f oregoing Resolution was approved this 22nd day of March, 2022. Page 34 of 109 RESOLUTION NO. PAGE 4 CAREN R AY RUSSOM, MAYOR ATTEST: JESSICA M ATON, CI TY CLERK APPROVED AS TO CONTENT: WHITNEY MCDONALD, CITY M AN AGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Page 35 of 109 Item 8.d. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager Timothy J. Carmel, City Attorney SUBJECT: Consideration of Adoption of an Ordinance Amending Chapter 8.08 of Title 8 of the Arroyo Grande Municipal Code Regarding the Sale and Discharge of Class C (“Safe and Sane”) Fireworks DATE: March 22, 2022 SUMMARY OF ACTION: The Ordinance amends the Arroyo Grande Municipal Code (“A GMC”) with regard to the discharge and sale of Class C “safe and sane” fireworks. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact to the City is projected. RECOMMENDATION: Adopt an Ordinance amending the Arroyo Grande Municipal Code Chapter 8.08 relating to the discharge and sale of Class C “safe and sane” fireworks. BACKGROUND: Chapter 8.08 of the Arroyo Grande Municipal Code (AGMC) lays out the City’s current fireworks program, which allows the sale and discharge of fireworks approved by the California Fire Marshall (also known as “safe and sane” fireworks) within the City, subject to certain limitations and requirements. The City’s fireworks program has been discussed by the City Council at various times over the years. Most recently, Municipal Code Section 8.08.100 was revised in 2019 to limit the public discharge of safe and sane fireworks to July 4th only. Following the receipt of renewed questions and concerns from the public regarding the City’s current fireworks program, the City Co uncil directed staff at its January 11, 2022 regular meeting to schedule a future agenda item to discuss potential amendments to the City’s current fireworks program. On February 22, 2022, the City Council received a report regarding the status of the City’s fireworks program and discussed potential changes to the City’s Municipal Code to help address concerns regarding the impacts of fireworks within the community and to bring greater consistency with the regulations of the other two agencies within the F ive Cities Page 36 of 109 Item 8.d. City Council Consideration of Adoption of an Ordinance Amending Chapter 8.08 of Title 8 of the Arroyo Grande Municipal Code Regarding the Sale and Discharge of Class C (“Safe and Sane”) Fireworks March 22, 2022 Page 2 Fire Authority (FCFA). At that time, Council directed that changes to the City’s fireworks program be brought forward for implementation ahead of the 2022 Fourth of July holiday. On March 8, 2022 the City Council received a report and introduced an Ordinance to amend the AGMC with regard to the discharge and sale of Class C “safe and sane” fireworks and adopted a Resolution to increase the administrative fine to $1,000 for possession, manufacture, storage, sale, handling, or use of illegal fireworks. ANALYSIS OF ISSUES: The Ordinance is now ready for adoption. The Ordinance will become effective thirty days after final passage. Staff will begin to modify outreach material, as appropriate, and inform the public immediately upon adoption. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Ordinance amending Chapter 8.08 related to the sale and discharge of “safe and sane” fireworks; or 2. Modify and re-introduce the Ordinance; or 3. Provide other direction to staff. ADVANTAGES: Limiting the number of hours upon which “safe and sane” fireworks may be discharged may reduce the negative effects associated with fireworks. Other proposed chang es will help standardize regulations administered by the FCFA among its three member agencies. DISADVANTAGES: There are no disadvantages to amending the City’s Municipal Code. 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. Attachment: 1. Proposed Ordinance Page 37 of 109 ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 8.08 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE DISCHARGE OF “SAFE AND SANE” FIREWORKS WHEREAS, Arroyo Grande Municipal Code Chapter 8.08 of Title 8 regulates the sale and use of “safe and sane” fireworks and establishes a process for the issuance of necessary permits; and WHEREAS, the City Council finds it is the best interest of the City and its residents to amend the fireworks ordinance in order to reduce the hours which “safe and sane” fireworks may be discharged, reduce the number of days “safe and sane” fireworks may be sold, and to modify the construction a nd placement of fireworks stands. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. The above recitals and findings are true and correct and are incorporated herein by this reference. SECTION 2. Subsection A of Section 8.08.060 of the Arroyo Grande Municipal Code is hereby amended in its entirety to read as follows: 8.08.060A Fireworks Stands – Construction and Placement No fireworks stands shall be located within thirty (30) feet of any other building, within one hundred (100) feet of a gasoline or other type of flammable fuel pump or storage area, within five hundred (500) feet of another fireworks stand or less than one-eighth of a mile from the city’s boundary with another jurisdiction.” SECTION 3. Subsection A of Section 8.08.070 of the Arroyo Grande Municipal Code is hereby amended in its entirety to read as follows: 8.08.070A Sales Fireworks shall not be sold before noon on the twenty-eighth day of June and such sales shall cease at nine p.m. on the fourth day of July. Sales during this time period will be limited to nine a.m. to nine p.m. each day. Any permittee failing to observe these hours designated for sale may have their permit revoked or be ineligible for a permit in subsequent years. SECTION 4. Section 8.08.100 of Chapter 8.08 of Title 8 of the Arroyo Grande Municipal Code is hereby amended in its entirety to read as follows: Page 38 of 109 ORDINANCE NO. PAGE 2 8.08.100 Public Discharge Discharge of “safe and sane” fireworks may only occur on July 4 th from the hours of 10 a.m. through 10 p.m. in legally permitted locations. No person under eighteen (18) years of age may possess or discharge “safe and sane fireworks” except when under the direct supervision of a person twenty-one (21) years of age or older. No fireworks, other than those meeting the definition of “safe and sane” fireworks, may be possessed, manufactured, stored, sold, handled or used within the City. SECTION 5. This Ordinance is exempt from the California Environmental Quality Act in accordance State CEQA Guidelines, Article 18: Statutory Exemptions, Section 15282(h).This section of CEQA provides a statutory exemption for “the adoption of an ordinance regarding second units [accessory dwelling units] in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of Government Code as set forth in Section 21080.17 of the Public Resources Code.” The City Clerk shall file a Notice of Exemption from CEQA review in accordance with CEQA Guidelines. SECTION 6. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Co uncil 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 fifteen (15) days after adoption of the Ordinance, the summary with the name s 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. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 8. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. On motion 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 ___, 2022. Page 39 of 109 ORDINANCE NO. PAGE 3 ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ WHITNEY McDONALD, CITY MANAGER APPROVED AS TO FORM: ___________________________________ TIMOTHY J. CARMEL, CITY ATTORNEY Page 40 of 109 Item 8.e. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Jill McPeek, Capital Improvement Project Manager SUBJECT: Consideration of Adoption of a Resolution Pursuant to Public Contract Code Section 22050 Terminating the Emergency Declaration for the Storm Drain System at 251 East Grand Avenue Project, PW 2021-12 DATE: March 22, 2022 SUMMARY OF ACTION: Adoption of the Resolution will terminate the emergency action for emergency repairs to the storm drain system at 251 East Grand Avenue. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The FY 2021-22 Capital Improvement Program (CIP) budget, as amended, includes $525,800 of American Rescue Plan Act (ARPA) funds for repair of the Storm Drain System at 251 East Grand Avenue Project. RECOMMENDATION: 1) Receive and file the final report of the emergency storm drain system repairs project at 251 East Grand Avenue; and 2) Adopt a Resolution pursuant to Public Contract Code Section 22050 terminating the emergency declaration for emergency repairs to the storm drain system at 251 East Grand Avenue. BACKGROUND: Public Contract Code (PCC) Section 22050 allows a public agency, in the case of an emergency, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without going through a formal bid process. On November 9, 2021, the Council adopted Resolution No. 5124 declaring an emergency and authorizing the immediate expenditure of funds to repair the storm drain system located at 251 East Grand Avenue, which had failed following a storm that occurred in October 2021. The urgency for the repairs was to prevent storm water from entering the deteriorating corrugated metal pipe (CMP) which undermines the soil surrounding the CMP and causes voids under the pavement leading to surface de pressions and eventually sink holes. Page 41 of 109 Item 8.e. City Council Consideration of Adoption of a Resolution Pursuant to Public Contract Code Section 22050 Terminating the Emergency Declaration for the Storm Drain System at 251 East Grand Avenue Project, PW 2021-12 March 22, 2022 Page 2 PCC Section 22050 requires that after proceeding with an emergency project, the City Council shall review the emergency action at every regularly scheduled meeting thereafter until the emergency action is terminated. On March 8, 2022, the Council adopted Resolution No. 5165 determining a need to continue work under emergency contracts to repair the storm drain system at 251 East Grand Avenue. The emergency conditions and repairs have been concluded and staff recommends adopting the attached Resolution terminating the emergency declaration . ANALYSIS OF ISSUES: Since the March 8, 2022, Council meeting, the status of the project as of March 15, 2022, is as follows:  CalPortland completed backfilling behind the headwalls an d restoring the work pad area to pre-construction condition;  Pacific Petroleum removed the temporary K-rail;  The Fence Factory removed the temporary fencing;  The design consultant determined a design for a permanent concrete patch; and  City crews performed site restoration. As of March 15, 2022, all emergency measures have been accomplished. Staff will continue to work on completing the non-emergency components, including lining of the new pipe, testing of the fuel lines, and installation of a permanent concrete patch. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the proposed Resolution terminating the emergency; 2. Do not adopt the proposed Resolution and direct staff to prepare a Resolution to continue work under emergency declaration; or 3. Provide other direction to staff. ADVANTAGES: Adoption of the Resolution will allow for the termination of the emergency declaration to make repairs to the storm drain system 251 East Grand Avenue and will allow for the non-emergency improvements to be completed under current contracts. Page 42 of 109 Item 8.e. City Council Consideration of Adoption of a Resolution Pursuant to Public Contract Code Section 22050 Terminating the Emergency Declaration for the Storm Drain System at 251 East Grand Avenue Project, PW 2021-12 March 22, 2022 Page 3 DISADVANTAGES: None identified at this time. ENVIRONMENTAL REVIEW: No environmental review is needed to authorize the termination of the emergency declaration. 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. ATTACHMENT: 1. Proposed Resolution Page 43 of 109 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TERMINATING THE EMERGENCY DECLARATION FOR REPAIRS TO THE STORM DRAIN SYSTEM AT 251 EAST GRAND AVENUE WHEREAS, on November 9, 2021, pursuant to Public Contract Code (PCC) Sections 20168 and 22050, the City Council deemed it was in the public interest to immediately authorize the expenditure of City funds needed to safeguard the health, safety and welfare and to proceed immediately with emergency repairs of the storm drain system at 251 East Grand Avenue; and WHEREAS, on November 9, 2021, the City Council deemed that the emergency repairs would not permit a delay resulting from a competitive solicitation for bids and that prompt action, including authorization to expend all funds required for such repairs without competitive bidding, was necessary to respond to the emergency; and WHEREAS, on November 9, 2021, the City Council adopted Resolution No. 5124 declaring an emergency and authorizing the immediate expenditure of funds to repair the storm drain system at 251 East Grand Avenue; and WHEREAS, PCC Section 22050 requires that after proceeding with an emergency project, the City Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the emergency action is terminated; and WHEREAS, on November 23, 2021, the City Council adopted Resolution No. 5130; on December 14, 2021, the City Council adopted Resolution No. 5137; on January 11, 2022, the City Council adopted Resolution No. 5140; on January 25, 2022, the City Council adopted Resolution No. 5147; on February 8, 2022, the City Council adopted Resolution No. 5154; on February 22, 2022, the City Council adopted Resolution No. 5160 ; and on March 8, 2022, the City Council adopted Resolution No. 5165 determining a need to continue work under emergency contracts to repair the storm drain system at 251 East Grand Avenue; and WHEREAS, the City Council finds that there is no further need to continue the emergency action. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the storm drain system emergency declared by the City Council on November 9, 2021, is hereby terminated. Page 44 of 109 RESOLUTION NO. PAGE 2 On motion by Council Member _________, seconded by Council Member _______, and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this 22nd day of March, 2022. Page 45 of 109 RESOLUTION NO. PAGE 3 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: WHITNEY McDONALD, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Page 46 of 109 Item 8.f. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shane Taylor, Utilities Manager SUBJECT: Monthly Water Supply and Demand Update DATE: March 22, 2022 SUMMARY OF ACTION: The update reports the City’s total water supply and demand for February, 2022. 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 Report. BACKGROUND: On October 12, 2021, the City Council adopted a Resolution declaring a Stage 1 Water Shortage Emergency, and implementing emergency water conservation measures and restrictions as a result of the extreme drought conditions. In February, the City’s water use was 155.2 acre-feet with a per capita use of 102 gallons per day/per person. There was a total of 0.10 inches of rainfall in the City in February, 2022. ANALYSIS OF ISSUES: The United States Drought Monitor, as of March 7, 2022, shows San Luis Obispo County in a moderate drought. Rainfall to date for the period July 1, 2021, through February 28, 2022, is 7.33 inches at the Corporation Yard rain gauge. Lopez Lake, as of March 7, 2022, is at 29.4% capacity (14,516). The new water year began on April 1, 2021, and the City’s annual Lopez contract supply was 2,290 acre-feet. On August 24, 2021, the San Luis Obi spo County Board of Supervisors (Board) enacted the Low Reservoir Response Plan (LRRP) for Lopez Lake. Page 47 of 109 Item 8.f. City Council Monthly Water Supply and Demand Update March 22, 2022 Page 2 On September 8, 2021, the Zone III Technical Advisory Committee endorsed the action of reducing contract deliveries by 10%. The City began reducing the flow of Lopez Lake deliveries on September 15, 2021, to 1.9 million gallons per day, compared to the normal flow of 2.2 million gallons per day. Currently, the deliveries from the Water Treatment Plant are at 1.6 million gallons per day. In addition, the City has 1,323 acre-feet of ground water entitlement from the Santa Maria Basin, and wells within the Pismo Formation that produce approximately 160 acre-feet per year. The first quarter monitoring for the Santa Maria Basin sentry wells was completed on January 4, 2022. The deep well index was 9.36 feet above sea level, which is 1.86 feet higher than the deep well index threshold value of 7.5 feet and 0.08 feet higher than the index value one year ago. The recent rainfall in December did raise Lopez Lake from 28% to 30% full, however the LRRP remains in effect, along with Stage 1 water shortage emergency manda tory reductions. The projected water use for the City of Arroyo Grande for water year 2021/22 is 2,300 acre-feet based on current rainfall. ALTERNATIVES: Not applicable at this time. ADVANTAGES: This 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. Lopez Monthly Operations Report for February, 2022 2. Lopez Reservoir Storage Projection 3. Monthly Water Use Comparison 4. Monthly Monitoring Report for February, 2022 Page 48 of 109 San Luis Obispo County Flood Control and Water District Zone 3 - Lopez Project - Monthly Operations Report February, 2022 2.35 Note: Deliveries are in acre feet. One acre foot = 325, 850 gallons or 43, 560 cubic feet. Safe yield is 8,730 acre feet. "Year to Date" is January to present for State water, April to present for Lopez deliveries, and July to present for rainfall. 1934.09 April to Present 11.07 Arroyo Grande 2061 Lopez Dam Operations Lake Elevation (full at 522.37 feet)467.67 Storage (full at 49200 acre feet)14509 Rainfall 0.03 Downstream Release (4200 acre feet/year)70.8 Spillage (acre feet)0 This Month Year to Date 2826.42 0.00 807.00 135.65 Entl.Surplus Water Declared Usage 2868 Total Available Water Lopez Water Deliveries 0.00Oceano CSD 272.7 107.00 0.00380 722.35Grover Beach 720 282.00 58.631002 9.17Pismo Beach 802.8 314.00 9.171117 68.45CSA 12 220.5 86.00 5.04307 213.911240110.00 12.33966.39 65.3075032.24 State Water Deliveries 2734.0640771596.00 208.495673 308.832206158.11Total Contractor Difference (feet)-54.70 % Full 29.5% Comments: 1) Oceano supplied water to Canyon Crest via Arroyo Grande's Edna turn out. A total of 1.61 AF delivered to Canyon Crest was added to Oceano's water usage this month and 1.61 AF was subtracted from Arroyo Grande's usage this month. 2) Lopez Water Deliveries are now operated under the Low Reservoir Response Plan (LRRP). In August 2021 TAC requested a 10% entitlement reduction (retroactive to April 2021) in anticipation of reaching the 15,000 AF trigger of the LRRP. Entitlements shown represent a 10% reduction. Surplus water shown is actually "Carry Over" water as designated in the LRRP. April to Present Lopez Entitlement+Surplus Water Usage 0 50 100 150 200 250 Apr '21 May '21 Jun '21 Jul '21 Aug '21 Sep '21 Oct '21 Nov '21 Dec '21 Jan '22 Feb '22Acre FeetAG GB OCSD PB CSA12 January to Present State Water Usage 0 20 40 60 80 100 120 Apr '21 May '21 Jun '21 Jul '21 Aug '21 Sep '21 Oct '21 Nov '21 Dec '21 Jan '22 Feb '22Acre FeetOCSD PB CSA12 SanMig San Miguelito 17.291209.48 This Month % Total January to Present Usage This Month % of Annual Request Usage % of Annual Request 135.65 Total Water Deliveries This Month 32.24 60.98 119.17 11.43 9.48 368.95 Annual Request 0.00 Usage 0.00 2.35 0.00 0.00 % 0.00 0.00 2.35 0.00 0.00 1934.09 0.00 720.00 9.17 68.45 2731.712.35 106.00 SWP Deliveries SWP Deliveries Change in Storage 0 -158.11 753.86This Month Stored State Water 0.1% 6.6%67.4% 0.0%0.0% 8.1%72.1% 1.1%0.8% 2.3%22.3% 8.9%17.3% 6.7%12.8% 4.3%8.7% 5.1%48.2%7.2%14.0% 7.9%14.4% 0.0% 0.0% 0.8% 0.0% 0.0% 0.0% 0.0% 0.8% 0.0% 0.0% 93.8% 0.0% 100.0% 1.1% 31.0% 67.0%0.1% Entitlement Surplus Usage %Usage % Entitlement Surplus Usage % 911.97Last Month Stored State Water Surplus Requested 807.00 107.00 282.00 314.00 86.00 1596.00 Wednesday, March 9, 2022 Page 1 of 1Report printed by:AdminData entered by:D. Bravo Attachment 1 Page 49 of 109 0.54 0.00 4.70 2.14 0.240.000.000.000.000.00 0.52 1.42 5.16 0.22 0.94 0.000.000.000.000.000.00 2.38 0.30 7.33 0.00 2.873.10 2.77 0.900.330.06 0.030.020.320.62 1.34 2.03 3.023.252.91 1.13 0.410.07 0.030.020.320.62 1.70 2.24 3.12 2.98 2.84 0.98 0.36 0.320.62 1.70 9/25/2022, 10000 0.00 2.00 4.00 6.00 8.00 10.00 12.00 14.00 0 5000 10000 15000 20000 25000 30000 35000 40000 1/1/20202/1/20203/1/20204/1/20205/1/20206/1/20207/1/20208/1/20209/1/202010/1/202011/1/202012/1/20201/1/20212/1/20213/1/20214/1/20215/1/20216/1/20217/1/20218/1/20219/1/202110/1/202111/1/202112/1/20211/1/20222/1/20223/1/20224/1/20225/1/20226/1/20227/1/20228/1/20229/1/202210/1/202211/1/202212/1/20221/1/2023Storage (AF)Date LOPEZ RESERVOIR STORAGE PROJECTION Actual Precipitation Predicted Precipitation Actual Storage 20,000 AF Storage Projection Storage Projection (No Rain) 10,000 AF 1. Storage projection is based on predicted rainfall from longrangeweather.com, inflow based on predicted rainfall, 20-21 downstream release requests, and municipal usage. 2.Municipal Usage is based on Jan 2010-Dec 2020 average monthly deliveries. 3. Predicted inflow is based off of historical precipitation and storage data. Antecedant moisture conditions are factored into the model.The first rainstorms after months without rain will cause less inflow than rainstorms during the rainy season. If the average daily rainfall for the previous three months is below 1 inch the model will multiply the predicted inflow by 0.1, if the average is above 1 inch the inflow is multiplied by 1.25. Attachment 2 Page 50 of 109 Attachment 3 Page 51 of 109 Attachment 4 Below is the information you have submitted for the month of February 2022. We use your most recently submitted monthly report in our calculations State Water Resources Control Board Office of Research, Planning & Performance Page 52 of 109 Item 9.a. MEMORANDUM TO: City Council FROM: Jessica Matson, Legislative & Information Services Director/City Clerk Timothy J. Carmel, City Attorney SUBJECT: Public Hearing on the Establishment of a District-Based Election System and Introduction of an Ordinance Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District SUMMARY: Introduction of an Ordinance Adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code (AGMC) DATE: March 22, 2022 SUMMARY OF ACTION: Public Hearing to introduce an ordinance establishing by-district elections for four Council members, defining district boundaries, and scheduling an election sequence. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no financial impact for conducting the public hea ring and receiving input. However, transitioning to district elections required the City to retain the services of a demographer. The cost of such services are projected to be approximately $24,000 and have been budgeted in the FY 2021-2023 Biennial Budget. RECOMMENDATION: 1) Conduct a public hearing to receive public input on the final map selection and election sequence; and 2) Introduce an Ordinance adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code establishing by-district elections for four Council members, defining district boundaries, and scheduling the order of elections for each district. BACKGROUND: On October 2, 2019, the City received a Notice of Violation (‘NOV”) of the California Voting Rights Act (“CVRA”) and accompanying documentation from attorney Robert Goodman on behalf of his client, Maria Minicucci, alleging that the City’s use of an at -large election system created racially polarized voting in violation of the CV RA. On October 22, 2019, the City Council adopted a Resolution declaring its intent to transition from at-large to Page 53 of 109 Item 9.a. City Council Public Hearing on the Establishment of a District-Based Election System and Introduction of an Ordinance Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District March 22, 2022 Page 2 district-based elections by November 8, 2022 , and authorized a settlement agreement with Ms. Minicucci. Pursuant to Elections Code Section 10010, the City conducted its first two public hearings on July 27, 2021, and August 10, 2021, prior to drafting maps of proposed districts. At the July 27th hearing, the City’s demographer, National Demographics Corporation (NDC) provided a general overview of the districting process and Council received initial public input on communities of interest and approved the timeline for developing and approving a Council district map. At the August 10th hearing, NDC and staff provided further information on the districting process and outreach initiatives. Council received further input from the public on a list of neighborhoods and communities of interest to consider in the district map-drawing process. NDC’s staff led two public workshops conducted in the Fall of 2021 to assist in the map drawing process and h as evaluated each of the maps submitted for compliance with applicable laws . All maps collected from the public by the February 8, 2022 deadline were posted on the City’s website on February 15, 2022. A third public hearing was held on February 22, 2022, to review draft maps submitted by the public and NDC. At that hearing, Council heard an update from staff and a presentation from NDC regarding the map-drawing process, public map submissions, and the legal requirements for developing a district -based election system. After Council discussion, Plan 902, as originally submitted, was selected for further consideration at the next public hearing. Council also selected P lans 202, 902, and 903 for further consideration with requested modifications. In total, Council requested four (4) maps for consideration at the next public hearing. These four maps were posted on the City’s website on March 1, 2022, at www.arroyogrande.org/districtelections. Council also discussed a proposed election sequence, as required by the Election Code. The Council concurred that the public be provided time to review final map selections and discuss the election sequence further at the next public hearing. On March 8, 2022, the City Council held the fourth of four required public hearings prior to adopting a Council district map to begin transitioning to district-based elections. Council discussed the four maps selected for further consideration at the previous public hearing, including the modifications requested on three of the maps. Council also discussed district numbering and election sequencing. Council concurred that the proposed numbering of districts was clear and should remain the same. Council Selection of a Final Map and Election Sequence Following discussion and hearing public input, a majority of the Council selected Plan 202 Mod (Attachment 2) and an election sequence as follows: Page 54 of 109 Item 9.a. City Council Public Hearing on the Establishment of a District-Based Election System and Introduction of an Ordinance Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District March 22, 2022 Page 3  District 1 and District 4 up for election this November 2022; and  Districts 2 and 3 up for election in 2024. Sequencing of the elections by district will not impact the ability of seated Council members to serve out the remainder of their existing terms of office. Plan 202 was originally submitted by the public and m odified by NDC to move the area between West Branch Street, Vernon Street, splitting Census Block 060790118001014, Miller Way, Le Point Street, splitting Census Block 060790118001000, Crown Terrace, Crown Hill Street, and East Branch Street from proposed District 1 to proposed District 2. Making these modifications resulted in a plan that was population balanced and reflected Council direction. Public Outreach Since the March 8 th public hearing, staff has published information regarding the final map selection and election sequence on the City’s districting webpage, updated the spotlight on the City’s website homepage, and sent out a press release and social media posts regarding next steps . ANALYSIS OF ISSUES: This hearing is the fifth public hearing to receive input from the public on the final map selection and election sequencing and to introduce an ordinance establishing by-district elections for four Council members, defining district boundaries, and scheduling an election sequence. The proposed ordinance, shown in Attachment 1, reflects the Council’s direction on March 8, 2022 and adds Chapter 2.21, “Elections” to Title 2, Administration and Personnel, to the AGMC. Following this hearing and introduction of the ordinance, staff will bring the proposed ordinance to the City Council for adoption on April 12, 2022. In order to meet the deadlines established by the County Clerk-Recorder, a map must be adopted by April 17, 2022, and forwarded to the County Clerk-Recorder by April 22, 2022. Below is the current Districting Timeline showing the remaining public meetings. Strikeouts reflect items that have been completed. Page 55 of 109 Item 9.a. City Council Public Hearing on the Establishment of a District-Based Election System and Introduction of an Ordinance Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District March 22, 2022 Page 4 Date Time Location Meeting Type July 27, 2021 6:00 PM Council Chambers / Virtual Public Hearing 1 Held prior to release of draft maps. Receive input on composition of districts. August 10, 2021 6:00 PM Council Chambers / Virtual Public Hearing 2 Held prior to release of draft maps. Receive input on composition of districts. Census Data Release August 16, 2021 Census Bureau releases official 2020 Census population data. September 18, 2021 10:00 AM– 12:00 PM Virtual Public Workshop 1 California Data Release Early October 2021 California Statewide Database releases California’s official ‘prisoner-adjusted’ 2020 population data. October 28, 2021 6:00 – 8:00 PM Virtual Public Workshop 2 February 8, 2022 5:00 PM Draft Map Submissions Due February 15, 2022 Release Draft Maps (7 days prior to Public Hearing 3) February 22, 2022 6:00 PM Virtual Public Hearing 3 Discuss and revise the draft maps and discuss election sequence. March 8, 2022 6:00 PM Council Chamber & Virtual Public Hearing 4 Discuss draft maps and election sequence. Final map selection. March 22, 2022 6:00 PM Council Chamber & Virtual Public Hearing 5 Introduce ordinance. April 12, 2022 6:00 PM Council Chamber & Virtual Map adopted by ordinance Adoption deadline: April 17, 2022 Input from the Public Public input received following the March 8th Public Hearing is provided in Attachment 7 and includes one email received on March 14, 2022. The email addresses Districts 3 and 4’s access to the Grand Avenue corridor. Page 56 of 109 Item 9.a. City Council Public Hearing on the Establishment of a District-Based Election System and Introduction of an Ordinance Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District March 22, 2022 Page 5 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. 1) Conduct a public hearing to receive public input on the final map selection and election sequence; and 2) Introduce an Ordinance adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code establishing by-district elections for four Council members, defining district boundaries, and scheduling the order of elections for each district. 2. Provide other direction to staff. ADVANTAGES: Approving the recommendation will allow for public input regarding the final map selection and election sequence and allow the ordinance to move forward for adoption at the April 12, 2022 regular meeting in order to meet the map adoption deadline of April 17, 2022 . DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Public Hearing Notice and Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Additionally, the Public Hearing Notice was published in the Tribune. Attachments: 1. Proposed Ordinance 2. Plan 202 Mod 3. March 8, 2022 Staff Report 4. February 22, 2022 Staff Report 5. August 10, 2021 Staff Report 6. July 27, 2021 Staff Report 7. Correspondence Page 57 of 109 ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, ADDING CHAPTER 2.21 TO TITLE 2 OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS FOR FOUR COUNCIL MEMBERS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING THE ORDER OF ELECTION FOR EACH DISTRICT WHEREAS, the City of Arroyo Grande (“City”) currently elects four (4) Council members and one (1) Mayor using an at-large election system; and WHEREAS, in response to threatened litigation regarding a lleged non-compliance with the California Voting Rights Act (“CVRA”), the City Council of the City of Arroyo Grande (“City Council”) has determined that it is in the best interest of the City to shift from its current at-large election system to a by-district election system for four (4) Council members and to continue electing the mayor at-large; and WHEREAS, on October 22, 2019 the City Council adopted Resolution No. 4949, declaring the City’s intention to transition from at-large to district-based elections for Council members pursuant to Elections Code Section 10010; and WHEREAS, California Government Code section 34886 permits the City Council to change the City’s method of election by ordinance, with certain formalities, to require the members of the legislative body to be elected by district with an elective mayor; and WHEREAS, pursuant to California Government Code section 34886, it is declared that the purpose of this change in the method of electing Council members is to further the purposes of the California Voting Rights Act of 2001, (California Elections Code section 14025 et seq.) and implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution; and WHEREAS, the City engaged an expert demograph ic firm to assist the City with the process of analyzing the City’s population, developing draft maps, and gathering input from residents on the possible maps; and WHEREAS, in accordance with Elections Code section 10010, the City Council held two (2) public hearings to obtain input on proposed district boundaries on July 27, 2021 and August 10, 2021; and WHEREAS, the City conducted public workshops on September 18, 2021 and October 28, 2021 on the proposed district maps and made presentations to eight (8) community organizations; and Page 58 of 109 ORDINANCE NO. PAGE 2 WHEREAS, on February 15, 2022, the City posted all draft maps submitted by the public on its website for public review; and WHEREAS, on March 1, 2022, the City posted four (4) Council-selected focus district maps prepared by its demographer on its website for public review; and WHEREAS, at its regular meetings on February 22, 2022, March 8, 2022 and March 22, 2022, the City Council held three (3) additional public hearings at which the public was invited to provide input regarding the draft maps and the sequence of district elections; and WHEREAS, at its March 8, 2022, meeting, the City Council provided direction to staff to bring back this Ordinance with a designated draft district map for the consideration of the City Council; and WHEREAS, on March 22, 2022, the City Council introduced, read by title, and waived further reading of this Ordinance; and WHEREAS, the City Council has satisfied all legal prerequisites to the enactment of this Ordinance; and WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of Council members by- district in four (4) single-member districts, as reflected in Exhibit A to this Ordinance, and the election of a Mayor by an at-large election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Chapter 2.21 entitled “Elections” is hereby added to Title 2 of the City of Arroyo Grande Municipal Code. SECTION 3. At-Large Election of Mayor. Section 2.21.010 of Chapter 2.21 is hereby added to Title 2 of the City of Arroyo Grande Municipal Code to read as follows: At-Large Election of Mayor. The mayor shall be elected at-large and have a term of two (2) years. At a general municipal election in 1982, the voters determined to have an elected mayor who should serve a term of two (2) years. Page 59 of 109 ORDINANCE NO. PAGE 3 SECTION 4. By-District Elections. Section 2.21.020 is hereby added to Chapter 2.21 of Title 2 of the City of Arroyo Grande Municipal Code to read as follows: By-District Elections of Council members. A. Pursuant to California Government Code section 34886, four (4) members of the City Council of the City of Arroyo Grande shall be elected by-district in separate single-member districts. 1. Members of the City Council shall be elected in the electoral districts established by subdivision B of this Section, as may be subsequently reapportioned pursuant to State law. Elections shall take place “by district” as that term is defined in California Government Code section 34871, meaning one Council member shall be elected from each district, by the voters of that district alone. 2. Any candidate for City Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued. Any Council member elected or appointed to the seat of a specific district must reside in that district and be a registered voter in that district for his or her full term of office. 3. Termination of residency in a district by a Council member shall create a vacancy for that City Council district unless a substitute residence within the district is declared and established within thirty (30) days after the termination of residency. 4. Notwithstanding any other provision of this section, the Council members in office at the time this section takes effect shall continue in office until the expiration of the term to which they were elected. In the event a vacancy occurs during a Council member’s term, the vacancy shall be filled pursuant to the provisions of Government Code section 36512 (b). B. City Council Districts and District Elections. Four (4) Council members shall be elected on a “by-district” basis from the Council districts shown and numbered on the map titled ‘City of Arroyo Grande District Map’ attached as Exhibit A, a copy of which shall be on file in the City Clerk’s office. In 2022, and every four (4) years thereafter, the following two (2) City Council districts shall be elected by-district: District 1 and District 4. In 2024, and every four (4) years thereafter, the following two (2) City Council districts shall be elected by-district: District 2 and District 3. C. Amendment of District Boundaries. Pursuant to Elections Code section 21601, as it may be amended from time to time, the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law. Page 60 of 109 ORDINANCE NO. PAGE 4 SECTION 5. CEQA. Based upon the whole of the administrative record before it, the City Council hereby finds that a transition from at-large to by-district elections is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, §21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) sections 15061(b)(3), 15320, and 15378(b)(3). Adoption of this Ordinance is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§15061(b)(3); 15378(b)(5).) In the event adoption of this Ordinance does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, §15320.) Further, none of the exceptions to the exemptions found in State CEQA Guidelines Section 15300.2 apply. Staff is hereby directed to prepare, execute and file with the San Luis Obispo County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance. SECTION 6. Severability. If any provision of this Ordinance or the application the reof to any person or circumstance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 8. Publication. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. On motion by Council Member ______, seconded by Council Member _______, and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this ____ day of _______, 2022. Page 61 of 109 ORDINANCE NO. PAGE 5 ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: ________________________________ WHITNEY MCDONALD, CITY MANAGER APPROVED AS TO FORM: ___________________________________ TIMOTHY J. CARMEL, CITY ATTORNEY Page 62 of 109 4 3 2 1 Arroyo Grande Crk101 101 227 W Branch St E B ranch StCorbett Canyon Rdla CanadaE C herry A veRodeo DrFarroll Ave Br isco R dFair Oaks Ave S Halcyon RdS Alpine StTr a f f i c Wa y The Pike Maple St E Grand Ave Montego St Courtland StN oyes R dR ancho Pkw yJames Way S Ma s o n S tTally Ho RdSunrise Dr Stagecoach RdH u a s n a Rd Leanna Dr Branch Mill RdN Halcyon RdGaynfair TerWoodl a nd Dr Ash St Alder StOak Park BlvdS Elm StEque s t r i a n W a y Ga r d e n S t Or c h a r d Av e Castillo del M a r F air O ak A veVa ll e y Rd Election Sequence: 2022: Districts 1 & 4 2024: Districts 2 & 3 Not Population Balanced Arroyo Grande 2022 Selected City Council Districts National Demographics Corporation, March 9, 2022©2017 CALIPER Attachment 2 Page 63 of 109 ITEM 9.a.: Attachment 3 – March 8, 2022 Staff Report Attachment 3 is available as a link: https://pub- arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=1635 Attachment 3 Page 64 of 109 ITEM 9.a.: Attachment 4 – February 22, 2022 Staff Report Attachment 4 is available as a link: https://pub- arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=1421 Attachment 4 Page 65 of 109 ITEM 9.a.: Attachment 5 – August 10, 2021 Staff Report Attachment 5 is available as a link: https://www.arroyogrande.org/AgendaCenter/ViewFile/Item/11337?fileID=17380 Attachment 5 Page 66 of 109 ITEM 9.a.: Attachment 6 – July 27, 2021 Staff Report Attachment 6 is available as a link: https://www.arroyogrande.org/AgendaCenter/ViewFile/Item/11249?fileID=17361 Attachment 6 Page 67 of 109 From: Linda Busek > Date: March 14, 2022 at 11:08:32 AM PDT To: City Council <citycouncil@arroyogrande.org> Subject: PLEASE Reconsider District Map Choice Dear Council Members and Mayor, I've been pinging the Mayor's comments around in my head since the last City Council meeting on March 8 and think she made a really good, smart choice of map 903 mod. Her comment that District 3 & 4 should have similar responsibility and access to the Grande Avenue corridor makes sense. It would be inconsistent and wrong for District 3 to cover most of the length of Grande Avenue businesses. The responsibility should be shared by Districts 3 & 4. Otherwise District 3 is too powerful in deciding the future of the revitalization of Grande Avenue - a must needs project for the future. I know it is inconvenient to revisit this decision, but it seems urgent to do so. Please choose Map 903 mod for better district representation. Thank you! Linda Busek Attachment 7 Page 68 of 109 Item 11.a. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Patrick Holub, Assistant Planner SUBJECT: Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance DATE: March 22, 2022 SUMMARY OF ACTION: The purpose of this study session is to provide an opportunity to receive an update on the City’s Short Term Rental (Vacation Rentals and Homestays) Program and to provide direction to staff regarding potential changes to the City’s Short Term Rental Ordinance (Ordinance 663). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is projected with the study session. Staff time from both the Community Development Department and the City Attorney will be required to draft any future ordinance changes. In accordance with Chapter 3.24 of the Arroyo Grande Municipal Code (AGMC), short term rentals are required to pay the City’s transient occupancy tax (TOT) in the amount of 13.5% of the rent charged by the operator, 10% of which is retained by the City, 2% is provided to the Arroyo Grande Tourism Business Improvement District (AGTBID), and 1.5% is provided to the San Luis Obispo County Tourism Marketing District (SLOTMD) (Visit SLO Cal). The City currently receives an estimated $90,500 per year in TOT from Short Term Rentals. RECOMMENDATION: Receive public comment, discuss potential future changes to the City’s Short Term Rental Ordinance, and provide direction to staff. BACKGROUND: On June 10, 2014, the City Council adopted Ordinance No. 663, establishing vacation rentals and homestays (Short Term Rentals or STRs) as permitted land uses in the City’s residential zoning districts, subject to the approval of a Minor Use Permit -Plot Plan Review (Attachment 1). A vacation rental is defined as a structure being rented for less Page 69 of 109 Item 11.a. City Council Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance March 22, 2022 Page 2 than thirty (30) days without concurrently being occupied by the owner/operator, while a homestay is defined as an owner-occupied dwelling unit where a maximum of two short- term lodging rooms are provided for compensation. These two uses are collectively known as Short Term Rentals. During the development of Ordinance 663, both the Planning Commission and City Council discussed potential issues related to noise, parking, and other general nuisances. Performance standards by which a STR application is reviewed were generated from those discussions. Ultimately, both bodies came to the conclusion that these concerns could be addressed by compliance with the performance standards and abiding by conditions of approval. Additionally, these issues were found to be similar to instances when long-term renters, homeowners, and private guests of homeowners are the cause of these types of nuisances. For example, Ordinance 663 requires applicants to provide a local contact to address noise and genera l disturbance issues that may arise from the STR. A 300-foot buffer between rentals on the same street is required to prevent the oversaturation of STRs in a neighborhood. Arroyo Grande Municipal Code Section 16.52.230 lists the performance standards required to be complied with in order to receive approval for and to operate a vacation rental, which are as follows: 1. Operators of vacation rentals are required to obtain a minor use permit -plot plan review (Section 16.16.080) and a business license. 2. Any proposed vacation rental shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood. 3. All Building Code and Fire Code requirements for the level of occupancy of the vacation rental shall be met. 4. All environmental health regulations shall be met. 5. The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity within a fifteen-minute drive of the property. The contact person or entity must be available via telephone twenty-four (24) hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental. The contact person or entity shall respond, either in person or by return telephone call, with a proposed resolution to the complaint within three hours between seven a.m. and nine p.m., and within thirty (30) minutes between nine p.m. and seven a.m. 6. The operator of the vacation rental shall annually, at the time of renewal of the business license, notify the community development department of the name, address and telephone number of the contact person required in subsection (C)(6). 7. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in subsection (C)(6). The notice shall also set forth the address of the Page 70 of 109 Item 11.a. City Council Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance March 22, 2022 Page 3 vacation rental, the maximum number of occup ants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on -site, and the day(s) established for garbage collection. The notice shall also provide the non - emergency number of the Arroyo Grande Police Department. 8. On-site advertising of the vacation rental is prohibited. 9. The number of overnight occupants shall be limited to two persons per bedroom and two additional persons. A bedroom shall meet the minimum size requirements as defined in the Building Code. 10. All refuse shall be stored in appropriate containers and placed at the curb for collection every week. 11. The operator of the vacation rental shall pay transient occupancy tax as required by Arroyo Grande Municipal Code Section 3.24.030. 12. Establishment of a vacation rental within three hundred (300) feet of an existing vacation rental on the same street shall not be permitted. 13. Violations. Violation of these requirements shall constitute grounds for revocation of the minor use permit pursuant to Section 16.16.220. Arroyo Grande Municipal Code Section 16.52.240 lists the performance standards required to be complied with in order to receive approval for and to operate a homestay, which are as follows: 1. Operators of homestays are required to obtain a minor use permit-plot plan review (Section 16.16.080) and a business license. 2. Any proposed homestay shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood. 3. All Building Code and Fire Code requirements for the level of occupancy of the homestay shall be met. 4. All environmental health regulations shall be met. 5. The operator shall reside on the premises. 6. Individual guest stays shall be limited to fourteen (14) days, with a seven -day period between stays. 7. On-site advertising of the homestay is prohibited. 8. A bedroom shall meet the minimum size requirements as defined in the Building Code. 9. The operator of the homestay shall pay transient occupancy tax as required by Arroyo Grande Municipal Code Section 3.24.030. 10. Establishment of a homestay within three hundred (300) feet of an existing homestay on the same street shall not be permitted. 11. Violations. Violation of these requirements shall constitute grounds for revocation of the minor use permit pursuant to Section 16.16.220. Page 71 of 109 Item 11.a. City Council Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance March 22, 2022 Page 4 On September 3, 2019, the Planning Commission received a status report on the City’s STR regulations and made a number of recommendations including: 1. Implementation of parking requirements for STRs; 2. Administrative fines for non-permitted STRs; 3. Utilization of compliance technology to address non-permitted STRs; and 4. Reconsideration of current buffer distances or methods. The minutes from that meeting are included as Attachment 2. Since that time staff has met with compliance agencies to identify unpermitted rentals and estimate TOT shortfalls. An administrative fine system established by Council applies to all zoning violations, unpermitted short term rentals included. Implementation of parking requirements and the reconsideration of buffer distances are part of this hearing’s discussion and would potentially need to come back for code amendments. On October 12, 2021, the City Council directed staff to bring back a discussion item at a future meeting to evaluate Ordinance 663 after receiving public comment expressing concerns regarding the recent proliferation of STRs, the application and appeal process associated with STRs, and other related issues such as the 300-foot location radius. Since that time, this discussion item was delayed while advice could be sought from the Fair Political Practices Commission regarding potential conflicts of interest related to Councilmembers who have approved STRs or are in the process of constructing accessory dwelling units that could become STRs. The FPPC determined that because Mayor Ray Russom and Council Member Barneich have vacation rental permits, it is reasonably fore seeable that changes to the Vacation Rental Ordinance would have a material financial effect on each official’s property, distinguishable from the effect on the public generally. Accordingly, the Political Reform Act would prohibit each official from taking part in Vacation Rental Ordinance decisions. Additionally, the FPPC determined although neither Council Member Storton nor Council Member George have vacation rental permits, both are currently constructing accessory dwelling units and that any decision impacting vacation rentals and vacation rental permits would have a greater impact on the development and income producing potential of their property compared to properties without ADUs. Accordingly, the Political Reform Act would prohibit each official from taking part in Vacation Rental Ordinance decisions. Because the City Council consists of five members and three are necessary for a quorum, while the Mayor and other disqualified Council Members would otherwise be prohibited from taking part in Vacation Rental Ordinance decisions, the FPPC advice letter determined that in order to establish a quorum of three councilmembers, two otherwise disqualified councilmembers may be “legally required” to participate as provided under Regulation 18705. Under that Regulation, a random means of selection may be used to select two otherwise disqualified councilmembers to form a quorum with respect to decisions relating to the Vacation Rental Ordinance. When two councilmembers are selected, those councilmembers are selected for the duration of the proceedings and in Page 72 of 109 Item 11.a. City Council Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance March 22, 2022 Page 5 all related matters until those councilmembers’ participation is no longer legally required, or the need for invoking the exception no longer exists. City Clerk Matson will choose a random means of selection to determine which councilmembers will participate in the discussion and decision regarding STRs. ANALYSIS OF ISSUES: Trends When the Ordinance 663 went into effect in 2014, it was a first of its kind in San Luis Obispo County. While drawing on existing regulations implemented sporadically throughout the County, the Ordinance addressed the growing trend in home sharing by regulating both vacation rentals and homestays. Since the Ordinance’s implementation, the City has permitted seventy-four (74) vacation rentals and forty-one (41) homestays. The following list represents the number of vacation rentals approved per year:  2014 – Two (2) approvals  2015 – Two (2) approvals  2016 – Six (6) approvals  2017 – Five (5) approvals  2018 – Seven (7) approvals  2019 – Eighteen (18) approvals  2020 – Ten (10) approvals  2021 – Nineteen (19) approvals  2022 – Five (5) approvals* *Approvals listed for 2022 reflect approvals granted through the end of February. Neighborhood Impacts Since the adoption of the Ordinance, nine (9) permits that were approved by the Community Development Director for the establishment of a vacation rental have been appealed to the Planning Commission, and zero (0) permits that were approved for the establishment of homestays have been appealed. All nine (9) of the appeals were denied by the Commission and the Community Development Director’s decision was upheld. Of the nine (9) appeals that were denied by the Planning Commission, two (2) approvals were further appealed to the City Council. Both of these appeals were later denied by the City Council, which was able to make the required findings for approval. Page 73 of 109 Item 11.a. City Council Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance March 22, 2022 Page 6 Appellants of vacation rental permits have cited similar reasons for their appeal, typically including concerns regarding: • Noise; • Traffic; • Parking; • Transient Occupation; and • Loss of property values. In each consideration of the appeals, the Planning Commission indicated that although neighbors had concerns regarding nearby rentals, the concerns they raise d were discussed during development of the Ordinance, were addressed by the performance standards required for the vacation rentals, or were addressed by conditions of approval implemented for the project. Staff has not received complaints that have led to the opening of a code enforcement case or which rise to a level where revocation was considered or recommended since the Ordinance went into effect. Housing Needs The City’s General Plan is the blueprint for how development and activities are to occur within City limits. Housing Element Policy B.6. states: “The City shall continue to regulate the use of existing residences on residentially zoned properties for vacation rentals.” Housing Element Program B.6-1 states: “The City shall monitor the loss of permanent workforce housing from vacation rentals and consider modifying the Development Code to adjust for this loss.” The most recent data available from the United States Census Bureau estimates that there are 7,847 housing units in the City, and 2,169 of those are rental units. Analysis of the ownership information of properties where vacation rentals are permitted indicates that a majority of the vacation rentals are rented on a part time basis when owners are absent. The current number of vacation rentals (74) comprises approximately three percent (3%) of the City’s total rental housing market. While this may not appear to be a significant impact on the City’s housing stock at this time, analysis was completed utilizing the City’s Geographic Information System that estimated a total of 716 vacation rentals could be permitted under the current regulations. This constitutes thirty-three percent (33%) of the City’s rental housing stock. Financial Impact Operators of vacation rentals and homestays are required to obtain a Business License from the City every year, as well as remit Transient Occupancy Tax (TOT). TOT is assessed to any short term occupancies in the City, whether it be at a hotel, motel, bed and breakfast, vacation rental, or homestay, at a rate of 13.5% of fees charged for lodging. Ten percent (10%) of this tax goes into the City’s General Fund, which is used for the maintenance of City streets and services being used by the short term occupants of these facilities. Of the remaining three and a half percent (3.5%), a two percent (2%) Page 74 of 109 Item 11.a. City Council Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance March 22, 2022 Page 7 assessment is charged to the lodging business operators and restricted to the AGTBID for the purpose of marketing and promotional efforts for the local lodging industry and an additional one percent (1.5%) assessment is charged to the lodging operators and restricted to the SLOTMD (Visit SLO Cal) for the purpose of marketing and promotional efforts for the County lodging industry. The Biennial Budget for Fiscal Years 2021 through 2023 projects that the City will receive approximately $2,031,480 in TOT. It is estimated that $182,900 will come from STRs. In Fiscal Year 2020-21, the City received $90,500 in TOT from STRs. Unpermitted STRs One of the most difficult items associated with implementation of the Ordinance is enforcement associated with non-permitted rentals. At any given time, searches can be done on many of the popular rental sites that show rentals operating outside of City regulations. However, efforts necessary to find, geo-locate, track, build a case of facts, and attempt to rectify illegal rentals are time consuming. Staff will monitor and rectify non - compliant rentals when there is a complaint, or when staff resources are available, which is infrequent. There are companies that can utilize technology to do this work for the City. One company has recently estimated that there are between 150 and 200 unpermitted STRs operating in the City. In addition to the benefits of collecting the unpaid taxes, Host Compliance, or similar enforcement companies, could curb illegal STRs that are not subject to the same scrutiny as permitted ones. Services are offered as a menu, with each service being charged per rental within the City, per month. Specific estimates on additional TOT anticipated from enforcement efforts cannot easily be completed, as a number of assumptions would need to be made regarding the number of operators that simply cease their rental, the fees charged for these rentals, etc. However, it is anticipated that while a compliance monitoring service would cut into any additional TOT generated, the City would receive more than it currently does. Application, Approval Process and Notification Procedures The application and approval process for STRs have been raised as areas of concern in recent appeals of STR approvals. Currently, an STR is submitted as a Minor Use Permit – Plot Plan Review and is reviewed by staff, with approval by the Community Development Director. Notification of the Director’s approval is mailed to all property owners within 300 feet of the STR, is posted on the Planning Commission’s agenda, and is appealable to the Planning Commission with a $497 appeal fee. The fee to appeal the Planning Commission’s decision to the City Council is an additional $1,163.00. Community members and appellants have indicated that an STR application should be subject to an initial public hearing so that community input can be provided without having to personally pay the fee and go through the appeal process. Page 75 of 109 Item 11.a. City Council Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance March 22, 2022 Page 8 One of the concerns regarding notification of the Community Development Director’s approval of vacation rental applications has involved the ability of applicants to provide the mailing labels and have the potential to omit property owners that legally should be notified of the decision. In response to this concern, staff has been able to use a combination of City and County resources to verify the correct property owners are notified of each decision. Community Development staff intends to work with an on-call Geographic Information Systems (GIS) consultant to update the City’s capabilities to be able to perform this function fully in-house. If the Council chooses, staff may be directed to generate the mailing labels for each application rather than allowing mailing labels generated by a third party/applicant to be submitted. Currently, the City charges applicants $406.00 to provide the mailing labels for their applications. An additional concern raised by members of the public in relation to STRs involves how the Community Development Director’s decision is reported to the Planning Commission. Per Arroyo Grande Municipal Code Section 16.12.155, a notice of administrative decision for Minor Use Permits, including any approvals, denials or referrals by the Community Development Director, shall be reported on the Planning Commission agenda. Due to the infrequency of Planning Commission meetings during the pandemic, approvals began to be reported along with the cancellation notice for the cancelled Planning Commission meeting, rather than strictly on scheduled meeting agendas. Staff has made a procedural change in response to this concern to require all notices of administrative approval to be placed on agendas for meetings that are held. POTENTIAL ORDINANCE REVISIONS: Short Term Rental Buffer The existing performance standards require a 300 -foot buffer between two short term rentals on a given street. This standard allows for the possibility of rentals being back-to- back or next door to each other when the properties are located on a corner and their addresses are on different streets. This standard also only requires the 300 -foot buffer between any two homestays or vacation rentals, not simply between any two short term rentals. As the Ordinance is currently written, a homestay and a vacation rental may be permitted on adjacent properties. The combination of these short term rentals can resu lt in an overconcentration in a given area, despite compliance with the existing standards. In light of these considerations, Council may wish to direct staff to: 1. alter the 300-foot buffer so that it applies to the distance between any two short term rentals; and/or 2. increase the distance of the buffer between short term rentals; or 3. maintain the existing buffer requirement. Cap on Total Number of Short Term Rentals Another potential revision would be to cap the total number of STRs in the City. While a cap could result in an increase in illegal rentals, it can also be used as a method of protecting the City’s housing supply as highlighted in the Housing Element. A cap of Page 76 of 109 Item 11.a. City Council Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance March 22, 2022 Page 9 vacation rentals specifically, since these have the greatest potential to be located i n an available rental unit, of five percent (5%) would result in a total of 108 vacation rentals in the City. For example, the City of Grover Beach’s vacation rental ordinance caps the number of vacation rentals at one hundred (100). The downside of a cap is that it would reduce potential TOT revenue and could encourage residents in the City to obtain proper permits without intending to rent the unit, simply to keep others from being able to obtain the permits. While these instances may be limited due to the costs associated with permitting, it could further reduce future TOT generation. An associated revision to address this concern could be to require a specified minimum amount of TOT or rental activity per year to validate and maintain a vacation rental, which is discussed further below under revocation. Council may wish to consider directing staff to: 1. cap the total number of short term rentals; and/or 2. require a minimum amount of TOT or rental activity per year to validate and maintain a vacation rental. Performance Standards Past appeals of STRs have cited concerns with parking, noise, traffic, strangers in the neighborhood, and loss of property values. The performance standards in the Ordinance were originally intended to address these concerns. However, in some cases, the Planning Commission and City Council have added conditions to the permit s to bolster the required standards, such as restricting parking or requiring that the property owner provide additional notification to short term renters of certain rules or limitations. The Council may wish to consider directing staff to revise the performance standards to address some of these concerns. Application, Approval Process and Notification Procedures Per some community input, another revision Council may wish to consider is to revise the application and approval process for STRs or vacation rentals. In order to receive initial input from the community up front, the Ordinance could be revised to require all applications for STRs or vacation rentals to be reviewed and approved by the Planning Commission at a public hearing. The City Council could direct staff to revise the Ordinance to require a public hearing at the Planning Commission for STRs or for vacation rentals only. Revocation Process During the recent appeal hearings for vacation rentals held before the Planning Commission and City Council, questions were raised regarding the permit revocation process. Currently, required findings for revocation include: 1. That the permit was obtained by misrepresentation or fraud; 2. That the use for which the permit was granted has ceased and was suspended for six or more consecutive calendar months; or Page 77 of 109 Item 11.a. City Council Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance March 22, 2022 Page 10 3. That the conditions of the permit have not been met or the permit granted is being or has been exercised contrary to the terms of the approval or in violation of any statute, ordinance, law or regulation. Specifically, there were questions from Council and the public on what would “trigger” the potential revocation of a permit based on finding #3. For instance, would there need to be a certain number of verified complaints that have occurred, or should revocation be strictly on a case-by-case basis? The City Council may also wish to consider directing staff to identify more specific revocation triggers in the Ordinance, such as the lack of response from the primary contact person, parking violations, or verified noise complaints. Staff has not historically enforced finding #2 regarding the cessation of an ST R permit, but the City could begin to do so with clarifying information in the ordinance about when an STR permit is deemed suspended or ceased and is therefore subject to revocation. Next Steps Depending upon the direction from Council, staff would draft amendments to the Ordinance that would be scheduled for review by the Planning Commission and subsequently by the City Council to incorporate recommendations made by both bodies as well as public comment through the public hearing process . Typically, ordinance amendments would not apply to existing entitled STRs, and staff recommends that amendments would not apply to applications already in the pipeline . Temporary Moratorium on STRs As part of their direction to staff on October 12, 2021, the City Council requested information about the process for declaring a temporary moratorium on STRs. A temporary moratorium is typically accomplished through approval of an urgency ordinance. However, approval of an urgency ordinance requires a 4/5 affirmative vote. In accordance with the FPPC determination regarding conflicts of interest stated earlier, no more than three (3) councilmembers can participate in decisions by the Council on this subject, which would be insufficient to approve an urgency ordinance for a temporary moratorium. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Provide direction to staff regarding potential future Ordinance changes; 2. Do not provide direction to staff regarding potential future Ordinance changes; or 3. Provide other direction to staff. ADVANTAGES: Recommendations for future changes to the Ordinance will allow staff to make the appropriate revisions and return to the Planning Commission and City Council for final approval in order to address concerns from members of the community regarding STRs in the City. Page 78 of 109 Item 11.a. City Council Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance March 22, 2022 Page 11 DISADVANTAGES: No disadvantages identified. 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. Ordinance 663 2. Minutes from the September 3, 2019 Planning Commission Meeting Page 79 of 109 ORDINANCE NO. 663 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING VACATION RENTALS AND HOMESTAYS WHEREAS, the City of Arroyo Grande ("City") currently does not regulate vacation rentals or homestays; and WHEREAS, the City does regulate similar transient uses with similar impacts such as bed and breakfast inns; and WHEREAS, the City Council finds that, unless properly regulated, vacation rentals and homestays can result in adverse impacts to adjacent properties; and WHEREAS, the purpose of these regulations is to ensure that vacation rentals and homestays conform to the existing character of the neighborhood in which they are located and do not create an adverse impact on adjacent properties; and WHEREAS, the increasing popularity of vacation rentals and homestays in the City the implementation of appropriate regulations to ensure that impacts are addressed and the character of existing neighborhoods is maintained, while providing an expanded type of lodging facility available within the City; and WHEREAS, it is the purpose of this Ordinance to protect the public health, safety, and welfare within the City by establishing rules and requirements for vacation rentals and homestays; and WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following Development Code Amendment findings can be made in an affirmative manner: A. The proposed revisions to Title 16 are required to ensure consistency with the objectives, policies and implementation measures of the General Plan, particularly the Land Use Element, and is therefore desirable to implement the provisions of the General Plan. B. The proposed revisions to Title 16 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed revisions are consistent with the purpose and intent of Title 16 and satisfy the intent of Chapter 16.08 of the Municipal Code and provide for internal consistency. D. The proposed revisions to Title 16 are exempt under per Sections 15061(b)( 3) and 15308 of the California Environmental Quality Act (CEQA) Guidelines. ATTACHMENT 1 Page 80 of 109 ORDINANCE NO. 663 PAGE 2 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1: The above recitals and findings are true and correct and incorporated herein by this reference. SECTION 2: Arroyo Grande Municipal Code Section 16.52.230 is hereby added as follows: SECTION 16.52.230 —VACATION RENTALS A. Purpose and intent. The purpose of these regulations is to ensure that vacation rentals located in the city conform to the existing character of the neighborhood in which they are located and do not create an adverse impact on adjacent properties. B. Applicability. Vacation rentals may be permitted only with approval of a minor use permit. Vacation rentals shall comply with the property development standards of the underlying district and the performance standards and special conditions listed in Section 16.52.230.C. C. Performance standards and conditions for vacation rentals. 1. Operators of vacation rentals are required to obtain a minor use permit- plot plan review (Section 16.16.080) and a business license. 2. Any proposed vacation rental shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood 3. All Building Code and Fire Code requirements for the level of occupancy of the vacation rental shall be met. 4. All environmental health regulations shall be met. 5. The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity within a fifteen (15) minute drive of the property. The contact person or entity must be available via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the vacation rental. The contact person or entity shall respond, -either in person or by return telephone call, with a proposed resolution to the complaint within three (3) hours between 7:00 am and 9:00 pm, and within thirty (30) minutes between 9:00 pm and 7:00 am. Page 81 of 109 ORDINANCE NO. 663 PAGE 3 6. The operator of the vacation rental shall annually, at the time of renewal of the business license, notify the Community Development Department of the name, address and telephone number of the contact person required in subsection 16.52.230.C.6. 7. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in subsection 16.52.230.C.6. The notice shall also set forth the address of the vacation rental, the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency number of the Arroyo Grande Police Department. 8. On-site advertising of the vacation rental is prohibited. 9. The number of overnight occupants shall be limited to two persons per bedroom and two additional persons. A bedroom shall meet the minimum size requirements as defined in the Building Code. 10. All refuse shall be stored in appropriate containers and placed at the curb for collection every week. 11. The operator of the vacation rental shall pay Transient Occupancy Tax as required by Arroyo Grande Municipal Code Section 3.24.030. 12. Establishment of a vacation rental within 300 feet of an existing vacation rental on the same street shall not be permitted. 13. Violations — violation of these requirements shall constitute grounds for revocation of the minor use permit pursuant to Section 16.16.220. SECTION 3: Arroyo Grande Municipal Code Section 16.52.240 is hereby added as follows: SECTION 16.52.240 — HOMESTAYS A. Purpose and intent. The purpose of these regulations is to ensure that homestays located in the city conform to the existing character of the neighborhood in which they are located and do not create an adverse impact on adjacent properties. B. Applicability. Homestays may be permitted only with approval of a minor use permit. Homestays shall comply with the property development standards of the Page 82 of 109 ORDINANCE NO. 663 PAGE 4 underlying district and the performance standards and special conditions listed in Section 16.52.240.0. C. Performance standards and conditions for homestays. 1. Operators of homestays are required to obtain a minor use permit-plot plan review (Section 16.16.080) and a business license. 2. Any proposed homestay shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood 3. All Building Code and Fire Code requirements far the level of occupancy of the homestay shall be met. 4. All environmental health regulations shall be met. 5. The operator shall reside on the premises. 6. Individual guest stays shall be limited to fourteen (14) days, with a seven- day period between stays. 7. On-site advertising of the homestay is prohibited. 8. A bedroom shall meet the minimum size requirements as defined in the L Building Code. 9. The operator of the homestay shall pay Transient Occupancy Tax as required by Arroyo Grande Municipal Code Section 3.24.030. 10. Establishment of a homestay within 300 feet of an existing homestay on the same street shall not be permitted. 11. Violations — violation of these requirements shall constitute grounds for revocation of the minor use permit pursuant to Section 16.16.220. SECTION 4: The following definitions in Arroyo Grande Municipal Code Subsection 16.04.070.C. are hereby amended or added as follows: 16.04.070.C. Definitions Bed and breakfast inn" means an owner-occupied dwelling unit where three (3) or more short-term lodging rooms and meals are provided for compensation or onsite signage is desired. r Page 83 of 109 ORDINANCE NO. 663 PAGE 5 Homestay" means an owner-occupied dwelling unit where a maximum of two (2) short- term lodging rooms are provided for compensation. Vacation rental" means a structure being rented for less than thirty (30) days without concurrently being occupied by the owner/operator where the short-term lodging is provided for compensation. SECTION 5: Arroyo Grande Municipal Code Section 16.16.080 is hereby amended to add Subsection B.10 and Subsection C.6 as follows: 16.16.080.B.10. Establishment of vacation rentals or homestays in applicable zoning districts identified in Table 16.32.040-A and Table 16.36.030(A). 16.16.080.C.6. For plot plan reviews establishing the use of property for vacation rental purposes, the decision of the community development director shall also be mailed to all property owners of parcels within three hundred (300) feet of the property for which the plot plan review has been requested, in addition to the requirements of Section 16.16.080.C.5. The notice shall indicate the appeal provisions of Section 16.12.150. SECTION 6: Arroyo Grande Municipal Code Table 16.32.040-A, entitled "Uses Permitted Within Residential Districts", Section A. Residential Uses is hereby amended to add Subsection A.17. as follows: USE RE RH RR RS SF VR D-2.4 MF MFA MFVH MHP A. Residential Uses 17.Vacation Rentals MUP MUP MUP MUP MUP MUP MUP MUP NP NP and Homestays SECTION 7: Arroyo Grande Municipal Code Table 16.36.030(A), entitled "Uses Permitted Within Mixed Use and Commercial Districts", Section B. Services -General is hereby amended to add the following use: USE VCD VMU HCO D-2.11 OMU1 TMU D- HCO D=Specific IMU D-2.11 2.4 D-2.4 GMU FOMU HMU 2.20 RC2 Use Stds B.Services -General Vacation Rentals and NP MUP MUP MUP MUP MUP MUP MUP NP 16.52.230 Homestays 16.52.240 SECTION 8: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason'held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. Page 84 of 109 ORDINANCE NO. 663 PAGE 6 SECTION 9: Upon adoption of this Ordinance, the City Clerk shall file a Notice of Exemption pursuant to 14 CCR § 15062. SECTION 10: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 11: This Ordinance shall take effect thirty (30) days from the date of adoption. On motion of Council Member Barneich, seconded by Council Member Brown, and on the following roll call vote to wit: AYES: Council Members Barneich, Brown, Costello, Guthrie, and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was adopted this 10th day of June, 2014. Page 85 of 109 ORDINANCE NO. (0493 PAGE 7 TONY F MAYOR ATTEST: Wgkitet'L-- KELLY ET j RE, CITY CLERK APPROVED AS TO CONTENT: S E ADAMS, CITY MANAGER APPROVED AS TO FORM: 7n/V- TIMVIO111Y J. CARME"C, CITY ATTORNEY 1 Page 86 of 109 OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 663 which was introduced at a regular meeting of the City Council on May 27, 2014; was passed and adopted at a regular meeting of the City Council on the 10th day of June 2014; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of June 2014. i 1 I KELL WE/ ORE, CITY CLERK Page 87 of 109 ATTACHMENT 2 Page 88 of 109 Page 89 of 109 Page 90 of 109 Item 11.b. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Andrew Perez, Acting Planning Manager SUBJECT: Study Session for City Council to Provide Direction on a New Ordinance to Implement Senate Bill 9 DATE: March 22, 2022 SUMMARY OF ACTION: The purpose of this item is to give the City Council an opportunity to obtain public comment, discuss the implications of Senate Bill 9 (SB 9), and provide direction regarding an ordinance addressing SB 9. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is projected with the study session. Staff time from both the Community Development Department and City Attorney will be required to draft the ordinance. RECOMMENDATION: Receive public comment, discuss the implications of SB 9, and provide direction to staff. BACKGROUND: SB 9 was signed by Governor Newsom on September 16, 2021 , and became effective January 1, 2022 (Attachment 1). This bill is intended to streamline housing development by requiring a proposed housing development containing no more than two residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements. SB 9 also requires a local agency to ministerially approve a parcel map for an urban lot split in a single-family residential zone if it meets certain requirements, including minimum lot size requirements and certain objective standards. Cities may deny an SB 9 project or subdivision that otherwise meets the requirements of SB 9 only if the Building Official determines it will result in a specific, adverse impact on health and safety and there is no feasible way to mitigate the impact. Page 91 of 109 Item 11.b. City Council Study Session for City Council to Provide Direction on a New Ordinance to Implement Senate Bill 9 March 22, 2022 Page 2 ANALYSIS OF ISSUES: SB 9 can be broken into two primary components: 1) provisions that allow subdivisions of a single-family zoned lot into two lots (“subdivisions”); and 2) provisions that allow construction of two units on a single-family zoned property (“two-unit projects”). These provisions can be used in concert, so that an applicant could subdivide an existing parcel and build two units on each parcel. Qualifying Properties As proposed in the draft ordinance, SB 9 applies to parcels located in the Single-Family zoning district. The Residential Estate, Residential Hillside, Residential Rural, Residential Suburban, Village Residential zones, and the Planned Development districts all allow single-family residences as an allowed use, however, based on staff’s interpretation and guidance from the City Attorney, the City is only required to allow the provisions of SB 9 on Single Family zoned parcels. Limiting subdivisions and two -unit projects proposed pursuant to SB 9 to only the Single Family zoning district may alleviate impacts associated with unplanned density, including traffic generation, water use, and parking. This interpretation is also being followed by the County of San Luis Obispo. Regardless of zoning, properties are excluded from using SB 9 for two -unit projects and/or subdivisions if they are located in any of the following areas:  Prime farmlands or farmlands of statewide importance, or farmlands protected by a local ordinance  Wetlands, as defined in the United States Fish and Wildlife Service Manual  Within a very high fire hazard severity zone  A hazardous waste site  Within a delineated earthquake fault zone, unless the project is designed to meet building code requirements for building within such zone  Within a special flood hazard area or regulatory floodway, unless certain requirements are met  Lands identified for conservation in an adopted conservation plan or under a conservation easement  Habitat for protected species  Within a historic district or on a site that is designated as historic As indicated, SB 9 does not apply to parcels located “within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.” Under Public Resources Code Section 5020.1, “Historic district” means “a definable unified geographic entity that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically o r aesthetically by plan or physical development.” Studies were conducted by the City that confirms the HCO district (D-2.4) possesses a high concentration of historically relevant Page 92 of 109 Item 11.b. City Council Study Session for City Council to Provide Direction on a New Ordinance to Implement Senate Bill 9 March 22, 2022 Page 3 sites and structures which supported creation of the Historic Character Overlay (HCO) Therefore, parcels in the overlay district would be ineligible for purposes of SB 9. Prime farmland and farmlands of statewide importance are present within the City, most of which is found near Fair Oaks Avenue between Woodland Drive and Highway 101 and in the areas near Branch Mill Road. None of these sites have a single family zoning designation, so they would be ineligible for SB 9 projects regardless of their status as prime farmland. There are several parcels adjacent to Arroyo Grande and Corbett Canyon Creeks that are within a special flood hazard area and/or a regulatory floodway. A no-rise certification, prepared in accordance with Federal Emergency Management Agency guidelines, allows for development on a site within the floodway, and therefore would make these parcels eligible for SB 9 projects. No very high fire severity zones or hazardous waste sites located within City limits. A property can only be subdivided pursuant to SB 9 once. SB 9 also precludes the same applicant, or someone working in concert with the applicant, from subdividing adjacent properties. SB 9 does not override covenants, conditions, and restrictions (CC&Rs) or other private governing documents for homeowner’s associations (HOA) or common- interest developments, meaning these developments may impose further restrictions on subdivision of parcels and two-unit developments. The City would process an SB 9 application, but because the City is not a party to private governing documents, enforcement of such documents is left to the HOA. Urban Lot Splits Lot splits proposed under the provisions of SB 9 are referred to as Urban Lot Splits (ULS). A parcel map for an ULS shall be approved ministerially, without discretionary review. Parcels developed with affordable housing, or residential units that have been occupied by a tenant within three (3) years of the ULS application may not be split if the application proposes to alter or demolish the residential units. Under the subdivision provisions of SB 9, the City must also allow a single-family zoned property to be subdivided into two roughly proportional lots. To ensure rough proportionality, SB 9 specifies that one lot cannot be less than 40 percent the size of the other. The bill also establishes a minimum lot size of 1,200 square feet for lots created through an urban lot split. Provisions of SB 9 include the following allowances and restrictions on subdivisions:  Cannot require dedication of right-of-way or construction of off-site improvements (such as installation of a sidewalk where there is none);  May require that parcels have access to a public right -of-way;  May require easements for the provision of public services and facilities; and  Must require the applicant to sign an affidavit stating that the applicant intends to live on one of the properties as their primary residence for at least three years after Page 93 of 109 Item 11.b. City Council Study Session for City Council to Provide Direction on a New Ordinance to Implement Senate Bill 9 March 22, 2022 Page 4 the date of the subdivision. This requirement does not apply to an urban land trust or qualified non-profit. Units built on lots created through an ULS are reserved for residential uses, may not be permitted for short term rentals, and requires owner occupancy for at least three years from the date of the approval of the ULS. The owner affidavit will be required to include a clause prohibiting short term rentals in these units. Jurisdictions may not require correction of non-conforming zoning conditions, dedication of rights-of-way, or construction of public improvements as a condition of approving an ULS. Two-unit Development A housing development consisting of two residential units within a single-family residential zone shall also be considered ministerially, without discretionary review or hearing if the developed pursuant to the provisions in SB 9. A two-unit development may include the construction of two new units, or the addition of a new unit to a property already developed with a single-family dwelling. A two-unit development would be subject to the following requirements, among others:  The proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;  The proposed housing development would not require demolition or alteration of housing that has been occupied by a tenant in the last three years;  The proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls of an existing residential unit on the property unless the site has not been occupied by a tenant in the last three years; and  The development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. When an application for a two-unit development is submitted that proposes the demolition of an existing unit, staff will confirm the subject parcel complies with the State mandated requirements listed above. Staff maintains a database of deed-restricted affordable housing units that will be referenced to verify an affordable unit is not proposed for demolition. Furthermore, staff can obtain water billing information to verify whether a unit has been rented in the previous three years. The City may apply objective development standards, but those standards cannot preclude construction of at least two units of 800 square feet in size each. Objective standards are standards that involve no exercise in judgment to apply, such as numeric setback requirements. Page 94 of 109 Item 11.b. City Council Study Session for City Council to Provide Direction on a New Ordinance to Implement Senate Bill 9 March 22, 2022 Page 5 SB 9 includes the following mandatory development standards:  Cannot require more than four-foot side and rear setbacks for SB 9 developments;  Cannot require more than one parking space per unit. Cannot require any parking for projects within a half-mile walking distance of high-quality transit or major transit stops, as defined by state law, or if there is a car share vehicle located within on e block;  Must allow construction of attached units; however, attached units must be designed to meet all requirements for selling each unit individually;  No setback can be required for existing structures, and  The City shall not require the correction of non-conforming zoning conditions on a property as a condition of approval of a project or deny a project due to existing non-conformities. A high-quality transit stop is defined as a stop on a fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. The bus routes serving Arroyo Grande all have service intervals exceeding 15 minutes, therefore th e parking exemption described above is not applicable to future SB 9 projects in the City unless bus service changes to meet the state definitions. Beyond the mandatory development standards, the City may incorporate standards for floor-area ratios, height, lot coverage, and building separation, among others. Just as with units that are constructed on parcels created through a ULS, two-unit developments may not be rented for terms of less than 30 days and so cannot be used as vacation rentals. Accessory Dwelling Units ADUs are allowed with SB 9 projects; however, SB 9 states that an agency shall not be required to permit more than two units on a parcel created by an ULS . In addition, SB 9 states that the City is not required to permit an ADU on parcels that propose both a two - unit residential development and an ULS. Staff recommends that ADUs not be allowed on parcels created through an ULS. Staff also recommends restricting ADUs and JADUs to two-unit developments as allowed under SB 9. As a result of this recommendation, for each primary unit allowed, an ADU or JADU would be allowed, but no ADUs would be allowed on new parcels created through a ULS. Objective design standards may apply to ADUs as well as two-unit developments. Actions to Implement SB 9 Adoption of an ordinance is recommended because it allows the City to implement objective design standards that would maintain the character of single -family neighborhoods despite the added density. As previously mentioned, objective development standards can address a numerous aspects of a development. These standards can regulate specific standards such as height and lot coverage, aesthetics through architectural design, and function, such as street access. Staff has developed the following conceptual standards as a starting point for this discussion: Page 95 of 109 Item 11.b. City Council Study Session for City Council to Provide Direction on a New Ordinance to Implement Senate Bill 9 March 22, 2022 Page 6  Massing and Articulation o Maximum unit size of 1,200 square feet o Building Separation: detached dwelling units shall have a minimum of 10 feet of separation whether the units are on one lot or adjacent lots. o Height: 16-foot maximum  Colors and Materials o The primary cladding shall be stone, brick, fiber cement, composite wood or stone, or other cementitious material. Plywood, such as T1 -11 siding, is prohibited. o Color schemes shall consist of one primary color and one secondary color, at a minimum. The roof color shall not be considered a color for purposes of this standard.  Parking and Circulation o Parking shall not be located between a structure and a public sidewalk o All parking areas shall be internally connected and shall use shared driveways  Utility and Service Areas o All new dwelling units must connect to City utilities. o Areas for the storage of trash, recycling, and green waste receptacles shall not be visible from the public right of way. o All mechanical equipment shall be either screened or hidden from view from the public street. Beyond adopting an ordinance, other issues must be addressed to successfully implement the provisions of SB 9. Those issues include development of a new application and review process for SB 9 projects, establishing a fee for the review of th ese projects, development of the objective design standards, and monitoring and enforcement of the owner-occupancy requirement. Prior to January 1, 2022, a property owner pursuing a lot split would submit an application for a Tentative Parcel Map at a fee of $9,537. An application for a parcel map may create of up to four lots, and the fee accounts for staff time to process the permit, including public hearings at Planning Commission and City Council. Due to the mandatory ministerial approval of an ULS, staff anticipates the amount of work to process a ULS will be similar to the amount of staff time required to process an application for a Lot Line Adjustment (LLA). Staff work associated with a lot line adjustment is limited to confirming the proposal is consistent with the Subdivision Map Act, confirming the lot size requirements of the underlying zoning district, and making the findings of Arroyo Grande Municipal Code Section 16.20.140. The amount of staff time required to process a LLA is considerably less than what is required for a parcel map and that is reflected in a lesser fee of $3,326. Currently, the Community Development Department does not have an application Page 96 of 109 Item 11.b. City Council Study Session for City Council to Provide Direction on a New Ordinance to Implement Senate Bill 9 March 22, 2022 Page 7 specifically for ULS or two-unit development projects. A SB 9 specific application, and associated fee, will need to be created for these projects. SB 9 does not allow the City to require dedication of rights-of-way or the construction of off-site improvements as a condition of approval for an ULS. The City may impose Arroyo Grande Municipal Code Chapter 16.68 requiring the undergrounding of utilities at the time of building permit issuance. Development impact fees, such as those for fire protection, police facilities, park improvements, and traffic signalization, and connection fees for water and wastewater may be collected with building permit fees for new residential units proposed with the provisions of SB 9. Next Steps Feedback obtained during the study session will be used to refine the draft ordinance. Staff recommends that the Architectural Review Committee review the proposed objective design standards applicable to SB 9 projects. The ARC recommended objective design standards would be included in the draft ordinance to be reviewed by the Planning Commission. A recommendation for adoption from the Planning Commission will allow the ordinance to return to Council for introduction and adoption. Environmental Review Both two-unit projects and subdivisions authorized under SB 9 must be processed ministerially, meaning no public hearing and no review under the California Environmental Quality Act (CEQA). The adoption of an ordinance addressing SB 9 is likewise not subject to CEQA. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Discuss the draft ordinance, received public comment, and provide direction to staff 2. Provide other direction to staff. ADVANTAGES: A study session providing direction to staff will result in an efficient development of the ordinance to implement SB 9. DISADVANTAGES: None identified. ENVIRONMENTAL REVIEW: The State law includes a provision that explicitly states that an ordinance to implement SB 9 (California Government Code Section 65852.21) shall not be considered a project under CEQA and, therefore, is not subject to environmental review. Page 97 of 109 Item 11.b. City Council Study Session for City Council to Provide Direction on a New Ordinance to Implement Senate Bill 9 March 22, 2022 Page 8 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. Draft Ordinance Implementing SB 9 Page 98 of 109 Sample Draft Ordinance – For Discussion Purposes Section 16.32.060 Two-Unit Residential Development A.Purpose and Intent. 1.It is the intent of these regulations to provide opportunities for two units on one legal parcel, consistent with state law and local regulations. In the event of an inconsistency between this Section and Government Code Section 65852.21, Government Code Section 65852.21 shall prevail. Provided that Government Code Sections 65852.21 or 66411.7 are not repealed, qualifying two-unit residential development in the Single Family zoning district shall be located, developed, and used in compliance with this Section. 2.In accordance with Government Code Section 65852.21(a)(2), two-unit residential development shall not be permitted under this Section in any of the following circumstances: a.Parcels located in: i.Wetlands; ii.Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation; iii.Very high fire severity zones, except if the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development; iv.A hazardous waste site, unless the site has been cleared by the State for residential use; v.Delineated earthquake fault zones, unless the development complies with applicable seismic protection building code standards; vi.Special flood hazard areas (100-year flood zones), unless the site has been subject to a FEMA Letter of Map Revision issued to the City or the site meets FEMA requirement necessary to meet minimum flood plain management criteria of the National Flood Insurance Program; vii.A regulatory flood way identified in a FEMA map, unless the development has received a no-rise certification; viii.Lands identified for conservation in an adopted natural resource protection plan, habitat for protected species, or under a conservation easement; and ix.A historic district or property designated pursuant to a local ordinance or included on the State Historic Resources Inventory. ATTACHMENT 1 Page 99 of 109 b. The proposed development would require demolition or alteration of any of the following types of housing: i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to moderate, low, or very low incomes; ii. A unit that has been occupied by a tenant within the past three years; and iii. A rent controlled unit. c. The proposed development would result in the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three years. d. The building official finds that the proposed development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5. B. Restrictions. A qualifying two-unit residential project shall be subject to the following restrictions: 1. The development and use of the dwelling units shall only be valid and permitted based on the terms established in the Section. 2. The dwelling unit(s) shall not be rented for a period of less than thirty-one (31) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty-one (31) day period of occupancy by the same tenants. Item #1 – SB 9 mandates that the ordinance allow at least two units on all eligible parcels. Some discretion is permitted as to how those two units can be achieved. At a minimum, the ordinance must allow either a duplex, or one new unit constructed in addition to an existing unit. C. Unit Configurations The new unit in a two-residential unit development may be permitted in the following configurations, provided that no more than two attached residential units are in any one building on a lot. For the purpose of this section, “unit” means any dwelling unit, including, but not limited to, two-unit residential development, additional residential unit, primary residential unit, accessory dwelling unit, or junior accessory dwelling unit. 1. One new unit incorporated entirely within an existing residential unit. 2. One new unit incorporated entirely within an existing accessory building, including garages. 3. One new unit attached to and increasing the size of an existing residential unit or an existing accessory building. Page 100 of 109 4. One new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, or is attached by a breezeway or porch, is considered detached. 5. Two newly constructed attached units (duplex) or two detached residential units on a vacant lot. 6. A two-unit residential development in any of the configurations described above may be added to a newly created lot concurrently with an approval for a parcel map for an urban lot split, pursuant to AGMC Section 16.20.180, Parcel Maps for Urban Lot Splits; however, the provisions of that Chapter shall not be used to permit more than two units on a lot. 7. Up to two accessory dwelling units pursuant to AGMC Section 16.52.150, Accessory Dwelling Units, may be proposed in addition to the two units constructed pursuant to this Section on a lot that is not the result of an urban lot split. D. Parking. 1. Pursuant to Government Code Section 65852.21(c), one off-street parking space is required per dwelling unit, unless the parcel is located within one-half mile of a high- quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code or there is a car share vehicle located within one block of the parcel. 2. The location of the required parking space(s) shall not obstruct the required parking of each Dwelling Unit. 3. The parking facilities shall comply with Section 16.56.070. 4. Required parking spaces for separate dwelling units shall not be provided in a tandem configuration. 5. The required parking spaces must be covered. E. Rear and Side Setbacks. 1. No setback shall be applied to existing structures or structures constructed in the same location and to the same dimensions as an existing structure. 2. For projects not meeting the requirements of subsection 1 above, a minimum four-foot setback shall be provided from side and rear lot lines. Item #2 – A city may impose objective design standards. Design Standards must allow at least two units of 800 square feet each. Objective design standards can regulate development aspects such as height, lot coverage, floor-area ratio, etc. F. Objective Zoning and Design Standards for Two-Unit Residential Developments. Government Code Section 65852.21 permits the imposition of objective zoning standards and objective design standards, provided the standards do not physically preclude the construction Page 101 of 109 of up to two units of at least 800 square feet. Accordingly, the follow objective standards shall apply to two-unit residential development projects Page 102 of 109 1. Massing and Articulation a. Maximum size of a unit is 1,200 square feet. b. Building Separation: detached dwelling units shall have a minimum of 10 feet of separation whether the units are on one lot or adjacent lots. c. Height: Units are subject to a 16-foot height limit 2. Colors and Materials a. The primary cladding shall be stone, brick, fiber cement, composite wood or stone, or other cementitious material. Plywood, such as T1-11 siding, is prohibited. b. Color schemes shall consist of one primary color and one secondary color, at a minimum. The roof color shall not be considered a color for purposes of this standard 3. Parking and Circulation a. Parking shall not be located between a structure and a public sidewalk b. All parking areas shall be internally connected and shall use shared driveways 4. Utility and Service Areas a. All new dwelling units must connect to City utilities. b. Areas for the storage of trash, recycling, and green waste receptacles shall not be visible from the public right of way. c. All mechanical equipment shall be either screened or hidden from view from the public street Ministerial Approval of Two-Unit Residential Development Projects. 1. The Community Development Director or his/her designee shall ministerially review and approve a two-unit residential development application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the two-unit residential development project complies with the requirements contained in this Title 16 and qualifies under Government Code Section 65852.21(a). 2. In addition to obtaining planning approval for the two-unit residential development project, the applicant shall be required to obtain a building permit, and other applicable construction permit requirements prior to the construction of the dwelling units. Page 103 of 109 Sample Draft Ordinance – For Discussion Purposes Section 16.20.180 Parcel Maps for Urban Lot Spits A. Purpose and Scope 1. This Section implements Government Code section 66411.7 to provide an owner of property in the Single Family zoning district an additional method to subdivide the parcel for the purpose of housing development. Item #1 – SB 9 applies to parcels zoned for “single-family residential.” Determination about whether the proposed ordinances for two-unit developments should apply to all single family zones, or specifically the Single Family zoning district. 2. Urban lot split means the subdivision of an existing legal parcel in the Single Family zoning district to create no more than two new parcels. B. Application and Approval 1. A parcel map for an urban lot split may not be approved except in conjunction with a concurrently submitted application for building permits for two-unit residential development pursuant to Section 16.32.060. Development on the resulting parcels is limited to the residential development approved in the concurrently submitted building permit applications. 2. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code sections 66444 – 66450 and this Section, and submitted for approval to the City Engineer. A fee in an amount established by City Council resolution must be paid concurrently with the submission of the parcel map. 3. The City Engineer is the approval authority for parcel maps under this Section. The City Engineer shall approve a parcel map for an urban lot split if the Engineer determines that it meets all of the requirements of this Section. C. The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law: 1. A map of appropriate size and to scale showing all of the following: a. Total area (in acreage and square feet) of each proposed lot. b. Location and dimensions of existing and proposed property lines; c. Zoning District; d. The location and use of all existing and proposed structures; e. All required zoning setbacks for the existing and proposed lots; f. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements; Page 104 of 109 g. The location of all proposed new water, sewer, storm drain, lines, pipes, or systems; h. The location of any proposed easements for access or public utilities to serve a lot created by the subdivision; i. The location of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal; j. Any area of the parcel that has a slope of 25% or greater by way of contours at 5- foot intervals; l. Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel; m. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions; n. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); and o. Location of existing or proposed pedestrian pathway access to the public right of way. 2. A statement of the owner, signed under penalty of perjury under the laws of California, that: a. The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Section 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. b. The parcel has not been established through prior exercise of an urban lot split under this Section; c. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this Section. d. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map. Page 105 of 109 e. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty-one (31) day period of occupancy by the same tenant. f. The uses allowed on a lot created by the parcel map shall be limited to residential uses. D. Design and Improvement Requirements Item #2 – A city may impose objective design standards for lots created by this ordinance. Design Standards must allow at least two units of 800 square feet each. Objective design standards can regulate development aspects such as lot access, size, easements, etc. 1. A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet. The following areas are excluded from the calculation of lot area for the purposes of this subdivision: 2. Each parcel must be served by a separate water service meter and a separate sewer connection. 3. Each parcel shall either drain a developed drainage easement or in accordance with the City’s Standard Specification and Engineering Standards. 4. Rights-of-way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated. 5. The parcel must satisfy the requirements of Government Code section 66411.7(a). 6. A lot line shall not bisect or be located within 4 feet of any of the following: a. A dwelling that has been occupied by a tenant at any time during the three years before the date of the parcel map; b. A structure designated as a historic structure or a candidate structure under any City ordinance or included on the State Historic Resources Inventory; c. A dwelling that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. d. Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose. 7. The location and orientation of new lot lines shall meet the following standards: a. Front lot lines shall conform to the minimum public street frontage requirements of the Development Code; a flag lot, or a lot with a narrow projecting strip of land extending along a street, is not permitted. b. Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection D, above. Lot depth shall be Page 106 of 109 measured at the midpoint of the front lot line. Lot width shall be measured by a line connecting two points on opposite interior lot lines that will result in a line parallel to the front lot line. c. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may be not be straight but shall follow the appropriate course. d. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater. e. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets. f. Lot lines shall be located within appropriate physical locations such as the top of creek banks, at appropriate topographical changes (top or bottom of slopes etc.) or at locations which clearly separate existing and proposed land uses. g. Lot lines shall be contiguous with existing zoning boundaries. h. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in the Development Code. i. Lot lines shall not render an existing structure as nonconforming in any respect (e.g., setbacks, Floor Area Ratio, parking), nor increase the nonconformity of an existing nonconforming structure. E. Access Standards 1. Each lot shall front upon or have access to a public street, or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards: a. Vehicle access easements serving a maximum of two units shall meet the following standards: i. Easement width shall be a minimum of 10 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the City’s standards. ii. The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided. iii. No residential structure shall be closer than 3 feet to the easement. b. Vehicle access easements serving three to four units shall meet the following standards: i. Easement width shall be a minimum of 20 feet. Page 107 of 109 ii. The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided. iii. No residential structure shall be closer than 5 feet to the easement. c. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards: i. Easement width shall be a minimum of five feet; ii. Pedestrian access easements shall not exceed 200 feet in length. 2. Vehicle access easements shall not be located closer than 25 feet to an intersection. 3. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement. 4. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code, the City’s Design Standards, and the parking design standards in the Development Code. F. Map Requirements 1. The content and form of a parcel map shall meet all the requirements of Government Code sections 66444 – 66450. 2. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision. 3. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel. 4. The parcel map shall contain a declaration that: a. Each lot created by the parcel map shall be used solely for residential dwellings; b. That no more than two residential dwelling units may be permitted on each lot. As used in this subsection residential dwelling unit includes a unit created pursuant to Government Code section 65852.21, a primary dwelling unit, an accessory dwelling unit as defined in Government Code section 65852.2, or a junior accessory dwelling unit as defined in Government Code section 65852.22. c. That rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant. G. Concurrent Processing With Other Ministerial Permits for Housing Development 1. No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards outlined for two-unit residential development or Page 108 of 109 accessory dwelling units in this Code, or any other adopted objective design standards in effect at the time a complete application is submitted. 2. A building permit for development on an urban lot split cannot be issued until the parcel map is recorded. 3. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. H. Prohibition of Further Subdivision A lot created by a parcel map under this Section shall not be further subdivided. Page 109 of 109