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CC 2022-04-12 Agenda PackageCITY COUNCIL MEETING AGENDA SUMMARY Tuesday, April 12, 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 EXCHANGE CLUB OF THE CENTRAL COAST 5.AGENDA REVIEW 5.a.Closed Session Announcements None. 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 "Sexual Assault Action Month” 6.d.Honorary Proclamation Declaring April 29, 2022 as "Arbor Day" 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 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 March 1 through March 15, 2022. Page 2 of 340 8.b.Consideration of Statement of Investment Deposits (VALENTINE) Recommended Action: Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of February 28, 2022, as required by Government Code Section 53646(b). 8.c.Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports (VALENTINE) Recommended Action: Receive and file the Annual Comprehensive Financial Report (ACFR), Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports for the fiscal year ended June 30, 2021. 8.d.Consideration of Cancellation of July 12, 2022 City Council Meeting (McDONALD) Recommended Action: Cancel the regularly scheduled Council meeting of July 12, 2022. 8.e.Consideration of Appointments to the Arroyo Grande Tourism Business Improvement Advisory Board (McDONALD) Recommended Action: Appoint Sean Shuur and Myraline Morris Whitaker to the Arroyo Grande Tourism Business Improvement District Advisory Board. 8.f.Consideration of Rotational Schedule for the South County Chambers of Commerce Monthly Arroyo Grande Business Meeting (McDONALD) Recommended Action: Consider and approve the list of City Council rotational assignments for attending the South County Chambers of Commerce monthly Arroyo Grande Business Meeting. 8.g.Consider Adoption of an Ordinance Adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code (AGMC) Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District (MATSON) Recommended Action: Adopt 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. 8.h.Approval of Minutes (MATSON) Recommended Action: Approve the minutes of the Regular City Council Meeting of March 22, 2022, as submitted. Page 3 of 340 8.i.Consideration to Declare Police and Public Works Surplus Property (MARTINEZ/ROBESON) Recommended Action: Adopt a Resolution declaring the vehicles and equipment as surplus and authorize their sale or disposal. 8.j.Consideration of Adoption of an Urgency Ordinance Establishing a Military Equipment Use Policy in Accordance with the Requirements of AB 481 (MARTINEZ) Recommended Action: Adopt an Urgency Ordinance establishing a Military Equipment Use Policy in accordance with AB 481. 8.k.Consider Approval of Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc., to Comply with the Requirement (McDONALD/CARMEL) Recommended Action: Approve Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc. 8.l.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.m.Consideration of Approval of Amendment to the Agreement for Consultant Services with GHD to Expand Scope of Services to allow for the Completion of the Halcyon Road Complete Streets Plan (PEDROTTI) Recommended Action: Approve and authorize the Mayor to execute the Amendment to Agreement for Consultant Services with GHD for the completion of the Halcyon Road Complete Streets Plan. 8.n.Consideration of Adoption of a Resolution Approving Fiscal Year 2023 Community Project Funding Request for the Swinging Bridge Project (VALENTINE) Recommended Action: Adopt the Resolution supporting the FY23 Community Project Funding Request for the Swinging Bridge Project and designate the City Manager or her designee as the City’s signature authority to take all actions necessary to seek and apply for the funding opportunities. Page 4 of 340 9.PUBLIC HEARINGS 9.a.Resolution Updating Operating Fees Set Forth in the Master Fee Schedule (VALENTINE) Recommended Action: Adopt a Resolution updating operating fees set forth in the Master Fee Schedule, effective June 13, 2022. 10.OLD BUSINESS 10.a.Consider Potential Permanent Parklet Program (PEDROTTI) Recommended Action: Consider and provide direction to staff regarding the draft parklet program. 11.NEW BUSINESS 11.a.Consider Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase (VALENTINE) Recommended Action: 1) Review the Integrated Solid Waste Collection Rate Increase request; 2) Set a public hearing for June 14, 2022, to consider adjusting the waste collection services rates for June 15, 2022, January 1, 2023 and January 1, 2024; and 3) Direct staff to prepare and distribute a Proposition 218 notice with a delayed implementation start date of May 1, 2022, for the proposed waste collection services rate increases. 12.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. 13.CLOSED SESSION None. 14.ADJOURNMENT All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Legislative and Information Services Department at 805-473-5400 as soon as possible and at least 48 hours prior to the meeting date. Page 5 of 340 This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you would like to subscribe to receive email or text message notifications when agendas are posted, you can sign up online through the “Notify Me” feature. City Council Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org. Page 6 of 340 Item 6.c. Page 7 of 340 Item 6.d.Page 8 of 340 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: April 12, 2022 SUMMARY OF ACTION: Review and ratify cash disbursements. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is a $1,387,651.83 fiscal impact that includes the following items:  Accounts Payable Checks $993,977.20  Payroll & Benefit Checks $393,674.63 RECOMMENDATION: Ratify the attached listing of cash disbursements for the period of March 1 through March 15, 2022. BACKGROUND: Cash disbursements are made weekly based on the submission of all required d ocuments 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 a nd 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 9 of 340 Item 8.a. City Council Consideration of Cash Disbursement Ratification April 12, 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. March 1 – March 15, 2022 – Accounts Payable Check Register 2. March 11, 2022 – Payroll and Benefit Check Registers Page 10 of 340 CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name1 03/04/2022 293088 $ 22.56 BAN#9391033186 CC MACHINE 010.4145.5403 AT&T2 03/04/2022 293088 43.44 BAN#9391033181 ALARM 640.4710.5403 AT&T3 03/04/2022 293089 145.00 01/22 UST INSPECTION - PW 010.4305.5303 B & T SVC STN CONTRACTORS, INC4 03/04/2022 293090 2,016.78 UNIFORM-DUTY BELTS 010.4204.5272 B3CK & COMPANY5 03/04/2022 293091 9.57 8.5" STEEL TIES 010.4430.5605 BACKYARD IMPROVEMENT CTR6 03/04/2022 293092 12.77 BUNGEES 010.4420.5605 BRISCO MILL & LUMBER YARD7 03/04/2022 293092 4.21 1/2" BOLT, WASHERS 010.4420.5605 BRISCO MILL & LUMBER YARD8 03/04/2022 293092 15.71 CAM LOCKS 010.4420.5605 BRISCO MILL & LUMBER YARD9 03/04/2022 293092 86.64 CHAIN, WASHERS, SCREWS, NUT DRIVER 010.4420.5605 BRISCO MILL & LUMBER YARD10 03/04/2022 293092 23.63 GRAFITTI REMOVAL-SCOUR PADS 010.4420.5605 BRISCO MILL & LUMBER YARD11 03/04/2022 293092 159.83 (3) PLYWOOD SHEETS 010.4420.5605 BRISCO MILL & LUMBER YARD12 03/04/2022 293092 12.38 WELL #8 CAULKING 640.4711.5603 BRISCO MILL & LUMBER YARD13 03/04/2022 293092 43.09 PW-14 STREET BROOM 640.4712.5273 BRISCO MILL & LUMBER YARD14 03/04/2022 293092 75.93 PW-5 CHISELS 640.4712.5273 BRISCO MILL & LUMBER YARD15 03/04/2022 293092 20.30 R G BOOSTER-PIPE CUTTER, FITTINGS 640.4712.5610 BRISCO MILL & LUMBER YARD16 03/04/2022 293092 35.58 R G BOOSTER-BOLTS, GASKET FORM 640.4712.5610 BRISCO MILL & LUMBER YARD17 03/04/2022 293093 9.60 QUIKCRETE 220.4303.5613 BURKE AND PACE OF AG, INC18 03/04/2022 293093 7.61 QUIKCRETE 220.4303.5613 BURKE AND PACE OF AG, INC19 03/04/2022 293094 10,951.50 CHEVRON STATION STORM DRAIN REPAIR 350.5797.7001 CALIFORNIA AUGER BORING INC20 03/04/2022 293094 84,597.36 CHEVRON STATION STORM DRAIN REPAIR 350.5797.7001 CALIFORNIA AUGER BORING INC21 03/04/2022 293094 181,115.00 CHEVRON STATION STORM DRAIN REPAIR 350.5797.7001 CALIFORNIA AUGER BORING INC22 03/04/2022 293095 21.25 LOCKING GAS CAP, STARTING FLUID 010.4420.5603 CARQUEST AUTO PARTS23 03/04/2022 293095 (16.01) RETURN GAS CAP 010.4420.5603 CARQUEST AUTO PARTS24 03/04/2022 293096 4,335.00 NETWORK SWITCH REFRESH EX4400-48T 48 350.5472.7001 CIO SOLUTIONS LP25 03/04/2022 293096 367.00 NETWORK SWITCH REFRESH REDUNDANT POWER 350.5472.7001 CIO SOLUTIONS LP26 03/04/2022 293096 33.00 NETWORK SWITCH REFRESH POWER CABLE 350.5472.7001 CIO SOLUTIONS LP27 03/04/2022 293096 1,067.00 NETWORK SWITCH REFRESH OPTICAL NETWORK MODULE 350.5472.7001 CIO SOLUTIONS LP28 03/04/2022 293096 1,145.34 NETWORK SWITCH REFRESH JCARE 3 YEAR SUPPORT 350.5472.7001 CIO SOLUTIONS LP29 03/04/2022 293096 3,500.00 NETWORK SWITCH REFRESH ENGINEER 350.5472.7001 CIO SOLUTIONS LP30 03/04/2022 293096 449.66 SALES TAX 350.5472.7001 CIO SOLUTIONS LP31 03/04/2022 293097 5.39 FAIR OAKS WM PLANS 640.5911.7301 CRISP IMAGING32 03/04/2022 293098 190.40 02/22 SR FITNESS 010.4424.5351 GAYLE CUDDY33 03/04/2022 293099 1,116.00 ROLLER SKATE CLASS-WINTER SESSION 010.4424.5351 DOOMSDAY SKATE LLC34 03/04/2022 293100 828.75 ENGINEERING SERVICES FOR STORM DRAIN SYSTEM 350.5797.7301 GARING TAYLOR & ASSOCIATES INC35 03/04/2022 293100 2,470.00 ENGINEERING SERVICES FOR STORM DRAIN SYSTEM 350.5797.7501 GARING TAYLOR & ASSOCIATES INC36 03/04/2022 293101 41.31 03/22 AETNA RESOURCES EAP-FCFA 010.0000.1111 HEALTH AND HUMAN RESOURCE CTR37 03/04/2022 293101 165.24 03/22 AETNA RESOURCES EAP 010.4145.5147 HEALTH AND HUMAN RESOURCE CTR38 03/04/2022 293102 4,589.77 1100 GALL #2 RED DIESEL 010.0000.1202 JB DEWAR, INC39 03/04/2022 293103 388.89 (6) 5 GALL PAINT 010.4430.5274 KELLY-MOORE PAINTS40 03/04/2022 293104 145.00 PW-50 90 DAY BIT INSPECTION 220.4303.5603 L. DIESEL MOBILE SERVICE(DBA)Page 11 of 340 CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name41 03/04/2022 293104 $ 145.00 PW-41 90 DAY BIT INSPECTION 220.4303.5603 L. DIESEL MOBILE SERVICE(DBA)42 03/04/2022 293104 95.00 PW-30 90 DAY BIT INSPECTION 220.4303.5603 L. DIESEL MOBILE SERVICE(DBA)43 03/04/2022 293104 145.00 PW-27 90 DAY BIT INSPECTION 220.4303.5603 L. DIESEL MOBILE SERVICE(DBA)44 03/04/2022 293104 1,125.00 PW-27 REMOVE DPF FOR BAKING & CLEANING 220.4303.5603 L. DIESEL MOBILE SERVICE(DBA)45 03/04/2022 293104 145.00 PW-51 90 DAY BIT INSPECTION 612.4610.5601 L. DIESEL MOBILE SERVICE(DBA)46 03/04/2022 293105 38.14 OGLE GLASS CLEANER-AUTO SHOP 010.4305.5255 LAWSON PRODUCTS, INC47 03/04/2022 293106 100.05 WELL #6 OIL DIPPER 640.4711.5603 M & W PUMPS INC48 03/04/2022 293107 543.00 CASH FOR GRASS- 543 SQFT 226.4306.5554 DIANE MANSELL49 03/04/2022 293108 5,133.78 FAIR OAKS WATER MAIN REPLACEMENT 640.5911.7501 MICHAEL K NUNLEY & ASSOC.50 03/04/2022 293108 987.26 2021 SEWER LINING PROJECT 612.5821.7501 MICHAEL K NUNLEY & ASSOC.51 03/04/2022 293109 21.09 SPACKLE, DOOR STOPS 010.4213.5604 MINER'S ACE HARDWARE, INC52 03/04/2022 293109 28.18 PAINT TRAY, LINER, GRAFITTI REMOVER 010.4213.5604 MINER'S ACE HARDWARE, INC53 03/04/2022 293109 15.07 8X2 EXTERIOR TRIM 010.4213.5604 MINER'S ACE HARDWARE, INC54 03/04/2022 293109 114.47 PAINT, ROLLER, BRUSH, SIGN, DRILL BITS 010.4213.5604 MINER'S ACE HARDWARE, INC55 03/04/2022 293109 24.75 SPRAYPAINT, SQUEEGE,SANDPAPER 010.4213.5604 MINER'S ACE HARDWARE, INC56 03/04/2022 293109 21.00 HEX HEAD STEEL SCREW 010.4213.5604 MINER'S ACE HARDWARE, INC57 03/04/2022 293109 29.08 TRUSSTITE SCREWS 010.4213.5604 MINER'S ACE HARDWARE, INC58 03/04/2022 293109 30.15 (2) BALL VALVES 010.4420.5603 MINER'S ACE HARDWARE, INC59 03/04/2022 293109 68.92 (4) HAND HELD SPRAYER 010.4420.5605 MINER'S ACE HARDWARE, INC60 03/04/2022 293109 15.06 (2) AIR COUPLER 010.4420.5605 MINER'S ACE HARDWARE, INC61 03/04/2022 293109 21.53 (2) GRAFITTI REMOVER 010.4420.5605 MINER'S ACE HARDWARE, INC62 03/04/2022 293109 15.06 FLUORESCENT RED MARKING PAINT 220.4303.5613 MINER'S ACE HARDWARE, INC63 03/04/2022 293110 115.20 01/22 YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON64 03/04/2022 293110 108.80 02/22 YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON65 03/04/2022 293111 500.00 CASH FOR GRASS -500 SQFT 226.4306.5554 PATRICIA O'LEAR66 03/04/2022 293112 200.00 WASHING MACHINE REBATE 226.4306.5554 TERILEE OUIMETTE67 03/04/2022 293113 400.00 01/22 SOTO GOPHER CONTROL 010.4420.5303 PACIFIC GOPHER CONTROL68 03/04/2022 293114 1,857.50 2021 STREET REPAIRS - 4 ADDITIONAL STREETS 350.5638.7501 PAVEMENT ENGINEERING INC69 03/04/2022 293114 1,252.50 MATERIALS TESTING FOR 2021 STREET REPAIR 350.5638.7401 PAVEMENT ENGINEERING INC70 03/04/2022 293115 669.00 CASH FOR GRASS 669 SQFT 226.4306.5554 RONALD PERRY71 03/04/2022 293116 784.00 CASH FOR GRASS- 784 SQFT 226.4306.5554 ERNEST M SALAZAR72 03/04/2022 293117 425.87 PW-375 TRAILER TIRES 640.4712.5603 SANTA MARIA TIRE INC73 03/04/2022 293118 50.36 SIPHON KING UTILITY PUMP & HOSE 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC74 03/04/2022 293119 93.20 GAS SERVICES-211 VERNON ST 010.4145.5401 SOCALGAS75 03/04/2022 293119 61.03 GAS SERVICES-215 E BRANCH ST 010.4145.5401 SOCALGAS76 03/04/2022 293119 14.79 GAS SERVICES-1500 W BRANCH 010.4145.5401 SOCALGAS77 03/04/2022 293120 134.83 DUMPSTERS -REC, ELM ST GARDEN 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC78 03/04/2022 293120 134.83 DUMPSTERS -REC, ELM ST GARDEN 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC79 03/04/2022 293121 6.71 (1) NO LEFT TURN SIGN 640.4712.5255 STATEWIDE SAFETY & SIGNS INC80 03/04/2022 293122 22.00 MILLER WAY BOOSTER-1 1/4" PIPE 640.4712.5610 STREATOR PIPE & SUPPLYPage 12 of 340 CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name81 03/04/2022 293123 $ 1,056.73 PW-79 BLADE PACK, FILTERS, BELT 010.4420.5603 TURF STAR, INC82 03/04/2022 293124 1,238.85 MANAGEMENT OF FOG PROGRAM 612.4610.5303 WALLACE GROUP A CALIF CORP83 03/04/2022 293124 2,461.07 RESERVOIR NO. 4 EXTERIOR RECOATING 640.5948.7501 WALLACE GROUP A CALIF CORP84 03/04/2022 293125 14,560.00 RESERVOIR NO. 4 EXTERIOR RECOATING 640.4710.5303 WATER SYSTEMS CONSULTING INC85 03/04/2022 293126 435.00 ASH ST RESTROOM CLEAR DRAIN 2/15 & 2/18 010.4213.5303 WATERBOYS PLUMBING86 03/04/2022 293126 512.00 PLUMBING RETROFIT-295 SPRUCE 226.4306.5303 WATERBOYS PLUMBING87 03/04/2022 293127 2,660.00 BASKETBALL WINTER SESSION #1 2/3-3/3 010.4424.5351 YOUTH EVOLUTION BASKETBALL88 03/04/2022 293128 200.00 UB REFUND CST #00017246 640.0000.2301 TODD BROWN89 03/04/2022 293129 146.64 UB REFUND CST #00026185 640.0000.2301 KAY GORE90 03/04/2022 293130 65.36 UB REFUND CST #00025650 640.0000.2301 MELLISA MARIE MCDANIEL91 03/04/2022 293131 63.35 UB REFUND CST #00024609 640.0000.2301 DAVID MONTANARO92 03/04/2022 293132 8.23 UB REFUND CST#00026759 640.0000.2301 LUKE VLASSIS93 03/04/2022 293133 67.25 UB REFUND CST #00026513 640.0000.2301 RANDALL W WARD JR94 03/04/2022 293134 7,824.99 03/22 DELTA DENTAL PREMIUM 011.0000.2110 DELTA DENTAL95 03/04/2022 293134 2,339.43 03/22 DELTA DENTAL PREMIUM-RETIREE 010.4099.5132 DELTA DENTAL96 03/04/2022 293135 123,172.70 ACTIVE HEALTH INSURANCE 011.0000.2109 PERS - ACTIVE MED97 03/04/2022 293135 6,793.81 RETIREE HEALTH INSURANCE 010.4099.5136 PERS - ACTIVE MED98 03/04/2022 293135 752.74 RETIREE HEALTH INSURANCE 220.4303.5136 PERS - ACTIVE MED99 03/04/2022 293135 605.17 RETIREE HEALTH INSURANCE 010.0000.1111 PERS - ACTIVE MED100 03/04/2022 293135 98.24 ACTIVE HEALTH ADMIN FEE-FCFA 010.0000.1111 PERS - ACTIVE MED101 03/04/2022 293135 209.74 ACTIVE HEALTH ADMIN FEE 010.4145.5131 PERS - ACTIVE MED102 03/04/2022 293136 3,190.79 ACTIVE HEALTH INS-PT NON PERS 011.0000.2109 PERS - ACTIVE MED103 03/04/2022 293136 7.98 ACTIVE HEALTH ADMIN FEE-PT NON PERS 010.4145.5131 PERS - ACTIVE MED104 03/04/2022 293137 2,976.29 03/22 LIFE INS PREMIUM 011.0000.2113 STANDARD INSURANCE CO105 03/04/2022 293138 2,029.99 03/22 VSP PREMIUM 011.0000.2119 VISION SERVICE PLAN106 03/04/2022 293138 608.28 03/22 VSP PREMIUM-RETIREES 010.4099.5133 VISION SERVICE PLAN107 03/11/2022 293139 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 AILEEN ABD108 03/11/2022 293140 1,149.70 DUTY AMMO 010.4203.5255 ADAMSON INDUSTRIES, INC109 03/11/2022 293140 2,134.00 TRAINING/PRACTICE AMMO 010.4203.5501 ADAMSON INDUSTRIES, INC110 03/11/2022 293140 165.39 SALES TAX 010.4203.5501 ADAMSON INDUSTRIES, INC111 03/11/2022 293140 1,047.00 SWAT TRAINING AMMO - 223 REMINGTON 010.4204.5501 ADAMSON INDUSTRIES, INC112 03/11/2022 293140 81.15 SALES TAX 010.4204.5501 ADAMSON INDUSTRIES, INC113 03/11/2022 293140 1,047.00 AMMO FOR SWAT & RANGE MASTER SCHOOL 010.4204.5501 ADAMSON INDUSTRIES, INC114 03/11/2022 293140 81.15 SALES TAX 010.4204.5501 ADAMSON INDUSTRIES, INC115 03/11/2022 293141 1,000.00 SB90 CLAIMS CONTRACT SERVICES 010.4145.5303 AK & COMPANY116 03/11/2022 293142 398.45 KITCHEN SUPPLIES, COFFEE 010.4201.5201 AMAZON CAPITAL SERVICES117 03/11/2022 293142 777.14 POWER TRIM EDGER PARTS 010.4420.5603 AMAZON CAPITAL SERVICES118 03/11/2022 293142 74.34 GENERAL GAS FUEL TANK 010.4420.5603 AMAZON CAPITAL SERVICES119 03/11/2022 293142 254.62 WYPALLS 010.4420.5605 AMAZON CAPITAL SERVICES120 03/11/2022 293142 205.24 TOILET PAPER 010.4420.5605 AMAZON CAPITAL SERVICESPage 13 of 340 CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name121 03/11/2022 293142 $ 45.17 NITRILE GLOVES 220.4303.5613 AMAZON CAPITAL SERVICES122 03/11/2022 293142 14.90 EXTENSION CORD 220.4303.5613 AMAZON CAPITAL SERVICES123 03/11/2022 293142 84.87 WYPALLS 220.4303.5613 AMAZON CAPITAL SERVICES124 03/11/2022 293142 488.44 OFFICE SUPPLIES 612.4610.5201 AMAZON CAPITAL SERVICES125 03/11/2022 293142 334.54 OFFICE SUPPLIES 640.4710.5201 AMAZON CAPITAL SERVICES126 03/11/2022 293142 516.76 (2) METAL STORAGE CABINETS 640.4710.5602 AMAZON CAPITAL SERVICES127 03/11/2022 293142 90.00 BREAK ROOM COFFEE MAKER 640.4710.5602 AMAZON CAPITAL SERVICES128 03/11/2022 293142 1,567.24 PATROL SUPPLIES-EAR PIECES 010.4203.5255 AMAZON CAPITAL SERVICES129 03/11/2022 293143 167.92 03/22 COMMUNICATIONS MAINTENANCE 010.4204.5606 APPLIED TECHNOLOGY GROUP INC130 03/11/2022 293144 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES131 03/11/2022 293144 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES132 03/11/2022 293144 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES133 03/11/2022 293144 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES134 03/11/2022 293144 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES135 03/11/2022 293144 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES136 03/11/2022 293144 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES137 03/11/2022 293144 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES138 03/11/2022 293144 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES139 03/11/2022 293144 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES140 03/11/2022 293144 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES141 03/11/2022 293144 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES142 03/11/2022 293144 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES143 03/11/2022 293144 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES144 03/11/2022 293144 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES145 03/11/2022 293144 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES146 03/11/2022 293144 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES147 03/11/2022 293144 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES148 03/11/2022 293144 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES149 03/11/2022 293144 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES150 03/11/2022 293144 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES151 03/11/2022 293144 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES152 03/11/2022 293144 17.16 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES153 03/11/2022 293144 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES154 03/11/2022 293144 17.16 WATRE DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES155 03/11/2022 293145 9.80 PARKS MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES156 03/11/2022 293145 9.80 PARKS MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES157 03/11/2022 293146 360.00 02/22 VILLAGE WATERING 010.4420.5605 ARROYO GRANDE IN BLOOM INC158 03/11/2022 293147 22.70 BAN#9391033180 CITY HALL FAX 010.4145.5403 AT&T159 03/11/2022 293148 126.68 03/22 TOWER LEASE 010.4201.5303 ATC SEQUOIA LLC160 03/11/2022 293149 450.00 LIFT STN #4 TROUBLESHOOT LEVEL 612.4610.5610 AUTOSYS LLCPage 14 of 340 CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name161 03/11/2022 293150 $ 2,028.40 PD-4605 REPAIR 010.4203.5601 BACK ON THE ROAD AUTOMOBILE162 03/11/2022 293150 2,150.44 PD-4607 REPAIR 010.4203.5601 BACK ON THE ROAD AUTOMOBILE163 03/11/2022 293150 308.30 PD-4603 REPAIR 010.4203.5601 BACK ON THE ROAD AUTOMOBILE164 03/11/2022 293151 2,103.23 RANCHO GRANDE BOOSTER PUMP PARTS 640.4712.5610 BC PUMP SALES & SERVICE INC165 03/11/2022 293152 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 BRANDEE BING166 03/11/2022 293153 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 JUSTIN BIXLER167 03/11/2022 293154 10.00 CAR WASH-PD ADMIN 010.4201.5601 BOB'S EXPRESS WASH168 03/11/2022 293154 20.00 CAR WASH- PW-8 010.4301.5601 BOB'S EXPRESS WASH169 03/11/2022 293154 15.00 CAR WASH PW-10 640.4712.5601 BOB'S EXPRESS WASH170 03/11/2022 293154 243.00 CAR WASH-PATROL 010.4203.5601 BOB'S EXPRESS WASH171 03/11/2022 293154 42.00 CAR WASH-PD SUPPORT SVCS 010.4204.5601 BOB'S EXPRESS WASH172 03/11/2022 293155 181.02 PW - LEAVE/OVERTIME FORMS 010.4102.5255 BOONE PRINTING & GRAPHICS INC173 03/11/2022 293155 765.34 ADMIN SERVICES BUSINESS CARDS, ENVELOPES 010.4102.5255 BOONE PRINTING & GRAPHICS INC174 03/11/2022 293155 155.16 BROCHURES 010.4201.5201 BOONE PRINTING & GRAPHICS INC175 03/11/2022 293155 1,911.39 PRINTING SALES TAX MAILER 218.4101.5201 BOONE PRINTING & GRAPHICS INC176 03/11/2022 293156 500.00 JANITORIAL SERVICES FOR AGPD 010.4201.5615 BRENDLER JANITORIAL SERVICE177 03/11/2022 293156 1,135.00 JANITORIAL SERVICES FOR VARIOUS CITY BUILDINGS 010.4213.5615 BRENDLER JANITORIAL SERVICE178 03/11/2022 293157 893.42 330 GALL SODIUM HYPOCHLORIDE 640.4712.5274 BRENNTAG PACIFIC INC179 03/11/2022 293157 (80.00) (2) DRUM CREDIT 640.4712.5274 BRENNTAG PACIFIC INC180 03/11/2022 293157 (400.00) (10) DRUM CREDIT 640.4712.5274 BRENNTAG PACIFIC INC181 03/11/2022 293158 136.00 PEST CONTROL: REC 010.4213.5303 BREZDEN PEST CONTROL, INC182 03/11/2022 293158 425.00 PEST CONTROL: ONE TIME RODENT 010.4213.5303 BREZDEN PEST CONTROL, INC183 03/11/2022 293158 165.00 PEST CONTROL: CORP YARD 010.4213.5303 BREZDEN PEST CONTROL, INC184 03/11/2022 293159 171.31 DIAMON DIGGER REPLACEMENT 010.4430.5605 BSN SPORTS, LLC185 03/11/2022 293160 51.33 HALLOWEEN & TURKEY TROT POSTER 010.4424.5252 BURDINE PRINTING (DBA)186 03/11/2022 293160 12.50 TURKEY TROT POSTERS 010.4424.5252 BURDINE PRINTING (DBA)187 03/11/2022 293160 27.89 MEET THE MACHINES & EGG HUNT POSTERS 010.4424.5252 BURDINE PRINTING (DBA)188 03/11/2022 293161 66.65 2X12 LUMBER 010.4213.5604 BURKE AND PACE OF AG, INC189 03/11/2022 293161 95.01 (17) JOIST HANGERS 010.4213.5604 BURKE AND PACE OF AG, INC190 03/11/2022 293161 (120.65) RETURN-MISC CITY HALL ROOF MATERIAL 010.4213.5604 BURKE AND PACE OF AG, INC191 03/11/2022 293161 3,405.68 MATERIAL FOR CITY HALL ROOF 010.4213.5604 BURKE AND PACE OF AG, INC192 03/11/2022 293162 19,854.00 02/22 PROFESSIONAL LEGAL SERVICES 010.4003.5304 CARMEL & NACCASHA, LLP193 03/11/2022 293162 1,482.00 02/22 LITIGATION & RELATED MATTERS 010.4003.5327 CARMEL & NACCASHA, LLP194 03/11/2022 293163 78.91 PW-38 -OIL FILTER, FUEL, OIL 220.4303.5601 CARQUEST AUTO PARTS195 03/11/2022 293163 61.49 PW-1 FUEL, LUBE, OIL 220.4303.5603 CARQUEST AUTO PARTS196 03/11/2022 293164 174.00 CVT-21-10336 AGPD CASE#2101984 010.4204.5324 CENTRAL VALLEY TOXICOLOGY INC197 03/11/2022 293164 120.00 CVT-22-1057 AGPD CASE#2102012 010.4204.5324 CENTRAL VALLEY TOXICOLOGY INC198 03/11/2022 293164 313.00 CVT-22-1058 AGPD CASE#2102031 010.4204.5324 CENTRAL VALLEY TOXICOLOGY INC199 03/11/2022 293165 1,349.00 ACCT#8245100960302509 IT BROADBAND 010.4140.5303 CHARTER COMMUNICATIONS200 03/11/2022 293165 95.17 ACCT#8245100960129431 COUNCIL 010.4145.5401 CHARTER COMMUNICATIONSPage 15 of 340 CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name201 03/11/2022 293165 $ 26.72 ACCT#8245100960129431 COUNCIL 010.4145.5401 CHARTER COMMUNICATIONS202 03/11/2022 293165 42.94 ACCT#8245100960211791 REC TV 010.4145.5401 CHARTER COMMUNICATIONS203 03/11/2022 293165 713.42 ACCT#8245100960211791 REC DARK 010.4145.5401 CHARTER COMMUNICATIONS204 03/11/2022 293165 199.98 ACCT#8245100960104152 PD INTERNET 010.4201.5403 CHARTER COMMUNICATIONS205 03/11/2022 293165 53.23 ACCT#8245100960221923 PW TV 010.4307.5303 CHARTER COMMUNICATIONS206 03/11/2022 293166 193.93 (2) HERBICIDE 010.4420.5274 CHERRY LANE NURSERY(DBA)207 03/11/2022 293166 387.86 (4) HERBICIDE 010.4420.5274 CHERRY LANE NURSERY(DBA)208 03/11/2022 293167 300.00 01/22 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF209 03/11/2022 293167 300.00 12/21 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF210 03/11/2022 293167 285.00 03/22 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF211 03/11/2022 293168 509.00 GREEN WASTE DUMP-8 LOADS 220.4303.5307 COLD CANYON LANDFILL, INC212 03/11/2022 293169 148.70 EGG HUNT POSTERS 010.4424.5252 CRISP IMAGING213 03/11/2022 293169 14.03 RES#4 PLANS/SPECS 640.5948.7301 CRISP IMAGING214 03/11/2022 293170 150.00 DRE FIELD CERTIFICATION-POST PER DIEM 010.4204.5501 STEPHEN DOHERTY215 03/11/2022 293171 420.00 CASTILLO DEL MAR ROADWAY EXTENSION 350.5678.7301 EIKHOF DESIGN GROUP216 03/11/2022 293171 1,445.00 OAK PARK / EL CAMINO REAL STORM DRAIN SYSTEM 350.5795.7501 EIKHOF DESIGN GROUP217 03/11/2022 293172 2,593.31 RES#3 ELECTRICAL REPAIRS 640.4712.5609 ELECTRICRAFT INC218 03/11/2022 293173 250.00 INVEST. INTERVIEW & INTERROGATE POST PER DIEM 010.4204.5501 ELI ESPARZA219 03/11/2022 293174 140,219.52 2021 STREET REPAIRS PROJECT 350.5638.7001 FERRAVANTI GRADING & PAVING220 03/11/2022 293175 80.00 PD-4607 TIRES MOUNT, BALANCE 010.4203.5601 FIGUEROA'S TIRES221 03/11/2022 293175 80.00 PD-4604 TIRES MOUNT, BALANCE 010.4203.5601 FIGUEROA'S TIRES222 03/11/2022 293176 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 MICHAEL GALLOWAY223 03/11/2022 293177 18,718.75 DESIGN PEDESTRIAN CROSSING IMPROVEMENTS 350.5607.7501 GHD INC224 03/11/2022 293178 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 RACHAEL GINEVRA225 03/11/2022 293179 9,947.18 PREPARE 2021 ANNUAL REPORT 640.4710.5303 GSI WATER SOLUTIONS226 03/11/2022 293180 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 NICOLE HERNANDEZ227 03/11/2022 293181 1,943.32 FIRE HYDRANT COUPLINGS & BURYS 640.4712.5610 ICONIX WATERWORKS (US) INC228 03/11/2022 293182 566.25 BUILDING DIVISION SERVICES-ADDITIONAL AMOUNT 010.4212.5303 INTERWEST CONSULTING GROUP229 03/11/2022 293182 308.75 BUILDING DIVISION SERVICES-ADDITIONAL AMOUNT 010.4212.5303 INTERWEST CONSULTING GROUP230 03/11/2022 293183 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 JENIFER IREY231 03/11/2022 293184 117.49 FUEL-PD-4620 & 4621 010.4203.5608 JB DEWAR, INC232 03/11/2022 293185 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 SAMANTHA LE233 03/11/2022 293186 50.00 PARK DEPOSIT REFUND-ELM ST PARK 010.0000.2206 JIMMY LIBBY234 03/11/2022 293187 200.00 WASHING MACHINE REBATE 226.4306.5554 ANTHONY LUIS235 03/11/2022 293188 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 CODY MELLO236 03/11/2022 293189 176.71 (2) CU YDS WOODCHIPS, WEED FABRIC 010.4420.5605 MIER BROS LANDSCAPE PRODUCTS237 03/11/2022 293189 201.49 (2) CU YDS WOODCHIPS, WEED FABRIC 010.4420.5605 MIER BROS LANDSCAPE PRODUCTS238 03/11/2022 293189 129.30 1/4 YD CONCRETE-1037 HUASNA 640.4712.5610 MIER BROS LANDSCAPE PRODUCTS239 03/11/2022 293189 269.38 1 YD CONCRETE -SIDEWALK 1037 HUASNA 640.4712.5610 MIER BROS LANDSCAPE PRODUCTS240 03/11/2022 293189 188.56 1/2 YD CONCRETE-TALLY HO 640.5946.7001 MIER BROS LANDSCAPE PRODUCTSPage 16 of 340 CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name241 03/11/2022 293190 $ 245.41 FLEET STOCK-ROTOR ASSMBLY (2) 010.4203.5601 MULLAHEY FORD242 03/11/2022 293190 15.99 PD-4623 FUEL CAP 010.4204.5601 MULLAHEY FORD243 03/11/2022 293191 85.52 (6) 10" BLADES, LINE, FUEL 010.4430.5603 NOBLE SAW, INC244 03/11/2022 293192 57.05 MAINT AGREEMENT-COPIER 010.4204.5602 OFFICE1245 03/11/2022 293193 20.00 UNIFORM CLEANING-PD ADMIN 010.4201.5303 PARAMOUNT CLEANERS246 03/11/2022 293193 310.50 UNIFORM CLEANING-PATROL SERVICES 010.4203.5303 PARAMOUNT CLEANERS247 03/11/2022 293193 50.50 UNIFORM CLEANING- PD SUPPORT SERVICES 010.4204.5303 PARAMOUNT CLEANERS248 03/11/2022 293194 50.00 PARK DEPOSIT REFUND-HERITAGE SQUARE 010.0000.2206 KELLY PARSONS249 03/11/2022 293195 3,176.25 ATERIALS TESTING FOR 2021 STREET REPAIR 350.5638.7401 PAVEMENT ENGINEERING INC250 03/11/2022 293196 119.95 03/22 WIFI SERVICE HUBNER SITE 010.4201.5403 PEAKWIFI LLC251 03/11/2022 293197 60.00 REFUND-ROLLER SKATING 010.0000.4605 ERIC PETERSON252 03/11/2022 293198 216.91 01/22 PARKING CITATION PROCESS 010.4204.5303 PHOENIX GROUP253 03/11/2022 293199 1,683.08 QUINCY SWINGING BRIDGE CO 350.5620.7501 QUINCY ENGINEERING INC254 03/11/2022 293200 484.37 03/22 GRACE LN LANDSCAPE MAINT 216.4460.5304 RAINSCAPE255 03/11/2022 293200 1,201.41 03/22 PARKSIDE LANDSCAPE MAINT 219.4460.5304 RAINSCAPE256 03/11/2022 293201 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 DANIELLE ROSS257 03/11/2022 293202 1,715.95 ANNUAL SOFTWARE SUPPORT-METER 640.4710.5303 SENSUS METERING SYSTEMS INC258 03/11/2022 293203 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KIMBERLY SHRODE259 03/11/2022 293204 343.00 SIGN PERMIT REFUND ASP22-001 010.0000.4161 SIGN FACTORY260 03/11/2022 293205 151.28 SEAMING TAPE, TILE ROOFING, BOND 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC261 03/11/2022 293205 (151.28) CREDIT RETURN-SEAMING TAPE, TILE 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC262 03/11/2022 293205 70.66 SEAMING TAPE, BOND 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC263 03/11/2022 293206 360.00 01/22 PARKING CITATION REV DIS 010.0000.4203 SLO COUNTY AUDITOR-CONTROLLER264 03/11/2022 293207 188.11 GAS SERVICES-111 S MASON 010.4145.5401 SOCALGAS265 03/11/2022 293208 3,139.00 MS WINDOWS SERVER DATA CENTER 010.4140.5607 SOFTWAREONE, INC266 03/11/2022 293208 7,980.00 MS OFFICE PRO PLUS 010.4140.5607 SOFTWAREONE, INC267 03/11/2022 293208 126.17 MS EXCHANGE SERVER STANDARD 010.4140.5607 SOFTWAREONE, INC268 03/11/2022 293208 817.44 MS SQL USER CAL 010.4140.5607 SOFTWAREONE, INC269 03/11/2022 293208 292.82 MS SQL SERVER STANDARD 010.4140.5607 SOFTWAREONE, INC270 03/11/2022 293208 1,995.00 MS OFFICE PRO PLUS (FCFA) 010.0000.1111 SOFTWAREONE, INC271 03/11/2022 293208 878.92 MS WINDOWS SERVER DATA CENTER 010.0000.1111 SOFTWAREONE, INC272 03/11/2022 293208 204.36 MS SQL USER CAL (FCFA) 010.0000.1111 SOFTWAREONE, INC273 03/11/2022 293209 4,790.99 2021 PW ROLLOFFS LESS FRANCHISE FEE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC274 03/11/2022 293210 148.32 DUMPSTERS - RANCHO GRANDE PARK 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC275 03/11/2022 293210 227.84 DUMPSTERS -140 TRAFFIC WAY 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC276 03/11/2022 293210 148.32 DUMPSTERS -STROTHER 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC277 03/11/2022 293210 116.59 DUMPSTERS -PD 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC278 03/11/2022 293210 91.22 DUMPSTERS -CITY HALL 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC279 03/11/2022 293211 279.00 REFUND-BLD22-000090 553 MAY ST 010.0000.4183 SUNRUN INSTALLATION SERVICES280 03/11/2022 293212 102.11 UNIFORMS-ESPARZA 010.4203.5272 TEMPLETON UNIFORMSPage 17 of 340 CITY OF ARROYO GRANDECHECK LISTINGMARCH 1 - MARCH 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name281 03/11/2022 293212 $ 107.37 UNIFORMS-CORRAL 010.4203.5272 TEMPLETON UNIFORMS282 03/11/2022 293212 437.07 UNIFORMS-BURNS 010.4203.5272 TEMPLETON UNIFORMS283 03/11/2022 293213 484.24 (3) RED FAST DRY PAINT 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS284 03/11/2022 293214 247.83 TONER 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)285 03/11/2022 293215 6,750.00 STREET SWEEPING SERVICES 220.4303.5303 VENCO POWER SWEEPING INC286 03/11/2022 293215 2,250.00 STREET SWEEPING SERVICES 010.4307.5303 VENCO POWER SWEEPING INC287 03/11/2022 293216 2,131.20 PD CELL PHONES, + 2 IPADS 010.4201.5403 VERIZON WIRELESS288 03/11/2022 293217 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 AMY WELLMAN289 03/11/2022 293218 519.21 COPY MACH LEASE PYMT 010.4201.5803 WELLS FARGO VENDOR FINANCIAL290 03/11/2022 293219 942.86 STREETS-MISC CONCRETE TOOLS 220.4303.5273 WHITE CAP CONST. SUPPLY291 03/11/2022 293220 233.00 SIGN PERMIT REFUND ASP17-00000 010.0000.4161 DAVE WHITHAM292 03/11/2022 293221 42,240.23 FEDERAL WITHHOLDING 011.0000.2104 CITY OF ARROYO GRANDE293 03/11/2022 293221 50,180.74 SOCIAL SECURITY 011.0000.2105 CITY OF ARROYO GRANDE294 03/11/2022 293221 12,368.58 MEDICARE 011.0000.2105 CITY OF ARROYO GRANDE295 03/11/2022 293222 17,056.09 STATE PIT W/H 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT296 03/11/2022 293222 2,099.12 STATE SDI CONTRIBUTION 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT297 03/11/2022 293223 150.46 CHILD SUPPORT-PAYDATE 03/11/22 011.0000.2114 CA STATE DISBURSEMENT UNIT298 03/11/2022 293223 133.38 CHILD SUPPORT-PAYDATE 03/11/22 011.0000.2114 CA STATE DISBURSEMENT UNIT299 03/11/2022 293223 154.15 CHILD SUPPORT-PAYDATE 03/11/22 011.0000.2114 CA STATE DISBURSEMENT UNIT300 03/11/2022 293223 298.84 CHILD SUPPORT-PAYDATE 03/11/22 011.0000.2114 CA STATE DISBURSEMENT UNIT301 03/11/2022 293223 16.15 CHILD SUPPORT-PAYDATE 03/11/22 011.0000.2114 CA STATE DISBURSEMENT UNIT302 03/11/2022 293224 3,958.12 EE DEFERRED COMP % 011.0000.2117 ICMA RETIREMENT CORP303 03/11/2022 293224 10,919.06 EE DEFERRED COMP FLAT 011.0000.2117 ICMA RETIREMENT CORP304 03/11/2022 293224 866.66 ER DEFERRED COMP FLAT 011.0000.2117 ICMA RETIREMENT CORP305 03/11/2022 293224 275.00 EE ROTH CONTRIBUTION 011.0000.2117 ICMA RETIREMENT CORP306 03/11/2022 293225 8,201.15 MISC TIER I PPE 03/03/22 011.0000.2106 PERS - RETIREMENT307 03/11/2022 293225 20,969.71 FIRE TIER I PPE 03/03/22 011.0000.2106 PERS - RETIREMENT308 03/11/2022 293225 11,728.03 POLICE TIER I PPE 03/03/22 011.0000.2106 PERS - RETIREMENT309 03/11/2022 293225 6,967.56 FIRE PEPRA PPE 03/03/22 011.0000.2106 PERS - RETIREMENT310 03/11/2022 293225 10,803.76 POLICE PEPRA PPE 03/03/22 011.0000.2106 PERS - RETIREMENT311 03/11/2022 293225 12,169.03 MISC PEPRA PPE 03/03/22 011.0000.2106 PERS - RETIREMENT312 03/11/2022 293225 3,955.20 MISC TIER II PPE 03/03/22 011.0000.2106 PERS - RETIREMENT313 03/11/2022 293225 6,165.08 POLICE TIER II PPE 03/03/22 011.0000.2106 PERS - RETIREMENT314 03/11/2022 293226 1,289.41 EE PARS CONTRIBUTION PAYDATE 03/11/22 011.0000.2107 US BANK OF CALIFORNIA315 03/11/2022 293226 322.38 ER PARS CONTRIBUTION PAYDATE 03/11/22 011.0000.2107 US BANK OF CALIFORNIA $ 993,977.20 Page 18 of 340 ATTACHMENT 2 . General Fund 350,170.85 5101 Salaries Full time 201,375.61 Streets Fund 15,124.91 5101 Volunteer Employee Retirement - American Rescue Plan Act 1,464.43 5102 Salaries Part-Time - PPT 5,558.23 Sewer Fund 7,698.86 5103 Salaries Part-Time - TPT 14,668.39 Water Fund 19,215.58 5105 Salaries OverTime 18,461.38 393,674.63 5106 Salaries Strike Team OT - 5107 Salaries Standby 1,755.80 5108 Holiday Pay 23,646.02 5109 Sick Pay 4,474.07 5110 Annual Leave Buyback - Administrative Services - 5111 Vacation Buyback - Information Services - 5112 Sick Leave Buyback - Community Development - 5113 Vacation Pay 5,897.82 Police 18,122.32 5114 Comp Pay 2,973.77 Public Works - Maintenance - 5115 Annual Leave Pay 5,476.45 Public Works - Enterprise 339.06 5116 Salaries - Police FTO - Recreation - Administration - 5121 PERS Retirement 29,994.47 Recreation - Special Events - 5122 Social Security 20,796.90 Children In Motion - 5123 PARS Retirement 322.38 18,461.38 5126 State Disability Ins. 955.27 5127 Deferred Compensation 741.66 5131 Health Insurance 48,432.30 5132 Dental Insurance 2,985.16 5133 Vision Insurance 778.66 5134 Life Insurance 371.43 5135 Long Term Disability 753.75 5137 Leave Payouts 1,186.10 5142 Unemployment Insurance - 5143 Uniform Allowance - 5144 Car Allowance 837.50 5149 Motor Pay 84.01 5150 Bi-Lingual Pay 150.00 5151 Cell Phone Allowance 997.50 393,674.63 OVERTIME BY DEPARTMENT: Total FCFA payroll cost for this period is $187,004.40. 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 02/18/2022 - 03/03/2022 3/11/2022 BY FUND BY ACCOUNT Page 19 of 340 Item 8.b. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager SUBJECT: Consideration of Statement of Investment Deposits DATE: April 12, 2022 SUMMARY OF ACTION: Presentation of the City’s investment deposits as of February 28, 2022. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no funding impact to the City related to these reports. However, the City does receive interest revenue based on the interest rate of the investments. No or minimal future staff time is projected. RECOMMENDATION: Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of February 28, 2022, as required by Government Code Section 53646(b). BACKGROUND: The Administrative Services department has historically submitted to the City Council a monthly report, providing the following information: 1. Type of investment. 2. Financial institution (bank, savings and loan, broker, etc). 3. Date of maturity. 4. Principal amount. 5. Rate of interest. 6. Current market value for all securities having a maturity of more than 12 months. 7. Relationship of the monthly report to the annual statement of investment policy. Page 20 of 340 Item 8.b. City Council Consideration of Statement of Investment Deposits April 12, 2022 Page 2 ANALYSIS OF ISSUES: This report represents the City’s investments as of February 28, 2022. It includes all investments managed by the City, the investment institution, investment type, book value, maturity date, and rate of interest. As of February 28, 2022, the investment portfolio was in compliance with all State laws and the City’s investment policy. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Recommended Alternative - Approve staff’s recommendation to receive and file the attached report listing the investment deposits; 2. Do not approve staff’s recommendation; or 3. Provide other direction to staff. ADVANTAGES: Safety of principal is the foremost objective of the City. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. DISADVANTAGES: Some level of risk is present in any investment transaction. Losses could be incurred due to market price changes, technical cash flow complications such as the need to withdraw a non-negotiable Time Certificate of Deposit early, or even the default of an issuer. To minimize such risks, diversifications of the investment portfolio by institution and by investment instruments are being used as much as is practical and prudent. ENVIRONMENTAL REVIEW: 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. Portfolio Summary: February 28, 2022 Page 21 of 340 ATTACHMENT 1City of Arroyo Grande300 E. Branch St.Arroyo Grande, CA 93420Phone: (805) 473-5400CITY OF ARROYO GRANDEPortfolio ManagementPortfolio SummaryFebruary 28, 2022Investments Principal ValueCurrent Market Value Interest Rate Date of PurchaseTerm Maturity Date% of PortfolioLocal Agency Investment Fund9,092,511.47$ 9,087,279.97$ 0.278%40.349%Certificates of DepositPacific Premier Bank 249,000.00 249,000.00 0.200% February 21, 2022 12 mos February 21, 2023 1.105%Texas Exchange Bank 248,000.00 248,000.00 1.000% March 25, 2020 24 mos March 25, 2022 1.101%CIT Bank NA 248,000.00 248,000.00 1.050% March 28, 2020 24 mos March 28, 2022 1.101%Firstbank Puerto Rico 249,000.00 249,000.00 1.700% October 25, 2019 30 mos April 25, 2022 1.105%Ally Bank 247,000.00 247,000.00 2.150% July 22, 2019 36 mos July 22, 2022 1.096%TIAA FSB Jacksonville247,000.00 247,000.00 2.100% July 12, 2019 36 mos July 12, 2022 1.096%Sallie Mae Bank/Salt Lake 247,000.00 247,000.00 1.900% October 3, 2019 36 mos October 3, 2022 1.096%Eaglebank Bethesda Maryland 249,000.00 249,000.00 1.850% October 4, 2019 36 mos October 4, 2022 1.105%Goldman Sachs Bank USA 247,000.00 247,000.00 1.850% October 24, 2019 36 mos October 24, 2022 1.096%1st Security Bank Washington 249,000.00 249,000.00 1.700% October 4, 2019 42 mos April 4, 2023 1.105%Morgan Stanley Private Bank 247,000.00 247,000.00 2.250% July 11, 2019 45 mos July 11, 2023 1.096%Merrick Bank 249,000.00 249,000.00 1.800% October 16, 2019 48 mos October 16, 2023 1.105%BMW Bank North America 249,000.00 249,000.00 0.500% July 16, 2021 36 mos July 16, 2024 1.105%Enerbank USA 247,000.00 247,000.00 1.850% October 25, 2019 60 mos October 25, 2024 1.096%Flagstar Bank 245,000.00 245,000.00 0.850% May 15, 2020 60 mos May 15, 2025 1.087%New York Community Bank 249,000.00 249,000.00 0.550% July 1, 2021 48 mos July 1, 2025 1.105%UBS Bank USA 249,000.00 249,000.00 0.900% July 21, 2021 60 mos July 21, 2026 1.105%Toyota Financial Savings Bank 248,000.00 248,000.00 0.950% July 22, 2021 60 mos July 22, 2026 1.101%Bank United NA 249,000.00 249,000.00 1.350% December 8, 2021 60 mos December 8, 2026 1.105%Capital One Bank USA 248,000.00 248,000.00 1.250% December 8, 2021 60 mos December 8, 2026 1.101%Total Certificates of Deposit4,960,000.00 4,960,000.00 22.011%Agency BondsFederal Farm Credit Bank 2,500,000.00 2,501,440.00 1.600% November 1, 2019 48 mos November 1, 2023 11.094%Federal Farm Credit Bank 1,999,314.00 1,942,660.00 0.350% December 4, 2020 42 mos May 16, 2024 8.872%Federal Farm Credit Bank 998,431.00 959,771.00 0.430% March 17, 2021 48 mos March 3, 2025 4.431%Federal Natl Mortgage Assn 1,000,000.00 951,585.00 0.500% October 20, 2020 60 mos October 20, 2025 4.438%Federal Home Loan Bank 999,500.00 950,840.00 0.800% March 17, 2021 60 mos March 10, 2026 4.435%Total Agency Bonds7,497,245.00 7,306,296.00 33.270%Treasury ObligationsU.S. Treasury Z-2026 Series 984,728.00 964,728.00 1.100% December 6, 2021 53 mos May 31, 2026 4.370%Total Agency Bonds984,728.00 964,728.00 4.370%TOTAL INVESTMENTS22,534,484.47$ 22,318,303.97$ 100.000%Page 22 of 340 Item 8.c. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director SUBJECT: Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports DATE: April 12, 2022 SUMMARY OF ACTION: Receive and file the Annual Comprehensive Financial Report (ACFR), Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports for the fiscal year ended June 30, 2021. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Preparation of the City’s financial reports requires approximately 250 hours per year of personnel resources and auditing services cost approximately $28,000 annually. RECOMMENDATION: Receive and file the Annual Comprehensive Financial Report (ACFR), Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports for the fiscal year ended June 30, 2021. BACKGROUND: State law requires that every general-purpose local government publish an annual report on its financial position and activity, and that the report be audited by an independent firm of certified public accountants. The goal of the independent audit is to provide a reasonable assurance that the City’s financial statements are free of material misstatements. In addition, the audit is responsible for providing an independent review of the City’s internal financial controls. The City’s financial statements, internal documents, and financial controls have been audited by the certified public accountant firm of Moss, Levy & Hartzheim, LLP for the fiscal year ending June 30, 2021. The Single Audit is an organization-wide audit of a non-federal entity that expends $750,000 or more in federally-awarded funds in one year. In fiscal year ended June 30, 2020, the City expended $1.4 million in federal funds. During the fiscal year ended June 30, 2021, the City expended $6.3 million in federal funds. As a result, the City has Page 23 of 340 Item 8.c. City Council Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports April 12, 2022 Page 2 completed a Single Audit for the fiscal year ending June 30, 2021, which is included with this report. The Transportation Development Act (TDA) provides a state funding source for use by local jurisdictions at the county level to improve existing public transportation and to encourage regional public transportation coordination. It also provides some f unding for bicycle and pedestrian projects and, when certain conditi ons are met, streets and roads. The main purpose and priority of TDA, however, is to provide funding for public transportation. The Local Transportation Fund (LTF) is a local fund into whi ch the State deposits sales tax revenue to be used for transportation purposes defined by TDA. The State Department of Tax and Fee Administration, based on sales tax collected in each county, returns the general sales tax revenues to each county’s LTF. The City has completed the TDA Audit report every year and posts the reports on the City’s website. Though not formally presented to the City Council in some prior years, this audit report contains the results of the TDA audit for Council’s information and review. ANALYSIS OF ISSUES: Annual Comprehensive Financial Report Generally accepted accounting principles (GAAP) provide the criteria for judging whether a financial report is presented fairly. In defining the minimum standard of acceptable basic financial reporting for state and local governments, GAAP mandate s a complete set of basic financial statements, including accompanying note disclosures, as well as the presentation of certain required supplementary information. GAAP encourages government agencies to present this information within the Annual Comprehensive Financial Report (ACFR). The ACFR provides a more detailed financial report beyond the basic financial statements. The ACFR is made up of three sections: • The introductory section: provides general information on the City which includes the letter of transmittal, list of principal officials, and organizational chart. • The financial section: provides the overall financial information of the City which includes the report of the independent auditor, management’s discussion and analysis (a narrative of the City finances), the basic financial statements, required supplementary information and other supplementary schedules and statements. • The statistical section: provides a broad range of operational, economic, and historical data that provides a context for assessing the City’s economic condition. This section provides information about the City’s general financial trends, revenue capacity, debt capacity, economic and demographi c trends, and operating information. Page 24 of 340 Item 8.c. City Council Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports April 12, 2022 Page 3 The City’s external auditors at Moss, Levy & Hartzheim, LLP conducted testing of the City’s internal financial controls in June 2021 and October 2021. The testing included reviewing the City’s procedures for receiving and disbursing cash, the accounting methodology used to record transactions, the separation of duties to avert collusion, and the City’s asset securities. As a result of this testing, there were no internal control issues/events noted by the auditors. An audit was also conducted on the net position of the City for the financial period ending June 30, 2021. Documentation in support of the assets, liabilities, and fund balance of all the funds in the City were examined and verified. This process assures an impartial review and substantiation of the City’s net position. The result of this review is documented in the City’s ACFR. The City’s ACFR is in compliance with newly effective Government Accounting Standards Board (GASB) pronouncements, as detailed in the Notes to the Financial Statements. Auditors may issue three different types of opinions at the conclusion of an audit; an unmodified, modified, or adverse opinion. An unmodified opinion assures the reader that the information presented in the ACFR fairly represents the financial position of the City. A modified opinion states that the information is fairly presented except for a particular issue. An adverse opinion indicates that the agency has major accounting and/or internal control issues and no reliance may be placed on the financial statements. The Administrative Services Department staff is proud to report that for the fiscal year ended June 30, 2021, the City of Arroyo Grande received an unmodified opinion, reflecting that the information presented in the ACFR fairly represents the financial position of the City. As presented in the ACFR, the City’s combined net position at June 30, 2021 increased by $8.2 million or 9.31% from $87.8 million to $95.9 million. This overall increase is due to an increase in governmental activities. The increase in governmental activities is largely due to additional Federal Highway Bridge Replacement and Rehabilitation Program funding specific to the Bridge Street Bridge project and its assoc iated construction in progress. Page 25 of 340 Item 8.c. City Council Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports April 12, 2022 Page 4 Net position of all funds reflects all the assets and liabilities of the City. It includes the City’s investment in capital assets such as parks, bridges , and roads as well as the liabilities or obligations to pay vendors, employees, and debt service payments. The net position is the mathematical difference between assets and liabilities, but it does not necessarily reflect the economic health of an organization. In the City’s case, about 84% of the total net position reflects capital assets. While these assets are important, they cannot be used to fund the day-to-day operations of the City and, therefore, may not be the most useful measure of the City’s liquidity. For financial reporting purposes, the half percent Local Sales Tax revenue approved by voters in 2006 and Other Post-Employee Benefits funds (OPEB) are combined with the General Fund in the ACFR. However, the City’s quarterly and year-end reporting is based on the General Fund exclusively and does not include the Local Sales Tax or OPEB funds. The combined funds, as shown in the table on the following page, reports total revenues of $24.2 million and expenditures of $19.9 million. As a result, there was an overall increase to the fund balance of $3,186,306 during the 2020-21 fiscal year. Page 26 of 340 Item 8.c. City Council Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports April 12, 2022 Page 5 The ACFR reports a General Fund total fund balance of $13.6 million. However, a small amount of the fund balance is considered non-spendable because it is held as inventory ($34,370). Additionally, $3 million is designated for completing capital projects or meeting other commitments in the future, including post-employment benefits. This leaves an unassigned balance of $7.9 million in the General Fund and $2.7 million in the Local Sales Tax fund. Of the $7.9 million in unassigned General Fund, Council assigned $1.75 million at the July 27, 2021, meeting for additional 2021 Street Repairs project utilization. The City’s Fiscal Policy establishes the maintenance of a fund balance reserve goal of 20% of expenditures with a minimum of 15% in the General Fund. At the conclusion of Fiscal Year 2020-21, the reserve, based on available General Funds, was 48% and exceeded the City’s reserve goal. Single Audit The City’s independent auditor, Moss, Levy & Hartzheim, LLP, completed the Single Audit of federal awards for fiscal year ended June 30, 202 1. The auditors opined that the City complied, in all material respects, with requirements that could have a direct and material effect on each of its major federal programs f or the fiscal year ended June 30, 2021. There was one finding issued related to bank reconciliations being performed in a timely manner. The City will implement bank reconciliation controls to ensure that bank/investment statements be fully reconciled on a monthly basis. The City provided the following list of federal funding expenditures as of June 30, 202 1: General Fund Local Sales Tax Fund OPEB Total Beginning Fund Balance 7/1/20 5,843,922$ 3,823,113$ 795,715$ 10,462,750$ Revenues 18,644,382 2,637,642 136,667 21,418,691$ Expenditures (16,533,124) (1,699,261) - (18,232,385)$ Net Change in Fund Balance 2,111,258$ 938,381$ 136,667$ 3,186,306$ Fund Balance: Nonspendable 34,370$ -$ -$ 34,370$ Assigned for capital projects - 2,059,601 - 2,059,601 Assigned for post employment benefits - - 914,777 914,777 Unassigned 7,938,416 2,701,892 - 10,640,308 Ending Fund Balance, 6/30/21 7,972,786$ 4,761,493$ 914,777$ 13,649,056$ Page 27 of 340 Item 8.c. City Council Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports April 12, 2022 Page 6 The City’s independent auditor, Moss, Levy & Hartzheim, LLP also completed the Audit Report for the Transportation Development Act Transportation Fund. The auditors opined that the City complied, in all material respects, with requirements that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2021. There were no findings issued or questioned costs. The Audit Report for the Transportation Development Act (TDA) Transportation Fund contained two reports. The California Code of Regulations, Title 21, sections 6661 and 6751, requires Local Transportation Fund and State Transit Assistance Fund recipients to submit a fiscal audit report to the State Controller’s Office annually. The first is for the Transportation Fund, which is a special revenue fund of the City. The Transportation Fund Audit reflected that the City’s allocations under Article 8, Section 99400(a) for the fiscal year ended June 30, 2021, was $432,961. The City’s allocations under Article 3, Section 99233.3 for the fiscal year ended June 30, 2021, was $13,198. The City's allocation of the TDA Funds are used to support the Streets program that maintains the all city streets, right-of-ways, and sidewalks. Audit Report for the Transportation Development Act Transportation Fund The third report is for the Local Transportation Fund, which is also a special revenue fund of the City. The Local Transportation Fund Audit reflected that the City’s allocations under Section 99400(c) for the fiscal year ended June 30, 2021, was $15,000. The City of Arroyo Grande entered into a joint-powers agreement with the Cities of Grover Beach, Pismo Beach, Atascadero, Morro Bay, El Paso De Robles, San Luis Obispo, and the County of San Luis Obispo for the purposes of forming a joint -powers agreement with full power and authority to own, operate and administer a countywide public transportation system. The City's allocation of the Local Transportation Fund is distributed by the County directly to the San Luis Obispo Regional Transit Authority and therefore, all of the accounting of this joint-powers agency is maintained by the San Luis Obispo Regional Trans it Authority. Project List Project Name Total Expenditures 350.5608 Bridge Street Rehab 5,516,865.65$ 350.5614 Bridge Street Habitat 154,343.12 350.5679 Traffic Way Bridge 289,217.56 250.4819 CDBG 168,801.56 010.4820 CoronaVirus Relief Fund (CARES Act)218,384.00 6,347,611.89$ City of Arroyo Grande List of Federal funding of expenditures As of June 30, 2021 Page 28 of 340 Item 8.c. City Council Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports April 12, 2022 Page 7 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: Receive and file the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports; Provide other direction to staff. ADVANTAGES: By receiving and filing these reports, the City will be accepting the auditors’ unqualified opinion. As mentioned above, an unqualified opinion assures the reader that the information presented in the reports fairly represents the financial position of the City. DISADVANTAGES: There are no disadvantages in relation to the recommended action. 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. Annual Comprehensive Financial Report and Independent Auditors’ Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 2. Single Audit 3. Transportation Development Act Transportation Fund Reports Page 29 of 340 ATTACHMENT 1 - ACFR FY 2020-21 Available as a link: http://www.arroyogrande.org/ArchiveCenter/ViewFile/Item/880 Attachments 1 - 3 ATTACHMENT 2 - Single Audit FY 2020-21 Available as a link: http://www.arroyogrande.org/ArchiveCenter/ViewFile/Item/886 ATTACHMENT 3 - TDA Report FY 2020-21 Available as a link: http://www.arroyogrande.org/ArchiveCenter/ViewFile/Item/885 Page 30 of 340 Item 8.d. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager BY: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Consideration of Cancellation of July 12, 2022 City Council Meeting DATE: April 12, 2022 SUMMARY OF ACTION: Cancellation of the July 12, 2022 City Council meeting. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is minimal cost savings due to reduced staff time associated with agenda and meeting preparation. RECOMMENDATION: Cancel the regularly scheduled Council meeting of July 12, 2022. BACKGROUND: On August 14, 2007, the City Council considered the concept of establishing a policy of designating a summer month for cancellation of Council meetings. The purpose was to designate a month that would be “dark” from Council meetings in the summer so the City Council and staff could coordinate their vacations during this period. Staff recommended the month of July because it was the only full month in which school is not in session and because it includes the July 4th holiday. ANALYSIS OF ISSUES: The City Council meets twice a month on the second and fourth Tuesdays. When the Council considered the policy of designating a summer month for cancellation, concerns were expressed regarding the impact on other meeting agendas and potential delays to important items. Therefore, it was suggested that one meeting be cancelled in July as a compromise. The City Council concurred and a policy was established to cancel the first meeting in July of each year. It is recommended that this policy be observed this year by cancelling the July 12th meeting. Page 31 of 340 Item 8.d. City Council Consideration of Cancellation of July 12, 2022 City Council Meeting April 12, 2022 Page 2 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Cancel the July 12, 2022 City Council Meeting; 2. Cancel the July 26, 2022 City Council Meeting; 3. Do not cancel any meetings in July 2022; 4. Direct staff to make changes to the current policy; or 5. Provide other direction to staff. ADVANTAGES: Cancelling the July 12, 2022 meeting provides the City Council and staff an opportunity to plan a vacation during the summer months without being absent from a meeting or being concerned about missing an item that is important for their vote or input. DISADVANTAGES: Cancellation of a regular meeting may result in heavier agendas at the prior and following meetings. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website i n accordance with Government Code Section 54954.2. Page 32 of 340 Item 8.e. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager BY: Sarah Lansburgh, Deputy City Clerk SUBJECT: Consideration of Appointments to the Arroyo Grande Tourism Business Improvement Advisory Board DATE: April 12, 2022 SUMMARY OF ACTION: Appointment of Sean Schuur and Myraline Morris Whitaker to the Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board consistent with the recommendation of the South County Chambers of Commerce (Chamber). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no financial or staffing impact from the recommended action. RECOMMENDATION: Appoint Sean Shuur and Myraline Morris Whitaker to the Arroyo Grande Tourism Business Improvement District Advisory Board. BACKGROUND: The AGTBID Advisory Board was formed in 2013 to provide revenue to defray the costs of services, activities and programs to market and promote lodging businesses in the City through the promotion of scenic, recreational, cultural and other attractions. The AGTBID Advisory Board is responsible for advising the City Council in the administration and use of the assessment funds and to support the efforts of the City’s consultants to promote tourism to directly benefit the City’s lodging industry. At its inception, the AGTBID Advisory Board consisted of three (3) members from the lodging industry. On February 13, 2018, the Council approved an amendment to the AGTBID Bylaws amending the AGTBID Board membership to a minimum of three (3) but not more than nine (9) members, 2/3rds of which shall be owners of lodging businesses within the AGTBID or others with knowledge of tourism and/or the lodging industry. Page 33 of 340 Item 8.e. City Council Consideration of Appointments to the Arroyo Grande Tourism Business Improvement Advisory Board April 12, 2022 Page 2 ANALYSIS OF ISSUES: There are currently three members on the AGTBID Advisory Board. Board Members Greg Steinberger and Vivian Krug both served on the Board since 2018 until their terms expired on February 13, 2022. In the event of a vacancy on the Advisory Board, applications may be submitted to the City Clerk’s office. The Clerk’s office forwards the applications to the South County Chambers of Commerce (SCCC) for consideration and possible recommendation for appointment by the City Council. Applications not recommended for appointment remain active for two years and possible consideration in the future. Sean Schuur has expressed interest in serving on the Board and has submitted an application. Mr. Schuur owns and operates a vacation rental in Arroyo Grande and is an active member of the community. Mr. Schuur owns Sure Mortgage Solutions in Arroyo Grande, and is a member of various community organizations serving Arroyo Grande and the South County region. Myraline Morris W hitaker has expressed interest in serving on the Board, and submitted an application. Ms. Whitaker has over 30 years of experience working in the hospitality industry, including owning a hospitality management company. She is also an active member of the community including being a board member of the California Lodging Association and the Pismo Beach Hospitality Association. Mr. Schuur and Ms. Whitaker’s applications were reviewed by the SCCC for consideration of possible appointment. Upon review completion, the SCCC submitted letters of recommendation for Mr. Schuur and Ms. Whitaker to be appointed to the AGTBID Advisory Board by the City Council. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Appoint Sean Schuur and Myraline Morris Whitaker to the AGTBID Advisory Board; 2. Do not appoint Sean Schuur and/or Myraline Morris Whitaker to the AGTBID Advisory Board and solicit other applicants; or 3. Provide other direction to staff. ADVANTAGES: The appointments will fill vacancies on the AGTBID Advisory Board. DISADVANTAGES: No disadvantages have been identified regarding this item. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Page 34 of 340 Item 8.e. City Council Consideration of Appointments to the Arroyo Grande Tourism Business Improvement Advisory Board April 12, 2022 Page 3 PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Application – S. Schuur 2. Application – M. Whitaker 3. Letter of Recommendation – S. Schuur 4. Letter of Recommendation – M. Whitaker Page 35 of 340 ATTACHMENT 1 Page 36 of 340 Page 37 of 340 RECEIVED CITY OF ARROYO GRANDE MAR 15 2022 "List of Citizens to Serve" 300 East Branch Street Arroyo Grande, CA 93420 CITY CLERK'S OFFICE CITY OF ARROYO GRANDE ... Application to Board, Committee, or Commission PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMITTEE/COMMISSION FOR WHICH YOU WOULD LIKE TO APPLY (You may maike more than one selection): _Planning Commission LTourism Business Improvement District Advisory Board _--_Downtown Parking-Advisory-Board _Architectural Review Committee _Special committees/ subcommittees ************************************************************************************ Date of Application_0_3/_0_9/_2_02_2 ____ _ Name Whitaker Last Home Address Myraline Morris First Home or Cell Phone Business Phone (805) 2[41, /~3 9::- E-mail address (Optional)_____________ _ Do you reside within the City limits of Arroyo Grande? Yes 00 Are you a registered voter? Yes 00 No D Occupation_H_o_te_li_er ___________________ _ Employer_R_e_ti_re_d ____________________ _ Education (Include professional or vocational licenses or certificates) California State University, Los Angeles BA Syracuse University, MA No □ Community involvement (List organization memberships and committee assignments) California Lodging Association, Board Member Pisry,o Beach Hospitality Association, Member Local Chamber of Commerces, Member Please describe any background, training, education or interests that qualify you as an appointee 30 plus years in the hospitality industry in California. First hospitality job was in a 5 Star 5 Diamond Hotel right after college. Managed Martin Resorts as the Chief Operating Officer from 2005-2008. Started my own Hospitality Management Company in 2009. Managed two hotels in Pismo Beach and one in Morro Bay. Sold the company in 2021. (Please attach additional pages if necessary) \ (PLEASE COMPLETE THE REVERSE SIDE OF THIS FORl\i1' ATTACHMENT 2 Page 38 of 340 What do you see as the objectives and goals of the advisory board, committee or commission for which you are applying? See attached Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE. Carol Kerwin Phone: Name: ______________ Address:______ . · Preston Allen . Ph Name: _________ __,Address: one: Kendra Paulding Phone: Name: _________ __,Address: _ ______ . Current meeting schedules are indicated below: Planning Commission, l st and 3rd Tuesday of each month, 6:00 p.m. Downtown Parking Advisory Board, meets as needed Architectural Review Committee, l st Monday at 2:30 p.m. and 3rd Monday at 2:30 p.m. each month Tourism Business Improvement District (TBID) Advisory Board, last Monday of each month, 3:30 p.m. Are you willing to commit to the time necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes 00 No D I hereby declare that the foregoing information is true and complete to the best of my knowledge and /~Date Notice to Applicants: 1. Applicants appointed by the City Council are required to take an Oath of Office. 2. State law and the City's Conflict of Interest Code requires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office (e.g. sources of income, loans, gifts, investments, interests in real property within the City). 3. This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California Public Records Act. 4. Applications will remain active and on file for one (1) year. Please return cpmpleted Application to: CITY CLERK'S OFFICE · 300 East Branch Street Arroyo Grande CA 93420 Page 39 of 340 Goals should be three fold. 1. Convince Arroyo Grande business owners that Tourism is good for them. Too often residents complain about the "tourist season". I once saw a bumper sticker here, saying, "If it's tourist season, why can't we shoot them?" Our residents should understand the true value of Tourism. The Transient Occupancy Tax (TOT) monies collected from hotel visitors mean a great deal to a community such as Arroyo Grande. Without those "pesky tourists", the general cost of living in Arroyo Grande would be higher. In most communities, TOT funds go towards improving and/or building infrastructure for the city. Also, some TOT funds should be spent on further marketing Arroyo Grande as an important tourist destination. 2. Stimulate Arroyo Grande as a specific tourist destination within San Luis Obispo County. Market attractions the city has to offer, such as wineries, shopping in the charming Historic Village, and the array of productions at the Clark Center. Have docents host walking tours of the Village and speak of its colorful history. Some years ago, as I was speaking at an An-oyo Grande City Council meeting, I made the mistake of referring to it as a "city". I was immediately corrected by the then Mayor who said, "Arroyo Grande is not a city, it is a charming historic · village". If so, fine, then let's market a story of the Charming Historic Village. 3. Determine why guests are staying al their specific Arroyo --------- Grande hotels, access to wine country, beach, couples' retreats, family vacation, business. Build programs around what the guests most wish to do and see in Arroyo Grande. All hotels should have collateral material containing information for all these options. Make sure the Arroyo Grande collateral material at the California Welcome Center is current, and is visited by staff regularly. We don't wish to be the "Out of Sight, Out of Mind" destination. Page 40 of 340 March 16, 2022 To the City Council of Arroyo Grande , I recommend Sean Schuur, an airbnb operator and business owner in Arroyo Grande, as a candidate for the AGTBID Board of Directors . Sean owns an airbnb located at 214 N. Rena St. in Arroyo Grande. He is also the owner of Sure Mortgage Solutions in Arroyo Grande. Sean served as the Chair of the Board of Directors for South County Chambers of Commerce in recent years. He is very involved in the community through various organizations and was named Citizen of the Year for Arroyo Grande and Nipomo. In addition to his Arroyo Grande rental property, Sean also owns a vacation rental in Oceano and a hotel out of state. His knowledge of the tour ism industry—combined with his financial expertise—will be an asset to the Arroyo Grande Tourism Business Improvement District Board of Directors. Please do not hesitate to call me at (805) 489-1488 with any questions. Sincerely, Nicole Moore Interim CEO South County Chambers of Commerce ceo@southcountychambers.com ATTACHMENT 3 Page 41 of 340 March 16, 2022 To the City Council of Arroyo Grande , I recommend Myraline Morris, a resident of Arroyo Grande, as a candidate for the AGTBID Board of Directors. As a newly retired, local hotelier, she brings over 30 years of hospitality industry experience to this position. I have had the privilege to work for Myraline at SeaCrest Oceanfront Hotel for over 10 years and consider her a local tourism expert. She understands the value of tourism to Arroyo Grande and is passionate about helping local residents understand the positive impact tourism dollars contribute to our community. I am confident Myraline will be an asset to the Arroyo Grande Tourism Business Improvement Advisory Board. Please do not hesitate to call me at (805) 489-1488 with any questions. Sincerely, Nicole Moore Interim CEO South County Chambers of Commerce ceo@southcountychambers.com ATTACHMENT 4 Page 42 of 340 Item 8.f. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager BY: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Consideration of Rotational Schedule for the South County Chambers of Commerce Monthly Arroyo Grande Business Meeting DATE: April 12, 2022 SUMMARY OF ACTION: Approval of a Council rotational schedule for attendance at the South County Chambers of Commerce monthly Arroyo Grande Business Meeting. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no fiscal impact from this action. RECOMMENDATION: Consider and approve the list of City Council rotational assignments for attending the South County Chambers of Commerce monthly Arroyo Grande Business Meeting. BACKGROUND: The South County Chambers of Commerce (“Chamber”) is an organization that serves business members in Arroyo Grande, Avila Beach, Grover Beach, Nipomo, Oceano, and Pismo Beach. The Chamber offers its members the ability to make connections with other members, stay informed of local issues, and promote their businesses. The Chamber i s committed to developing and maintaining a vital and thriving economy through its efforts to promote the community, provide networking opportunities, represent the interests of business with government, and take action on behalf of businesses on various business- related issues. The Chamber oversees various member-driven committees and steering committees. Active committees include Ambassadors, Marketing and Beautification, Governmental Affairs, and Special Events. In addition, monthly Local Business Meetings are currently held for Arroyo Grande, Grover Beach, Pismo Beach, and Nipomo. The Arroyo Grande Business Meetings are being held on the 3rd Thursday of the month from 8:30 a.m. to 9:30 a.m. and are dark in November and December. Page 43 of 340 Item 8.f. City Council Consideration of Rotational Schedule for the South County Chambers of Commerce Monthly Arroyo Grande Business Meeting April 12, 2022 Page 2 ANALYSIS OF ISSUES: Council Member Storton currently serves as the Council appointed representative on the Chamber’s Governmental Affairs Committee. At the City Council’s March 22nd meeting, Council Member Storton referred to the Chamber’s Local Business Meetings that are held monthly for Arroyo Grande businesses. He noted that, while he is not assigned to at tend the Arroyo Grande Business Meeting, he and other Council members have tried to attend the monthly meetings, though there is no established Council attendance schedule. He suggested that a schedule be created through December 2022 to assign a Council Member to attend the monthly Arroyo Grande Business Meeting on a rotating basis. Mayor Pro Tem George concurred. Following Council comments, staff was directed to place this matter on a future agenda for consideration of a rotational schedule. Mayor Ray Russom and Council Member Barneich commented that they are not able to attend these meetings due to prior commitments at the same time. A rotational list between Mayor Pro Tem George, Council Member Paulding and Council Member Storton has been prepared (Attachment 1) and is presented to the Council for review and approval at this time. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve the list of City Council rotational assignments for attending the monthly South County Chambers of Commerce Arroyo Grande Local Business Meeting; 2. Modify and approve the list of City Council rotational assignments for attending the monthly South County Chambers of Commerce Arroyo Grande Local Business Meeting; or 3. Provide other direction to staff. ADVANTAGES: Approval of the rotational list will provide an opportunity for all members of the City Council to attend the Chamber’s monthly Arroyo Grande Local Business Meeting. DISADVANTAGES: No disadvantages are 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. Page 44 of 340 Item 8.f. City Council Consideration of Rotational Schedule for the South County Chambers of Commerce Monthly Arroyo Grande Business Meeting April 12, 2022 Page 3 Attachments: 1. Proposed Schedule of Council Rotation Assignments Page 45 of 340 ATTACHMENT 1 PROPOSED SCHEDULE OF COUNCIL ROTATIONAL ASSIGNMENTS SOUTH COUNTY CHAMBERS OF COMMERCE ARROYO GRANDE BUSINESS MEETING SCHEDULE Date Time Council Attendee April 21, 2022 8:30 a.m. – 9:30 a.m. Paulding May 19, 2022 8:30 a.m. – 9:30 a.m. George June 16, 2022 8:30 a.m. – 9:30 a.m. Storton July 21, 2022 8:30 a.m. – 9:30 a.m. Paulding August 18, 2022 8:30 a.m. – 9:30 a.m. George September 15, 2022 8:30 a.m. – 9:30 a.m. Storton October 20, 2022 8:30 a.m. – 9:30 a.m. Paulding November 2022 Dark N/A December 2022 Dark N/A Page 46 of 340 Item 8.g. MEMORANDUM TO: City Council FROM: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Consider Adoption of an Ordinance Adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code (AGMC) Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District DATE: April 12, 2022 SUMMARY OF ACTION: The Ordinance adds Chapter 2.21 to the Arroyo Grande Municipal Code (“AGMC”) to establish by-districts elections for four Council Members. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no financial impact from adopting the Ordinance. 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: Adopt 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 Good man on behalf of his client, Maria Minicucci, alleging that the City’s u se 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 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 Page 47 of 340 Item 8.g. City Council Consider Adoption of an Ordinance Adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code (AGMC) Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District April 12, 2022 Page 2 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 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. A fourth of four required public hearings was held on March 8, 2022, to discuss 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. Following discussion and hearing public input, a majority of the Council selected Plan 202 Mod and an election sequence as follows:  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 does not impact the ability of seated Council members to serve out the remainder of their existing terms of office. On March 22, 2022, Council held a fifth public hearing to receive input on the final map selection and election sequencing and introduced an ordinance establishing by-district elections for four Council members, defining district boundaries, and scheduling an election sequence. The proposed ordinance, Attachment 1, reflected the Council’s Page 48 of 340 Item 8.g. City Council Consider Adoption of an Ordinance Adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code (AGMC) Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District April 12, 2022 Page 3 direction on March 8, 2022 and adds Chapter 2.21, “Elections” to Title 2, Administration and Personnel, to the AGMC. ANALYSIS OF ISSUES: The Ordinance is now ready for adoption. The Ordinance will become effective thirty days after final passage. The Ordinance must be adopted by April 17, 2022, and district information forwarded to the County Clerk-Recorder by April 22, 2022. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Ordinance adding Chapter 2.21 to Title 2 of the Arroyo Gran de Municipal Code establishing by-district elections for four Council members, defining district boundaries, and scheduling the order of elections for each district; or 2. Provide other direction to staff. ADVANTAGES: Adopting the Ordinance will meet the map adoption deadline of April 17, 2022. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: Adoption of this Ordinance is exempt from environmental review as the adoption of this Ordinance does not qualify as a “project” pursuant to the California Environmental Quality Act, under Public Resource Code Section 21065 and CEQA Guidelines Section 15320, 15378, and 15061(b)(3), as there is no possibility that such action would cause either a direct, or reasonably foreseeable indirect, physical change in the environment. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. A Summary of the Ordinance was published in the Newspaper in accordance with Government Code Section 40806. Page 49 of 340 Item 8.g. City Council Consider Adoption of an Ordinance Adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code (AGMC) Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District April 12, 2022 Page 4 Attachments: 1. Proposed Ordinance 2. March 22, 2022 Staff Report 3. March 8, 2022 Staff Report 4. February 22, 2022 Staff Report 5. August 10, 2021 Staff Report 6. July 27, 2021 Staff Report Page 50 of 340 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 51 of 340 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 52 of 340 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 53 of 340 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 12th day of April, 2022. Page 54 of 340 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 55 of 340 ORDINANCE NO. PAGE 6 Page 56 of 340 ITEM 8.g.: Attachment 2 – March 22, 2022 Staff Report Attachment 2 is available as a link: https://pub- arroyogrande.escribemeetings.com/filestream.ashx? DocumentId=1810 Attachment 2 Page 57 of 340 ITEM 8.g.: 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 58 of 340 ITEM 8.g.: 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 59 of 340 ITEM 8.g.: 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 60 of 340 ITEM 8.g.: 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 61 of 340 1 Item 8.h. ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL March 22, 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, Assistant Planner Patrick Holub 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 took roll call. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Jim Gregory, I.O.O.F. Lodge 258, led the flag salute. 5. AGENDA REVIEW Mayor Ray Russom suggested that the Council hear the following items out of order after Item 8: Item 12 Council Reports, Item 13 Council Communications, followed by Items 9.a., 11.b. and then 11.a. The Council concurred. Page 62 of 340 2 Item 8.h. 5.a. Closed Session Announcements a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957: Title: City Manager City Attorney Carmel announced that there was no reportable action. 5.b. Ordinances read in title only Moved by Mayor Ray Russom Seconded by Mayor Pro Tem George 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 announced that the City has hired Christina Alvarez as the Community Services Specialist; provided information regarding the Strother Park Public Art Project Ribbon Cutting Ceremony, sports leagues returning to Soto Sports Complex, Recreation Services' Bunny Gram Program; 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 Declaring the Month of April 2022 as "Month of the Child" and “Child Abuse Prevention Month” Mayor Ray Russom read the Honorary Proclamation Declaring the Month of April 2022 as "Month of the Child" and "Child Abuse Prevention Month". Jaime Sanbonmatsu, accepted the proclamation. Mayor Ray Russom invited public comment. Speaking from the public was Lisa Fraser. No further public comments were received. No action was taken on this item. Page 63 of 340 3 Item 8.h. 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. Speaking from the public were Dale Anthem, Krista Jeffries, and Simone. No further 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. There were none. Mayor Ray Russom invited public comment. No public comments were received. Moved by Council Member Barneich Seconded by Council Member Storton Approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. City Attorney Carmel read the full title of the Ordinance in item 8.d. 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 16 through February 28, 2022. 8.b. Approval of Minutes Approved 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) 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 AND AUTHORIZING THE CONTINUANCE OF REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF ARROYO GRANDE PURSUANT GOVERNMENT CODE SECTION 54953(e)". 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 Adopted 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". Page 64 of 340 4 Item 8.h. 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 1) Received and filed the final report of the emergency storm drain system repairs project at 251 East Grand Avenue; and 2) Adopted a Resolution entitled: "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". 8.f. Monthly Water Supply and Demand Update Received and filed the monthly Water Supply and Demand Report. 9. PUBLIC HEARINGS The Council heard Item 12 next followed by Item 13. 9.a. 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 City Clerk Matson introduced the item and Daniel Phillips, Consultant with National Demographics Corporation, provided a presentation regarding the process for transitioning to District Elections. Mayor Ray Russom opened the public hearing. Speaking from the public was Jim Guthrie. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. Moved by Council Member Storton Seconded by Mayor Pro Tem George Introduce an Ordinance entitled: "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", and clarified the selection of Plan 202 Mod, with an election sequence of Districts 1 and 4 in November 2022 and Districts 2 and 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) 10. OLD BUSINESS None. Page 65 of 340 5 Item 8.h. 11. NEW BUSINESS The Council heard Item 11.b. next. Mayor Ray Russom called for a brief break at 8:55 p.m. The Council reconvened at 9:03 p.m. and returned to Item 11.a. 11.a. Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance City Attorney Carmel commented on the Fair Political Practices Commission's (FPPC) advice regarding the conflicts of interest for Mayor Ray Russom, Mayor Pro Tem George, Council Member Storton, and Council Member Barneich. City Clerk Matson explained the process for randomly drawing straws to determine which two of the conflicted Council members may hear the item. Mayor Ray Russom, Mayor Pro Tem George, and Council Members Barneich and Storton drew straws. Mayor Ray Russom and Council Member Storton drew the short straws and remained in the meeting to hear the item. Mayor Pro Tem George and Council Member Barneich left the meeting. Community Development Director Pedrotti introduced the item and Assistant Planner Holub provided a presentation and responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public were John Keen, and Jim Guthrie. City Clerk Matson read into the record written comments received from Krista Jeffries. No further public comments were received. Council discussion ensued regarding staff recommendations. At 10:52 p.m., Mayor Ray Russom stated that pursuant to Council policy, the Council must vote unanimously to continue the meeting past 11:00 p.m. Mayor Ray Russom moved to continue the meeting to 11:10 p.m. Council Member Paulding seconded the motion, and the motion passed unanimously by voice vote. Council directed staff to include a Short Term Rental buffer for homestays and vacation rentals; apply a cap of 120 vacation rentals; send the performance standards and parking standards sections of the Ordinance to Planning Commission for review; do not place approvals on a cancelled Planning Commission agenda; charge for mailing labels to notice neighbors; revoke permits if no Transient Occupancy Tax (TOT) is generated within a 12 month period; research a full service company to administer host compliance; add a section to the permit application where applicants can state they will provide contact information to neighbors each year; and create a process to notify the public regarding the number of current permits. Council also requested that staff bring back a discussion regarding administrative fines for violation of the Ordinance. No action was taken on this item. Page 66 of 340 6 Item 8.h. 11.b. Study Session for City Council to Provide Direction on a New Ordinance to Implement Senate Bill 9 Acting Planning Manager Perez presented the staff report. Acting Planning Manager Perez, Community Development Director Pedrotti and City Manager McDonald responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public was Rachel Mann, John Keen, and Jim Guthrie. City Clerk Matson read into the record written comments from Krista Jeffries. No further public comments were received. City Attorney Carmel and City Manager McDonald responded to questions from the public. Council expressed support for the proposed draft Ordinance and staff recommendations including the prohibition of short term rentals and requiring undergrounding of utilities. Council directed staff to provide clarification in Section D of the draft Ordinance regarding parking, to leave the height restriction for further discussion, and requested the addition of a disclaimer regarding abiding by individual CCRs. No action was taken on this item. 12. CITY COUNCIL REPORTS The City Council provided brief reports from the following committee, commission, board, or other subcommittee meetings that they attended as the City’s appointed representative. 12.a. MAYOR RAY RUSSOM: 1. California Joint Powers Insurance Authority (CJPIA) 2. South San Luis Obispo County Sanitation District (SSLOCSD) 3. Tourism Business Improvement District Advisory Board 4. Other 12.b. MAYOR PRO TEM GEORGE: 1. County Water Resources Advisory Committee (WRAC) 2. Visit SLO CAL Advisory Board 3. Other 12.c. COUNCIL MEMBER BARNEICH: 1. Audit Committee 2. Homeless Services Oversight Council (HSOC) 3. Zone 3 Water Advisory Board 4. Other Page 67 of 340 7 Item 8.h. 12.d. COUNCIL MEMBER STORTON: 1. Brisco/Halcyon Interchange Subcommittee 2. Five Cities Fire Authority (FCFA) 3. Integrated Waste Management Authority Board (IWMA) 4. South County Chambers of Commerce Governmental Affairs Committee 5. Other 12.e. COUNCIL MEMBER PAULDING: 1. Air Pollution Control District (APCD) 2. Brisco/Halcyon Interchange Subcommittee 3. Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT) 4. REACH SLO Advisory Commission 5. Other 13. COUNCIL COMMUNICATIONS Council Member Storton discussed having a rotational schedule for the Arroyo Grande Business Meetings hosted by the South County Chambers of Commerce. Mayor Pro Tem George and Council Member Paulding concurred and stated that they would like to be included in the rotation. 14. CLOSED SESSION None. 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 11:08 p.m. _________________________ Caren Ray Russom, Mayor ATTEST: _________________________ Jessica Matson, City Clerk Page 68 of 340 Item 8.i. MEMORANDUM TO: City Council FROM: Michael T. Martinez, Chief of Police Bill Robeson, Assistant City Manager/Public Works Director BY: Zak Ayala, Police Commander Raul Juarez, Fleet Maintenance Coordinator SUBJECT: Consideration to Declare Police and Public Works Surplus Property DATE: April 12, 2022 SUMMARY OF ACTION: Authorize the disposal or sale of vehicles from the Police Department fleet and vehicles and equipment from the Public Works Department. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Upon sale of the surplus vehicles and equipment, the City will realize an increase in General Fund revenue. Minimal staff time will be necessary to assist with processing the necessary documentation to sell the vehicles and equipment through a surplus auction house or other municipal organization. RECOMMENDATION: Adopt a Resolution declaring the vehicles and equipment as surplus and authorize their sale or disposal. BACKGROUND: Police Department Surplus Vehicles The City owns eight vehicles in the Police fleet that have outlived their usefulness. These include a pickup truck, a patrol canine (K9) SUV, a passenger car, a flatbed truck, and four Dodge Chargers. The pickup truck is a 2015 Dodge Ram 3500 primarily assigned as a utility vehicle. This is the only vehicle in the fleet that is tow-rated to pull the Department’s DUI trailer safely. This truck is not within the Department’s fleet leasing program and has been out of warranty for several years. The patrol K9 SUV is a 2017 Ford Explorer equipped and outfitted for use by a police canine. The vehicle does not have a traditional passenger compartment and is designed for the transportation and protection of a police service dog. Page 69 of 340 Item 8.i. City Council Consideration to Declare Police and Public Works Surplus Property April 12, 2022 Page 2 This vehicle cannot be utilized for patrol use in its current state due to features specific to the support of a police canine and the lack of a prisoner compartment. The Department does not have a police service dog and does not foresee re -implementing its canine program. The 2017 Ford Explorer is not within the Department’s fleet leasing program and is out of warranty. The Department would like to replace this canine patrol vehicle with a standard patrol vehicle in FY 2022-23. The passenger car is a 2005 Chevrolet Impala outfitted for use by the Police Volunteer program. The Chevrolet is not in the Department’s leasing program, is not covered by warranty, and is seeing increases in maintenance and logistical costs to remain operational due to its age. The four Dodge Chargers were replaced with Ford Explorers in FY 2021 -22. They are no longer under warranty and have increased maintenance needs. Lastly the 2001 Ford F -550 flatbed truck is no longer needed and is out of warranty. Public Works Surplus Vehicles and Equipment The City owns two pieces of equipment and seven vehicles in the Public Works fleet that have outlived their usefulness and are recommended for surplus. These include a tractor, a wood chipper, and seven service/pickup trucks. The wood chipper would require retrofitting to meet current emission standards, and at this time, it is more beneficial to rent a chipper as the need arises until a new chipper can be purchased as planned in FY 2022-23. The Kubota tractor was purchased in January of 2003 and has since been replaced with a new Kubota tractor purchased in June of 2019. The service truck (PW - 36) is a 1977 Ford F-350 assigned to the mechanic’s shop. This truck is difficult to start and has started leaking fluids. Although this truck has only 54,664 miles, it requires significant and costly repairs that are well above its value . The last set of (six) trucks recommended for surplus are a 1996 Ford F-250, originally purchased by the Streets Division, a 1996 Ford F-250, a 1997 Ford Ranger, three 2003 Ford F-150’s assigned to the Streets and Utilities Division, and a 2008 Dodge Dakota, formerly assigned to the Police Department and currently in Public Works. Each has various mechanical problems that make them unsafe to operate along with high mileage (100,000 to 140,475 miles and transmission issues). The City’s Administrative Policy and Procedure C-006 states that replacement of equipment should consider the following criteria: 1. Condition of the equipment 2. Age of equipment (for autos – 5 years and/or 80,000 miles) 3. Maintenance history of the equipment Award of Contract for Police and Public Works Fleet Leasing Program On July 27th, 2021, the City Council approved the purchase of six (6) unmarked 2021 Ford Explorer vehicles for use by the Police Department’s Administrative Staff and Detectives; and the purchase of two (2) marked 2021 police motorcycles for use by the Police Department’s Traffic Enforcement officers. The purchase of one (1) 2022 Ford F350 Truck with a service bed for the use of the City’s Fleet Maintenance Coordinator Page 70 of 340 Item 8.i. City Council Consideration to Declare Police and Public Works Surplus Property April 12, 2022 Page 3 and the purchase of one (1) 2022 Ford F -150 Truck for the use of the Public Works Department, Streets Division staff was also approved. All ten of the new vehicles approved on July 27th, 2021, have been purchased and are replacing older/out of warranty patrol vehicles and service trucks recommended for surplus. ANALYSIS OF ISSUES: The vehicles recommended for surplus, listed in Exhibit A, are outside of the Department’s leasing program, and are not under any warranty, leaving the Department to incur any ongoing maintenance costs. The current patrol fleet was to be replaced in FY 2021-22, but replacement was deferred for one year for financial savings to the City related to the COVID-19 pandemic. The Public Works Department’s equipment and vehicle fleet is slowly and systematically being replaced. As the equipment and fleet ages, the cost of maintenance increases. The issues of age and cost of maintenance are applicable to each of the Public W orks items, listed in Exhibit A. Due to Covid-19, it was not possible to utilize an auction service, which has been the most efficient and cost-effective way to surplus. Now that restrictions are easing, and the auction house is holding both online and in person auctions, it is possible to have the surplus property hauled away and auctioned off. ALTERNATIVES: The following alternatives are provided for the Council’s con sideration: 1. Adopt the Resolution declaring the vehicles as surplus and authorize their sale or disposal; 2. Do not adopt the Resolution; or 3. Provide other direction to staff. ADVANTAGES: Approving the recommended action will mitigate continued maintenance costs of older fleet vehicles and equipment. The City will realize General Fund revenues and remove unused and outdated inventory property. 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. Page 71 of 340 Item 8.i. City Council Consideration to Declare Police and Public Works Surplus Property April 12, 2022 Page 4 Attachments: 1. Proposed Resolution Page 72 of 340 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING VEHICLES AND EQUIPMENT AS SURPLUS AND AUTHORIZING THEIR SALE OR DISPOSAL WHEREAS, the City of Arroyo Grande (“City”) owns the vehicles and equipment listed in Exhibit A; and WHEREAS, these vehicles and equipment can be classified as surplus property and made available for sale to private parties, other municipalities, or disposed of. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby declare as surplus the vehicles and equipment described in Exhibit A attached hereto and incorporated herein, and authorizes staff to sell/dispose of said vehicles and equipment in compliance with authorized disposition procedures. On motion by Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 12th day of April, 2022. Page 73 of 340 RESOLUTION NO. PAGE 2 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 74 of 340 RESOLUTION NO. PAGE 3 EXHIBIT A SURPLUS VEHICLES AND EQUIPMENT AVAILABLE FOR SALE OR DISPOSAL 4-12-22 PUBLIC WORKS VEHICLES (7): Vehicle # Year Make/Model Vin # License # Mileage PW -36 1977 Ford F-350 F37HRY22180 E690048 54,664 PW -45 1996 Ford F-250 1FTHF25HOTEB57009 E020039 78,706 P-16 1997 Ford Ranger 1FTCR10A2VPB09513 051405 73,816 PW -60 2003 Ford F-150 1FTRX17W93KA48107 1142353 102,617 P-61 2003 Ford F-150 1FTRX17W43NA88299 1160356 126,770 PW -62 2003 Ford F-150 1FTRF17W13NA91745 1177354 140,475 PD-4612 2008 Dodge Dakota 1D7HE28K69S719704 1457087 93,122 EQUIPMENT (2): Equipment # Year Make/Model Hours of Use PW -111 1990 Eegerbeever Model 290 Wood Chipper 3,088 P/ST- 405 2003 Kubota Tractor Model LA482 241.8 POLICE DEPARTMENT VEHICLES (8): Vehicle # Year Make/Model Vin # License # Mileage PD-4623 2001 Ford F-550 1FDAF56F61EC51231 1461277 31,089 PD-4636 2005 Chevrolet Impala 2G1WT58K669111034 1277911 107,153 PD-4622 2015 Dodge Ram 3500 3C63R3CJ7FG585213 1462975 53,060 PD-4614 2016 Dodge Charger 2C3CDXAG7GH126727 1443306 41,688 PD-4615 2016 Dodge Charger 2C3CDXAG1GH118560 1443304 48,519 PD-4617 2016 Dodge Charger 2C3CDXAG9GH126728 1443305 75,571 PD-4618 2016 Dodge Charger 2C3CDXAG5GH118559 1443307 65,039 PD-4601 2017 Ford Explorer (K9) 1FM5K8AT8HHD59205 1528851 24,563 Page 75 of 340 Item 8.j. MEMORANDUM TO: City Council FROM: Michael Martinez, Chief of Police BY: Shawn Cosgrove, Police Commander SUBJECT: Consideration of Adoption of an Urgency Ordinance Establishing a Military Equipment Use Policy in Accordance with the Requirements of AB 481 DATE: April 12, 2022 SUMMARY OF ACTION: Adoption of an Urgency Ordinance establishing a Military Equipment Use Policy in order to comply with AB 481. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no current impacts to City funds from the adoption of the proposed Ordinance and Policy. RECOMMENDATION: Adopt an Urgency Ordinance establishing a Military Equipment Use Policy in accordance with AB 481. BACKGROUND: Currently, the Police Department does not have a Military Equipment Use Policy as it was not required by law. As of May 1, 2022, all California law enforcement agencies must comply with California Assembly Bill 481 (AB 481), which requires the City to adopt a Military Equipment Use Policy Ordinance. AB 481, codified in Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a Military Equipment Use Policy by ordinance, prior to the LEA funding, acquiring, or using military equipment as defined by the bill. Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field and are used by LEAs to enhance citizen and officer safety. Loss of use of these items would jeopardize the welfare of citizens and peace officers within the City of Arroyo Grande. Page 76 of 340 Item 8.j. City Council Consideration of Adoption of an Urgency Ordinance Establishing a Military Equipment Use Policy in Accordance with the Requirements of AB 481 April 12, 2022 Page 2 The term “military equipment,” as used in AB 481, is somewhat of a misnomer as it does not necessarily indicate equipment that has been used by the military or acquired from the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. Staff recommends that the City Council adopt the proposed Urgency Ordinance (Attachment 1), in order to allow the Arroyo Grande Police Department (AGPD) to continue to use the vital equipment specified therein. ANALYSIS OF ISSUES: The AGPD is committed to using appropriate law enforcement equipment to safeguard the citizens and officers of Arroyo Grande. Many of the items deemed to be “military equipment” by AB 481 are already being used by the AGPD and LEAs across the country in order to specifically reduce risk to community members by using less lethal alternatives. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equ ipment Use Policy (Attachment 2), also provide AGPD peace officers with vital tools that facilitate compliance with the Department’s stringent use of force policy. Other items deemed to be “military equipment” under AB 481 include foundational equipment such as rifles. These rifles allow AGPD officers to address lethal threats from a greater distance and with greater precision. Because AGPD intends to continue utilizing items deemed to be “military equipment” under AB 481, a Military Equipment Use Policy is necessary and is required to be adopted by ordinance by May 1, 2022. In order to approve the policy, the City Council must make specific findings , which are satisfied by the following findings included in the Ordinance: 1. The military equipment identified in the Arroyo Grande Police Department’s Military Equipment Use Policy is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. 2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. 3. The military equipment identified in Exhibit “A” is identified as currently owned or to be purchased and is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. Page 77 of 340 Item 8.j. City Council Consideration of Adoption of an Urgency Ordinance Establishing a Military Equipment Use Policy in Accordance with the Requirements of AB 481 April 12, 2022 Page 3 4. The City did not previously have a military equipment use policy but as to any prior uses that do not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. If the City does not have an ordinance meeting the requirements of AB 481 in effect by May 1, 2022, AGPD may be prohibited from using “military equipment” until such time as the City Council adopts such an Ordinance. Therefore, staff recommends adopting the Ordinance as an urgency measure to ensure the continued availability of the appropriate law enforcement tools on which the AGPD relies to provide law enforcement services to the community. As provided in the Urgency Declaration in the Ordinance, the facts supporting its adoption are, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of “military equipment” by law enforcement agencies. Assembly Bill 481 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to the agency funding, acquiring, or using military equipment. The Arroyo Grande Police Department has been preparing the “military equipment” use policy since AB 481 was signed. Nevertheless, given the extensive requirements and notice provisions in the law, which includes mandatory posting of the proposed policy on the City’s website 30 days prior to the hearing at which adoption will be considered consistent with Government Code Section 7071 (b), and requirements and need to purchase additional equipment as enumerated in Exhibit “A,” the policy and Ordinance could not be made ready for the standard adoption process, which includes two readings and a 30-day delay in the effectiveness of the ordinance. If this ordinance does not become effective immediately upon adoption by the City Council, the City may be prohibited from using “military equipment,” as the term is defined in California Government Code section 7070, until the ordinance becomes effective. Such a delay would curtail the Arroyo Grande Police Department’s ability to acquire and use less lethal tools and hinder the effectiveness of the Arroyo Grande Police Department in preventing and addressing crime in the City, which in turn, would put the health, safety, and welfare of citizens at increased risk. Page 78 of 340 Item 8.j. City Council Consideration of Adoption of an Urgency Ordinance Establishing a Military Equipment Use Policy in Accordance with the Requirements of AB 481 April 12, 2022 Page 4 Per the requirements of AB 481, staff will return to the Council at least annually with a report on the City’s Military Equipment Use Policy and seek approval at that time for any necessary modifications to the policy. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve staff’s recommendation to adopt an Urgency Ordinance and Military Use Policy; 2. Do not approve staff’s recommendation and direct staff to return with a non- urgency ordinance, which will delay effectiveness for approximately 60 days; or 3. Provide other direction to staff. ADVANTAGES: Approving the recommended action will comply with State law requirements and will promote transparency involving Police Department acquisitions and or purchases . DISADVANTAGES: No disadvantaged are 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. In accordance with AB 481, the proposed Military Equipment Use Policy was also posted on the Police Department’s website at www.agpd.org on March 1, 2022. Attachments: 1. Proposed Urgency Ordinance 2. Proposed Policy 3. Inventory Page 79 of 340 ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA ESTABLISHING A MILITARY EQUIPMENT USE POLICY AND DECLARING THE ORDINANCE TO BE AN URGENCY ORDINANCE TO TAKE EFFECT IMMEDIATELY UPON ADOPTION WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies. WHEREAS, Assembly Bill 481, codif ied at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meet ing laws, prior to taking certain actions relating to the funding, acquisition, or continued use of military equipment. The term “military equipment” is defined in California Government Code section 7070. WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or continued use of military equipment within its jurisdiction only if it makes specified determinations. WHEREAS, the proposed Military Equipment Use Policy is found within the attached Exhibit “A” to this ordinance and is incorporated by reference as if set out in full. WHEREAS, this ordinance and the Arroyo Grande Police Department’s Military Equipment Use Policy meets the requirements of California Government Code sections 7070, subdivision (d) and 7071 subdivision (a) (1). NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AS FOLLOWS: PART 1. RECITALS INCORPORATION. The above recitals are hereby incorporated into this ordinance as if set out in full. PART 2. DETERMINATIONS In accordance with Government Code Section 7071, and in addition to information provided to the City Council at the meeting of March 22, 2022, the City Council determines as follows: 1. The military equipment identified in the Arroyo Grande Police Department’s Military Equipment Use Policy is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. Page 80 of 340 ORDINANCE NO. PAGE 2 2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. 3. The military equipment identified in Exhibit “A” as currently owned or to be purchased and is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4. The City did not previously have a prior military equipment use policy but as to any prior uses that do not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. 5. The City Council therefore, hereby approves and adopts the attached Exhibit “A” as the City’s Military Equipment Use Policy. PART 3. URGENCY DECLARATION The City Council declares this ordinance to be an urgency measure, to take effect immediately upon its adoption pursuant to California Government Code Section 36937 (b). The facts constituting the urgency are as follows: On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of “military equipment” by law enforcement agencies. Assembly Bill 481 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to the agency funding, acquiring, or using military equipment. The Arroyo Grande Police Department has been preparing the “military equipment” use policy since AB 481 was signed. Nevertheless, given the extensive requirements and notice provisions in the law, which includes mandatory posting of the proposed policy on the City’s website 30 days prior to the hearing at which adoption will be considered, consistent with Government Code Section 7071 (b), and requirements and need to purchase additional equipment as enumerated in Exhibit “A” the policy and Ordinance could not be made ready for the standard ordinance adoption process, which include two readings and a 30-day delay in the effectiveness of the ordinance. If this ordinance does not become effective immediately upon adoption by the City Council, the City may be prohibited from using “military equipment,” as the term is defined in California Government Code section 7070, until the ordinance becomes effective. Such a delay would curtail the Arroyo Grande Police Department’s ability to acquire and use less lethal tools and hinder the effectiveness of the Arroyo Grande Police Department in preventing and addressing crime in the City, which in turn, would put the health, safety, and welfare of citizens at increased risk. PART 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Page 81 of 340 ORDINANCE NO. PAGE 3 Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid. PART 5. All ordinances and parts of ordinances in conflict with those sections amended or added herein are hereby repealed. PART 6. EFFECTIVE DATE. This Ordinance will become effective immediately as an urgency ordinance upon approval by the City Council consistent with Government Code Section 36937 (b) and substantiated by the declaration contained with Part 3. 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 12th day of April, 2022. Page 82 of 340 ORDINANCE NO. PAGE 4 ___________________________________ 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 83 of 340 Policy 709 Arroyo Grande Police Department Arroyo Grande PD CA Policy Manual Copyright Lexipol, LLC 2022/03/22, All Rights Reserved. Published with permission by Arroyo Grande Police Department ***DRAFT***Military Equipment - 1 Military Equipment 709.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of "military equipment" (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set for in Assembly Bill no. 481. These obligations include but are not limited to seeking approval on specific items deemed to be "military equipment" and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items. 709.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070). Military equipment – Includes but is not limited to the following: •Unmanned, remotely piloted, powered aerial or ground vehicles. •Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. •High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. •Tracked armored vehicles that provide ballistic protection to their occupants. •Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. •Weaponized aircraft, vessels, or vehicles of any kind. •Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. •Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. •Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. •Any firearm or firearm accessory that is designed to launch explosive projectiles. •Noise-flash diversionary devices and explosive breaching tools. •Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. •TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). •Kinetic energy weapons and munitions. EXHIBIT A ATTACHMENT 2 Page 84 of 340 Arroyo Grande Police Department Arroyo Grande PD CA Policy Manual Military Equipment Copyright Lexipol, LLC 2022/03/22, All Rights Reserved. Published with permission by Arroyo Grande Police Department ***DRAFT***Military Equipment - 2 •Any other equipment as determined by a governing body or a state agency to require additional oversight. 709.2 PHILOSOPHY The acquisition of military equipment and its deployment in our communities may impact the public's safety and welfare. The public has the right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's safety and welfare, civil rights, and civil liberties, and should be based on meaningful public input. 709.3 POLICY It is the policy of the Arroyo Grande Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment and that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before "military equipment" is funded, acquired, or used. 709.4 PROCEDURE DEFINITIONS 1. Governing Body - The elected or appointed entity that oversees the Arroyo Grande Police Department. 2. Military Equipment - Any of a wide variety of items as defined by California Government Code section 7070 subsections (c)(1) through (c)(16). 709.5 GENERAL 1. The Department shall obtain approval of the governing body annually prior to engaging in any of the following activities: a. Requesting military equipment available pursuant to Section 2576a of Title 10 of the United States Government Code. b. Seeking funds for military equipment including, but not limited to, applying for a grant, soliciting or accepting privater, local, state, or federal funds, in kind donations, or other donations or transfers. c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. Page 85 of 340 Arroyo Grande Police Department Arroyo Grande PD CA Policy Manual Military Equipment Copyright Lexipol, LLC 2022/03/22, All Rights Reserved. Published with permission by Arroyo Grande Police Department ***DRAFT***Military Equipment - 3 e. Using any new or existing military equipment for a purpose in a manner, or by a person not previously approved by the governing body pursuant to policy. f. Soliciting or responding to a proposal for entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. 2. In seeking the approval of the governing body, the Department shall submit a proposed military equipment use policy, or subsequent amendments, to the City Council and the public via the law enforcement agency's website at least 30 days prior to any public hearing concerning military equipment use. A. MILITARY EQUIPMENT USE CONSIDERATIONS 1. The military equipment acquired and authorized by the Department is: a. Necessary because there is no reasonable alternative that can achieve the same objective civilian nd officer safety. b. Reasonably cost effective compared to available alternatives that can achieve the same objective or civilian and officer safety. 2. Military equipment shall only be used by an Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training (P.O.S.T.), has been completed, unless exigent circumstances arise. 709.6 MILITARY EQUIPMENT COORDINATOR The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a)Acting as liaison to the governing body for matters related to the requirements of this policy. (b)Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c)Conducting an inventory of all military equipment at least annually. (d)Collaborating with any allied agency that may use military equipment within the jurisdiction of Arroyo Grande Police Department (Government Code § 7071). (e)Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1.Publicizing the details of the meeting. 2.Preparing for public questions regarding the department’s funding, acquisition, and use of equipment. Page 86 of 340 Arroyo Grande Police Department Arroyo Grande PD CA Policy Manual Military Equipment Copyright Lexipol, LLC 2022/03/22, All Rights Reserved. Published with permission by Arroyo Grande Police Department ***DRAFT***Military Equipment - 4 (f)Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g)Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 709.7 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department's website for as long as the military equipment available for use. The report shall include all information required by Government Code § 7072 for the preceding calender year for each type pf military equipment inventory. The annual military equipment report shall, at minimum, include the following information: a. A summary of how the military equipment was used and the purpose of use. b. A summary of complaints or concerns received regarding the use of military equipment. c. The results of any internal audits, any information about violations on military equipment use policy, and any actions taken in response. d. The total annual cost for each type of military equipment, including acquisition, personnel training, transportation, maintenance, storage, upgrades, and other ongoing costs, and from what source funds will be provided for the military equipment in the calender year following submission of the annual military equipment. e. The quantity possessed for each type of military equipment. f. Projected purchases of military equipment in the next year and the quantity sought for each type of military equipment. 709.8 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: MILITARY EQUIPMENT USE PDF.pdf 709.9 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is Page 87 of 340 Arroyo Grande Police Department Arroyo Grande PD CA Policy Manual Military Equipment Copyright Lexipol, LLC 2022/03/22, All Rights Reserved. Published with permission by Arroyo Grande Police Department ***DRAFT***Military Equipment - 5 submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071): (a)Requesting military equipment made available pursuant to 10 USC § 2576a. (b)Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (c)Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d)Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e)Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f)Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g)Acquiring military equipment through any means not provided above. 709.10 COORDINATION WITH OTHER JURISDICTIONS This policy recognizes the need for agencies to provide assistance to each other, whether in ongoing, combined, or regional operations, occasional planned operations, or in exigent circumstances. Where applicable to the provisions og Government Code §7070 through 7075, such assisting agencies should comply with their respective military equipment use policies when rendering assistance. 709.11 EXIGENT CIRCUMSTANCES The Arroyo Grande Police Department participates in the San Luis Obispo Regional S.W.A.T. Team who is responsible for high risk operations within the City of Arroyo Grande. The police department also works closely with local, county, state, and federal law enforcement agencies. In exigent circumstances such as, but not limited to, an active shooter, rapidly evolving incident, high risk operations, civil unrest,natural disaster, or officer needs help incident, with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote safety and security of community members. If the police department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of acquisition or use of to the City Council within 30 days following commencement of such exigent circumstances, unless such information is confidential or privileged under local, state, or federal law. Page 88 of 340 Arroyo Grande Police Department Arroyo Grande PD CA Policy Manual Military Equipment Copyright Lexipol, LLC 2022/03/22, All Rights Reserved. Published with permission by Arroyo Grande Police Department ***DRAFT***Military Equipment - 6 709.12 CATALOGING OF MILITARY EQUIPMENT All military equipment use equipment kept and maintained by the Arroyo Grande Police Department shall be cataloged in such way to address the following requirments: a. The manufacturer's description of the equipment. b. The capabilities of the equipment. c. The purpose and authorized uses for which the Department proposes to use the equipment. d. The expected lifespan of the equipment. e. The fiscal impacts, both for initial purchase and continued maintained. f. The quantity of the equipment whether maintained or intend to acquire. 709.13 COMPLIANCE The department operations commander will establish that all department members comply with this policy. The commander, along with the range master lead officer will conduct an annual audit and will report directly to the Chief of Police. for direction. 709.14 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Page 89 of 340 Arroyo Grande PD CA Policy Manual Copyright Lexipol, LLC 2022/03/22, All Rights Reserved. Published with permission by Arroyo Grande Police Department ***DRAFT***Attachments - 7 Attachments Page 90 of 340 Attachment Arroyo Grande PD CA Policy Manual Copyright Lexipol, LLC 2022/03/22, All Rights Reserved. Published with permission by Arroyo Grande Police Department ***DRAFT***MILITARY EQUIPMENT USE PDF.pdf - 8 MILITARY EQUIPMENT USE PDF.pdf MILITARY EQUIPMENT USE PDF.pdf Page 91 of 340 ARROYO GRANDE POLICE DEPARTMENT MILITARY EQUIPMENT USE & INVENTORY 1 | Page 01/01/2022 PURPOSE This policy establishes guidelines for the acquisition, funding, use and reporting of “military equipment”, as the term is defined in Government Code section 7070. This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481. These obligations include, but are not limited to, seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items. POLICY It is the policy of the Arroyo Grande Police Department that there are legally enforceable safeguards including transparency, oversight, and accountability measures in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. PHILOSOPHY The acquisition of military equipment and its deployment in our communities may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. PROCEDURE A. DEFINITIONS 1. Governing Body – The elected entity that oversees the Arroyo Grande Police Department. 2. Military Equipment – Any of a wide variety of items as defined by California Government Code section 7070, subsections (c)(1) through (c)(16). B. GENERAL 1) The Department shall obtain approval of the governing body annually prior to engaging in any of the following activities: a. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. b. Seeking funds for military equipment including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. Page 92 of 340 ARROYO GRANDE POLICE DEPARTMENT MILITARY EQUIPMENT USE & INVENTORY 2 | Page e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to general order. f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. 2) In seeking the approval of the governing body, the Department shall submit a proposed military equipment use policy, or subsequent amendments, to the City Council and the public via the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. C. MILITARY EQUIPMENT USE CONSIDERATIONS 1) The military equipment acquired and authorized by the Department is: a. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. b. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 2) Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training (POST), has been completed, unless exigent circumstances arise. D. MILITARY EQUIPMENT REPORTING CONSIDERATIONS 1) The Department shall submit an annual military equipment report to City Council that addresses each type of military equipment possessed by the Department. 2) The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use. 3) The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. e. The quantity possessed for each type of military equipment. f. If AGPD intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. i. Within 30 days of submitting and publicly releasing an annual military equipment report, AGPD shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may Page 93 of 340 ARROYO GRANDE POLICE DEPARTMENT MILITARY EQUIPMENT USE & INVENTORY 3 | Page discuss and ask questions regarding the annual military equipment report and AGPD’s funding, acquisition, or use of military equipment. E. CATALOGING OF MILITARY USE EQUIPMENT All military use equipment kept and maintained by the Arroyo Grande Police Department shall be cataloged in a way which addresses each of the following requirements: 1. The manufacturers description of the equipment. 2. The capabilities of the equipment. 3. The purposes and authorized uses for which the Department proposes to use the equipment. 4. The expected lifespan of the equipment. 5. The fiscal impact of the equipment, both initially and for on-going maintenance. 6. The quantity of the equipment, whether maintained or sought. 7. Required Training to meet CA - POST standard of use. F. COMPLIANCE 1. The Department Operations Commander will ensure that all Department members comply with this policy. The Arroyo Grande Police Department Command staff will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the overseeing Division Commander and handled in accordance with AGPD Policy 1018.6 (ADMINISTRATIVE INVESTIGATIONS). All instances of non-compliance will be reported to City Council via the annual military equipment report. 2. Any member of the public can register a question or concern regarding military use equipment by contacting the Arroyo Grande Police Department on duty Watch Commander at 805-473-5110. A response to the question or concern shall be completed by the Department in a timely manner. 3. Any member of the public can submit a complaint to any member of the Department, and in any form i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Internal Affairs Division in accordance with AGPD Policy 1018 (Personnel Complaints). G. FUNDING The Department shall seek council approval for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. 1. The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. The Department shall obtain council approval as soon as practicable. Page 94 of 340 ARROYO GRANDE POLICE DEPARTMENT MILITARY EQUIPMENT USE & INVENTORY 4 | Page H. MILITARY USE EQUIPMENT 1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely a) Description, quantity, capabilities, and purchase cost of current UAS: i. DJI MAVIC ENTERPRISE Advanced, cost: $6,900 each, quantity: 2. UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording, weighs 909 grams, and has approx. 30 minutes of flight time. b) Purpose To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to: i. major collision investigations. ii. search for missing persons. iii. natural disaster management. iv. crime scene photography. v. SWAT, tactical, or other public safety and life preservation missions. vi. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention. c) Authorized Use Only assigned operators who have completed the required training shall be permitted to operate the DJI Mavic during approved missions. d) Expected Life Span All UAS equipment, 3-5 years. e) Fiscal Impact Annual maintenance and battery replacement cost is approximately $200. f) Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a department training and ongoing quarterly training. g) Legal and Procedural Rules Use is established under FAA Regulation 14 CFR Part 107, and the City of Arroyo Grande UAS policy. It is the policy of the AGPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. Page 95 of 340 ARROYO GRANDE POLICE DEPARTMENT MILITARY EQUIPMENT USE & INVENTORY 5 | Page 2. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. a) Description, quantity, capabilities, and purchase cost 1) DEFENSE (LMT) TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, cost: $1000, quantity: 9. The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet. This less lethal platform replaced the Bean Bag shotgun and is authorized to be used by patrol personnel. The launcher is orange in color and has a holographic red dot sighting system. 2) BYRNA SDI. The 40mm BIP is a blunt impact kinetic energy round. Cost: $22 per round, quantity: 50. The patented technology involves an internal energy absorption system, as well as a collapsible gel head. BIPs have an effective minimal optimal range of 6.6 feet (2m), though are operational at point blank. In independent party Blunt Trauma Testing of several 40mm Impact rounds, the BIP round had the lowest impact force response. The Viscous criterion (VC) was used as an indicator of injury severity, the higher (VC) value the higher the risk of injury. The BIP Peaked at (0.10) while the other rounds peaked at (.012-.097) The BIP has been designed utilizing ballistic technologies, which allow for consistent in-flight stability throughout an almost flat trajectory. These rounds have repeatedly shown effectiveness and reliability at ranges up to 150 feet (45m) 3) DEFENSE TECHNOLOGY, FERRETT 40MM LIQUID BARRICADE PENETRATOR ROUND, cost: $23, quantity: 15. A 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. This is for use by SWAT team members only. b) Purpose To limit the escalation of conflict and preserve live where the employment of lethal force is prohibited or undesirable. c) Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to: Page 96 of 340 ARROYO GRANDE POLICE DEPARTMENT MILITARY EQUIPMENT USE & INVENTORY 6 | Page i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents. iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals. v. Training exercises or approved demonstrations. d) Training Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors. e) Lifespan • Defense Technology LMT- 25 years. • BYRNA SDI. The 40mm BIP- 5 years. • Model 2262 Liquid Barricade Penetrator round- 5 years. f) Fiscal Impact Annual maintenance is approximately $25 for each launcher. g) Legal and Procedural Rules Use is established under AGPD policy 308.8. It is the policy of the AGPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 3. Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. a) Description, quantity, capabilities, and purchase cost 1) Defense Technology #8901, Cost $50 Quantity: 6. The Distraction Device® Reload utilizes a standard military-style M201A1 type fuze and produces 175 dB of sound output at 5 feet and 6-8 million candelas for 10 milliseconds. This reload is for use in the Distraction Device low roll body. b) Purpose To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short- term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. Page 97 of 340 ARROYO GRANDE POLICE DEPARTMENT MILITARY EQUIPMENT USE & INVENTORY 7 | Page c) Authorized Use i. Diversionary Devices shall only be used: ii. By officers who have been trained in their proper use. iii. In hostage and barricaded subject situations. iv. In high risk warrant (search/arrest) services where there may be extreme hazards to officers. v. During other high-risk situations where their use would enhance officer safety. vi. During training exercises. d) Lifespan Until used. e) Fiscal Impact No annual maintenance. f) Training Prior to use, officers must attend diversionary device training that is conducted by Post certified instructors. g) Legal and Procedural Rules Use is established under AGPD policy 408. It is the policy of the AGPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 4. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a) Description, quantity, capabilities, and purchase cost 1) Sig Sauer, MCX Virtus Patrol Semi-Automatic Rifle. Cost $2000, quantity 16, officially designated Rifle, Caliber 5.56 NATO. Standard issued service weapon. 2) Remington .223 CALIBER 55 GRAIN RIFLE ROUND, cost: $349 per case of 1000, quantity: 10 cases. Remington ammo made by PMC. This full metal jacket rounds is used for training and CA POST required qualification. 3) Hornady Black 5.56 Nato 75 GRAIN HD SBR RIFLE ROUND. Cost $ 365 per case of 1000, quantity 4 cases. 5.56 Nato 75 gr InterLock HD SBR Hornady Black is designed specifically for 10.5"-11.5" SBR’s by using proprietary propellant technology and a bullet designed with technology from industry leading Critical Duty FlexLock bullets. This round provides exceptional ammunition performance in SBR’s suppressed or unsuppressed, with virtually no flash or residue, dramatically reduced sound signature, will not foul or Page 98 of 340 ARROYO GRANDE POLICE DEPARTMENT MILITARY EQUIPMENT USE & INVENTORY 8 | Page overheat suppressors, uniform velocity and accuracy, and provides controllable rate of fire in automatic platforms. Designed to meet the requirements of the FBI protocol, this round is the optimum choice for 10.5"-11.5" barreled 5.56 rifles. This is the Duty round for standard issue patrol rifles. b) Purpose To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c) Authorized Use Only members that are POST certified are authorized to use a rifle. d) Lifespan 1) Sig Sauer, MCX Virtus Patrol Semi-Automatic Rifle - no expiration. 2) Remington .223 CALIBER 55 GRAIN RIFLE ROUND - no expiration. 3) Hornady Black 5.56 Nato 75 GRAIN HD SBR RIFLE ROUND - no expiration. e) Fiscal Impact Annual maintenance is approximately $50 for each rifle. Annual Ammunition cost is accounted for in current department budget. Rifle ammunition accounts for approximately $3000 annually. f) Training Prior to using a rifle officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification 4 times a year. g) Legal and Procedural Rules Use is established under AGPD policy 312 and 432. It is the policy of the AGPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. All Rifles deployed by Arroyo Grande Police Department are owned by the Police Department. 5.Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed. a) Description, quantity, capabilities, and purchase cost 1) DEFENSE TECHNOLOGY, Han-Ball CS GRENADE, #519, cost: $48, quantity: 10. The Han- Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15- 20 seconds. The rubber ball round has an overall size of 4.8 in. tall, including the fuse head, and 3.1 in. diameter. This devise is for use by members of the SWAT team in a tactical environment. Page 99 of 340 ARROYO GRANDE POLICE DEPARTMENT MILITARY EQUIPMENT USE & INVENTORY 9 | Page 2) DEFENSE TECHNOLOGY Rubber Ball Blast Grenade, Inert. Cost $ 50, quantity 2. The Inert Rubber Blast Ball Grenade can be used effectively in both training and crowd management situations. It simulates the dispersion of Riot Control Agents from a CS, CN, or OC Blast Ball in a training environment, but without the actual chemical exposure. Deployed in crowd management /custodial situations to deliver light/sound stimuli from a rubber ball style grenade without chemical agent exposure. This devise is for use by members of the SWAT team in a tactical environment. b) Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents. iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals. v. Training exercises or approved demonstrations. vi. Authorized Use vii. Only officers who have received POST certification in the use of chemical agents are authorized to use these agents. c) Training Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors. d) Lifespan 5 years from manufacturing date. e) Fiscal Impact No annual maintenance. f) Legal and Procedural Rules Use is established under the AGPD use of force policy 300. It is the policy of the AGPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 6. PepperBall Launcher: A device that discharges irritant projectiles. a) Description, quantity, capabilities, and purchase cost 1) PepperBall FTC CARBINE, cost: $590, quantity 4. The FTC is a high-capacity, semi- automatic launcher that is reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration. PepperBall® is the most versatile non-lethal system available, allowing officers to deploy it in a wide range of situations. PepperBall's many uses include: Page 100 of 340 ARROYO GRANDE POLICE DEPARTMENT MILITARY EQUIPMENT USE & INVENTORY 10 | Page 1. Anti-riot 2. Combative suspects 3. Vehicle interdiction 4. Non-compliant individuals 2) PepperBall LIVE-X PROJECTILE, cost: $3 per projectile, quantity 500. The Live Projectile contains a concentrated amount of PAVA pepper powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder. 3) PepperBall Glass Breaker Cost $2.50 per Projectile, Quantity 60. A solid polymer projectile used for breaking out residential windows and side-glass of automobiles. Not for use on humans or animals. 4) PepperBall INERT round. Cost $1 per projectile. Quantity 200. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired. b) Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to: i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents. iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals. v. Training exercises or approved demonstrations. c) Authorized Use Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. d) Training Sworn members utilizing PepperBall launchers and projectiles are trained in there use by PepperBall certified less lethal and chemical agent instructors. e) Lifespan i. PepperBall FTC Carbine- 20 years ii. PepperBall Live-X Projectile- 3 years iii. PepperBall Glass Breaker- 20 years iv. PepperBall INERT Projectile- 3 years Page 101 of 340 ARROYO GRANDE POLICE DEPARTMENT MILITARY EQUIPMENT USE & INVENTORY 11 | Page f) Fiscal impact Annual maintenance is approximately $25 for each PepperBall launcher. g) Legal and Procedural Rules Use is established under AGPD policy 308.6.1. It is the policy of the AGPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. MAINTENANCE OF MILITARY USE SUPPLY LEVELS When munitions stock for "military equipment" have reached significantly low levels, or have been exhausted, the Department may order replacement stock based upon current approved city operational budget in a calendar year without city council approval to maintain essential availability for the Department’s needs. The purchase of this would be included in the annual report. Page 102 of 340 ARROYO GRANDE POLICE DEPARTMENT   MILITARY EQUIPMENT USE & INVENTORY  1 | Page 01/01/2022  PURPOSE   This policy establishes guidelines for the acquisition, funding, use and reporting of “military equipment”,  as the term is defined in Government Code section 7070. This policy is provided to fulfill the obligations  set forth in Assembly Bill No. 481. These obligations include, but are not limited to, seeking approval on  specific items deemed to be military equipment and requirements related to compliance, annual  reporting, cataloging, and complaints regarding these items.   POLICY   It is the policy of the Arroyo Grande Police Department that there are legally enforceable safeguards  including transparency, oversight, and accountability measures in place to protect the public’s welfare,  safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.     PHILOSOPHY   The acquisition of military equipment and its deployment in our communities may impact the public’s  safety and welfare. The public has a right to know about any funding, acquisition, or use of military  equipment by local government officials, as well as a right to participate in any government agency’s  decision to fund, acquire, or use such equipment. Decisions regarding whether and how military  equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety,  civil rights, and civil liberties, and should be based on meaningful public input.    PROCEDURE  A.DEFINITIONS 1.Governing Body – The elected entity that oversees the Arroyo Grande Police Department. 2.Military Equipment – Any of a wide variety of items as defined by California Government Code section 7070, subsections (c)(1) through (c)(16). B.GENERAL 1)The Department shall obtain approval of the governing body annually prior to engaging in any of the following activities: a.Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. b.Seeking funds for military equipment including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in‐kind donations, or other donations or transfers. c.Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. d.Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. ATTACHMENT 3 Page 103 of 340 ARROYO GRANDE POLICE DEPARTMENT   MILITARY EQUIPMENT USE & INVENTORY    2 | Page    e. Using any new or existing military equipment for a purpose, in a manner, or by a  person not previously approved by the governing body pursuant to general order.  f. Soliciting or responding to a proposal for, or entering into an agreement with, any  other person or entity to seek funds for, apply to receive, acquire, use, or  collaborate in the use of, military equipment.  2) In seeking the approval of the governing body, the Department shall submit a proposed military  equipment use policy, or subsequent amendments, to the City Council and the public via the law  enforcement agency’s internet website at least 30 days prior to any public hearing concerning the  military equipment at issue.  C. MILITARY EQUIPMENT USE CONSIDERATIONS  1) The military equipment acquired and authorized by the Department is:  a. Necessary because there is no reasonable alternative that can achieve the same  objective of officer and civilian safety.  b. Reasonably cost effective compared to available alternatives that can achieve the  same objective of officer and civilian safety.  2) Military equipment shall only be used by a Department employee only after applicable training,  including any course required by the Commission on Peace Officer Standards and Training (POST),  has been completed, unless exigent circumstances arise.  D. MILITARY EQUIPMENT REPORTING CONSIDERATIONS  1) The Department shall submit an annual military equipment report to City Council that addresses  each type of military equipment possessed by the Department.  2) The Department shall also make each annual military equipment report publicly available on its  internet website for as long as the military equipment is available for use.  3) The annual military equipment report shall, at a minimum, include the following information for the  immediately preceding calendar year for each type of military equipment:  a. A summary of how the military equipment was used and the purpose of its use.  b. A summary of any complaints or concerns received concerning the military equipment.  c. The results of any internal audits, any information about violations of the military  equipment use policy, and any actions taken in response.  d. The total annual cost for each type of military equipment, including acquisition, personnel,  training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from  what source funds will be provided for the military equipment in the calendar year following  submission of the annual military equipment report.  e. The quantity possessed for each type of military equipment.  f. If AGPD intends to acquire additional military equipment in the next year, the quantity  sought for each type of military equipment.  i. Within 30 days of submitting and publicly releasing an annual military  equipment report, AGPD shall hold at least one well‐publicized and conveniently  located community engagement meeting, at which the general public may  Page 104 of 340 ARROYO GRANDE POLICE DEPARTMENT   MILITARY EQUIPMENT USE & INVENTORY    3 | Page    discuss and ask questions regarding the annual military equipment report and  AGPD’s funding, acquisition, or use of military equipment.    E. CATALOGING OF MILITARY USE EQUIPMENT   All military use equipment kept and maintained by the Arroyo Grande Police Department    shall be cataloged in a way which addresses each of the following requirements:   1. The manufacturers description of the equipment.   2. The capabilities of the equipment.   3. The purposes and authorized uses for which the Department proposes to use the equipment.   4. The expected lifespan of the equipment.   5. The fiscal impact of the equipment, both initially and for on‐going maintenance.   6. The quantity of the equipment, whether maintained or sought.   7. Required Training to meet CA ‐ POST standard of use.   F. COMPLIANCE  1. The Department Operations Commander will ensure that all Department members comply  with this policy. The Arroyo Grande Police Department Command staff will conduct an  annual audit. The Chief of Police or designee will be notified of any policy violations and, if  needed, the violation(s) will be referred to the overseeing Division Commander and handled  in accordance with AGPD Policy 1018.6 (ADMINISTRATIVE INVESTIGATIONS). All instances of  non‐compliance will be reported to City Council via the annual military equipment report.  2. Any member of the public can register a question or concern regarding military use  equipment by contacting the Arroyo Grande Police Department on duty Watch Commander  at 805‐473‐5110. A response to the question or concern shall be completed by the  Department in a timely manner.  3. Any member of the public can submit a complaint to any member of the Department, and in  any form i.e. in person, telephone, email, etc.). Once the complaint is received, it should be  routed to the Internal Affairs Division in accordance with AGPD Policy 1018 (Personnel  Complaints).  G. FUNDING  The Department shall seek council approval for military equipment, including, but not limited to,  applying for a grant, soliciting or accepting private, local, state, or federal funds, in‐kind  donations, or other donations or transfers.  1. The Department has authority to apply for funding prior to obtaining council  approval in the case of exigent circumstances.  The Department shall obtain  council approval as soon as practicable.      Page 105 of 340 ARROYO GRANDE POLICE DEPARTMENT   MILITARY EQUIPMENT USE & INVENTORY    4 | Page    H. MILITARY USE EQUIPMENT  1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment  necessary to control it remotely  a) Description, quantity, capabilities, and purchase cost of current UAS:  i. DJI MAVIC ENTERPRISE Advanced, cost: $6,900 each, quantity: 2. UAS that has a  color and inferred camera as well as audible speaker and light. Capable of video  recording, weighs 909 grams, and has approx. 30 minutes of flight time.  b) Purpose  To be deployed when its view would assist officers or incident commanders with the  following situations, which include but are not limited to:    i. major collision investigations.     ii. search for missing persons.    iii. natural disaster management.    iv. crime scene photography.    v. SWAT, tactical, or other public safety and life preservation missions.    vi. In response to specific requests from local, state, or federal fire authorities for  fire response and/or prevention.  c) Authorized Use   Only assigned operators who have completed the required training shall be permitted to  operate the DJI Mavic during approved missions.    d) Expected Life Span   All UAS equipment, 3‐5 years.    e) Fiscal Impact   Annual maintenance and battery replacement cost is approximately $200.    f) Training   All Department UAS operators are licensed by the Federal Aviation Administration for UAS  operation.  In addition, each operator must attend a department training and ongoing  quarterly training.    g) Legal and Procedural Rules   Use is established under FAA Regulation 14 CFR Part 107, and the City of Arroyo Grande  UAS policy.  It is the policy of the AGPD to utilize UAS only for official law enforcement  purposes, and in a manner that respects the privacy of our community, pursuant to State  and Federal law.  Page 106 of 340 ARROYO GRANDE POLICE DEPARTMENT   MILITARY EQUIPMENT USE & INVENTORY    5 | Page      2. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less  lethal tool to launch impact rounds.  a) Description, quantity, capabilities, and purchase cost  1) DEFENSE (LMT) TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, cost: $1000, quantity:  9. The 40MM Single Launcher is a tactical single shot launcher that features an  expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with  light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in  cartridge length. It will launch a 40MM less lethal round up to 131 feet. This less lethal  platform replaced the Bean Bag shotgun and is authorized to be used by patrol  personnel. The launcher is orange in color and has a holographic red dot sighting  system.     2) BYRNA SDI. The 40mm BIP is a blunt impact kinetic energy round. Cost: $22 per round,  quantity: 50. The patented technology involves an internal energy absorption system,  as well as a collapsible gel head. BIPs have an effective minimal optimal range of 6.6  feet (2m), though are operational at point blank. In independent party Blunt Trauma  Testing of several 40mm Impact rounds, the BIP round had the lowest impact force  response. The Viscous criterion (VC) was used as an indicator of injury severity, the  higher (VC) value the higher the risk of injury. The BIP Peaked at (0.10) while the other  rounds peaked at (.012‐.097) The BIP has been designed utilizing ballistic technologies,  which allow for consistent in‐flight stability throughout an almost flat trajectory.  These rounds have repeatedly shown effectiveness and reliability at ranges up to 150  feet (45m)    3) DEFENSE TECHNOLOGY, FERRETT 40MM LIQUID BARRICADE PENETRATOR ROUND,  cost: $23, quantity: 15. A 40MM round used to penetrate barriers, such as windows,  hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose  cone ruptures and instantaneously delivers a small chemical payload inside of a  structure or vehicle.  In a tactical deployment situation, the 40mm Ferret is primarily  used to dislodge barricaded subjects from confined areas. Its purpose is to minimize  the risks to all parties through pain compliance, temporary discomfort and/or  incapacitation of potentially violent or dangerous subjects. This is for use by SWAT  team members only.     b) Purpose  To limit the escalation of conflict and preserve live where the employment of lethal force is  prohibited or undesirable.     c) Authorized Use  Situations for use of the less lethal weapon systems may include, but are not limited to:  Page 107 of 340 ARROYO GRANDE POLICE DEPARTMENT   MILITARY EQUIPMENT USE & INVENTORY    6 | Page    i. Self‐destructive, dangerous and/or combative individuals.  ii. Riot/crowd control and civil unrest incidents.  iii. Circumstances where a tactical advantage can be obtained.  iv. Potentially vicious animals.  v. Training exercises or approved demonstrations.  d) Training  Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in  there use by POST certified less lethal and chemical agent instructors.    e)  Lifespan   Defense Technology LMT‐ 25 years.   BYRNA SDI. The 40mm BIP‐ 5 years.   Model 2262 Liquid Barricade Penetrator round‐ 5 years.    f) Fiscal Impact  Annual maintenance is approximately $25 for each launcher.    g) Legal and Procedural Rules  Use is established under AGPD policy 308.8. It is the policy of the AGPD to utilize the 40mm  only for official law enforcement purposes, and pursuant to State and Federal law, including  those regarding the use of force.        3. Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults,  hostage rescue, room entry or other high‐risk arrest situations.    a)  Description, quantity, capabilities, and purchase cost  1) Defense Technology #8901, Cost $50 Quantity: 6. The Distraction Device® Reload  utilizes a standard military‐style M201A1 type fuze and produces 175 dB of sound  output at 5 feet and 6‐8 million candelas for 10 milliseconds. This reload is for use in  the Distraction Device low roll body.  b) Purpose  To produce atmospheric over‐pressure and brilliant white light and, as a result, can cause short‐ term (6 ‐ 8 seconds) physiological/psychological sensory deprivation to give officers a tactical  advantage.        Page 108 of 340 ARROYO GRANDE POLICE DEPARTMENT   MILITARY EQUIPMENT USE & INVENTORY    7 | Page    c) Authorized Use  i. Diversionary Devices shall only be used:  ii. By officers who have been trained in their proper use.  iii. In hostage and barricaded subject situations.  iv. In high risk warrant (search/arrest) services where there may be extreme  hazards to officers.  v. During other high‐risk situations where their use would enhance officer safety.  vi. During training exercises.    d) Lifespan  Until used.    e) Fiscal Impact  No annual maintenance.    f) Training  Prior to use, officers must attend diversionary device training that is conducted by Post certified  instructors.    g) Legal and Procedural Rules  Use is established under AGPD policy 408. It is the policy of the AGPD to utilize diversion devices  only for official law enforcement purposes, and pursuant to State and Federal law regarding the  use of force.        4. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to  make bullets spin and thereby have greater accuracy over a long distance.  a) Description, quantity, capabilities, and purchase cost  1) Sig Sauer, MCX Virtus Patrol Semi‐Automatic Rifle. Cost $2000, quantity 16, officially  designated Rifle, Caliber 5.56 NATO. Standard issued service weapon.      2) Remington .223 CALIBER 55 GRAIN RIFLE ROUND, cost: $349 per case of 1000, quantity:  10 cases. Remington ammo made by PMC. This full metal jacket rounds is used for  training and CA POST required qualification.     3) Hornady Black 5.56 Nato 75 GRAIN HD SBR RIFLE ROUND. Cost $ 365 per case of 1000,  quantity 4 cases. 5.56 Nato 75 gr InterLock HD SBR Hornady Black is designed specifically  for 10.5"‐11.5" SBR’s by using proprietary propellant technology and a bullet designed  with technology from industry leading Critical Duty FlexLock bullets. This round provides  exceptional ammunition performance in SBR’s suppressed or unsuppressed, with  virtually no flash or residue, dramatically reduced sound signature, will not foul or  Page 109 of 340 ARROYO GRANDE POLICE DEPARTMENT   MILITARY EQUIPMENT USE & INVENTORY    8 | Page    overheat suppressors, uniform velocity and accuracy, and provides controllable rate of  fire in automatic platforms. Designed to meet the requirements of the FBI protocol, this  round is the optimum choice for 10.5"‐11.5" barreled 5.56 rifles. This is the Duty round  for standard issue patrol rifles.   b) Purpose  To be used as precision weapons to address a threat with more precision and/or greater  distances than a handgun, if present and feasible.    c) Authorized Use  Only members that are POST certified are authorized to use a rifle.    d) Lifespan  1) Sig Sauer, MCX Virtus Patrol Semi‐Automatic Rifle ‐ no expiration.  2) Remington .223 CALIBER 55 GRAIN RIFLE ROUND ‐ no expiration.  3) Hornady Black 5.56 Nato 75 GRAIN HD SBR RIFLE ROUND ‐ no expiration.    e) Fiscal Impact  Annual maintenance is approximately $50 for each rifle. Annual Ammunition cost is  accounted for in current department budget. Rifle ammunition accounts for  approximately $3000 annually.     f) Training  Prior to using a rifle officers must be certified by POST instructors in the operation of the rifle.  Additionally, all members that operate any rifle are required to pass a range qualification 4  times a year.     g) Legal and Procedural Rules  Use is established under AGPD policy 312 and 432. It is the policy of the AGPD to utilize rifles  only for official law enforcement purposes, and pursuant to State and Federal law regarding the  use of force. All Rifles deployed by Arroyo Grande Police Department are owned by the Police  Department.   5.Chemical Agent and Smoke Canisters:  Canisters that contain chemical agents that are released when  deployed.  a) Description, quantity, capabilities, and purchase cost  1) DEFENSE TECHNOLOGY, Han‐Ball CS GRENADE, #519, cost: $48, quantity: 10. The Han‐ Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15‐ 20 seconds. The rubber ball round has an overall size of 4.8 in. tall, including the fuse  head, and 3.1 in. diameter. This devise is for use by members of the SWAT team in a  tactical environment.      Page 110 of 340 ARROYO GRANDE POLICE DEPARTMENT   MILITARY EQUIPMENT USE & INVENTORY    9 | Page    2) DEFENSE TECHNOLOGY Rubber Ball Blast Grenade, Inert. Cost $ 50, quantity 2. The Inert  Rubber Blast Ball Grenade can be used effectively in both training and crowd  management situations. It simulates the dispersion of Riot Control Agents from a CS,  CN, or OC Blast Ball in a training environment, but without the actual chemical  exposure. Deployed in crowd management /custodial situations to deliver light/sound  stimuli from a rubber ball style grenade without chemical agent exposure. This devise is  for use by members of the SWAT team in a tactical environment.  b) Purpose  To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.  Situations for use of the less lethal weapon systems may include, but are not limited to:  i. Self‐destructive, dangerous and/or combative individuals.  ii. Riot/crowd control and civil unrest incidents.  iii. Circumstances where a tactical advantage can be obtained.  iv. Potentially vicious animals.  v. Training exercises or approved demonstrations.  vi. Authorized Use  vii. Only officers who have received POST certification in the use of chemical agents  are authorized to use these agents.  c) Training  Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical  agent instructors.    d) Lifespan  5 years from manufacturing date.    e) Fiscal Impact  No annual maintenance.    f) Legal and Procedural Rules  Use is established under the AGPD use of force policy 300. It is the policy of the AGPD to utilize  chemical agents only for official law enforcement purposes, and pursuant to State and Federal  law, including those regarding the use of force.       6. PepperBall Launcher:   A device that discharges irritant projectiles.  a) Description, quantity, capabilities, and purchase cost  1) PepperBall FTC CARBINE, cost: $590, quantity 4. The FTC is a high‐capacity, semi‐ automatic launcher that is reliable and accurate, it features a hopper that can hold up to  180 rounds and a flexible air source configuration. PepperBall® is the most versatile  non‐lethal system available, allowing officers to deploy it in a wide range of situations.  PepperBall's many uses include:  Page 111 of 340 ARROYO GRANDE POLICE DEPARTMENT   MILITARY EQUIPMENT USE & INVENTORY    10 | Page    1. Anti‐riot  2. Combative suspects  3. Vehicle interdiction  4. Non‐compliant individuals    2) PepperBall LIVE‐X PROJECTILE, cost: $3 per projectile, quantity 500. The Live Projectile  contains a concentrated amount of PAVA pepper powder. Discharged from a PepperBall  Launcher, the projectile has a velocity of 280‐350 FPS. The projectile has a direct impact  of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder.    3) PepperBall Glass Breaker Cost $2.50 per Projectile, Quantity 60. A solid polymer  projectile used for breaking out residential windows and side‐glass of automobiles. Not  for use on humans or animals.      4) PepperBall INERT round. Cost $1 per projectile. Quantity 200. Containing a harmless,  scented powder, this projectile is best suited for training, qualifications, and direct  impact when chemical exposure is not desired.    b) Purpose  To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.    Situations for use of the less lethal weapon systems may include but, are not limited to:  i. Self‐destructive, dangerous and/or combative individuals.  ii. Riot/crowd control and civil unrest incidents.  iii. Circumstances where a tactical advantage can be obtained.  iv. Potentially vicious animals.  v. Training exercises or approved demonstrations.  c) Authorized Use    Only those officers who have been trained in the use of PepperBall launchers are authorized to    use the PepperBall launchers.  d) Training  Sworn members utilizing PepperBall launchers and projectiles are trained in there use by  PepperBall certified less lethal and chemical agent instructors.  e) Lifespan  i. PepperBall FTC Carbine‐ 20 years  ii. PepperBall Live‐X Projectile‐ 3 years  iii. PepperBall Glass Breaker‐ 20 years   iv. PepperBall INERT Projectile‐ 3 years    Page 112 of 340 ARROYO GRANDE POLICE DEPARTMENT   MILITARY EQUIPMENT USE & INVENTORY    11 | Page      f) Fiscal impact   Annual maintenance is approximately $25 for each PepperBall launcher.  g) Legal and Procedural Rules  Use is established under AGPD policy 308.6.1. It is the policy of the AGPD to utilize PepperBall  only for official law enforcement purposes, and pursuant to State and Federal law, including  those regarding the use of force.    MAINTENANCE OF MILITARY USE SUPPLY LEVELS  When munitions stock for "military equipment" have reached significantly low levels, or have been  exhausted, the Department may order replacement stock based upon current approved city operational  budget in a calendar year without city council approval to maintain essential availability for the  Department’s needs. The purchase of this would be included in the annual report.         Page 113 of 340 Item 8.k. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager Timothy J. Carmel, City Attorney SUBJECT: Consider Approval of Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc., to Comply with the Requirement DATE: April 12, 2022 SUMMARY OF ACTION: The proposed action is to approve Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organics Materials Collection (the “Franchise Agreement Amendment”) with South County Sanitary Services, Inc. (“South County Sanitary”), which is necessary in order to comply with the requirements of Senate Bill 1383 (SB 1383). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no direct fiscal impact as a result of this item. However, a propos ed rate increase request by South County Sanitary is currently being reviewed and it is anticipated that, after notice as required by Proposition 218, a public hearing will be held to consider the proposed rate increase. Also, Public Resources Code Sectio n 42652.5 authorizes local jurisdictions to collect reasonable and necessary fees to recover the costs of implementing SB 1383 regulations, and the potential for such fees is addressed in the Article 7 of the Franchise Agreement Amendment. In addition, fee s imposed by the San Luis Obispo County Integrated Waste Management Authority (IWMA) are also being increased, which will be passed through to customers as a separate fee. RECOMMENDATION: Approve Amendment #3 to the Amended and Restated Solid Waste Collec tion Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc. Page 114 of 340 Item 8.k. City Council Consider Approval of Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc., to Comply with the Requirement April 12, 2022 Page 2 BACKGROUND: The City provides solid waste disposal services in accordance with Chapter 8.32 of the Arroyo Grande Municipal Code. South County Sanitary is the City’s franchisee that provides solid waste collection services to the community. The City and South County Sanitary entered into a Solid Waste Collection Franchise Agreement on June, 10, 2008, and the Franchise Agreement was subsequently amended twice in 2016. The City Council is now being asked to approve Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection wi th South County Sanitary Services, Inc. in order to comply with the requirements of SB 1383. SB 1383 was signed into law on September 19, 2016, to require a reduction of organic waste disposal to landfills from 2014 levels by 75% and increase edible food recovery by 20%, by 2025. SB 1383 is the most significant waste reduction mandate to be adopted in the State of California in the last 30 years and required all jurisdictions in the State that provide solid waste collection and disposal services to impleme nt a mandatory organic recycling ordinance by January 1, 2022. All businesses, residents, and multi-family apartments must have access to recycling programs that capture food scraps, landscaping waste, and other organic waste materials in order to reduce t he production of methane gas. This law has significant policy and legal implications for State and local governments, including cities, counties and special districts that provide solid waste services. In November 2021, the City Council adopted Ordinances adding Chapter 8.33, Mandatory Organic Waste Disposal Reduction, and Chapter 15.06, SB 1383 CalGreen Recycling and Model Water Efficient Landscaping Ordinance Requirements, to the Arroyo Grande Municipal Code in order to comply with the requirements of SB 1383. Another requirement of SB 1383 is that agencies must amend their solid waste collection franchise agreements with their haulers, so that the services being provided comply with its requirements. ANALYSIS OF ISSUES: The IWMA has taken the lead for its member agencies to provide for the implementation of SB 1383. The IWMA retained the consulting firm, HF&H, who has worked with the IWMA member agencies to draft amendments to their solid waste franchise agreements to address SB 1383, and also had prepa red a draft model SB 1383 ordinance for San Luis Obispo County agencies. HF&H had previously been retained by CalRecyle to develop Statewide SB 1383 model documents, including franchise agreements, enforcement ordinances and procurement policies for compost, renewable gas, and paper products. Page 115 of 340 Item 8.k. City Council Consider Approval of Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc., to Comply with the Requirement April 12, 2022 Page 3 SB 1383 requires the City to implement collection programs, meet processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirement s. The Franchise Agreement Amendment includes comprehensive provisions that address new definitions in order to be consistent with SB 1383, as well as other provisions relating to SB 1383 requirements, including, but not limited to, collection and disposa l of organic materials, improper contaminants in containers and related notifications to customers, discarded materials container requirements, disposal and material processing, public education, procurement of recovered organic waste products, and record keeping and reporting. CalRecyle is monitoring the compliance of agencies with SB 1383 and requires submittal of reports relating to the adoption of required ordinances, franchise agreement amendments and procurement policies. They have indicated that age ncies need to have approved SB 1383 related franchise agreement amendments by June 30, 2022. Accordingly, it is recommended that the City Council approve Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc.; 2. Do not approve the Franchise Agreement Amendment; or 3. Provide other direction to staff. ADVANTAGES: Approval of the Franchise Agreement Amendment will comply with the requirements of SB 1383, provide for its implementation, and satisfy the requirements of CalRecyle. DISADVANTAGES: Failure to approve the Franchise Agreement Amendment in a timely manner could subject the City to penalties imposed by CalRecyle, which can be up to $10,000 per day. ENVIRONMENTAL REVIEW: Approval of the Franchise Agreement Amendment is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste collection agreement will not have a significant effect on the environment and Page 116 of 340 Item 8.k. City Council Consider Approval of Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc., to Comply with the Requirement April 12, 2022 Page 4 that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment . PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Proposed Franchise Agreement Amendment Page 117 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 ATTACHMENT 1 AMENDMENT #3 TO THE AMENDED AND RESTATED SOLID WASTE COLLECTION FRANCHISE AGREEMENT FOR SOLID WASTE, RECYCLABLE MATERIALS, AND ORGANIC MATERIALS COLLECTION BETWEEN THE CITY OF ARROYO GRANDE AND SOUTH COUNTY SANITARY SERVICES, INC. Page 118 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 MARCH 11, 2022 FINAL DRAFT Page 119 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 This page intentionally left blank. Page 120 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 This Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement between the City of Arroyo Grande and South County Sanitary, Inc. (“Amendment”), is made and entered into between the City of Arroyo Grande, a political subdivision of the State of California (hereafter “City”) and South County Sanitary Service, Inc. a California corporation (“Contractor”), each of which may be referred to individually as a “Party” or together as the “Parties.” RECITALS This Amendment #3 is made and entered into on the basis of the following facts, understandings, and intentions of the Parties: WHEREAS: The Parties entered into a Solid Waste Collection Franchise Agreement between the City of Arroyo Grande and South County Sanitary Service on June, 10, 2008, (“Agreement” capitalized terms used but not defined herein shall have the meanings given to them in the Agreement); and, WHEREAS: Section 4 of the Agreement provides City with the right to direct Contractor to modify the scope of one or more types of service described in the Agreement, or to otherwise modify its performance under the Agreement, subject to providing additional compensation; and, WHEREAS: SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste facilities, and other entities to support achievement of State-wide Organic Waste Disposal reduction targets; and, WHEREAS: SB 1383 requires the City to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to the Contractor, acting as the City’s designee, through this Agreement; and, WHEREAS: Both Parties have, in good faith, negotiated changes to the Agreement necessary to support the City’s compliance with SB 1383, as set forth herein. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained, City and Contractor do hereby agree as follows: EFFECTIVE DATE This Amendment #3 shall become effective on the date this Amendment is signed by both Parties. PROGRAM AMENDMENTS TO AGREEMENT Article 1. Definitions Article 1 of the Agreement is hereby amended to add or modify the following definitions: “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to time. “AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341”, as amended, supplemented, superseded, and replaced from time to time. Page 121 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 “AB 901” means Assembly Bill approved by the Governor of the State of California on October 10, 2015, which amended Section 41821.5 of, amended, renumbered and added Section 41821.6 of, and added Sections 41821.7 and 41821.8 to, the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time. “Applicable Law” means all Federal, State, County, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, Transportation, and Processing of Recyclable Materials, Organic Materials, and Solid Waste that are in force on the Effective Date and as may be enacted, issued or amended during the Term of this Agreement. Applicable Law includes, but is in no way limited to, AB 939, AB 341, AB 1826, and SB 1383. “Approved Facility(ies)” means any one of or any combination of the: Approved Materials Recovery Facility; and/or Approved Organic Materials Processing Facility. “Approved Disposal Facility” means the Cold Canyon Landfill as the primary, and Chicago Grade Landfill, or the Santa Maria Landfill, as alternatives, which have been selected by the Contractor and approved by the City. Contractor shall notify City before using an alternative facility. “Approved Materials Recovery Facility” means the Materials Recovery Facility at Cold Canyon Processing Facility, which has been selected by the Contractor and approved by the City. “Approved Organic Materials Processing Facility” means the Hitachi Zosen lnova (HZI) Kompogas Facility located at 4300 Old Santa Fe Rd, San Luis Obispo, CA 93401, and Engel & Gray Inc. Regional Compost Facility, located at 745 West Betteravia Road, Santa Maria, California, which have been selected by the Contractor and approved by the City. “Approved Processing Facility(ies)” means any one of or any combination of the: Approved Materials Recovery Facility; Approved Disposal Facility; or Approved Organic Materials Processing Facility. “Bin” means a Container with capacity of approximately one (1) to eight (8) cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front end-loading and/or rear- end-loading Collection vehicle, including Bins with Compactors attached to increase the capacity of the Bin. “Business Days” mean days during which the City and Contractor offices are open to do business with the public. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). “CalRecycle” means California's Department of Resources Recycling and Recovery. “Cart” means a plastic Container with a hinged lid and wheels that is serviced by an automated or semi-automated Collection vehicle. A Cart has capacity of 20, 35, 64 or 96 gallons (or similar volumes). Page 122 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 "City" means the City of Arroyo Grande, a political subdivision of the State of California, and all the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the term, acting through the City Council or the City Manager. The City may designate responsibilities to one or more third parties, in writing, between the City Manager and the designee. “City Manager” means the City staff member or their designee responsible for contract management and maintenance. "Collect" or "Collection" means to take physical possession, Transport, and remove Discarded Materials and other material at the place of generation in the City. “Commercial” shall mean of, from, or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property. “Compactor” means a mechanical apparatus that compresses materials together with the Container that holds the compressed materials or the Container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two (2) to eight (8) cubic yard Bin Compactors serviced by front-end loader Collection vehicles and ten (10) to fifty (50) cubic yard Drop Box Compactors serviced by Roll-Off Collection vehicles. “Complaint” shall mean each written or orally communicated statement made by any Person, whether to City or Contractor, alleging: (1) non-performance, or deficiencies in Contractor’s performance, of its duties under this Agreement; (2) a violation by Contractor of this Agreement; or, (3) an SB 1383 Non-Compliance Complaint as required under 14 CCR Section 18995.3. “Compost” (or any variation thereof) includes a controlled biological decomposition of Organic Materials yielding a safe and nuisance free Compost product. “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for Compostability. "Container" means Bins, Carts, Compactors, and franchise Roll-Offs. “County” means the County of San Luis Obispo, a political subdivision of the State of California. “Customer” means the Person whom Contractor submits its billing invoice to and collects payment from for Collection services provided to a Premises. The Customer may be either the Occupant or Owner of the Premises. “Customer Notice” means the Contractor’s notice to Customer(s) as described in Section 4.7. “Designated Waste” means non-Hazardous Waste which may pose special Disposal problems because of its potential to contaminate the environment, and which may be Disposed of only in Class II Disposal sites or Class III Disposal sites pursuant to a variance issued by the California Department of Health Services. Designated Waste consists of those substances classified as Page 123 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 Designated Waste by the State, in California Code of Regulations Title 23, Section 2522 as may be amended from time to time. “Discarded Materials” means Recyclable Materials, Organic Materials, and Solid Waste placed by a Generator in a receptacle and/or at a location for the purposes of Collection by Contractor, excluding Excluded Waste. “Dispose” or “Disposal” (or any variation thereof) means the final disposition of Solid Waste, or Processing Residue at a Disposal Facility. “Disposal Facility” means a landfill, or other facility for ultimate Disposal of Solid Waste. “Divert” or “Diversion” (or any variation thereof) means to prevent Discarded Materials from Disposal at landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, Recycling, Composting, anaerobic digestion or other method of Processing, subsequent to the provisions of AB 939. Diversion is a broad concept that is to be inclusive of material handling and Processing changes that may occur over the Term including, but not limited to, changes in standard industry practice or implementation of innovative (but not necessarily fully proven) techniques or technology that reduce Disposal risk, decrease costs and/or are for other reasons deemed desirable by the City. “Dwelling Unit” means any individual living unit in a; Single-Family dwelling (SFD) or Multi-Family dwelling (MFD) structure or building, a mobile home, or a motor home located on a permanent site intended for, or capable of being utilized for, Residential living other than a hotel or motel. “Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement. “Effective Date” means the date on which the latter of the two Parties signs this Agreement. “Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that Contractor reasonably believes would, as a result of or upon Disposal, be a violation of local, State or Federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be Disposed of in Class III landfills, waste that in Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include Used Motor Oil or Use Motor Oil Filters when properly placed for Collection by Contractor, as set forth in this Agreement. “Federal” means belonging to or pertaining to the Federal government of the United States. Page 124 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 “Food Recovery” means actions to Collect and distribute food for human consumption which otherwise would be Disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food Scraps" means those Discarded Materials that will decompose and/or putrefy including: (i) all kitchen and table Food Waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (iv) vegetable trimmings, houseplant trimmings and other Compostable Organic Waste common to the occupancy of Residential dwellings. Food Scraps are a subset of Food Waste. “Food-Soiled Paper” means Compostable paper material that has come in contact with Food Scraps or liquid, such as, but not limited to, Compostable paper plates, napkins, and pizza boxes. Food - Soiled Paper is a subset of Food Waste. “Food Waste” means Source Separated Food Scraps and Food-Soiled Paper. Food Waste is a subset of Organic Materials. "Garbage" see also “Solid Waste”. “Generator” has the same meaning as “Waste Generator”. “Green Waste” means tree trimmings, grass cuttings, dead plants, leaves, branches, dead trees and scrap wood (not more than six (6) inches in diameter) and similar materials generated at the Premises. Green Waste is a subset of Organic Materials. Acceptable Green Waste may be added to or removed from this list from time to time by mutual consent or at the sole discretion of the City. Contractor shall not add or remove materials to or from this list without written approval from the City Manager or signed amendment to the Agreement, and such approval shall not be unreasonably withheld. “Hazardous Substance” means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous Wastes", "toxic waste", "pollutant", or "toxic substances", or similarly identified as hazardous to human health or the environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and, (vii) California Water Code §13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other Applicable Law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl’s (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products. “Holidays” are defined as New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. “Household Hazardous Waste” or “HHW” means Hazardous Waste generated at Residential Premises within the City. HHW includes: paint, stain, varnish, thinner, adhesives, auto products such Page 125 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 as old fuel, Used Motor Oil and Filter, Used Oil Filter, batteries, household batteries, fluorescent bulbs , tubes, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets. “Infectious Waste” means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time. “Liquidated Damages” means the amounts due by Contractor for failure to meet specific quantifiable standards of performance as described in Section 12.3. "Member Agency” means any jurisdiction that has allocated some or all of its Solid Waste powers to a Solid Waste Joint Powers Authority as defined by the Memorandum of Agreement related to the jurisdiction’s compliance with Applicable Law. "Multifamily Dwelling Unit" means, not withstanding any contrary definition in Municipal Code, any Premises, other than a Single-Family Dwelling Unit, with five (5) or more Dwelling Units used for Residential purposes, irrespective of whether the resident therein is transient, temporary or permanent, including such Premises when combined in the same building with Commercial establishments, that receive centralized, shared, Collection service for all units on the Premises which are billed to one (1) Customer at one (1) address. Customers residing in Townhouses, mobile homes, condominiums, or other structures with five (5) or more Dwelling Units who receive individual service and are billed separately shall not be considered Multi-Family. “Occupant” means the Person who occupies a Premises. “Organic Materials” means Green Waste and Food Waste, individually or collectively. No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Recyclable Material and Solid Waste. Organic Materials are a subset of Organic Waste. “Organic Waste” means wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Green Waste, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively. “Party” or “Parties” refers to the City and Contractor, individually or together. "Premises" means any land or building in the County where Discarded Materials are generated or accumulated. “Process” or “Processing” means to prepare, treat, or convert through some special method. “Processing Facility” means any plant or site used for the purpose of sorting, cleansing, treating or reconstituting Recyclable Materials for the purpose of making such material available for Recycling or reuse or the facility for the Processing and/or Composting of Organic Materials. Page 126 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 “Prohibited Container Contaminants” means the following: (i) Discarded Materials placed in the Recyclable Materials Container that are not identified as acceptable Recyclable Materials for the City’s Collection program; (ii) Discarded Materials placed in the Organic Materials Container that are not identified as acceptable Organic Materials for the City’s Collection program; (iii) Discarded Materials placed in the Solid Waste Container that are acceptable Recyclable Materials and/or Organic Materials to be placed in the City’s Recyclable Materials or Organic Materials Containers or otherwise managed under the City’s Collection program; and, (iv) Excluded Waste placed in any Container. "Recyclable Materials" means by-products or discards set aside, handled, packaged or offered for Collection from Residential, Commercial, governmental or industrial Customers in a manner different from Solid Waste or Organic Materials, including, but not limited to, aluminum, newspaper, clear and colored glass, tin and bi-metal, all plastic containers, cardboard, chipboard, magazines, mixed paper (including magazines, phone books and junk mail) and motor oil and filters (separately collected). Acceptable Recyclable Materials may be added to or removed from this list from time to time by mutual consent or at the sole discretion of the City. Contractor shall not add or remove materials to or from this list without written approval from the City Manager or signed amendment to the Agreement, and such approval shall not be unreasonably withheld. “Residential” shall mean of, from, or pertaining to a Single-Family Premises or Multi-Family Premises including Single-Family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments. “Residue” means those materials which, after Processing, are Disposed rather than Recycled due to either the lack of markets for materials or the inability of the Processing Facility to capture and recover the materials. “Roll-Off” means an open-top or lidded Container with a capacity of seven (7) to forty (40) cubic yards that is serviced by a franchise Roll-Off Collection vehicle. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. For the purposes of this Agreement, SB 1383 specifically refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted on November 3, 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR. “SB 1383 Qualified Renewable Natural Gas” or “SB 1383 RNG” means SB 1383 qualified gas derived from Organic Waste that has been Diverted from a landfill and Processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62). “Self-Haul” or “Self-Hauler” means a Person who hauls Discarded Materials, recovered material, or any other material, to another Person, or as otherwise defined in 14 CCR Section 18982(a)(66). Self-Contractor also includes a Person who back-hauls waste, as defined in 14 CCR Section 18982(a)(66)(A). Page 127 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 “Service Level” refers to the size of a Customer’s Container and the frequency of Collection service. “Single-Family” or “SFD” means, notwithstanding any contrary definition in Municipal Code, any detached or attached house or residence designed or used for occupancy by one (1) family, provided that Collection service feasibly can be provided to such Premises as an independent unit, and the Owner or Occupant of such independent unit is billed directly for the Collection service. Single-Family includes Townhouses that maintain individual collection service regardless of whether each unit is separately billed for their specific Service Level. Single-Family also includes duplex, tri- plex, or four-plex Residential structures regardless of whether each unit maintains individual collection service or is separately billed for their specific Service Level. “Solid Waste” means all putrescible and non-putrescible refuse, garbage, rubbish, and Recyclable Materials, and as otherwise defined in Public Resources Code §40191 and regulations promulgated hereunder. Excluded from the definition of Solid Waste are Excluded Waste, Source Separated Recyclable Materials, Source Separated Organic Materials, and radioactive waste. Notwithstanding any provision to the contrary, Solid Waste may include de minimis volumes or concentrations of waste of a type and amount normally found in R esidential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of Household Hazardous Waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid Waste includes salvageable materials only when such materials are included for Collection in a Solid Waste Container not Source Separated from Solid Waste at the site of generation. “Source Separated” means the segregation, by the Generator, of materials designated for separate Collection for some form of Recycling, Composting, recovery, or reuse. “State” means the State of California. “Subcontractor” means a Party who has entered into a contract, express or implied, with the Contractor for the performance of an act that is necessary for the Contractor’s fulfillment of its obligations for providing service under this Agreement. Vendors providing materials and supplies to Contractor shall not be considered Subcontractors. “Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand (2,000) standard pounds. “Townhouse” means an attached or semi-attached Dwelling Unit within a group of attached or semi-attached Dwelling Units. A Townhouse shall be considered a Single-Family Dwelling Unit if each unit maintains individual Collection service subscription. A Townhouse shall be considered a Multi-Family Dwelling Unit if the Premise receives centralized, shared, Collection service for all units on the Premise. These shall be the designations regardless of whether the Premises are billed individually or through a central account (e.g., homeowner association, property manager). “Transfer” means the act of transferring the materials Collected by Contractor in its route vehicles into larger vehicles for Transport to other facilities for the purpose of Recycling or Disposing of such materials. “Transport” or “Transportation” means the act of conveying Collected materials from one location to another.” Page 128 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 Article 4. Scope of Agreement 4.1 Scope of Agreement Article 4, Section 4.1 of the Agreement is hereby amended as follows: “Subject to Article 4.2 (Limitations to Scope), the Agreement granted to Contractor shall be exclusive for Discarded Materials except where otherwise precluded by law. This Agreement does not include construction and demolition debris, Roll Off box Collections or the Collection of liquid waste, Hazardous Waste, medical waste,; however, City reserves the right to add construction and demolition debris, at its sole discretion, at some point in the future. In addition this Agreement does not include either animal waste or remains from slaughterhouse or butcher shops or by-products of sewage treatment, including sludge, ash, grit and screenings. 4.2 Limitations of Scope Article 4, Section 4.2 of the Agreement is hereby amended as follows: “The Agreement for the Collection, Processing and marketing of Recyclable Materials and Organic Materials granted to Contractor shall be exclusive except as to the following categories of Recyclable Materials and Organic Materials listed in this Article. The granting of this Agreement shall not preclude the categories of Recyclable Materials or Organic Materials listed below from being delivered to and Collected and Transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any Person from obtaining any authorization from City that is otherwise required by law: A. Recyclable Materials or Organic Materials separated from Solid Waste by the Waste Generator and for which Waste Generator sells or is otherwise compensated by a collector in a manner resulting in a net payment to the Waste Generator for such Recycling or related services; provided that such separation and Recycling or Disposal are actually performed by the Waste Generator, and not by a Subcontractor or other third-party; B. Recyclable Materials or Organic Materials donated to a charitable, environmental or other non-profit organization; provided, however, that all such Recyclable Materials are substantially separated from non-Recyclable Solid Waste by the Waste Generator C. Recyclable Materials or Organic Materials which are separated at any Premises and which are Transported by the Owner or Occupant of such Premises (or by their full-time employee) to a Recycling center; D. Other Governmental Agencies within the City which can contract for separate Solid Waste, Recycling and Organic Materials services. E. Contractor shall cooperate with and shall not impede, interfere, or attempt to impede or interfere with the implementation, expansion, or operation of Edible Food Recovery efforts in the City. This Agreement to Collect, Transport, Process, and market Recyclable Materials and Organic Materialsshall be interpreted to be consistent with State and Federal laws, now and during the term of the Agreement, and the scope of this Agreement shall be limited by current and developing State and Federal laws with regard to Recyclable Materials and Organic Materials handling, Recyclable Materials and Organic Materials flow control, and related doctrines. In the event that changes in Page 129 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 law limit the ability of the City to lawfully provide for the scope of services as specifically set forth herein, Contractor and City agree to work in good faith to amend the scope of the Agreement so as to comply with such changes in law, and the City shall not be responsible for any lost profits and/or damages claimed by the Contractor as a result of changes in law.” 4.7 City’s Right To Perform Service; Tagging of Improper Set-Outs, and Prohibited Container Contaminants Article 4, Section 4.7 of the Agreement is hereby retitled and amended as follows: “City’s Right to Perform Service. In the event Contractor fails to Collect, remove, and Dispose of Discarded Materials on a Customer’s regularly scheduled Collection day, within twenty-four (24) hours of a request from City or a Customer to do so, City may Collect said Discarded Materials and Contractor shall be liable for all related expenses incurred by City. Such expenses include but are not limited to Disposal, administrative, and legal costs. Contractor shall reimburse City for such expenses as required. 4.7.1 Customer Notices A. General. If the Contractor observes twenty percent (20%) or more Prohibited Container Contaminants in a Customer’s Container or does not Collect any item or Container of Discarded Materials due to a Customer’s non- compliance with rules and regulations for proper set-out, Contractor shall attach a Customer Notice, subject to City’s approval, securely to the item or Container specifying the identified non-compliance issues. The Customer Notice shall contain Contractor’s name, telephone number, and information described below. The Customer Notice shall, at a minimum: 1. Inform the Customer of the reason for the Customer Notice; and 2. Include the date and time the issue was observed. In addition, upon the identification of Prohibited Container Contaminants in a Customer’s Container as specified in this Section, the Contractor shall provide the Customer with the following information in the Customer Notice, or through another form of communication such as mail, e-mail, text message, or over the phone: 1. Information on the Customer’s requirement to properly separate materials into the appropriate Containers, and the accepted and prohibited materials for Collection in each Container; 2. Inform the Customer of the contaminated materials on this occasion with information that the Contractor may assess contamination Processing fees and/or may not Collect the Container in the future; and, 3. Include photographic evidence of the violation(s). B. Upon identification of Prohibited Container Contaminants. If the Contractor Collects contaminated Recyclable Materials and/or Organic Materials Containers, Contractor shall either Transport the material to the appropriate Approved Facility for Processing; or, Contractor may Collect the contaminated materials with the Solid Waste and Transport the contaminated materials to the Approved Disposal Facility. A Collection of contaminated Page 130 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 Recyclable Materials or Organic Materials where the materials are sent to the Approved Disposal Facility may be made with a Solid Waste Collection vehicle, provided that the contaminants may safely and lawfully be Collected as Solid Waste. C. Communications with Customer. Whenever a Container at the Premises of a Customer is not Collected, Contractor shall contact the Customer on the scheduled Collection day by telephone, email, text message, or other verbal or electronic message to explain why the Container was not Collected. Whenever a Container is not Collected because of Prohibited Container Contaminants, a Customer service representative shall contact the Customer to discuss, and encourage the Customer to adopt proper Discarded Materials preparation and separation procedures. D. Contractor Return for Collection. Upon request from Customer, Contractor shall Collect Containers that received Customer Notices specifying non-Collection within one (1) Working Day of Customer’s request. Contractor shall bill Customer for the extra Collection service event (“extra pick-up”) at the applicable City-approved Rates only if Contractor notifies Customer of the premium Rate for this service at the time the request is made by Customer. E. Assessment of Contamination Processing Fees. If the Contractor observes twenty percent (20%) or more Prohibited Container Contaminants and has issued a Customer Notice specifying a Collection, the Contractor may impose a contamination rate approved by the City for that Customer’s Service Level, if and only if Contractor has informed the Customer of the potential for a Processing fee pursuant to this Section. The intent of contamination fees is to provide a behavioral tool to educate and prevent Customers from placing Source Separated Discarded Material into the improper designated Container(s). To ensure that assessment of fees are to be used for the intended purposes and not as a form of revenue generation, After the first issuance of a Customer Notice for the observance of Prohibited Container Contaminants in one (1) calendar year, Contractor may issue a fee of ten (10) dollars. After the second observance of Prohibited Container Contaminants in the same calendar year, Contractor may issue a fee of twenty (20) dollars. After the third observance of Prohibited Container Contaminants in the same calendar year, Contractor may issue a fee of thirty (30) dollars. In the fourth and any subsequent observances of Prohibited Container Contaminants in the same calendar year, Contractor may increase the contamination Processing fee by ten (10) dollar increments and may Collect the contaminated materials with the Solid Waste and Transport the contaminated materials to the Approved Disposal Facility, provided that the contaminants may safely and lawfully be Collected as Solid Waste. F. Suspension of Contamination Processing Fee Program. Contractor agrees that contamination fees shall not exceed one percent (1%) of Contractor’s Gross Receipts in any calendar quarter. In the event that contamination fees exceed one percent (1%) of Contractor’s Gross Receipts in any calendar quarter, the assessment of contamination fees shall be suspended immediately and indefinitely pending a program assessment by the City and Contractor. Upon program suspension or at the request of the City at any time during the Term of the Agreement, City and Contractor shall meet and confer regarding the application and effectiveness of contamination fees in accomplishing the behavior change. If the program is suspended due to excessive revenue generation, the City may require Contractor to either: i) modify the program parameters; ii) modify the amount of the contamination fee; or, iii) return to the City any funds generated by the contamination fee which exceed one percent (1%) of Contractor’s Gross Receipts for a given period of time. Page 131 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 G. City Actions upon Identification of Prohibited Container Contaminants. The City or its designee shall perform SB 1383 activities required for the identification of Prohibited Container Contaminants which includes but is not limited to, record keeping, provision of educational notices and reporting.” Article 5. Direct Services 5.1 General Article 5, Section 5.1 of the Agreement is hereby amended as follows: “The work to be done by Contractor pursuant to this Agreement shall include the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services, as set forth in this Agreement. The enumeration of, and specification of requirements for, particular items of labor or equipment shall not relieve Contractor of the duty to furnish all others, as may be required, whether enumerated or not. The work to be done by Contractor pursuant to this Agreement shall be accomplished in a thorough and professional manner so that the Residents and Commercial Businesses within the City are provided reliable, courteous and high-quality Discarded Materials Collection services at all times. The enumeration of, and specification of requirements for, particular aspects of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the manner provided in this Article, whether such aspects are enumerated elsewhere in the Agreement or not.” 5.2 Solid Waste. Recycling and Organic Material Services Article 5, Section 5.2 of the Agreement is hereby amended as follows: “No later than the Effective Date, Contractor shall provide regular weekly Collection of Discarded Materials for all places and Premises within City, or such other level of service as may be determined by City with the consent of Contractor and at rates established by this Agreement. Contractor shall provide more frequent Collection services at rates established by this Agreement for those Premises within the City that generate larger volumes of Solid Waste. Contractor shall provide regular Collection of Recyclable Materials and Organic Materials placed in Containers at the designated Collection locations for Single-Family Dwelling Units, Multifamily Dwelling Units and Commercial businesses , all at the Rates established by this Agreement and in Containers that comply with the requirements of this Agreement. Contractor shall Transport all Discarded Materials to the Approved Facility(ies) as specified in Sections 5.7 and 5.10. Residential Recyclable Material and Organic Materials Collection shall be collected weekly on the same day of the week as Solid Waste Collection service, unless in-yard service is provided or Customer has received a waiver pursuant to Section 6.12. Commercially Generated Recyclable Materials and Organic Materials Collection shall be on a schedule as determined by Contractor and the Waste Generator. No later than the Effective Date, Contractor shall implement an Organic Materials Collection program that allows Generators to commingle Food Waste and Green Waste in the Organic Materials Containers to all Residential, Multi-family, and Commercial business with exception to any waivers granted pursuant to Section 6.12. Contractor shall provide Organic Materials Collection service, as described in this Section of the Agreement, and Transport the Organic Materials to (i) Page 132 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 the Approved Organic Waste Processing Facility. Contractor recognizes that because of an unusual circumstance, a Single-Family Dwelling Unit may generate more Recyclable Material than will fit in the blue Recyclable Materials Container. The excess Recyclable Material may be neatly placed next to the blue Container and Contractor will Collect the excess Recyclable Material at no additional charge. This extra service to a Single-Family Dwelling Unit shall be limited to a frequency of once per month and a quantity to an amount that will fit into the existing blue Recycling Materials Container. Handicapped residents who reside in a Single-Family Dwelling Units shall have the option of placing their Containers near their Dwelling Unit, visible from the curb and the Contractor will collect their Containers at this location and return the Containers to the same location. To be eligible for this Collection option, residents must present proof of their physical incapacity to the Contractor.” 5.3 Recyclable Materials to be Collected Article 5, Section 5.3 of the Agreement is hereby removed in its entirety. 5.4 Refusal to Provide Collection Services Article 5, Section 5.4 of the Agreement is hereby amended as follows: “Contractor may refuse to Collect Recyclable Materials or Organic Waste and shall not be obligated to continue to provide Container(s) to any participant in the Recycling or Organic Waste program who, after reasonable warning by Contractor, fails to properly sort and set out Recyclable Materials or Organic Waste, including excessive contamination. Contractor shall report monthly to City any warning notices issued as described in Exhibit G.” 5.5 Marketing and Sale Recyclable Materials and Organic Materials Article 5, Section 5.5 is hereby retitled, and amended as follows: “Contractor shall be responsible for the marketing and sale of all Recyclable Materials and Organic Materials Collected pursuant to this Agreement. Revenues from the sales of these materials shall be retained by Contractor.” 5.6.1 Schedules Article 5, Section 5.6.1 of the Agreement is hereby amended as follows: “To preserve peace and quiet, no Discarded Materials shall be Collected from or within two-hundred (200) feet of Residential Premises between 5:00 P.M. and 6:00 AM. on any day. Residential Discarded Materials shall be Collected Monday through Friday on the same day. The one exception is the Contractor may elect to collect motor oil and filters with a separate vehicle using an on-call program. When the regularly scheduled Collection day falls on Christmas, Collection shall take place on the following regularly scheduled Collection day. In the event the Contractor misses the Collection of properly set out Discarded Materials the Contractor shall collect the missed pickups within one (1) Business Day of notification.” 5.6.3 Discarded Materials Containers Article 5, Section 5.6.3 of the Agreement is hereby retitled, and amended as follows: Page 133 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 “Contractor shall supply each Single-Family Dwelling Unit with a 32, 64 or 96-gallon Container for Solid Waste. The monthly service fee for each size Container is shown in Exhibit A. In addition, each Single-Family Dwelling Unit will receive from Contractor a 64 or 96-gallon Container for all commingled Recyclable Materials and a 64 or 96-gallon Container for Organic Materials. If requested by Customer, Contractor shall provide to the Customer a 64, or 96 gallon Recyclable Container and a 96 gallon Organic Materials Container. The Contractor shall provide kitchen pails designed to contain Food Scraps prior to placement in the Customer’s Organic Materials Cart. Contractor will be responsible for distribution of kitchen pails to Single-Family and Multi-Family Customers upon request, from Contractor’s office beginning the Effective Date. City or its designee may restock Contractor inventories at local offices for distribution to new residents or residents who need a replacement. Contractor shall supply each Multi-Family complex and Commercial or governmental agency with appropriately sized Containers for Discarded Materials. Contractor agrees to provide additional Containers, as requested, by all Persons at the rate as shown on Exhibit A. Note that all Multi-Family complex and Commercial or governmental agency Customers shall be entitled to the free Collection of an unlimited quantity of Recyclable Material picked up twice per week. Contractor agrees not to limit the specific type of Recyclable Material (such as cardboard only) that can be pl aced in a Container unless approved by the City on a Customer by Customer basis. All Solid Waste Cart lids shall be black/grey, all Recyclable Materials Cart lids shall be blue, and all Organic Materials Cart lids shall be green. All Solid Waste Bin, Compactor, and franchise Roll-Off lids or bodies shall be black/grey, all Recyclable Materials Bin, Compactor, and franchise Roll-Off lids or bodies shall be blue, and all Organic Materials Bin, Compactor, and franchise Roll-Off lids or bodies shall be green. No later than December 31, 2035, Contractor shall provide all Customers with Collection Containers that comply with the Container color requirements specified in this Section or as otherwise specified in 14 CCR Section 18982; 14 CCR, Division 7, Chapter 12, Article 3; or other Applicable Law. If an existing Container breaks or is otherwise rendered non-functional on or after January 1, 2022, the Contractor shall replace the non-functional Container with a Container that complies with the color requirements of this Section. Notwithstanding this Section, the Contractor is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Section prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first. Any new Containers for Recyclable Materials shall include an in molded graphic or sticker which provides instructions to the Waste Generator. The final color and signage, including the in molded graphic or sticker on the Containers shall be approved by the City Manager or their designee. City and Contractor acknowledge that from time to time, Containers become damaged or destroyed. City and Contractor also acknowledge that from time to time Containers may be stolen from the curb or damaged due to normal use. The fee schedule to replace lost or damaged Containers is shown on Exhibit A. All Contractor supplied Containers for Discarded Materials shall remain the property of Contractor. Containers damaged due to lack of reasonable care by the Customer, or Containers damaged by graffiti may be replaced by Contractor, the fee for which shall be the same as for lost or damaged Page 134 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 Containers as set forth on Exhibit A. Contractor may recover Containers used by Customers for other than their intended purpose.” 5.7 Disposal Requirements Article 5, Section 5.7 of the Agreement is hereby amended as follows: “A. Contractor shall Dispose of all Solid Waste Collected under this Agreement at Contractor's own expense and in accordance with all Federal, State and local laws, rules, and regulations. Contractor shall be responsible for securing an Approved Facility(ies) for Disposal of all Solid Waste Collected by Contractor pursuant to this Agreement. B. Contractor shall secure, within ninety (90) days of the Effective Date of this Agreement, sufficient Disposal site capacity commitment including landfill Disposal site capacity to adequately serve the reasonable anticipated Solid Waste Disposal needs of Contractor's Customers. City reserves the right to review and require approval for said Disposal capacity commitments. C. If Contractor receives notice from an Approved Facility operator, or otherwise finds, during the term of the Agreement, to be prevented from delivering Discarded Materials to the Approved Facility(ies), Contractor shall immediately notify, in writing, the City Manager, stating the reason(s) Contractor is prevented, or expects to be prevented, from delivering Solid Waste at the Approved Facility. Contractor shall expeditiously identify and evaluate alternative sites. An alternative designated site or sites shall be arranged for and secured by Contractor. D. The Parties understand and agree that City intends to commence and participate in waste Diversion and resource recovery programs pursuant to regional and/or local implementation of AB 939, AB 341, AB 1826, and other Applicable Laws, or such other programs as may be established by City. E. Contractor shall deliver all Solid Waste to any landfill which collects the San Luis Obispo County AB 939 Tipping Fee Surcharge and Waste Management Program Fund Fee, pursuant to County Resolution No. 90-383. If the Contractor delivers Solid Waste to a landfill which does not collect the County Tipping Fee Surcharge and Waste Management Program Fund Fee, the Contractor will make, on a monthly basis, the equivalent payment directly to the County's Waste Management Tipping Fee - AB 939 Trust Fund #0159 and Waste Management Tipping Fee Trust- Site Fund# 0160. F. Payment of the equivalent fees shall be made to County within thirty (30) days after the end of each calendar month, or prorated portion thereof, in which the Contractor delivers waste to an alternate facility. In the event that Payment is not received by County within thirty (30) days after the date specified, then Contractor shall pay a penalty of ten percent (10%) on the outstanding balance, and Contractor shall also pay to County interest on the outstanding balance at a rate of ten percent (10%) per annum, or the maximum legal rate of interest, whichever is greater, from the date of Contractor's failure to pay. G. As of March 1, 2007 the Tipping Fee Surcharge for Fund # 0159 is $3.00 per Ton and the Waste Management Program Fund Fee for Fund # 0160 is $0.40 per Ton. Payments made by the Contractor shall be sent to the County Franchise Coordinator along with an itemized statement regarding how the payment was calculated. Payments shall be adjusted to reflect any future changes in the amount of these fees.” Page 135 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 5.8 Cleaning Containers Article 5, Section 5.8 of the Agreement is hereby retitled, and amended as follows: “Contractor shall steam clean and refurbish all Commercial Bins at Contractor's own expense every 6 months upon request. Customers desiring more frequent cleaning may arrange additional cleaning with Contractor at a Rate established by City, including pick- up, cleaning, and replacement of Bins. Contractor shall set a steam cleaning fee and/or a clean Container exchange fee for Organics Materials Containers to Residential Customers requesting such service up to two (2) times per year per Organics Container.” 5.9 Clean-Up Days Article 5, Section 5.9 of the Agreement is hereby amended as follows: “At least twice per year throughout the term of this Agreement, Contractor shall provide, in addition to regularly scheduled service, two clean-up events pursuant to guidelines established by the Contractor and approved by the City, for Solid Waste placed at the curb by Single Family Dwelling Units and at pre-arranged locations for Multi-Family Residential properties in addition to each Customer's normal Collection service. The dates for each event shall be proposed by Contractor and approved by the City Manager, or their designee prior to September 1st of each year. Contractor shall record by class and weight (in Tons) the Solid Waste, white goods, etc., Collected during the clean-up events. Contractor shall record the kinds and weights (in Tons) of Solid Waste Diverted during these clean-ups from the landfill through Recycling, reuse, transformation or other means of Diversion. Contractor shall maintain the separation of any Collected Green Waste from other acceptable materials during clean-up days and Transport Green Waste to the Approved Organic Material Processing Facility.” 5.11 Material Processing Article 5, Section 5.11 of the Agreement is hereby amended as follows: 5.11.1 “Receipt of Recyclable Material and Organic Material The Contractor shall have in place or have made arrangements for an Approved Materials Recovery Facility and Approved Organic Materials Facility to receive and accept all deliveries of Recyclable Materials and Organic Materials generated in the City. 5.11.2 Status of Materials Recovery Facility The Approved Materials Recovery Facility shall be a Facility or operation that Processes Single- Family, Multi-Family, and Commercial Source Separated Recyclable Materials to recover materials designated for Collection in the Recyclable Materials Container. Any Approved Materials Recovery Facility used by contractor must be designed and constructed in accordance with all State and local laws and other Applicable Laws (e.g., CEQA, California Code of Regulations, etc.). The Approved Materials Recovery Facility must have all permits from Federal, State, regional, County and city Page 136 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 agencies necessary for it to operate as a Material Recovery Facility and must be in full regulatory compliance with all such permits and Applicable Law. The selected Approved Materials Recovery Facility must be authorized to accept, under its existing permit, and have sufficient uncommitted capacity to accept, all Recyclable Materials and/or Organic Materials delivered to it by, or on behalf of, Contractor for the term of this Agreement. Contractor shall immediately notify City of any notice of breach or default received from Approved Materials Recovery Facility. Contractor’s Approved Organic Material Processing Facility shall be a Facility that Processes Single- Family, Multi-Family, and Commercial Source Separated Organic Waste to recover Organic Material. 5.11.3 Alternative Processing Facility If Contractor becomes unable to deliver the City's Recyclable Materials to the Materials Recovery Facility due to causes within its control and which could have been avoided by the exercise of due care, the Contractor shall arrange for it to be accepted at another Materials Recovery Facility, in which case Contractor shall pay for any increased Transportation costs, any differences in the fees charged at such Materials Recovery Facility and the fees then in effect under this Agreement. If Contractor's inability to deliver the City's Recyclable Materials to the Materials Recovery Facility is not due to causes within its control or which could have been avoided by the exercise of due care, then Contractor shall propose alternative Material Recovery Facilities including all related costs and City shall have the right to approve the alternative to be used. The City shall pay for the increased cost of using an alternative facility. Contractor shall provide notice by email to the City within forty- eight (48) hours of the use of an alternative Processing Facility. Contractor shall keep all existing permits and approvals necessary for use of the Approved Processing Facility in full regulatory compliance. Upon request, Contractor shall provide copies of facility permits and/or notices of violations (obtained from its Processing Facility if necessary) to City Manager. 5.11.4 Disposition of Unauthorized Waste It is understood that the Contractor is not authorized and is not required hereunder to Collect and Transport Hazardous Waste or restricted or other waste that is not acceptable or permitted for Disposal at a Transfer station, Material Recovery Facility, or Disposal site. In addition, Contractor shall not be required to Collect Containers that are not set out or filled in accordance with, or do not meet Contractor's Collection requirements. Regardless of the reason, when any Discarded Materials or other material is not Collected by Contractor, Contractor shall leave a tag on the material stating the reasons for Contractor's refusal to Collect the same. Adequate records of the tags shall be maintained by Contractor and shall be available to the City for inspection upon reasonable notice during business hours. If Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Waste unlawfully Disposed of or released in reportable quantities in the City, including on, in, under or about City property, including streets, easements, rights of way and City waste Containers, Contractor shall immediately notify the City of the same. If Contractor discovers Hazardous Waste, or other material that may not be legally accepted, among materials that it has inadvertently accepted, Contractor may either return such materials to the applicable Waste Generator or Dispose of such waste at its own expense and Page 137 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 pursue all legal rights and remedies it may have against the Waste Generator(s) of such Hazardous Waste, if the Waste Generator(s) can be identified.” Article 6. Other Services: Billing, Reporting, Record-Keeping and Public Education 6.10 Public Education Article 6, Section 6.10 of the Agreement is hereby amended as follows: “Contractor acknowledges and agrees that education and public awareness are critical, key and essential elements of any efforts to achieve requirements of Applicable Law including, but not limited to, AB 939,AB 341, AB 1826, AB 876, AB 901, SB 1383, and other current or future Federal, State or local regulations, as amended. Accordingly, Contractor agrees to take direction from City to exploit opportunities to expand public and Customer knowledge concerning needs and methods to reduce, reuse and Recycle Solid Waste and to cooperate fully with City in this regard. Contractor acknowledges that they are part of a multi-party effort to operate and educate the public about the regional integrated waste management system. Contractor shall cooperate and coordinate with the City Manager on public education activities to minimize duplicative, inconsistent, or inappropriately timed education campaigns. The Contractor shall cooperate with and shall not impede, interfere, or attempt to impede or interfere with the implementation, expansion, or operation of public education and outreach programs or campaigns conducted by the City. Contractor shall maintain its own program of providing information relevant to billing and Discarded Materials services, issues and needs with its bills. Contractor shall also include in Customer bills additional information, including information on Recycling programs, as directed by the City. Contractor shall bear all labor costs with respect to inserting public education materials with the billings. Contractor agrees to insert and distribute brochures, newsletters, or other information developed by the City, as inserts in Contractor’s Customer invoices at no additional charge to the City. Up to letter-sized bill inserts shall be designed and produced by the City, with review and comment by Contractor, and final approval by the City. Annually, Contractor shall be responsible for printing the bill inserts. For Customers receiving electronic bills, Contractor agrees to distribute brochures, newsletters, or other information developed by the City, as attachments to Customer invoices at no additional charge to the City. Contractor shall provide electronic bill inserts (or separate email attachments) to Customers who are billed electronically, and paper bill inserts to Customers who receive paper bills. Electronic bill inserts/attachments must be readily available for the Customer to view upon receipt of the invoice (attachments shall not be provided as links). Upon the City’s request for such inserts, Contractor shall comply with such request during its next billing cycle for the targeted Customer group. Contractor shall perform this service with no additional requirement for compensation. All public education materials shall be approved in advance by the City. Contractor shall obtain approval from the City on all Contractor-provided public education materials outside of the City’s education plan, including, but not limited to: print, radio, television, or internet media before publication, distribution, and/or release. All education and outreach materials detailed in this Section shall be provided in at the very least English and Spanish, as to comply with SB 1383 and other Applicable Law. City shall have the right to request that Contractor include City identification Page 138 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 and contact information on public education materials and approval of such requests shall not be unreasonably withheld. At the direction of the City, Contractor shall participate in and promote activities of AB 939, AB 341, AB 1826, SB 1383 and other current or future Federal, State or local regulations, as amended, and other Solid Waste management techniques at community events and local activities. Such participation would normally include providing, without cost, educational and publicity information promoting the goals of the City's Solid Waste program. Not less than once per year during each calendar, Contractor shall prepare and distribute to each Generator in the City a mailer that includes information specified in 14 CCR Section 18985.1(a). Such mailer shall be distributed by Contractor to all Residential and Commercial mailing addresses including individual Multi-Family Dwelling Units. Contractor shall also make this notice available in an electronic format through the Contractor’s website.” 6.12 Generator Waivers and Contract Exemptions (New) Article 6, Section 6.12 is hereby added to the Agreement as follows: 6.12.1 “General. The City or its designee may grant waivers described in this Section to Commercial or Multi-Family Generators that impact the scope of Contractor’s provision of service for those Customers; provided, the Generator shall continue to subscribe with Contractor for franchised Collection services to the extent such services are not waived by the City. Waivers issued shall be subject to compliance with SB 1383 requirements, pursuant to 14 CCR Section 18984.11, or other requirements specified by the City. 6.12.2 Generator Waivers. 6.12.2.1 De Minimis Waivers. The City or its designee may waive a Multi-Family’s, Commercial Business’, or its Property Owner’s obligation to comply with some or all of the Recyclable Materials and Organic Materials requirements set forth in this Agreement, SB 1383 Regulations, and the City Code if the Multi-Family, Commercial Business, or its Property Owner provides documentation, or the City has evidence demonstrating one of the following de minimis conditions: 6.12.2.1.1 The Multi-Family’s or Commercial Business’ total Solid Waste Collection service is two (2) cubic yards or more per week, and Organic Materials subject to Collection comprises less than twenty (20) gallons per week, per applicable Container, of the Multi-Family’s or Commercial Business’ total waste; or, 6.12.2.1.2 The Multi-Family’s or Commercial Business’ total Solid Waste Collection service is less than two (2) cubic yards per week, and Organic Materials subject to Collection comprises less than ten (10) gallons per week, per applicable Container, of the Multi-Family’s or Commercial Business’ total waste. 6.12.2.2 Space Constraint. The City or its designee may waive a Multi-Family’s, Commercial Business’, or its Property Owner’s obligation to comply with some or all of the Source Separated Recyclable Materials or Organic Materials Collection service requirements set forth in this Agreement, SB 1383 Regulations, and/or as required in the Municipal Code, in the event that the Generator qualifies for a space constraint waiver under the City’s Municipal Code. Page 139 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 6.12.3 Waiver Requests. Generators may submit requests for de minimis waivers and physical space waivers to the Contractor. If a Generator submits a request for a waiver to the Contractor, the Contractor shall refer the Generator to the City. Upon request of the City, the Contractor shall support the City in the waiver review process by providing requested Customer information. If the City or its designee grants a waiver to a Generator, the City shall notify the Contractor and Contractor shall update the Customer’s information and Service Level in accordance with Exhibit G.” 6.13 Procurement of Recovered Organic Waste Products Article 6, Section 6.13 is hereby added to the Agreement as follows: 6.13.1 SB 1383 Compliance. To assist the City in SB 1383 compliance related to organic waste product procurement, Contractor shall make reasonable efforts to provide SB1383 RNG, power, and Compost or Mulch as described below to maximize the procurement credit to the City. 6.13.2 “Renewable Natural Gas (RNG) Vehicles. Under this Agreement, the Contractor shall make a best effort for all Collection vehicles to be powered by SB 1383 RNG generated by a local facility or powered by SB1383 RNG that is purchased through a wheeling agreement with a party(ies), provided that the wheeling agreement is for purchase of gas derived from Organic Waste that has been Diverted from a Landfill and Processed at an in-vessel digestion Facility that is permitted or otherwise authorized by Title 14 of CCR to recover Organic Waste and meets the requirements of 14 CCR Section 18993.1(h). Upon City’s request, Contractor shall obtain and provide the City with a written certification by an authorized representative of the publicly-owned treatment works or the wheeling agreement contractor certifying that the in-vessel digestion facility produces the SB 1383 RNG consistent with the requirements of 14 CCR Section 18993.1(h). Contractor shall maintain records of the amount of SB 1383 RNG purchased and shall report this information in accordance with Exhibit D. Contractor shall agree to the City’s right to report this SB 1383 RNG usage toward the City’s fulfilment of its annual recovered Organic Waste product procurement target in accordance with 14 CCR Section 18993.1. 6.13.3 Power. To the extent that electricity produced from the Approved Organic Materials Processing Facility qualifies for City's procurement credit under SB 1383, City shall be allocated its proportional share of such qualified electricity usage based on the inbound tonnage delivered by City divided by the total inbound tonnage of the Approved Organic Materials Processing Facility for that same time period. 6.13.4 Compost Give-Away Events. Contractor shall make available for distribution an annual total of at least one thousand (1,000) cubic-yards of Compost for all Member Agencies, including but not limited to the City, utilizing the Approved Processing Facility to City residents at no additional cost to the City or Customers at two (2) public events. To the extent that such distribution qualifies for City's procurement credit under SB 1383, City shall be allocated its proportional share of such qualified procurement based on the inbound Tonnage of Organic Materials collected by Contractor from City divided by the total inbound Tonnage of the Approved Organic Materials Processing Facility to which Contractor delivered such City Tonnage during the applicable measurement period by each Member Agency. The location, date, and time of such events shall be determined by the City with notice provided to the Contractor within twenty (20) Business Days of the date of the event and may be held in conjunction with other City -approved events. Contractor shall deliver the Page 140 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 Compost to the agreed-upon event location at no cost to City. Contractor shall provide at least one (1) attendant for at least six (6) hours per event.” Article 7. Payments to City 7.2 AB 939/SB 1383 Reimbursement Fee Article 7, Section 7.2 of the Agreement is hereby retitled, and amended as follows: “If requested by City, Contractor shall pay an AB 939/SB 1383 Reimbursement fee to City each month, to be specified annually by City, and, in addition, if the San Luis Obispo Integrated Waste Management Authority "IWMA" currently implements an AB 939, SB 1383, or Solid Waste Management fee, shall pay that fee directly to the IWMA. Said fees shall be an allowable cost in Contractor’s rate application. All AB 939 fees, SB 1383 fees, or Solid Waste Management fees paid to City or IWMA shall be considered a pass-through cost for purposes of rate setting, and, as such if the City or IWMA changes these fees the Contractor’s rates shall be adjusted accordingly subject to all applicable laws and regulations. The City or the IWMA shall have the right to establish and adjust the AB 939, SB 1383, or Solid Waste Management fee at any time, provided that any changes are considered a pass through cost for the purposes of rate setting, at the time of the change in the AB 939, SB 1383, or Solid Waste Management fee.” 7.4 Other Fees Article 7, Section 7.4 of the Agreement is hereby amended as follows: “The City shall receive a landfill savings payment that recognizes the capital improvement saving at the landfill by entering into this Agreement. Within two (2) days of the effective date of this Agreement and on every annual anniversary of the effective date, the Contractor shall pay the City of Arroyo Grande $22,340. This payment shall not be included as a pass through cost for the purpose of rate setting and shall be adjusted annually by the same percent increase to the rates granted by the City. The City shall reserve the right to set "Other" Fees, as it deems necessary. These expenses will be determined and a fee designed to reimburse City. Such fees shall be set annually by City and may be considered a pass-through cost for purposes of rate setting, and as such if City adopts or changes these fees, Contractor’s rates shall be adjusted accordingly.” Article 9. Records, Reports and Information, Studies and Hearing Requirements 9.1 Records 1) Article 9, Section 9.1 of the Agreement is hereby amended as follows: “Contractor shall maintain records required to conduct its operations, to support requests it may make to City, to respond to requests of the City, and to help City fulfill its obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, SB 1383, and other current or future Federal, Stator or local regulations, as amended. Adequate record security shall be maintained to preserve records from events that can be reasonably anticipated such as a fire, theft and earthquake. Electronically maintained data and records shall be protected and an adequate backup system shall be provided for such data and records. The protection and backup Page 141 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 systems shall be subject to approval by the City. The following records shall be maintained for the City in form and detail satisfactory to the City, relating to:  Customer services and billing;  Weight of Solid Waste, especially as related to reducing and Diverting Solid Waste. Information is to be separated by kind of account;  Special annual clean-up event results;  Routes;  Facilities, equipment and personnel used;  Facilities and equipment operations, maintenance and repair;  Processing and Disposal of Solid Waste;  Complaints; and  Missed pick-ups. Contractor shall maintain records of Transfer, Diversion and Disposal of all Solid Waste Collected in the City for the period of this Agreement and all extensions to this Agreement or successor Agreements. In the event Contractor discontinues providing Solid Waste services to City, Contractor shall provide all records of Diversion and Disposal of all Solid Waste Collected within the City to City within thirty (30) days of discontinuing service. Records shall be in chronological order, and organized in a form readily and easily interpreted. Records for other programs shall be tailored to specific needs. In general, they shall include:  Plans, tasks, and milestones; and,  Accomplishments in terms such as dates, activities conducted, quantities of products used, produced or distributed, and numbers of participants and responses.” 9.3 Report Formats and Schedule Article 9, Section 9.3 of the Agreement is hereby amended as follows : “Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed. Reports are intended to compile recorded data into useful forms of information that can be used to, among other things:  Determine and set rates, and evaluate the financial efficacy of operations; and  Evaluate past and expected progress towards achieving goals and objectives; and  Determine needs for adjustment to programs; and  Evaluate Customer service and Complaints. The City may at no cost to itself request that Contractor provide such additional information in the reports set forth below as the City deems necessary or appropriate to meet its needs, including provision of AB 939 report information. Contractor may propose report formats that are responsive Page 142 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 to the objectives and audiences for each report. The format of each report shall be subject to approval by the City. Contractor shall submit all reports to the City, electronically via e-mail using software acceptable to the City. The City reserves the right to require the Contractor to maintain records and submit the reports required herein through use of the City-selected web-based software platform and/or Microsoft Excel spreadsheet, at the Contractor’s expense. Monthly reports shall be submitted within ten (10) calendar days after the end of the report month. Quarterly reports shall be submitted within fifteen (15) calendar days after the end of the quarter. Quarters end on November 30, February 28, May 31, and August 31. All reports shall be submitted to: City Manager City of Arroyo Grande PO Box550 Arroyo Grande, CA 93421” 9.4 Monthly Reports Article 9, Section 9.4 of the Agreement is hereby amended as follows: “The information listed shall be the minimum reported for each service:  Discarded Materials, Collected, Transferred, Diverted and Disposed of, by sector (Commercial, industrial, Residential) of Waste Generator-Collected by Contractor, in Tons, by month.  Complaint summary, for month and cumulative for report year, as above, summarized by nature of Complaints.  Narrative summary of problems encountered and actions taken with recommendations for the City, as appropriate.  All requirements specified in Exhibit G.” 9.5 Quarterly Report Article 9, Section 9.5 of the Agreement is hereby amended to as follows: “Quarterly reports shall be formatted and submitted as outlined in Exhibit G. ” 9.7 Additional Reports (NEW) Article 9, Section 9.7 is hereby added to the Agreement: “AB 901 Reporting. At the City’s option, the City may require that Contractor provide the City with the aggregate tonnage data related to AB 901 reporting that the City needs for its SB 1383 reporting, to the extent available to Contractor within five (5) Business Days of City request, or mutually agreed time. At the City’s option, the City may review specific Customer information; however, City shall not be permitted to make copies or take records specific to Customer information. Page 143 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 Article 12. Default, Remedies and Liquidated Damages 12.3 Liquidated Damages Article 12, Section 12.3 of the Agreement is hereby amended as follows: “A. General. City finds, and Contractor agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties acknowledge that consistent, reliable Discarded Materials service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in awarding the Agreement to it. The Parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if Contractor fails to achieve the performance standards, comply with Complaint resolution criteria, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages that City will suffer. Therefore, without prejudice to City's right to treat such non-performance as an event of default under this Article 12, the Parties agree that the following Liquidated Damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or inconvenient. Recognizing the importance of resolving any failure to meet the service performance standard, the City shall contact Contractor within two (2) days of any failing reported directly to the City. In addition Contractor agrees to meet with the City Manager within 2 days of a requested meeting to discuss the Contractor's performance. Contractor agrees to pay (as Liquidated Damages and not as a penalty) the amounts set forth below: Collection Reliability and Quality For each failure over five (5) annually to commence service to a new Customer account within seven (7) days after order: $150.00 For each failure over twenty-four (24) annually to Collect Discarded Materials, which as been properly set out for Collection, from an established Customer account on the scheduled Collection day and not Collected within 24 hours after notice of missed pick-up: $150.00 For each failure to Collect Discarded Materials, which have been properly set out for Collection, from the same Customer on two (2) consecutive scheduled pickup days: $150.00 For each occurrence over five (5) annually of damage to private property: $250.00 For each occurrence over ten (10) annually of discourteous behavior: $250.00 Page 144 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 For each failure over ten (10) annually to clean up Discarded Materials, spilled by Contractor from Containers: $150.00 For each occurrence over five (5) annually of Collecting Discarded Materials, during unauthorized hours: $250.00 For each failure to respond to a Customer Complaint within twenty-four (24) working hours: $100.00 Timeliness of Submissions to City REPORTS Any report shall be considered late until such time as City receives a correct and complete report. For each calendar day a report is late, the daily assessment shall be: Monthly Reports: For each infraction $25 per day Annual Reports: For each infraction $50 per day Violations: SB 1383 (New) Use of Unauthorized Facilities. For each individual occurrence of delivering Discarded Materials to a Facility other than an Approved Facility(ies) for each Discarded Material type under this Agreement: $0 for first five (5) failures; $1,000 per each subsequent failure Failure to Implement three-Container System. For each occurrence of failing to provide Customers with the three-Container system required by and compliant with Section 5.2 and 5.4 excluding Generators and Customers granted waivers pursuant to Section 6.12 of this Agreement, and excluding Generators and Customers that demonstrate compliance with Recycling and Organic Waste Self-Hauling requirements pursuant to City Municipal Code and 14 CCR Division 7, Article 12, Article: $100 / Generator or Customer / occurrence / Day until compliance achieved. Failure to Comply with Container Labeling and Colors. For each occurrence of Contractor’s failure to comply with Container labeling and color requirements pursuant to Section 5.6.3 of this Agreement: $150 / Container / occurrence Failure to Perform Public Education and Outreach. For each failure to perform any individual education and outreach activity as required and in the timeframe specified by this Agreement: $180 / occurrence Failure to Allow Access to Records. For each failure to provide access to records in compliance with and in the timeframe specified in this Agreement: $120 / day Failure to Issue Contamination Notices. For each failure of Contractor Collection personnel to issue contamination notices and maintain documentation of issuance as required by Section 4.7 of this Agreement.: $100 / Contractor Route / day Improper Fee Issuance. For each fee that is issued to a Generator without prior authorization from City under this agreement: $100 /Customer/Day Page 145 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 Liquidated damages will only be assessed after Contractor has been given the opportunity but failed to rectify the damages, as described in this Agreement (e.g., twenty-four (24) working hours to respond to a Complaint). City may determine the occurrence of events giving rise to Liquidated Damages through the observation of its own employees or representative or investigation of Customer Complaints. Prior to assessing Liquidated Damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s)/non-performance. Contractor may review (and make copies at its own expense) all information in the possession of City relating to incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a meeting with City. If a meeting is requested, it shall be held by the City Manager or their designee. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. The City Manager or designee will provide Contractor with a written explanation of his or her determination on each incident(s)/non-performance prior to authorizing the assessment of Liquidated Damages. The decision of the City Manager or designee shall be final. C. Amount. The City Manager or their designee may assess Liquidated Damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement. D. Timing of Payment. Contractor shall pay any Liquidated Damages assessed by City within thirty (30) days after they are assessed. If they are not paid within the thirty (30) day period, City may proceed against the security required by this Agreement or order the termination of this Agreement, or both.” Article 13. Other Agreements of the Parties 13.6 Subcontracting Article 13, Section 13.6 of the Agreement is hereby amended as follows: “Except as approved in writing by City, Contractor shall not enter into an agreement to have another Person perform Contractor’s duties of this Agreement. Contractor must obtain written agreements with Processing Subcontractors, including the Approved Organic Materials Processing Facility to the Facility’s capacity to Process Discarded Materials. Contractor shall undertake to pay City its reasonable expenses for attorney’s fees and investigation costs necessary to investigate the suitability of any proposed Subcontractor, and to review and finalize any documentation required as a condition for approving any such Subcontracting agreement.” IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF ARROYO GRANDE: By: Caren Ray Russom, Mayor SOUTH COUNTY SANITARY SERVICE, INC. By: Page 146 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 ATTEST: By: _________________________________ Jessica Matson, City Clerk APPROVED AS TO FORM: Timothy J. Carmel, City Attorney Page 147 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 EXHIBITS Exhibit G Recordkeeping and Reporting (NEW) Exhibit G, Recordkeeping and Reporting, is hereby added to the Agreement as follows: “G.1 General Contractor shall maintain such accounting, statistical, and other records related to its performance under this Agreement as shall be necessary to develop the reports required by this Agreement or City Municipal Code. Contractor agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with Applicable Laws and regulations and to meet the reporting and Discarded Materials Collection, Processing, and Disposal program management needs of the City. At the written direction or approval of City, the records and reports to be maintained and provided by Contractor in accordance with this Exhibit and other Articles of the Agreement may be adjusted in number, format, and frequency, if required to comply with State or Federal regulatory or reporting requirements. Information from Contractor’s records and reports can be used to, among other things: 1. Determine and set Rates and evaluate the financial efficacy of operations; 2. Evaluate past and expected progress toward achieving the Contractor’s Landfill Disposal reduction or Diversion goals and objectives; 3. Provide concise and comprehensive program information and metrics for use in fulfilling reporting requirements under Applicable Law; 4. Determine needs for adjustment to programs; 5. Evaluate Customer service and Complaints; and, 6. Determine Customer compliance with AB 341, AB 1826, and SB 1383 statutes and corresponding regulations; and, any subsequent State-mandated landfill Disposal reduction, Recycling, recovery, or Diversion statutes, regulations, or other requirements. G.2 Record Keeping A. General. Contractor shall maintain Customer contact data, Customer service, accounting, statistical, operational, and other records related to its performance as shall be necessary to provide reporting required by this Agreement and Applicable Law and to demonstrate compliance with this Agreement and Applicable Law (such as, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, and SB 1383 statutes and corresponding regulations). Record keeping and reporting requirements specified in this Agreement shall not be considered a comprehensive list of reporting requirements. In particular, this Exhibit is intended to highlight the general nature of records and reports and their minimum content and is not meant to comprehensively define the scope and content of the records and reports that Contractor is required to maintain and report by Applicable Law or this Agreement. Upon written direction or approval of City, the records and reports required by Contractor in accordance with this and other Articles of the Agreement shall be adjusted in number, format, or frequency. Contractor shall maintain adequate records, and corresponding documentation, of information required by this Exhibit, such that the Contractor is able to produce accurate monthly, quarterly, Page 148 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 and annual reports, and is able to provide records to verify such reports. Contractor will make these records available and provide to the City any record or documentation necessary for the City to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, and SB 1383 statutes and corresponding regulations; and, other current or future Federal, State, or local statutes and regulations, as amended. Upon request by the City, Contractor shall provide access to Contractor’s requested records in a timely manner, not to exceed ten (10) Business Days from the time of City’s request to Contractor. B. Record Retention and Security. Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed, pursuant to this Exhibit. Contractor’s records shall be stored in one central location, physical or electronic, that can be readily accessed by Contractor. City reserves the right to require the Contractor to maintain the records required herein through the use of a City-selected web-based software platform, at Contractor’s expense. Unless otherwise required in this Exhibit, Contractor shall retain all records and data required to be maintained by this Agreement for the Term of this Agreement plus five (5) years after its expiration or earlier termination. Records and data shall be in chronological and organized form and readily and easily interpreted. Contractor shall maintain adequate record security to preserve records from events that can be reasonably anticipated such as a fire, theft, and an earthquake. Electronically-maintained data and records shall be protected and backed-up. To the extent that Contractor utilizes its computer systems to comply with record keeping and reporting requirements under this Agreement, Contractor shall, on a monthly basis, save all system-generated reports supporting those record keeping and reporting requirements in a static format in order to provide an audit trail for all data required. C. Compilation of Information for State Law Purposes. Contractor shall maintain accurate records for its operation, including, but not limited to, Discarded Materials quantities Collected and quantities Transported to or Transferred to each Approved Facility, listed separately by material type, Customer type, and Facility. Records shall be maintained in such form by methods that facilitate the use of data for the production of reports as needed. Contractor will make these records available and provide to the City any record or documentation necessary for the City to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, AB 1595, and SB 1383 statutes and corresponding regulations; and, other current or future local, Federal or State statutes and regulations, as amended. G.3 Reporting G.3.1 General A. General Purpose. Reports are intended to compile recorded data into useful forms of information that can be used by the City. All reports shall be adequate to meet City’s current and future reporting requirements to CalRecycle, including AB 939, AB 341, AB 1826, and SB 1383 statutes and corresponding regulations, or any other State or Federal agency statutes and regulations throughout the Term of this Agreement. B. Failure to Report. Failure of Contractor to comply with the reporting requirements as set forth in this Section may result in an assessment of Liquidated Damages in accordance with the Liquidated Damages provision in Section 12.3 of this Agreement. Contractor’s repeated failure to submit reports, and/or failure to submit reports on time, may be deemed an event of default and may Page 149 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 result in the termination of the Agreement at the discretion of the City Manager, in accordance with Article 12 of this Agreement. C. Report Format. Contractor shall submit all reports to the City, electronically via e-mail using software acceptable to the City. The City reserves the right to require the Contractor to maintain records and submit the reports required herein through use of the District-selected web-based software platform and/or Microsoft Excel spreadsheet, at the Contractor’s expense. D. Submittal Process. All reports shall be submitted to the City, Department of Public Works or as directed by the City Manager. Reports shall be submitted electronically via email or uploaded to a document sharing platform agreed upon by the Parties. City reserves the right to require the Contractor to maintain records and submit the reports required herein through use of a City- selected web-based software platform, at the Contractor’s expense. G.3.2 Monthly Reports Monthly reports shall be submitted by Contractor to City and shall include the following information pertaining to the most recently completed calendar month. In addition, each monthly report shall include a year-to-date summary page that includes the data submitted from the monthly report(s) submitted in the calendar year prior to the submittal of the current monthly report. Contractor shall report the information included in the following subsections. A. Tonnage Report 1. Contractor shall report the total quantities in Tons of Discarded Materials Collected, Transferred, Processed, and Disposed by the Contractor, all of which shall be based on actual certified scale weights for each load, if available, or similarly accurate methodology pursuant to weighing protocol. Tonnage shall be reported separately by: a. Material type, which shall include, at a minimum, separate reporting of Source Separated Recyclable Materials, Source Separated Organic Materials, Solid Waste, and any other type of Discarded Material separately Collected by Contractor (including, but not limited to: Bulky Items, used oil, dirt, rock, metals, Cardboard, wood waste, , Salvageable Materials, etc.); b. Customer/sector type (Single-Family, Multi-family, Commercial Roll-off); and, c. Approved Facility and Facility type. 2. Report Residue level and Tonnage for all Discarded Materials Processed, listed separately by material type Collected and Approved Facility(ies) used. 3. Source Separated Recyclable Materials Tonnage Marketed, by commodity, and including average commodity value for each, and Processing Residue Tonnage Disposed, listed separately by material type Collected and Approved Facility(ies) used. 4. Documentation of all Discarded Materials exported out of State, as provided in 14 CCR Sections 18800 through 18813. B. Collection and Subscription Report 1. Number of Containers at each Service Level by Customer Type and program, including: Page 150 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 a. A summary of the total gallons of Cart service, cubic yards of Bin service, and pulls; and cubic yards or Tons of Drop Box and Compactor service by Customer Type. b. Calculation of the average volume of service received per: Single-Family Dwelling Unit (separately identifying Dwelling Units in a duplex, triplex, or fourplex); Multi-Family Dwelling Unit; and, Commercial Customer. 2. A summary of Customer subscription data, including the number of accounts; the number of Customers subscribing to each Cart, Bin, and Roll-Off Service Level listed separately for Single- Family, Multi-Family, and Commercial and separately for each type of Discarded Material; the number and type of waivers (i.e., de minimis or physical space constraint) active for Customers for each type of Discarded material; and the number of Bulky Items Collections performed. C. Contamination Monitoring Report The Contractor shall submit the following information regarding Contractor conducted contamination monitoring and issuance of Prohibited Container Contaminant Notices, conducted pursuant to Section 4.7 of this Agreement: 1. Description of the Contractor’s Process for determining the level of contamination; 2. Summary report of Customer Notices which shall include the date of issuance, Customer name, and service address. 3. A record of each inspection and contamination incident, which shall include, at a minimum: a. Name of the Customer b. Address of the Customer c. The date the contaminated Container was observed d. The staff who conducted the inspection e. The total number of violations found and a description of what action was taken for each f. Copies of all notices issued to Generators with Prohibited Container Contaminants g. Any photographic documentation or supporting evidence. 4. Any other information reasonably requested by the City or specified in contamination monitoring provisions of this Agreement. D. Customer Service Report 1. Contractor shall maintain a record of all SB 1383 non-compliance Complaints as defined in 14 CCR Section 18995.3 and responses and submit the following information: a. Total number of SB 1383 non-compliance Complaints received and total number of SB 1383 non-compliance Complaints investigated b. Copies of documentation recorded for each SB 1383 non-compliance Complaint received, which shall at a minimum include the following information: i. The SB 1383 non-compliance Complaint as received; ii. The name and contact information of the complainant, if the SB 1383 non- Page 151 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 compliance Complaint is not submitted anonymously; iii. The identity of the alleged violator, if known; iv. A description of the alleged violation; including location(s) and all other relevant facts known to the complainant; v. Any relevant photographic or documentary evidence submitted to support the allegations in the SB 1383 non-compliance Complaint; and, vi. The identity of any witnesses, if known. c. Copies of all SB 1383 non-compliance Complaint reports submitted by Contractor to the City. d. Copies of all investigation reports submitted to the City which shall include at a minimum: i. The SB 1383 non-compliance Complaint as received; ii. The date the Contractor investigated the SB 1383 non-compliance Complaint; iii. Documentation of the findings of the investigation; iv. Any photographic or other evidence collected during the investigation; and, v. Contractor’s recommendation to the City on whether or not the entity investigated is in violation of SB 1383 Regulations based on the Contractor’s investigation. E. Education Program Report The monthly status of activities identified in the annual public education plan described in Section 6.10 of this Agreement. G.3.3 Annual Reports In addition to the monthly reporting requirements in this Exhibit and Section 9.6, the Contractor shall provide an Annual Report, covering the most recently-completed calendar year, in accordance with the format and submittal requirements of this Exhibit. The Annual Report shall include the information in the following subsections. A. Collection and Subscription Report 1. A summary of all data provided in the Tonnage report section, including quarterly and annual totals and averages. 2. The type(s) of Collection service(s) provided, a list of all hauler routes serviced, and a record of the addresses served on each hauler route. 3. A summary of Customer subscription data, including the number of accounts; the total number of Generators enrolled with Contractor for service, listed separately by Service Level and Container type (Cart, Bin, and Roll-Off service), separately by Single-Family, Multi-Family, and Commercial Customers, and separately for each type of Discarded Material. 4. A detailed list of Single-Family, Multi-Family, and Commercial Customer information, including Solid Waste Container Waste, Recyclable Materials, and Organic Materials Service Page 152 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 Levels, Customer type, and Customer service addresses reflecting Customer Service Levels as of December 1 (for the year in which the report is submitted) B. Processing Facility Report 1. Approved Organics Processing Facility: Contractor shall provide documentation demonstrating the actual percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, demonstrations compliance with the digestate handling requirements specified in 14 CCR Section 17896.5. 2. Temporary Equipment or Operations Failure: If the Contractor is granted a Processing facility temporary equipment or operational failure waiver, in accordance with Section 5.7 or 5.11 of the Agreement, the Contractor shall include the following documents and information: a. The number of days the Processing Facility temporary equipment waiver or operation failure waiver was in effect; b. Copies of any notifications sent to the City pursuant to Section 5.7 or 5.11 of the Agreement, and copies of City notices to Contractor pursuant to Section 5.7 or 5.11 of the Agreement; c. Documentation setting forth the date of issuance of the waiver, the timeframe for the waiver; and, d. A record of the Tons of Organic Materials, Recyclable Materials, and Solid Waste redirected to an Alternative Facility or Disposed at an Approved Disposal Facility as a result of the waiver, recorded by Collection vehicle or Transfer vehicle number/load, date, and weight. 3. Quarantined Organic Waste: A record of all compliance agreements for quarantined Organic Waste that are Disposed of, including the name of Generator, date issued, location of final disposition, and the amount of quarantined Organic Waste that was required to be Disposed at a Landfill, pursuant to Section 5.7 of the Agreement C. Compliance Monitoring and Enforcement Report 1. A summary of the total number of SB 1383 Regulatory non-compliance Complaints that were received and forwarded to the City or their designee. 2. The total number of Prohibited Container Contaminant Customer Notices and Contamination Processing Fees, categorized by type of Generator. 3. The number of violations that were resolved, categorized by type of Generator. 4. Copies of all Prohibited Container Contaminant Customer Notices issued and, educational materials issued to non-compliant Generators. D. Public Education and Outreach Report 1. A copy of all education and outreach materials provided to Generators, or otherwise used for education and outreach efforts in accordance with this Agreement, including, but not limited to: flyers, brochures, newsletters, invoice messaging/billing inserts, and website and social media postings. Page 153 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 2. A record of the date and to whom the information was disseminated or direct contact made, in the form of a list that includes: the Generator’s name or account name, the type of education or outreach received; the distribution date, and the method of distribution. 3. For any mass distribution through mailings or bill inserts, the Contractor shall maintain a record of the date, a copy of the information distributed, and the type and number of accounts that received the information. 4. A copy of electronic media, including the dates posted of: social media posts, e -mail communications, or other electronic messages. 5. A summary of the status of the annual education plan of the reporting year, including activities conducted and the quantitative and/or qualitative results of those activities. 6. The annual public education plan required by Section 6.10 of the Agreement for the upcoming then-current calendar year. For example, Contractor submittal of a 2021 annual report in February 2022 shall include Contractor submittal of the annual public education plan for calendar year 2022. 7. Contractor shall maintain a record of all technical assistance efforts conducted pursuant to Section 6.10 of the Agreement, including: a. The name and address of the Customer/Generator receiving technical assistance, and account number, if applicable. b. The date of any technical assistance conducted and the type of technical assistance, including, but not limited to: waste assessments, compliance assessments, direct outreach, workshops, meetings, events, and follow-up communications. c. A copy of any written or electronic educational materials distributed during the technical assistance process. 8. A copy of all special event reports submitted to the City in accordance with Section 5.9 of the Agreement. G.3.4 Additional Reports A. Upon Request Reporting. City reserves the right to request additional reports or documents in the case of unforeseen legislative or regulatory changes, requests from CalRecycle, or additional requirements imposed upon the City. The Contractor shall provide the requested reports, documents, or information within ten (10) Business Days upon receipt of the request or within a timeframe determined by the City Manager, which shall not to exceed ten (10) days. B. Facility Capacity Planning Information. To the extent such information is available to Contractor, City may require Contractor to provide City with information of available Organic Waste Processing capacity for any Approved Processing Facilities, where available capacity may include identification of monthly Tons of additional Organic Waste that such Approved Facilities have the ability to receive within permitted limits. Contractor shall respond to City within sixty (60) days of City’s request for information regarding available new or expanded capacity, to the extent such information is available to Contractor and, at City’s option may be required to submit reports on a more regular basis (such as monthly, quarterly, or annually). If Contractor uses a Subcontractor to perform some or all of the Facility-related services required by this Agreement, Contractor shall use commercially reasonable Page 154 of 340 The City of Arroyo Grande / South County Sanitary Service, Inc. Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41 efforts to secure any City-requested Facility capacity planning information from its Subcontractor(s). The annual Facility capacity planning report shall comply with the following: 1. Include reports of current throughput and permitted capacity and available capacity for Organic Materials Processing for any Facility in the City that Processes Organic Materials. Existing capacity may include identification of monthly Tons of additional Source Separated Recyclable Materials, Source Separated Organic Materials, and/or Solid Waste capacity such Facility has the ability to receive within permitted limits. 2. Include description of potential new or expanded Processing capacity at those Facilities, operations, and activities for Processing of Organic Materials, including information about throughput and permitted capacity necessary for planning purposes. 3. Be submitted using a form or format approved by the City Manager.” Page 155 of 340 Item 8.l. 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: April 12, 2022 SUMMARY 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 fiscal impacts related to the proposed action; however, adoption of the Resolution 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 the COVID -19 pandemic. The City Council ratified the proclamation at its regular mee ting on March 24, 2020, and adopted resolutions declaring a continued local emergency since that time as the pandemic has persisted. Page 156 of 340 Item 8.l. 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) April 12, 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. ANALYSIS OF ISSUES: Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to “Review the need for a continuing emergency declaration at regu larly 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 proclaime d 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 Page 157 of 340 Item 8.l. 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) April 12, 2022 Page 3 through the Omicron and BA2 variants of SARS-CoV-2, which are far more transmissible than prior 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 meetings on March 8 and March 22, 2022, as in-person meetings 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 also desire or 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). ALTERNATIVES: The following 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. ADVANTAGES: Adoption of the Resolution will satisfy the requirement of the Arroyo Grande Municipal Code regarding the periodic review of the declared local emergency related to the COVID19 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. DISADVANTAGES: No disadvantages have been identified to adopting the Resolution. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Page 158 of 340 Item 8.l. 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) April 12, 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. Attachments: 1. Proposed Resolution Page 159 of 340 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE CORONAVIRUS (COVID- 19) PANDEMIC AND AUTHORIZING THE CONTINUANCE OF REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF ARROYO GRANDE PURSUANT TO GOVERNMENT CODE SECTION 54953(e) WHEREAS, 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 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, February 22, March 8, and March 22, 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; the Governor of the State of California has proclaimed a State of Emergency for the State of California 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 Page 160 of 340 RESOLUTION NO. PAGE 2 bodies as defined 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 - 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 legislative 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 makin g 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 that: 1. All recitals set forth above, are true, correct and incorporated herein. 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 Page 161 of 340 RESOLUTION NO. PAGE 3 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 and BA2 variants of SARS-CoV-2, which are 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 ext end the time during which the legislative bodies of the City of Arroyo may continue to teleconference 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 foregoing Resolution was approved this 12th day of April, 2022. Page 162 of 340 RESOLUTION NO. PAGE 4 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 163 of 340 Item 8.m. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Robin Dickerson, PE, City Engineer SUBJECT: Consideration of Approval of Amendment to the Agreement for Consultant Services with GHD to Expand Scope of Services to allow for the Completion of the Halcyon Road Complete Streets Plan DATE: April 12, 2022 SUMMARY OF ACTION: Approval of the Amendment to Agreement for Consultant Services will allow GHD to complete the Halcyon Road Complete Streets Plan. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The cost of the additional services is $42,150. Staff proposes to utilize funds from the Community Development Planning Contractual Services account, which includes $240,000 in the Fiscal Year 2021-22 Budget. RECOMMENDATION: Approve and authorize the Mayor to execute the Amendment to Agreement for Consultant Services with GHD for the completion of the Halcyon Road Complete Streets Plan. BACKGROUND: The Halcyon Road Complete Streets Plan is a Capital Improvement Plan project that is intended to produce a “Complete Streets Blueprint” for the Halcyon Road corridor that lies within the City of Arroyo Grande and the County of San Luis Obispo. The project will develop a Plan to improve safety, mobility and accessibility for all users of the Halcyon Road corridor which extends from its junction with U.S. Route 101 to its junction with State Route 1. The project has included an aggressive public outreach component to actively engage stakeholders in identifying and prioritizing both the existing deficiencies and needed improvements. The original project objectives and end product were anticipated to include:  Evaluate existing conditions to identify deficiencies in relation to the City's complete streets and multi-modal circulation opportunities.  Incorporate stakeholder input regarding barriers to the desired function and operation of the project area. Page 164 of 340 Item 8.m. City Council Consideration of Approval of Amendment to the Agreement for Consultant Services with GHD to Expand Scope of Services to allow for the Completion of the Halcyon Road Complete Streets Plan April 12, 2022  Evaluate project area using multimodal design standards.  Prepare a comprehensive plan document with unified vision of the community to guide the development and improvements of the project area that will stimulate the local economy, enhance the corridor’s natural and man-made environment, and address social inequities.  Maximize involvement of and sensitivity to the concerns of all stakeholders, City officials, residents, property owners, businesses and advocacy groups. This element of the project will require a very high degree of public input in order to gain collective support for the completed plan by all stakeholders.  Create mapping and documents that clearly expla in the plan to the public and in formats that are useful, web-accessible and easily distributed. The end product will be a stand-alone document useable as a guide to making future improvements to the Halcyon Road corridor and should be easily integrated into the existing Arroyo Grande General Plan and the San Luis Obispo County General Plan. History. A summary of the milestones associated with the Halcyon Road Complete Streets Plan is provided as follows:  April 12, 2016 - City Council awarded GHD (previously Omni Means) a consultant service agreement for preparation of the Halcyon Road Complete Streets Plan.  January 24, 2018 - City staff authorized SWCA to prepare an Initial Study/Mitigated Negative Declaration (IS/MND) for the project.  May 2018 – The consultant submitted a revised draft of the plan with the roundabout option at the intersection of Halcyon Avenue and Fair Oaks Avenue.  September 2019 - Draft IS/MND was submitted to the City.  October 2019 – July 2021 - the project was put on hold due to limited staff resources to complete the plan and the original contract was allowed to expire. Subsequently, the COVID-19 pandemic created a further delay due to a shift in staff priorities and resources.  July 2021 - Circulation Element update was completed and recommended that the Halcyon Road Complete Streets Plan be completed.  September 2021 - staff re-reviewed the 2018 draft plan  November 2021 - staff authorized GHD to update the plan to incorporate data collected as part of the Circulation Element Update under the August 1, 2021 Agreement for Consultant Services. Page 165 of 340 Item 8.m. City Council Consideration of Approval of Amendment to the Agreement for Consultant Services with GHD to Expand Scope of Services to allow for the Completion of the Halcyon Road Complete Streets Plan April 12, 2022 ANALYSIS OF ISSUES: Following completion of the Circulation Element Update in July 2021 , which included a recommendation for completion of the Halcyon Road Complete Streets Plan, staff held a series of discussions regarding the future of the plan and began to look for an opportunity to re-engage the consultant to complete the plan. Staff began by reviewing the draft plan that was completed in May 2018, which included a roundabout as the sole option at the intersection of Halcyon Road and Fair Oaks Avenue. Based on staff’s review, the plan needed several updates, including providing consistency with the recently adopted Circulation Element Update, adding a Vehicle Miles Traveled (VMT) analysis, updating project cost and re-engaging the County and SLOCOG. During the update, and following a pedestrian/vehicle collision on Halcyon Avenue that resulted in an injury, staff received feedback at a community meeting on December 7, 2021 from various concerned neighbors (Halcyon Neighbors) about pedestrian and bicycle safety associated with a roundabout at this location. Further, staff has also received general comments from community members concerned with the cost and right- of-way acquisition for the roundabout option. Staff determined that re-engaging the stakeholder’s group and the community would be beneficial before presenting a final plan for approval and that the plan should present an option that would not include a roundabout at the intersection of Halcyon Road and Fair Oaks Avenue. To complete the plan, an amendment to the existing agreement with GHD is needed to provide the following additional services: 1. Develop a concept for the Halcyon/Fair Oaks intersection to remain signalized. 2. Develop a Class IV protected bike lane alternative for selected portions of the plan. 3. Expand the alternatives analysis section of the plan which will compare a roundabout and a signalized intersection including pedestrian and bike improvements to the intersection. 4. Participation in the stakeholder’s group and public engagement, which will include the Halcyon Neighbors and the community. The cost of the additional services is $42,150 and is covered by the existing Planning Contractual Services budget for FY 2021-22. If the Amendment to the on-call contract with GHD is approved, next steps will include: 1. Prepare a refined roundabout and signalized intersection plan for Fair Oaks and Halcyon. 2. Complete the exhibits for the Halcyon Road Complete Streets Plan with both alternatives from the item above. These exhibits will show Halcyon Road from El Camino Real to the Pike. Page 166 of 340 Item 8.m. City Council Consideration of Approval of Amendment to the Agreement for Consultant Services with GHD to Expand Scope of Services to allow for the Completion of the Halcyon Road Complete Streets Plan April 12, 2022 3. Set up a website and interactive map so the neighborhood, stakeholders and the community can provide feedback. 4. Set up a meeting with the Halcyon Neighbors and receive feedback regarding the exhibits. 5. Reengage the previous stakeholders group and coordinate a community meeting so that the stakeholders and community can provide feedback for the exhibits. 6. Provide a Study Session at a future Council Meeting (TBD). 7. Revise the exhibits and complete the plan per comments received from the Halcyon Neighbors, Stakeholders Group, Community and City Council. 8. Provide an update to the IS/MND for the plan for public review and comment as required by CEQA. (30 day review). 9. Set plan and environmental document for public hearing at Planning Commission with recommendation for adoption of both plan and environmental document to City Council. 10. Set plan and environmental document for public hearing at City Council for adoption of both plan and environmental document. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve staff’s recommendations; 2. Do not approve staff’s recommendations; or 3. Provide other direction to staff. ADVANTAGES: Approval of the Amendment to the Agreement for Consultant Services will allow GHD to complete the Halcyon Road Complete Streets Plan. DISADVANTAGES: The completion of the Halcyon Road Complete Streets Plan will continue to require staff time and City funds. ENVIRONMENTAL REVIEW: To meet CEQA requirements, a draft Initial Study/Mitigated Negative Declaration (IS/MND) was prepared by SWCA in September 2019. The IS/MND will be updated and circulated for public review later this year. The draft IS/MND has been prepared in accordance with the CEQA, Public Resources Code §21000 et seq., and the State CEQA Guidelines, California Code of Regulations (CCR) §15000 et seq. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Page 167 of 340 Item 8.m. City Council Consideration of Approval of Amendment to the Agreement for Consultant Services with GHD to Expand Scope of Services to allow for the Completion of the Halcyon Road Complete Streets Plan April 12, 2022 Attachment: 1. Amendment to Consultant Services Agreement with Exhibit A - GHD Additional Services Agreement #2 Page 168 of 340 ATTACHMENT 1 AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES This Amendment to Agreement for Consultant Services ("Amendment") by and between GHD, INC. (“Consultant”) and the CITY OF ARROYO GRANDE, a Municipal Corporation (“City”), is made and entered into this 12th day of April, 2022. WHEREAS, the parties entered into an Agreement for Consultant Services dated August 1, 2021 for On-Call Civil Engineering Consultant Services (“Agreement”); and WHEREAS, the parties desire to modify the Agreement as set forth herein. NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. To include the services as specified in Exhibit "A" attached hereto and incorporated herein by this reference. 2. Except as modified herein, all other terms and conditions set forth in the Agreement shall remain unchanged. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment the day and year first above written. CITY OF ARROYO GRANDE: Caren Ray Russom, Mayor GHD, INC: By: Its: ATTEST: Jessica Matson, City Clerk APPROVED AS TO FORM: Timothy J. Carmel, City Attorney Page 169 of 340 ATTACHMENT 1 Exhibit A Scope of Services Page 170 of 340 ATTACHMENT 1 Page 171 of 340 ATTACHMENT 1 Page 172 of 340 ATTACHMENT 1 Page 173 of 340 Item 8.n. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director SUBJECT: Consideration of Adoption of a Resolution Approving Fiscal Year 2023 Community Project Funding Request for the Swinging Bridge Project DATE: April 12, 2022 SUMMARY OF ACTION: Adopt the Resolution supporting the Fiscal Year 2023 (FY23) Community Project Funding Request for the Swinging Bridge Project. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Minimal future staff time is projected to prepare the request for Community Project Funding. The FY23 Community Project Funding Request will seek approximately $1,000,000 to fund the full project costs for the Swinging Bridge Project. RECOMMENDATION: Adopt the Resolution supporting the FY23 Community Project Funding Request for the Swinging Bridge Project and designate the City Manager or her designee as the City’s signature authority to take all actions necessary to seek and apply fo r the funding opportunities. BACKGROUND: The office of Congressman Salud Carbajal announced a process for seeking FY23 Community Project Funding, previously referred to as “earmarks,” which is a supplement to the traditional federal appropriations process that allows for direct project inclusion in federal appropriation bills. The City of Arroyo Grande has a number of projects that require funding and would directly benefit from the FY23 Communi ty Project Funding. The current deadline to submit project proposals is April 14, 2022. The Swinging Bridge was originally constructed in early 1875 by the Short family, whose land was divided by the Arroyo Grande Creek. The bridge spans a total length 1 71 feet and is suspended 40 feet above the creek. The bridge is owned and maintained by the City of Arroyo Grande and is the only bridge of its kind in California. The bridge was damaged by a falling tree in March 1995. With strong community support, it was restored in May 1995. However, during a subsequent review of the bridge, there were indications Page 174 of 340 Item 8.n. City Council Consideration of Adoption of a Resolution Approving Fiscal Year 2023 Community Project Funding Request for the Swinging Bridge Project April 12, 2022 Page Number of structural deficiencies in the foundation. In 2016, a capital improvement project was added to the budget for Phase One, an evaluation of the critical components of the bridge by a structural engineer. Then, based on the findings of the evaluation, Phase Two of the project would consist of the preparation of plans, specifications and cost estimates for the City to publicly advertise the project for a contractor to complete permanent repairs. Phase Three would be the construction of the repairs. Phase One was completed in 2016 and identified the needed repairs for Phase Two. The evaluation prepared in 2016 also recommended a load restriction on the number of persons that should be on the bridge at any given time until Phases Two and Three were completed. Phase Two and Three of the Swinging Bridge project was included in the Capital Improvement Budget for the FY 2021 -23 Biennial Budget with a budget of $616,269 of Local Sales Tax Funds. On December 14, 2021, the City Council approved construction plans and specifications for retrofitting and upgrading the structural components of the Swinging Bridge. The Project consisted of removing and replacing the existing cables and helical anchors, reinforcing the existing concrete abutments, cleaning and painting the existing towers, and tightening and/or installing bolts at the suspension bridge wood connections. At the time, the total estimate for the project was $730,870The staff report and supporting documents from this item are provided in Attachment 2. During the bidding process for the project, the condition of the existing wood members of the bridge itself was reviewed in detail and it was determined that the treated lumber on the bridge had moved past its useful life. To address this, an Addendum was issued presenting as-built plans that contained a design for replacing the wood members. On February 1, 2022, two bids were received for the project. Based on the bids received, if just the base bid (structural repairs) was awarded, the total estimate for the project would be approximately $662,100. If replacement of the treated lumber and with painting as an option, the total estimate for the project would range from approximately $831,200 to $978,400. Upon receiving and reviewing the bids, staff determined that, had the replacement of the bridge’s existing wood members been identified prior to bid advertisement, it would have been made part of the base bid and the required cont ractor licensing would have included both Class A and Class B licenses, resulting in a larger pool of potential contractors and perhaps a more competitive bidding environment. Based on these factors, on February 22, 2022, the City Council rejected all bids and directed staff to solicit new bids after modifications are made to the construction documents to include replacement and painting of the wood members as part of the base bid, and to include both Class A and Class B contractor licensing for the project. The staff report and supporting documents from this item are provided in Attachment 3. To allow for the cost of material and freight, which continues to remain inflated due to economic forces, staff estimates the total project cost at this time at approximately $1,000,000. The repackaged project will be rebid in Fall 2022, with a construction contract potentially awarded by the end of 2022. The ordering of materials requiring long lead times could begin in early 2023 Page 175 of 340 Item 8.n. City Council Consideration of Adoption of a Resolution Approving Fiscal Year 2023 Community Project Funding Request for the Swinging Bridge Project April 12, 2022 Page Number and construction during the allowable environmental window would occur in Summer 2023. ANALYSIS OF ISSUES: One of the constitutional duties of Congress is the annual appropriation process of allocating discretionary funding through federal programs. Congressman Carbajal’s Office reached out to invite the City to participate in submitting a request for priority projects for possible funding through these programs. These requests will be funded through numerous government funding bills. Congressman Carbajal can only submit 15 requests to fund Community Projects, and those projects are not guaranteed to be funded. The FY23 Community Project Funding Resource Guide provided information regarding the submission process:  The FY23 funding period will be October 1, 2022 through September 30, 2023  Funding will be available for the “period of availability” – this could be for one year, two years, or five years depending on the type of project;  Projects should be “shovel ready”;  Cities should submit one priority project;  Projects without other grant funding sources available will be considered; and  The projects should have demonstrated community support. City staff has evaluated the guidance for the specific federal funding programs and has selected the Swinging Bridge Project as the most suitable and top priority project for this funding opportunity. This project is not otherwise supported by any grant funding and will rehabilitate an important historical asset of the Arroyo Grande community that supports tourism and the local economy, as well as the vibrancy of the City’s downtown core. Staff is working diligently to complete the appropriations request form and collect all supporting documents, including community support documents such as the proposed Resolution, to submit by the April 14, 2022, deadline. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution approving the FY23 Community Project Funding Request for the Swinging Bridge, or 2. Provide other direction to staff. ADVANTAGES: Potential FY23 Community Project Funding could cover a portion or all funding for the Swinging Bridge Project, which will otherwise be funded entirely by the City’s Local Sales Tax Fund and may not be able to fund the full scope of the project. Page 176 of 340 Item 8.n. City Council Consideration of Adoption of a Resolution Approving Fiscal Year 2023 Community Project Funding Request for the Swinging Bridge Project April 12, 2022 Page 4 DISADVANTAGES: There are no identified disadvantages for approving the FY23 Community Project Funding request. 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 549 54.2. Attachments: 1. Proposed Resolution 2. December 14, 2021 Staff report 3. February 22, 2022 Staff report Page 177 of 340 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE FISCAL YEAR 2023 COMMUNITY PROJECT FUNDING REQUEST FOR THE SWINGING BRIDGE PROJECT APPLICATION UNDER THE FEDERAL COMMUNITY PROJECT AND/OR FEDERAL APPROPRIATION SUBCOMMITTEE PROGRAMS WHEREAS, the U.S. House of Representatives has issued a call for applications to the Community Project Funding (CFP) program; and WHEREAS, the CFP program is a set of earmarked funding requests from each Congress member; and WHEREAS, Congressman Salud Carbajal represents California’s 24 th Congressional District, which includes the City of Arroyo Grande; and WHEREAS, the City of Arroyo Grande recognizes that, in current times, the financing of public capital projects is becoming more challenging in California and nationally; and WHEREAS, the City of Arroyo Grande desires to take the necessary actions to achieve critical project development for the maximum benefit of the community; and WHEREAS, the Swinging Bridge was originally constructed in 1875 and is an important historical asset of the Arroyo Grande community that supports tourism and the local economy, as well as the vibrancy of the City’s downtown core; and WHEREAS, the Swinging Bridge is in need of critical repairs if it is to remain in use; and WHEREAS, the City of Arroyo Grande has identified the Swinging Bridge Project as a previously-approved Infrastructure Capital Improvement Projects which could be eligible under specific federal grant programs; and WHEREAS, the Swinging Bridge Project will rehabilitate and stabilize an iconic and historic bridge that provides a vital asset and benefit to the community of Arroyo Grande and the State of California; and WHEREAS, the City Council desires to participate in these federal funding opportunities, hereby, directs staff to seek, prepare, and submit applications for these opportunities; and WHEREAS, the City Council retains its authority to accept and approve funding awards or contracts related to any funding opportunity applications submitted by the City. Page 178 of 340 RESOLUTION NO. PAGE 2 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. All recitals set forth above, are true, correct and incorporated herein. 2. The City Council approves the submittal of a FY23 Community Project Funding request for the Swinging Bridge Project. 3. The City Manager or her designee is delegated signature authority and shall take all actions necessary to seek and apply for funding for this project. 4. The City Council retains its authority to accept and approve funding awards or contracts related to any funding opportunity applications submitted by the City. 5. The City Council retains its authority to approve a budget amendment if needed for any related matching funding as is required by the grant program. BE IT FURTHER RESOLVED by the City Council that this Resolution shall be effective April 12, 2022. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 12th day of April, 2022. Page 179 of 340 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 180 of 340 Attachments 2 - 3 ATTACHMENT 2 - December 14, 2021 Staff Report Available as a link: https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=540 ATTACHMENT 3 - February 22, 2022 Staff report Available as a link: https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=1410 Page 181 of 340 Item 9.a. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director SUBJECT: Resolution Updating Operating Fees Set Forth in the Master Fee Schedule DATE: April 12, 2022 SUMMARY OF ACTION: Increase fees paid by users of City services to reflect increased costs to provide the services effective June 13, 2022. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Implementation of the increased fees is projected to generate approximately $50,000 annually, assuming activity levels are consistent with projections. RECOMMENDATION: Adopt a Resolution updating operating fees set forth in the Master Fee Schedule, effective June 13, 2022. BACKGROUND: On September 13, 2016, the City Council received the results of a comprehensive study that calculated the cost of providing a variety of City services. At that time, the City Council adopted Resolution No. 4758, providing that the Master Fee Schedule would be updated annually by modifying the adopted value up or down in conformance with the annual change in the City’s budgeted labor costs (Attachment 2). Resolution No. 4758 further provided that the factor for adjustment of the fees shall be calculated and est ablished each year by the Director of Administrative Services. In addition, phased increases of Planning fees would be implemented at 5% per year for four years, until an overall cost recovery level of 75% is achieved for Planning related fee activities. On April 24, 2018, the City Council reviewed the City’s fiscal situation and recommended budget balancing strategies for the 2018 -20 Biennial Budget. Discussed in that report were recommended revenue enhancement strategies that increased the overall cost recovery goal for Planning fees to 80% and accelerated the time frame to achieve the goal. In addition, Recreation fees were proposed that would increase the cost recovery target to 100% of direct costs for the Recreation Services Department. With the adoption Page 182 of 340 Item 9.a. City Council Resolution Updating Operating Fees Set Forth in the Master Fee Schedule April 12, 2022 Page 2 of the 2018-20 Biennial Budget, the City Council directed staff to undertake the follow-up actions necessary to implement the budget balancing strategies identified. On June 25, 2019, the City Council reviewed the Master Fee Schedule and adjusted fee s by a factor of 3%, increased the Planning fees to 80% cost recovery, and adjusted certain Recreation fees by 9% to account for the increase in minimum wage in a continued effort for Recreation fees to reach 100% cost recovery. This Master Fee Schedule we nt into effect on August 26, 2019, and is the current Schedule that is being used today, with one exception. On August 25, 2020, the City Council established a new fee for the Children In Motion’s Enrichment Lab to account for different programming needs generated by the COVID-19 pandemic. This program supports local families that need a safe and supervised environment for their children to participate in distance learning during the COVID-19 pandemic. ANALYSIS OF ISSUES: Consistent with Resolution No. 4758, the Administrative Services Director has calculated the overall increase in labor costs as 2.83% for the period covering the two fiscal years from FY2019-20 to FY 2021-22. This 2.83% labor cost increase has been incorporated into the proposed Resolution and Master Fee Schedule update for FY 2022-23. Recreation Cost Recovery As requested by City Council in 2018, staff reviewed Recreation revenues to determine the impact of raising Recreation fees. During the COVID-19 pandemic, a reduction of recreation services revenue occurred due to school closures, social distancing and indoor masking policies, additional cleaning and licensing regulations, as well as, stay-at-home orders. In light of the significant impacts of the pandemic, the adopted Biennial Budget for Fiscal Years 2021-23 projected revenues of $512,595 and $600,635 for FY 2021-22 and FY 2022-23 respectively. This equates to 46% and 53% cost recovery for the Recreation Services Department during Fiscal Years 2021-23. Staff reviewed the revenues received through March 2022 of FY 2021-22 and determined that recreation revenues are $541,700. Although the budget did not provide 100% cost recovery for the Recreation Services Department, it is a very positive sign that revenues for 75% of the fiscal year have met budgeted revenue totals for the full FY 2021-22. As the pandemic continues to impact both Recreation Services Department operations and the needs of the community for child care and other services provided by the Department, it is recommended that fees not be increased at this time to obtain full 100% cost recovery for the Department. However, as in-person school has returned for the 2021-2022 school year and there is no anticipation of returning to distance learning, the Children in Motion’s Enrichment Lab fee is proposed to be removed from the Master Fee Schedule. Page 183 of 340 Item 9.a. City Council Resolution Updating Operating Fees Set Forth in the Master Fee Schedule April 12, 2022 Page 3 Planning Cost Recovery As indicated in Resolution No. 4758, staff reviewed Planning revenue and expenditures to determine the cost recovery percentage through mid-year FY 2021-22. Revenues for Planning fees were reported at $203,962 and expenditures were reported at $214,939 with a cost recovery percentage of 95%. Staff did note that the FY 2021-22 budgeted cost recovery was 54% due to a change in budgeted positions in the Planning Division increasing with the addition of a Planning Manager position. Encroachment Permit Fee Currently, the City has three types of Encroachment Permit Fees as shown in the table below: The first Encroachment Permit is for Minor use items related to pods and dumpsters. The second Encroachment Permit is for Standard use items. Examples of Standard fee size projects include construction of all utility tie-ins (new or replacement) and new public improvements within the city right of way. The third Encroachment Permit is for Franchise Annual fees. Staff recommends creation of a fourth Encroachment Permit fee for small size projects that do not require as much staff time and resources for processing as Standard projects but require more resources than Minor projects. A Small Size project would include installation of concrete sidewalk panels, drive approaches, and replacement of existing curb and gutters at single family residences. The new fee is $180 and is calculated as one fourth of the standard fee cost. It is estimated that the small size projects would take approximately a quarter of the time that a standard permit review would take. The new Encroachment Permit Fees section of the Master Fee Schedule would include the new Encroachment Permit – Small Size as shown in the table below: Updated User Fee Study The Administrative Services Department has issued a request for proposals (RFP) to update the City’s User Fees as the last study was completed in 2016. Staff anticipate reviewing the submitted proposals and will bring an item to Council for consultant selection at a future meeting. During this User Fee update, staff will work with the Fee Description FY 2019-20 Fee FY 2022-23 Fee Encroachment Permit - Minor (pod, dumpster)57.00 59.00 Encroachment Permit - Standard - per Month 698.00 718.00 Encroachment Permit - Franchise Annual 17,475.00 17,970.00 Fee Description FY 2019-20 Fee FY 2022-23 Fee Encroachment Permit - Minor (pod, dumpster)57.00 59.00 Encroachment Permit - Small Size - 180.00 Encroachment Permit - Standard - per Month 698.00 718.00 Encroachment Permit - Franchise Annual 17,475.00 17,970.00 Page 184 of 340 Item 9.a. City Council Resolution Updating Operating Fees Set Forth in the Master Fee Schedule April 12, 2022 Page 4 consultant to review and provide recommendations to the City Council on feasible cost recovery rates for fees, including Planning and Recreation user fees, in the current economic climate. Next Steps There is a minimum 60-day waiting period between the adoption of new fees and when the new fees can take effect. Therefore, it is recommended that the effective date for the updated Master Fee Schedule be Monday, June 13, 2022. This mid-month effective date is recommended based on the start date for many summer Recreation programs that begin following the end of the school year for students attending the Lucia Mar Unified School District. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt a Resolution increasing the operating fees in the Master Fee Schedule as presented; 2. Modify and Adopt the Resolution increasing the operating fees in the Master Fee Schedule; 3. Do not adopt the Resolution; or 4. Provide other direction to staff. ADVANTAGES: Approving the recommended increases will allow the City to maximize revenue by recovering the estimated cost of providing the service and reduce the subsidy borne by the General Fund. DISADVANTAGES: The disadvantage of the recommendation is that it will result in fee increases to the public. 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. Pursuant to Government Code Section 66016, notice was also given to individuals requesting notice of new or incre ased fees. Attachments: 1. Proposed Resolution Updating Operating fees set forth in the Master Fee Schedule 2. Resolution No. 4758 Page 185 of 340 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPDATING OPERATING FEES SET FORTH IN THE MASTER FEE SCHEDULE WHEREAS, in January 2015 the City of Arroyo Grande retained Wohlford Consulting to conduct a User (operating) Fee Study for City services; and WHEREAS, operating fees are intended to be paid by person s utilizing the program or service and to reimburse the City for the actual cost of said program or service; and WHEREAS, the City has established a proposed Master Fee Schedule based on the User Fee Study, which includes fees related to planning, building, engineering, police, recreation, and public works charges; and WHEREAS, the City Council has considered the question of whether or not to adjust or establish User (operating) Fees for City services to reflect the estimated amount that is require d to recover the actual cost to the City of providing such services; and WHEREAS, the City Council adopted a methodology to annually update fees in order to reflect the change in the actual cost to the City of providing services and reduce the subsidy of the General Fund for planning related services; and WHEREAS, the amount of the fees does not exceed the estimated cost of providing the City services; and WHEREAS, at a duly noticed public meeting, the City Council considered all verbal and written presentations that were made regarding the proposed fees; and WHEREAS, at least ten days prior to the public meeting, the City made available to the public data indicating the amount of cost, or estimated cost required to provide the services for which th e fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The schedule of fees entitled “Master Fee Schedule” in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full, is hereby adopted. 2. Fees shall be adjusted annually by modifying the adopted value up or down in conformance with the annual change in the City’s budgeted labor costs. The factor for the adjustment of the fees shall be calculated and established each year by the Director of Administrative Services . Page 186 of 340 RESOLUTION NO. PAGE 2 BE IT FURTHER RESOLVED by the City Council that this Resolution shall be effective June 13, 2022. On motion of Council Member ______, seconded by Council Member ________, and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this ____ day of ______, 2022. Page 187 of 340 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 188 of 340 RESOLUTION NO. PAGE 4 EXHIBIT A CITY OF ARROYO GRANDE MASTER FEE SCHEDULE Fiscal Year 2022-23 Fees effective June 13, 2022 Issued by the Administrative Services Department Page 189 of 340 RESOLUTION NO. PAGE 5 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 Hourly rates for all City staff positions will be calculated and provided by the Administrative Services Department. In the absence of an established fee for service, the City will recover costs based on the reasonable time and materials required to provide the service, as calculated by the Administrative Services Department Page 190 of 340 RESOLUTION NO. PAGE 6 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 ADMINISTRATIVE SERVICES Fee Description FY 2019-20 Fee FY 2022-23 Fee Budget $ 40.00 $ 40.00 Financial Statements copy costs copy costs Business License Fees: (Basic fees are prorated per the application date: Jan 1-Jun 30, 100%; Jul 1-Dec 31, 50%) Basic Fee--All businesses except Specific License Fees listed below 34.00* 34.00* >Per Employee, Partner, or Associate (Except those listed below) 5.00 5.00 Specific License Fees: Contractor 64.00* 64.00* Motels & Hotels (Basic Fee) 34.00* 34.00* >per room 1.00 1.00 Trailer Parks 34.00* 34.00* >per space 1.00 1.00 Hospitals, Sanitariums, Rest or Nursing Homes 44.00* 44.00* >per bed 3.00 3.00 Taxi Cabs 49.00* 49.00* >per vehicle 15.00 15.00 Billboards 129.00* 129.00* Commercial Auctions - Per Year 89.00* 89.00* Commercial Auctions - Per Day of Auctioning 29.00* 29.00* Circuses and similar shows (per day) 70.00 70.00 + $4 State Fee Bazaars and street fairs: >Small Bazaars (1-4 displays or exhibits) per display per every two (2) days 15.00 15.00 + $4 State Fee >Large Bazaars (5 or more displays or exhibits) per day 70.00 70.00 + $4 State Fee * Includes $4 per license per State law (AB 1379) Copies, per page (Black and White) 0.20 0.20 Color copies Actual cost Actual cost Maps--Chamber of Commerce 1.00 1.00 Utility Fees and Penalties: Renter's Deposit 180.00 180.00 New Utility Account Set Up Fee 40.00 40.00 Past Due Penalty (% of Past Due Total) 10% 10% Lock Cut Replacement Fee 15.00 15.00 Reconnection Fee (Reconnect by City Personnel) 50.00 52.00 Unauthorized Reconnection Fee (Reconnect by non-City Personnel) 180.00 180.00 Returned check fee (NSF) -Per CA Civil Code Section 1719 25.00 25.00 Page 191 of 340 RESOLUTION NO. PAGE 7 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 ADMINISTRATIVE SERVICES Fee Description FY 2019-20 Fee FY 2022-23 Fee Administrative Fine for Municipal Code Violations 1st Violation in a 12 month period 100.00 100.00 2nd Violation of the same ordinance 200.00 200.00 3rd or future Violation of the same ordinance 500.00 500.00 Administrative Fines for Building and Safety Violations [Government Codes Sections 25132 and 36900 (c)] 1st Violation 130.00 130.00 2nd Violation of the same ordinance within one year 700.00 700.00 Each additional Violation of same ordinance within one year of first violation 1,300.00 1,300.00 For commercial property that has an existing building at the time of the violation and the owner failed to remove visible refuse or prohibit unauthorized use of the property, a fine for each additional violation of the same ordinance within 2 years of the first violation 2,500.00 2,500.00 Late Penalty Failure to pay fine within the time period set forth in any citation 10% of fine 10% of fine Failure to pay fine and penalty after 60 days, with interest (on penalty amount) 7% 7% Inspection fee if not timely corrected/abated after receiving notice 100.00 100.00 Page 192 of 340 RESOLUTION NO. PAGE 8 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 CITY CLERK/LEGISLATIVE AND INFORMATION SERVICES Fee Description FY 2019-20 Fee FY 2022-23 Fee City Council Meeting Audio CD 5.00/each 5.00/each City Council Meeting DVD Vendor cost Vendor cost Candidate Filing Fee no charge no charge Candidate Statement actual cost actual cost Notice of Intent to Circulate Petition (EC 9202) 200.00 200.00 Copies, per page (Black and White) 0.20 0.20 Color copies Actual cost Actual cost Copies of records sent to a commercial copier Actual cost Actual cost Document Certification 10.00 10.00 Fair Political Practices Commission Forms: Statement of Economic Interests Form 700 (GC 81008) 0.10/page 0.10/page Campaign Statements (GC 81008) 0.10/page 0.10/page Retrieval fee for statements 5 or more years old (GC 81008) 5.00/request 5.00/request Notary (per signature) 15.00 15.00 Page 193 of 340 RESOLUTION NO. PAGE 9 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 ENGINEERING Fee Description FY 2019-20 Fee FY 2022-23 Fee Printing/Copying Charges: 8 1/2" x 11 (per page) $ 0.20 $ 0.20 18" x 30 (per page) 3.00 3.00 24" x 36" (per page) 4.00 4.00 36" x 48" (per page) 5.00 5.00 Standard Plans 35.00 35.00 Land Use Map and Zoning Maps (each) 24x36 3.00 3.00 36x48 4.00 4.00 Overtime Inspections (per hour- 2 hour min.) 158.00 162.00 Map Review - Final (LLA, PM, TM 0-2 Lots) 5,874.00 6,040.00 Each Additional Lot 140.00 144.00 Additional Map Review - After 3 2,797.00 2,876.00 Encroachment Permit - Minor (pod, dumpster) 57.00 59.00 Encroachment Permit - Small Size - 180.00 Encroachment Permit - Standard - per Month 698.00 718.00 Encroachment Permit - Franchise Annual 17,475.00 17,970.00 Certificate of Compliance 2,159.00 2,220.00 Certificate of Correction / Merger 781.00 803.00 Transporation Permit - each occurrence 40.00 41.00 Public Improvement Plan - Plan Check (based on Engineer's estimate of construction cost): $0 - 10,000 2,576.00 2,649.00 $10,001 - 50,000 2,961.00 3,045.00 $50,001 - 100,000 3,408.00 3,504.00 $100,001 - 250,000 3,925.00 4,036.00 $250,001 - 500,000 5,459.00 5,613.00 $500,001 - 1.0 Million 7,119.00 7,320.00 Each additional $500,000 (over $1M) 2,192.00 2,254.00 Additional Review Public Improvement Plan - Plan Check - After 3 (based on Engineer's estimate of construction cost): $0 - 10,000 625.00 643.00 $10,001 - 50,000 701.00 721.00 $50,001 - 100,000 779.00 801.00 $100,001 - 250,000 931.00 957.00 $250,001 - 500,000 1,233.00 1,268.00 $500,001 - 1.0 Million 2,141.00 2,202.00 Each additional $500,000 (over $1M) 907.00 933.00 Page 194 of 340 RESOLUTION NO. PAGE 10 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 ENGINEERING Fee Description FY 2019-20 Fee FY 2022-23 Fee Grading / Drainage / Erosion Plan Review: 0 - 50 cy $ 1,276.00 $ 1,312.00 50 cy to 100 cy 1,370.00 1,409.00 100 cy to 1,0000 cy 1,547.00 1,591.00 1,000 cy to 10,000 cy 1,724.00 1,773.00 10,000 cy to 100,000 cy 1,900.00 1,954.00 Hydraulic / Hydrology Report Review 801.00 824.00 SWPPP Review 801.00 824.00 Stormwater Control Plan Review 801.00 824.00 Inspection Agreement, including Subdivision Agreement (based on Engineer's estimate of construction cost): $0 - 10,000 747.00 768.00 $10,001 - 50,000 1,943.00 1,998.00 $50,001 - 100,000 3,718.00 3,823.00 $100,001 - 250,000 7,422.00 7,632.00 $250,001 - 500,000 14,276.00 14,680.00 $500,001 - 1.0 Million 27,697.00 28,481.00 Each additional $500,000 (over $1M) 13,484.00 13,866.00 Major Project with a Contract Engineer - Actual cost of Contractor passed directly through to Applicant Major Project with a Contract Engineer - City Project Management and Administrative Charge 1,289.00 1,325.00 Page 195 of 340 RESOLUTION NO. PAGE 11 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 COMMUNITY DEVELOPMENT Fee Description FY 2019-20 Fee FY 2022-23 Fee COPY FEES Development Code w/out Appendices $ 50.00 $ 50.00 Appendix 1 15.00 15.00 Appendix 2 5.00 5.00 Development Code w/Appendices 70.00 70.00 General Plan 25.00 25.00 Housing Element 2003 35.00 35.00 General Plan EIR 12.00 12.00 Design Guidelines for Historic Districts 25.00 25.00 Design Guidelines for Traffic Way/Station Way 6.00 6.00 Design Guidelines for Mixed Use Districts 30.00 30.00 East Grand Avenue Enhancement Plan 20.00 20.00 Land Use Map and Zoning Maps (each) 24 x 36 3.00 3.00 36 x 48 4.00 4.00 DVD (Planning Commission meetings) Vendor cost Vendor cost Audio recording copies 5.00 5.00 Copies, per page (Black and White) 0.20 0.20 Color copies Actual cost Actual cost Arroyo Grande Bike Plan 26.00 26.00 IN-LIEU FEES Downtown Parking in lieu fee (per resolution 3994) 24,000.00 24,000.00 Affordable Housing in lieu fee 5% 5% PROCESSING FEES Notary (per signature) 15.00 15.00 Annexation - deposit (fee based on actual time at staff at hourly rates) 20,000.00 20,000.00 Time and Materials (if project exceeds 50 hours of staff time) Appeals: CD Director to Planning Commission 491.00 505.00 Planning Commission to City Council 1,163.00 1,196.00 Certificate of Compliance 3,512.00 3,611.00 Page 196 of 340 RESOLUTION NO. PAGE 12 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 COMMUNITY DEVELOPMENT Fee Description FY 2019-20 Fee FY 2022-23 Fee Conditional Use Permit: Project - Major (multi building) $ 14,347.00 $ 14,753.00 Time and Materials (if project exceeds 50 hours of staff time) Project - Minor (routine) - as det'd by CDD 6,212.00 6,388.00 Amendment 3,137.00 3,226.00 Development Agreement - deposit 24,024.00 24,704.00 Time and Materials (if project exceeds 50 hours of staff time) Dev. Code Amendment - Major 16,187.00 16,645.00 Time and Materials (if project exceeds 50 hours of staff time) Dev. Code Amendment - Minor 8,901.00 9,153.00 Environmental Impact Determination: Initial Study Fee 3,412.00 3,509.00 Negative Declaration (in addition to Initial Study Fee) 554.00 570.00 Mitigated Neg Dec (in addition to Initial Study Fee) 2,318.00 2,384.00 General Plan Amendment (Major) 16,187.00 16,645.00 Time and Materials (if project exceeds 50 hours of staff time) General Plan Amendment (Minor) 8,901.00 9,153.00 Home Occupation Permit 166.00 171.00 Lot Line Adjustment 3,326.00 3,420.00 Lot Merger / Reversion to Acreage 3,273.00 3,366.00 Mailing Label Production 406.00 417.00 Request for Meeting Continuance 461.00 474.00 Minor Use Permit - Architectural Review Major (e.g. subdivision if PUD or CUP is not concurrently processed) 5,145.00 5,291.00 Minor (e.g. single lot) 923.00 949.00 Minor Use Permit - Historic Resource Designation 1,472.00 1,514.00 Minor Use Permit - Large Family Day Care 561.00 577.00 Minor Use Permit - Minor Exception 999.00 1,027.00 Minor Use Permit - Plot Plan Review 735.00 756.00 Minor Use Permit - Temporary Use Permit 294.00 302.00 Minor Use Permit - Viewshed Review: 1,130.00 1,162.00 Page 197 of 340 RESOLUTION NO. PAGE 13 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 COMMUNITY DEVELOPMENT Fee Description FY 2019-20 Fee FY 2022-23 Fee Planned Unit Development Permit (Major) $ 15,261.00 $ 15,693.00 Time and Materials (if project exceeds 50 hours of staff time) Planned Unit Development Permit (Minor) 7,301.00 7,508.00 Planning Commission lnterpretation or Waiver 1,810.00 1,861.00 Pre-Application 1,228.00 1,263.00 Public Art Permit 927.00 953.00 Research (deposit) 221.00 227.00 Signs: Planned Sign Program 2,391.00 2,459.00 Administrative Sign Permit 343.00 353.00 Administrative Sign Program 1,347.00 1,385.00 Specific Plan or Amendment (deposit) 23,978.00 24,657.00 Time and Materials (if project exceeds 50 hours of staff time) Tentative Parcel Map (0-4 lots) 9,537.00 9,807.00 with Vesting (added to base fee) 591.00 608.00 Amendment 4,620.00 4,751.00 Tentative Tract Map: 5-20 lots 15,670.00 16,113.00 over 20 lots 18,190.00 18,705.00 with Vesting (added to base fee) 1,535.00 1,578.00 Amendment 6,879.00 7,074.00 Time Extension 2,568.00 2,641.00 Variance 3,633.00 3,736.00 Zoning Compliance Letter 147.00 151.00 Page 198 of 340 RESOLUTION NO. PAGE 14 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 POLICE Fee Description FY 2019-20 Fee FY 2022-23 Fee ANIMAL CONTROL / IMPOUND Dog Impound Fee 1st Impound $ 23.00 $ 24.00 2nd Impound 45.00 46.00 3rd Impound + 68.00 70.00 Cat Impound Fee 1st Impound 23.00 24.00 2nd Impound 45.00 46.00 3rd Impound + 68.00 70.00 PERMITS & LICENSES: Alarm Permit Original Application Permit Processing Fee 107.00 110.00 Annual Renewal Permit Processing Fee 50.00 51.00 False Alarm Response Fourth False Alarm within 12 months 169.00 174.00 Fifth False Alarm within 12 months 339.00 349.00 Sixth or more false alarm within 12 months (per incident) 507.00 521.00 Block Party Permit Block Party Permit 29.00 30.00 Commercial Filming / Still Photography Permit Permit Processing Fee 57.00 59.00 Commercial Filming (per day) 282.00 290.00 Still Photography (per day) 112.00 115.00 City Staff Assigned - 4 hour minimum (if applicable) overtime rate overtime rate Concealed Weapons Permit Original Application Police Department Investigation Fee $ 112.00 $ 115.00 Dept of Justice & FBI fingerprint process (DOJ passthrough fee paid by applicant) 93.00 93.00 Live Scan Fingerprint Rolling Fee (per penal code section 13300) 25.00 25.00 Identification Card 23.00 24.00 Concealed Weapons Permit Biennial Renewal: Police Department Investigation Fee 29.00 30.00 Dept of Justice Renewal Fee (DOJ passthrough fee paid by applicant) 52.00 52.00 Identification Card 23.00 24.00 Mobile Vendor Permit Permit Processing Fee 141.00 145.00 Live Scan Fingerprint Rolling Fee (per PC 13300) 25.00 25.00 Dept of Justice & FBI Fingerprint Process actual cost actual cost Mobile Vendor Employee Permit Page 199 of 340 RESOLUTION NO. PAGE 15 Permit Processing Fee 141.00 145.00 Live Scan Fingerprint Rolling Fee (per PC 13300) 25.00 25.00 Dept of Justice & FBI Fingerprint Process actual cost actual cost Page 200 of 340 RESOLUTION NO. PAGE 16 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 POLICE Fee Description FY 2019-20 Fee FY 2022-23 Fee Sidewalk Vending Permit Permit Processing Fee 280.00 280.00 Palmreader Fortune Teller Permit - Original Application Permit Processing Fee 141.00 145.00 Dept of Justice & FBI fingerprint process (DOJ passthrough fee paid by applicant) actual cost actual cost Live Scan Fingerprint Rolling Fee (per penal code section 13300) 25.00 25.00 Palmreader Fortune Teller Permit - Annual Renewal Permit Renewal Processing 112.00 115.00 Palmreader Fortune Teller Establishment Permit - Original Application Permit Processing Fee 141.00 145.00 Live Scan Fingerprint Rolling Fee (per penal code section 13300) 25.00 25.00 Dept of Justice & FBI fingerprint process (DOJ passthrough fee paid by applicant) actual cost actual cost Palmreader Fortune Teller Establishment Permit - Renewal Application Permit Processing Fee 112.00 115.00 Public Safety and Welfare Permit: Less than 200 Non-Commercial Event 57.00 59.00 More than 200 Non-Commercial Event 112.00 115.00 Commercial Event 141.00 145.00 Second Hand Dealer Permit Original Application Permit Processing Fee 141.00 145.00 Live Scan Fingerprint Rolling Fee (per penal code section 13300) 25.00 25.00 Dept of Justice & FBI Fingerprint process (DOJ passthrough fee paid by applicant) actual cost actual cost Second Hand Dealer Permit Biennial Renewal City Processing Fee 112.00 115.00 Solicitation Permit (per solicitor) Permit Processing Fee $ 141.00 $ 145.00 Live Scan Fingerprint Rolling Fee (per PC 13300) 25.00 25.00 Dept of Justice & FBI Fingerprint Processing Fee actual cost actual cost Taxi Cab Driver Permit Original Application Permit Processing Fee 141.00 145.00 Live Scan Fingerprint Rolling Fee (per PC 13300) 25.00 25.00 Dept of Justice & FBI Fingerprint Process actual cost actual cost Taxi Cab Driver Permit Annual Renewal Page 201 of 340 RESOLUTION NO. PAGE 17 Annual Renewal 112.00 115.00 Tobacco Retailers License Permit Processing Fee 141.00 145.00 Page 202 of 340 RESOLUTION NO. PAGE 18 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 POLICE Fee Description FY 2019-20 Fee FY 2022-23 Fee OTHER FEES Citation correction certification 29.00 30.00 Civil Witness Fee (Deposit) 275.00 275.00 Copies, per page (Black and White) .20 per page .20 per page Copies - Color copies per page 5.00 5.00 Court Ordered Booking 141.00 145.00 Criminal history summary examination Live Scan Fingerprint Rolling Fee (per PC 13300) 25.00 25.00 Dept of Justice & FBI Fingerprint Process actual cost actual cost Disturbance 415PC Second Response 169.00 174.00 Third Response 339.00 349.00 Fourth Response 563.00 579.00 Emergency DUI Response -Impaired Driver Accident - Actual Time @ Staff Hourly Rates actual cost actual cost Local Records Check 16.00 16.00 Photographs per disc 25.00 25.00 Property Handling for Mailing / Shipping actual cost actual cost Replacement of lost/stolen Permits, Licenses and registration receipts 50.00 51.00 Repossessed Vehicle (per GC 41612) 15.00 15.00 Subpoena Duces Tecum Production of Records for Subpoena deuces Tecum 15.00 15.00 .20 per page produced actual cost actual cost postage/shipping actual cost actual cost Custodian of Records Court Appearance 275.00 275.00 Vehicle Release - Impound/Stored Vehicle Release 57.00 59.00 Vehicle Release 30-day Impound Release Review 84.00 86.00 Clearance letter 50.00 51.00 Page 203 of 340 RESOLUTION NO. PAGE 19 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING MISC Fee Description Plan Check Fee FY 19-20 Inspection Fee FY 19-20 Plan Check Fee FY 22-23 Inspection Fee FY 22-23 Cellular/Mobile Phone, free-standing NEW $ 1,111.00 $ 1,584.00 $ 1,142.00 $ 1,629.00 Cellular Tower with Equipment Shelter 1,111.00 1,776.00 1,142.00 1,826.00 Cellular Tower Equipment Demolition 427.00 447.00 439.00 460.00 Awning (not patio cover) Tents / Canopies / Booths 115.00 174.00 118.00 179.00 Change of Occupancy No T.I. w/ plan check & Inspection 194.00 353.00 199.00 363.00 Close Existing Openings 115.00 237.00 118.00 244.00 Compliance Inspections/Reinspections 215.00 290.00 221.00 298.00 Deck (with Calcs) 249.00 311.00 256.00 320.00 Demolition 115.00 365.00 118.00 375.00 Demolition - MultiFamily/Commercial 115.00 365.00 118.00 375.00 Door 115.00 250.00 118.00 257.00 Fence or Wall (wood, chain link, wrought iron): >6 feet in height, 1st 100 s.f. 115.00 319.00 118.00 328.00 Each additional 100 sf 88.00 115.00 90.00 118.00 Fence or Freestanding Wall (masonry / garden): City Standard, 1st 100 s.f. 115.00 319.00 118.00 328.00 Each additional 100 sf 88.00 115.00 90.00 118.00 Engineered Wall, 1st 100 sf 149.00 319.00 153.00 328.00 Each additional 100 sf 122.00 115.00 125.00 118.00 Fireplace (masonry or pre-fab) 115.00 231.00 118.00 238.00 Flag pole (greater than 6 feet in height) 115.00 231.00 118.00 238.00 Grading (Cut and Fill): 0-50 Cubic Yards (Cut and Fill) 149.00 231.00 153.00 238.00 Each Add'l 50 CY (or portion thereof) 73.00 174.00 75.00 179.00 Pilaster each 10 115.00 231.00 118.00 238.00 Lighting pole (each) 115.00 197.00 118.00 203.00 Stucco Applications 72.00 231.00 74.00 238.00 Retaining Wall (concrete or masonry): First 50 sf 238.00 264.00 245.00 271.00 Each additional 50 sf 210.00 149.00 216.00 153.00 Re-roofing: Composition - no tear off 95.00 222.00 98.00 228.00 Other roofs (first 10 squares) 95.00 222.00 98.00 228.00 Each additional 10 squares 23.00 55.00 24.00 57.00 Roof Structure Replacement 149.00 264.00 153.00 271.00 Sauna - steam 115.00 277.00 118.00 285.00 Page 204 of 340 RESOLUTION NO. PAGE 20 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING MISC Fee Description Plan Check Fee FY 19-20 Inspection Fee FY 19-20 Plan Check Fee FY 22-23 Inspection Fee FY 22-23 Siding: Stone and Brick Veneer (interior or exterior) $ 95.00 $ 277.00 $ 98.00 $ 285.00 All Other 72.00 277.00 74.00 285.00 Signs: Directional / Menu 238.00 277.00 245.00 285.00 Freeway sign 546.00 305.00 561.00 314.00 Ground / Roof / Projecting Signs 227.00 264.00 233.00 271.00 Wall, Illuminated 95.00 277.00 98.00 285.00 Skylight (Residential each) 72.00 244.00 74.00 251.00 Skylight (Commercial) one 95.00 244.00 98.00 251.00 Spa or Hot Tub (Pre-fabricated) 95.00 277.00 98.00 285.00 Stairs - per story 348.00 264.00 358.00 271.00 Storage Racks each set of plans 403.00 331.00 414.00 340.00 Temporary Utility Connection or Occupancy - 95.00 - 98.00 Window or Sliding Glass Door (first) 238.00 264.00 245.00 271.00 Each additional 210.00 123.00 216.00 126.00 Board of Appeals 895.00 - 920.00 - Business License Inspection 45.00 69.00 46.00 71.00 Business License Re-inspection 45.00 36.00 46.00 37.00 Product Review 673.00 - 692.00 - Disabled Access Compliance Inspection 134.00 90.00 138.00 93.00 Supplemental Plan Check Fee (first 1/2 hour) 122.00 - 125.00 - Each Additional 1/2 hour (or portion thereof) 110.00 - 113.00 - Supplemental Inspection Fee (first 1/2 hour) - 122.00 - 125.00 Each Additional 1/2 hour (or portion thereof) - 110.00 - 113.00 Emergency (Non-Scheduled) Call-Out Fee (first hour) 2 hour minimum - 233.00 - 240.00 Each additional hour - 220.00 - 226.00 After Hours Inspection 2 hour minimum - 233.00 - 240.00 Each additional hour - 220.00 - 226.00 After Hours Plan Review 2 hour minimum 233.00 - 240.00 - Each additional hour 220.00 - 226.00 - Copies, per page (Black and White) 0.20 per page Color copies actual costs Page 205 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING FIRE Fee Description Plan Check Fee FY 19-20 Inspection Fee FY 19-20 Plan Check Fee FY 22-23 Inspection Fee FY 22-23 Fire Sprinkler Systems - New Construction: 1-50 Heads $ 221.00 $ 242.00 $ 227.00 $ 249.00 51-100 Heads 277.00 344.00 285.00 354.00 101-200 Heads 500.00 412.00 514.00 424.00 Every 200 Heads above 200 220.00 158.00 226.00 162.00 Fire Sprinkler Systems -Tenant Improvements: 1-25 Heads 221.00 242.00 227.00 249.00 26-100 Heads 334.00 378.00 343.00 389.00 Every 100 Heads above 100 110.00 253.00 113.00 260.00 Fire Alarm System (including Sprinkler Monitor System) - New Construction: 1-50 Devices 221.00 242.00 227.00 249.00 51-100 Devices 277.00 344.00 285.00 354.00 Every 50 Devices above 100 110.00 227.00 113.00 233.00 Fire Alarm System (including Sprinkler Monitor System) - Tenant Improvements: 1-50 Devices 221.00 276.00 227.00 284.00 51-100 Devices 277.00 378.00 285.00 389.00 Every 50 Devices above 100 167.00 227.00 172.00 233.00 Other Suppression Systems: Inert Gas Systems 388.00 485.00 399.00 499.00 Dry Chemical Systems 221.00 485.00 227.00 499.00 Wet Chemical/Kitchen Hood 332.00 485.00 341.00 499.00 Foam Systems 221.00 663.00 227.00 682.00 Paint Spray Booth 499.00 719.00 513.00 739.00 Other Fire Fees: Hydrants/Underground Fire Service Plan Check Hydrant Flow Test (existing hydrants) 444.00 - - 663.00 457.00 - - 682.00 Special Event Inspection (e.g., fairs) These are group events, when multiple booths/tents are erected Booth / Tent 59.00 64.00 61.00 66.00 Booth / Tent with Electricity 84.00 104.00 86.00 107.00 Booth / Tent with Cooking (includes Electricity) 91.00 125.00 94.00 129.00 Special Event Application Review - 24.00 - 25.00 Additional Fire related services are provided by Five Cities Fire Authority (FCFA). See the FCFA fee schedule for fees. Page 206 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING MPE ADMINISTRATIVE (BASE) FEES: Permit Issuance and Administration $ 113.00 $ - $ 116.00 $ - MECHANICAL PERMIT FEES FAU less than 100,000 Btu/h 56.00 68.00 58.00 70.00 FAU greater than 100,000 Btu/h 56.00 103.00 58.00 106.00 Floor furnace (including vent) 56.00 137.00 58.00 141.00 Suspended, wall, or floor-mounted heaters 56.00 103.00 58.00 106.00 Appliance vents not included in an appliance permit Boiler or compressor, from 15 HP to 30 HP / absorption 56.00 103.00 58.00 106.00 system from 1,000,000 Btu/h to 1,750,000 Btu/h. 56.00 103.00 58.00 106.00 Boiler or compressor, from 30 HP to 50 HP / absorption P Fee Description Plan Check Fee FY 19-20 Inspection Fee FY 19-20 Plan Check Fee FY 22-23 Inspection Fee FY 22-23 system from 1,000,000 Btu/h to 1,750,000 Btu/h. 110.00 137.00 113.00 141.00 Boiler or compressor, over 50 HP / absorption system over 1,750,000 Btu/h. 166.00 103.00 171.00 106.00 Air-handling unit, including attached ducts. 110.00 103.00 113.00 106.00 Air-handling unit over 10,000 CFM 166.00 137.00 171.00 141.00 Evaporative cooler 56.00 68.00 58.00 70.00 Ventilation fan connected to a single duct 110.00 103.00 113.00 106.00 Ventilation system (not a portion of heating or a/c system) 166.00 137.00 171.00 141.00 Incinerator, residential 276.00 204.00 284.00 210.00 Commercial or Industrial-type incinerator 331.00 204.00 340.00 210.00 Misc. appliances or equipment. 166.00 137.00 171.00 141.00 Stand Alone Mechanical Plan Check (hourly rate) 220.00 - 226.00 - Other Mechanical Inspections (per hour) - 137.00 - 141.00 LUMBING / GAS PERMIT FEES: Plumbing fixtures 56.00 68.00 58.00 70.00 Building sewer 110.00 103.00 113.00 106.00 Rainwater systems (per drain) 56.00 68.00 58.00 70.00 Gray Water system 166.00 170.00 171.00 175.00 Private sewage disposal system 166.00 170.00 171.00 175.00 Water Heater 110.00 68.00 113.00 70.00 Industrial waste pretreatment interceptor 56.00 103.00 58.00 106.00 Water piping and/or water treating equipment 56.00 103.00 58.00 106.00 Repair or alteration of drainage or vent piping, each fixture 56.00 103.00 58.00 106.00 Each lawn sprinkler system on any one meter 56.00 68.00 58.00 70.00 Backflow devices each unit 110.00 68.00 113.00 70.00 Atmospheric-type vacuum breakers: 1-5 units 110.00 68.00 113.00 70.00 Atmospheric-type vacuum breakers: each unit over 5 units 110.00 68.00 113.00 70.00 Page 207 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING MPE Fee Description Plan Check Fee FY 19-20 Inspection Fee FY 19-20 Plan Check Fee FY 22-23 Inspection Fee FY 22-23 PLUMBING / GAS PERMIT FEES (continued): Stand Alone Plumbing Plan Check (hourly rate) $ 220.00 $ - $ 226.00 $ - Other Plumbing and Gas Inspections (per hour) - 137.00 - 141.00 SYSTEM FEES: Swimming Pools 166.00 238.00 171.00 245.00 Outdoor Events 166.00 103.00 171.00 106.00 Electric generator and electrically-driven rides 110.00 103.00 113.00 106.00 Mechanically-driven rides/ attractions with electrical 166.00 103.00 171.00 106.00 Each system of area and booth lighting 110.00 103.00 113.00 106.00 Temporary Power Service 110.00 68.00 113.00 70.00 Temporary power pole 110.00 68.00 113.00 70.00 Sub poles (each) 56.00 47.00 58.00 48.00 UNIT FEES: Receptacle, Switch, and Lighting Outlets First 10 110.00 68.00 113.00 70.00 Each Additional 10 56.00 34.00 58.00 35.00 Lighting Fixtures: First 10 110.00 68.00 113.00 70.00 Each additional 10 56.00 34.00 58.00 35.00 Pole or platform -mounted lighting fixtures (each) 110.00 103.00 113.00 106.00 Theatrical-type lighting fixtures or assemblies 110.00 137.00 113.00 141.00 Residential Appliances (each) 110.00 68.00 113.00 70.00 Nonresidential Appliances 166.00 137.00 171.00 141.00 Residential appliances and self-contained, nonresidential appliances, (each) 166.00 137.00 171.00 141.00 Appliances not exceeding one horsepower (HP) kilowatt (KW), or kilovolt-ampere (KVA), in rating,(each) 220.00 137.00 226.00 141.00 Power Apparatus: Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus (all sizes) 166.00 68.00 171.00 70.00 Signs, Outline Lighting, and Marquees: Signs, Outline Lighting, or Marquees supplied from one branch circuit (each) Additional branch circuits within the same sign, outline lighting system, or marquee (each) 110.00 103.00 113.00 106.00 110.00 68.00 113.00 70.00 Page 208 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING MPE Fee Description Plan Check Fee FY 19-20 Inspection Fee FY 19-20 Plan Check Fee FY 22-23 Inspection Fee FY 22-23 UNIT FEES (continued): Service or Panel: 200 amp or less Electrical Panel (each) $ 166.00 $ 137.00 $ 171.00 $ 141.00 Over 200 amp up to 1000 amp Electrical Panel 276.00 170.00 284.00 175.00 Over 1000 amp Electrical Panel (each) 441.00 204.00 453.00 210.00 Miscellaneous Apparatus, Conduits, and Conductors 110.00 103.00 113.00 106.00 Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is herein set forth 110.00 137.00 113.00 141.00 Photovotaic Systems - each 166.00 204.00 171.00 210.00 Stand Alone Electrical Plan Check (hourly rate) 220.00 - 226.00 - Other Electrical Inspections (per hour) - 137.00 - 141.00 Page 209 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING PLAN CHECK PLAN CHECK VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION All fees include MPE plan checks. Note: Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 1 A-1 Assembly Group - Theaters 2,000 $ 4,716 $ 0.212 $ 4,849 $ 0.218 8,000 $ 5,988 $ 0.285 $ 6,157 $ 0.293 20,000 $ 9,411 $ 0.309 $ 9,677 $ 0.318 40,000 $ 15,594 $ 0.207 $ 16,036 $ 0.213 100,000 $ 28,028 $ 0.280 $ 28,821 $ 0.288 2 A-2 Assembly Group - Restaurants, nightclubs 1,000 $ 3,042 $ 0.244 $ 3,128 $ 0.251 4,000 $ 3,773 $ 0.331 $ 3,880 $ 0.341 10,000 $ 5,761 $ 0.359 $ 5,924 $ 0.369 20,000 $ 9,349 $ 0.241 $ 9,613 $ 0.248 50,000 $ 16,587 $ 0.332 $ 17,056 $ 0.341 3 A Assembly Group - TI 250 $ 1,593 $ 0.334 $ 1,638 $ 0.343 1,000 $ 1,843 $ 0.405 $ 1,895 $ 0.417 2,500 $ 2,451 $ 0.442 $ 2,520 $ 0.455 5,000 $ 3,557 $ 0.285 $ 3,658 $ 0.293 12,500 $ 5,692 $ 0.455 $ 5,853 $ 0.468 4 A-3 Church and Religious Bldg - Complete 1,000 $ 3,042 $ 0.244 $ 3,128 $ 0.251 4,000 $ 3,773 $ 0.331 $ 3,880 $ 0.341 10,000 $ 5,761 $ 0.359 $ 5,924 $ 0.369 20,000 $ 9,349 $ 0.241 $ 9,613 $ 0.248 50,000 $ 16,587 $ 0.332 $ 17,056 $ 0.341 5 R-4 Congregate Care - Complete 500 $ 2,173 $ 0.295 $ 2,234 $ 0.304 2,000 $ 2,616 $ 0.386 $ 2,690 $ 0.397 5,000 $ 3,775 $ 0.420 $ 3,881 $ 0.432 10,000 $ 5,874 $ 0.278 $ 6,040 $ 0.286 25,000 $ 10,050 $ 0.402 $ 10,334 $ 0.413 6 A-3 Church and Religious Bldg - TI 250 $ 1,593 $ 0.334 $ 1,638 $ 0.343 1,000 $ 1,843 $ 0.405 $ 1,895 $ 0.417 2,500 $ 2,451 $ 0.442 $ 2,520 $ 0.455 5,000 $ 3,557 $ 0.285 $ 3,658 $ 0.293 12,500 $ 5,692 $ 0.455 $ 5,853 $ 0.468 7 E Educational Building - Complete 2,000 $ 3,669 $ 0.157 $ 3,772 $ 0.161 8,000 $ 4,610 $ 0.215 $ 4,740 $ 0.222 20,000 $ 7,195 $ 0.233 $ 7,399 $ 0.240 40,000 $ 11,859 $ 0.157 $ 12,195 $ 0.162 100,000 $ 21,307 $ 0.213 $ 21,910 $ 0.219 8 E Educational Building - TI 250 $ 1,593 $ 0.334 $ 1,638 $ 0.343 1,000 $ 1,843 $ 0.405 $ 1,895 $ 0.417 2,500 $ 2,451 $ 0.442 $ 2,520 $ 0.455 5,000 $ 3,557 $ 0.285 $ 3,658 $ 0.293 12,500 $ 5,692 $ 0.455 $ 5,853 $ 0.468 Page 210 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING PLAN CHECK PLAN CHECK VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION All fees include MPE plan checks. Note: Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 9 S-2 Parking Garage - Complete 500 $ 1,834 $ 0.220 $ 1,886 $ 0.226 2,000 $ 2,165 $ 0.280 $ 2,226 $ 0.288 5,000 $ 3,003 $ 0.304 $ 3,088 $ 0.313 10,000 $ 4,523 $ 0.199 $ 4,651 $ 0.205 25,000 $ 7,509 $ 0.300 $ 7,721 $ 0.309 10 R-1 Hotel Low/Mid Rise - Complete 1,000 $ 3,042 $ 0.244 $ 3,128 $ 0.251 4,000 $ 3,773 $ 0.331 $ 3,880 $ 0.341 10,000 $ 5,761 $ 0.359 $ 5,924 $ 0.369 20,000 $ 9,349 $ 0.241 $ 9,613 $ 0.248 50,000 $ 16,587 $ 0.332 $ 17,056 $ 0.341 11 R-1 Hotel Low/Mid Rise - Shell 1,000 $ 1,787 $ 0.104 $ 1,838 $ 0.107 4,000 $ 2,100 $ 0.132 $ 2,160 $ 0.136 10,000 $ 2,893 $ 0.144 $ 2,975 $ 0.148 20,000 $ 4,329 $ 0.094 $ 4,452 $ 0.097 50,000 $ 7,146 $ 0.143 $ 7,348 $ 0.147 12 R-1 Hotel Low/Mid Rise - TI 250 $ 1,545 $ 0.313 $ 1,588 $ 0.322 1,000 $ 1,779 $ 0.374 $ 1,829 $ 0.385 2,500 $ 2,341 $ 0.409 $ 2,407 $ 0.421 5,000 $ 3,364 $ 0.262 $ 3,459 $ 0.269 12,500 $ 5,329 $ 0.426 $ 5,480 $ 0.438 13 B Offices, etc. - Complete 500 $ 2,286 $ 0.313 $ 2,351 $ 0.322 2,000 $ 2,757 $ 0.396 $ 2,835 $ 0.407 5,000 $ 3,945 $ 0.431 $ 4,056 $ 0.443 10,000 $ 6,100 $ 0.282 $ 6,273 $ 0.290 25,000 $ 10,324 $ 0.413 $ 10,616 $ 0.425 14 B Offices, etc. - Shell 1,000 $ 1,569 $ 0.080 $ 1,614 $ 0.083 4,000 $ 1,811 $ 0.098 $ 1,862 $ 0.100 10,000 $ 2,396 $ 0.107 $ 2,464 $ 0.110 20,000 $ 3,461 $ 0.068 $ 3,559 $ 0.070 50,000 $ 5,511 $ 0.110 $ 5,667 $ 0.113 15 B Offices, etc. - TI 100 $ 1,362 $ 0.575 $ 1,400 $ 0.591 400 $ 1,534 $ 0.646 $ 1,578 $ 0.665 1,000 $ 1,922 $ 0.709 $ 1,977 $ 0.729 2,000 $ 2,631 $ 0.439 $ 2,706 $ 0.452 5,000 $ 3,949 $ 0.790 $ 4,061 $ 0.812 16 F Industrial Building - Complete 1,000 $ 3,042 $ 0.244 $ 3,128 $ 0.251 4,000 $ 3,773 $ 0.331 $ 3,880 $ 0.341 10,000 $ 5,761 $ 0.359 $ 5,924 $ 0.369 20,000 $ 9,349 $ 0.241 $ 9,613 $ 0.248 50,000 $ 16,587 $ 0.332 $ 17,056 $ 0.341 Page 211 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING PLAN CHECK PLAN CHECK VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION All fees include MPE plan checks. Note: Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 17 F Industrial Building - Shell 1,000 $ 2,076 $ 0.137 $ 2,134 $ 0.141 4,000 $ 2,487 $ 0.178 $ 2,557 $ 0.183 10,000 $ 3,555 $ 0.193 $ 3,655 $ 0.199 20,000 $ 5,488 $ 0.128 $ 5,644 $ 0.131 50,000 $ 9,324 $ 0.186 $ 9,588 $ 0.192 18 F Industrial Building - TI 250 $ 1,545 $ 0.313 $ 1,588 $ 0.322 1,000 $ 1,779 $ 0.374 $ 1,829 $ 0.385 2,500 $ 2,341 $ 0.409 $ 2,407 $ 0.421 5,000 $ 3,364 $ 0.262 $ 3,459 $ 0.269 12,500 $ 5,329 $ 0.426 $ 5,480 $ 0.438 19 S-1 Repair Garage & Service St - Complete 500 $ 2,076 $ 0.274 $ 2,134 $ 0.282 2,000 $ 2,487 $ 0.356 $ 2,557 $ 0.366 5,000 $ 3,555 $ 0.387 $ 3,655 $ 0.398 10,000 $ 5,488 $ 0.256 $ 5,644 $ 0.263 25,000 $ 9,324 $ 0.373 $ 9,588 $ 0.384 20 S-1 Repair Garage & Service St - Shell 500 $ 1,449 $ 0.135 $ 1,490 $ 0.138 2,000 $ 1,651 $ 0.157 $ 1,697 $ 0.161 5,000 $ 2,121 $ 0.172 $ 2,181 $ 0.176 10,000 $ 2,979 $ 0.108 $ 3,063 $ 0.111 25,000 $ 4,603 $ 0.184 $ 4,734 $ 0.189 21 S-1 Repair Garage & Service St - TI 100 $ 1,521 $ 0.752 $ 1,564 $ 0.773 400 $ 1,746 $ 0.900 $ 1,796 $ 0.926 1,000 $ 2,286 $ 0.982 $ 2,351 $ 1.010 2,000 $ 3,268 $ 0.626 $ 3,361 $ 0.644 5,000 $ 5,148 $ 1.030 $ 5,293 $ 1.059 22 M Retail Sales - Complete 500 $ 2,173 $ 0.295 $ 2,234 $ 0.304 2,000 $ 2,616 $ 0.386 $ 2,690 $ 0.397 5,000 $ 3,775 $ 0.420 $ 3,881 $ 0.432 10,000 $ 5,874 $ 0.278 $ 6,040 $ 0.286 25,000 $ 10,050 $ 0.402 $ 10,334 $ 0.413 23 M Retail Sales - Shell 500 $ 1,449 $ 0.135 $ 1,490 $ 0.138 2,000 $ 1,651 $ 0.157 $ 1,697 $ 0.161 5,000 $ 2,121 $ 0.172 $ 2,181 $ 0.176 10,000 $ 2,979 $ 0.108 $ 3,063 $ 0.111 25,000 $ 4,603 $ 0.184 $ 4,734 $ 0.189 24 M Retail Sales - TI 100 $ 1,521 $ 0.752 $ 1,564 $ 0.773 400 $ 1,746 $ 0.900 $ 1,796 $ 0.926 1,000 $ 2,286 $ 0.982 $ 2,351 $ 1.010 2,000 $ 3,268 $ 0.626 $ 3,361 $ 0.644 5,000 $ 5,148 $ 1.030 $ 5,293 $ 1.059 Page 212 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING PLAN CHECK PLAN CHECK VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION All fees include MPE plan checks. Note: Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 25 - Warehouse - Complete 2,000 $ 2,076 $ 0.069 $ 2,134 $ 0.071 8,000 $ 2,487 $ 0.089 $ 2,557 $ 0.091 20,000 $ 3,555 $ 0.097 $ 3,655 $ 0.099 40,000 $ 5,488 $ 0.064 $ 5,644 $ 0.066 100,000 $ 9,324 $ 0.093 $ 9,588 $ 0.096 26 I Medical/24 Hour Care - Complete 1,000 $ 3,042 $ 0.244 $ 3,128 $ 0.251 4,000 $ 3,773 $ 0.331 $ 3,880 $ 0.341 10,000 $ 5,761 $ 0.359 $ 5,924 $ 0.369 20,000 $ 9,349 $ 0.241 $ 9,613 $ 0.248 50,000 $ 16,587 $ 0.332 $ 17,056 $ 0.341 27 I Medical/24 Hour Care - Shell 1,000 $ 1,834 $ 0.110 $ 1,886 $ 0.113 4,000 $ 2,165 $ 0.140 $ 2,226 $ 0.144 10,000 $ 3,003 $ 0.152 $ 3,088 $ 0.156 20,000 $ 4,523 $ 0.100 $ 4,651 $ 0.102 50,000 $ 7,509 $ 0.150 $ 7,721 $ 0.154 28 I Medical/24Hour Care - TI 100 $ 1,738 $ 0.992 $ 1,788 $ 1.020 400 $ 2,036 $ 1.244 $ 2,094 $ 1.279 1,000 $ 2,782 $ 1.354 $ 2,861 $ 1.392 2,000 $ 4,136 $ 0.882 $ 4,254 $ 0.907 5,000 $ 6,783 $ 1.357 $ 6,974 $ 1.395 29 B Medical Offices - Complete 1,000 $ 3,042 $ 0.244 $ 3,128 $ 0.251 4,000 $ 3,773 $ 0.331 $ 3,880 $ 0.341 10,000 $ 5,761 $ 0.359 $ 5,924 $ 0.369 20,000 $ 9,349 $ 0.241 $ 9,613 $ 0.248 50,000 $ 16,587 $ 0.332 $ 17,056 $ 0.341 30 B Medical Offices - Shell 1,000 $ 1,834 $ 0.110 $ 1,886 $ 0.113 4,000 $ 2,165 $ 0.140 $ 2,226 $ 0.144 10,000 $ 3,003 $ 0.152 $ 3,088 $ 0.156 20,000 $ 4,523 $ 0.100 $ 4,651 $ 0.102 50,000 $ 7,509 $ 0.150 $ 7,721 $ 0.154 31 B Medical Offices - TI 250 $ 1,738 $ 0.397 $ 1,788 $ 0.408 1,000 $ 2,036 $ 0.498 $ 2,094 $ 0.512 2,500 $ 2,782 $ 0.542 $ 2,861 $ 0.557 5,000 $ 4,136 $ 0.353 $ 4,254 $ 0.363 12,500 $ 6,783 $ 0.543 $ 6,974 $ 0.558 32 - Restaurant - Complete 500 $ 2,317 $ 0.328 $ 2,382 $ 0.337 2,000 $ 2,808 $ 0.433 $ 2,888 $ 0.445 5,000 $ 4,106 $ 0.469 $ 4,222 $ 0.483 10,000 $ 6,453 $ 0.312 $ 6,636 $ 0.321 25,000 $ 11,140 $ 0.446 $ 11,455 $ 0.458 Page 213 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING PLAN CHECK PLAN CHECK VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION All fees include MPE plan checks. Note: Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 33 - Restaurant - Shell 500 $ 1,593 $ 0.167 $ 1,638 $ 0.172 2,000 $ 1,843 $ 0.203 $ 1,895 $ 0.208 5,000 $ 2,451 $ 0.221 $ 2,520 $ 0.227 10,000 $ 3,557 $ 0.142 $ 3,658 $ 0.146 25,000 $ 5,692 $ 0.228 $ 5,853 $ 0.234 34 - Restaurant - TI 250 $ 1,472 $ 0.280 $ 1,514 $ 0.288 1,000 $ 1,682 $ 0.329 $ 1,730 $ 0.339 2,500 $ 2,176 $ 0.359 $ 2,237 $ 0.370 5,000 $ 3,074 $ 0.228 $ 3,161 $ 0.234 12,500 $ 4,785 $ 0.383 $ 4,920 $ 0.394 35 I-4 Day Care Facility - Complete 250 $ 2,028 $ 0.525 $ 2,086 $ 0.539 1,000 $ 2,422 $ 0.682 $ 2,490 $ 0.701 2,500 $ 3,444 $ 0.740 $ 3,542 $ 0.761 5,000 $ 5,295 $ 0.489 $ 5,445 $ 0.503 12,500 $ 8,961 $ 0.717 $ 9,214 $ 0.737 36 I-4 Day Care Facility - TI 100 $ 1,738 $ 0.992 $ 1,788 $ 1.020 400 $ 2,036 $ 1.244 $ 2,094 $ 1.279 1,000 $ 2,782 $ 1.354 $ 2,861 $ 1.392 2,000 $ 4,136 $ 0.882 $ 4,254 $ 0.907 5,000 $ 6,783 $ 1.357 $ 6,974 $ 1.395 37 H Hazardous H - Complete 500 $ 1,883 $ 0.231 $ 1,936 $ 0.237 2,000 $ 2,229 $ 0.295 $ 2,292 $ 0.303 5,000 $ 3,113 $ 0.321 $ 3,201 $ 0.330 10,000 $ 4,716 $ 0.210 $ 4,849 $ 0.216 25,000 $ 7,872 $ 0.315 $ 8,094 $ 0.324 38 H Hazardous H - Shell 500 $ 2,317 $ 0.328 $ 2,382 $ 0.337 2,000 $ 2,808 $ 0.433 $ 2,888 $ 0.445 5,000 $ 4,106 $ 0.469 $ 4,222 $ 0.483 10,000 $ 6,453 $ 0.312 $ 6,636 $ 0.321 25,000 $ 11,140 $ 0.446 $ 11,455 $ 0.458 39 H Hazardous H - T I 100 $ 1,738 $ 0.992 $ 1,788 $ 1.020 400 $ 2,036 $ 1.244 $ 2,094 $ 1.279 1,000 $ 2,782 $ 1.354 $ 2,861 $ 1.392 2,000 $ 4,136 $ 0.882 $ 4,254 $ 0.907 5,000 $ 6,783 $ 1.357 $ 6,974 $ 1.395 40 - Commercial Building - Foundation 200 $ 1,352 $ 0.282 $ 1,390 $ 0.290 800 $ 1,521 $ 0.316 $ 1,564 $ 0.325 2,000 $ 1,900 $ 0.346 $ 1,953 $ 0.356 4,000 $ 2,592 $ 0.214 $ 2,665 $ 0.220 10,000 $ 3,877 $ 0.388 $ 3,987 $ 0.399 Page 214 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING PLAN CHECK PLAN CHECK VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION All fees include MPE plan checks. Note: Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 41 - Commercial Building - Addition 200 $ 1,400 $ 0.308 $ 1,440 $ 0.317 800 $ 1,585 $ 0.354 $ 1,630 $ 0.364 2,000 $ 2,010 $ 0.388 $ 2,067 $ 0.399 4,000 $ 2,786 $ 0.242 $ 2,865 $ 0.249 10,000 $ 4,240 $ 0.424 $ 4,360 $ 0.436 42 R-2 Apartment Building 1,000 $ 3,042 $ 0.244 $ 3,128 $ 0.251 4,000 $ 3,773 $ 0.331 $ 3,880 $ 0.341 10,000 $ 5,761 $ 0.359 $ 5,924 $ 0.369 20,000 $ 9,349 $ 0.241 $ 9,613 $ 0.248 50,000 $ 16,587 $ 0.332 $ 17,056 $ 0.341 43 R-3 Single-Family (custom or model) 1,000 $ 2,451 $ 0.139 $ 2,520 $ 0.143 2,000 $ 2,590 $ 0.717 $ 2,663 $ 0.737 3,000 $ 3,307 $ 0.374 $ 3,400 $ 0.385 5,000 $ 4,055 $ 0.531 $ 4,170 $ 0.546 7,500 $ 5,382 $ 0.718 $ 5,535 $ 0.738 44 R-3 Single-Family - Production/Repeat 667 $ 1,441 $ 0.081 $ 1,482 $ 0.083 1,333 $ 1,495 $ 0.276 $ 1,537 $ 0.283 2,000 $ 1,679 $ 0.215 $ 1,726 $ 0.221 3,333 $ 1,965 $ 0.250 $ 2,021 $ 0.257 5,000 $ 2,381 $ 0.476 $ 2,448 $ 0.490 45 R-3 Moved Building - Residential 333 $ 1,373 $ 0.145 $ 1,412 $ 0.150 667 $ 1,422 $ 0.443 $ 1,462 $ 0.456 1,000 $ 1,569 $ 0.382 $ 1,614 $ 0.393 1,667 $ 1,824 $ 0.425 $ 1,876 $ 0.437 2,500 $ 2,178 $ 0.871 $ 2,240 $ 0.896 46 R-3 Manufactured Home - Complete 800 $ 1,250 $ 0.049 $ 1,286 $ 0.051 1,600 $ 1,290 $ 0.100 $ 1,326 $ 0.103 2,400 $ 1,370 $ 0.125 $ 1,409 $ 0.128 4,000 $ 1,569 $ 0.121 $ 1,614 $ 0.124 6,000 $ 1,811 $ 0.302 $ 1,862 $ 0.310 47 R-3 Prefabricated Dwelling - Complete 667 $ 1,250 $ 0.059 $ 1,286 $ 0.061 1,333 $ 1,290 $ 0.120 $ 1,326 $ 0.123 2,000 $ 1,370 $ 0.150 $ 1,409 $ 0.154 3,333 $ 1,569 $ 0.145 $ 1,614 $ 0.149 5,000 $ 1,811 $ 0.362 $ 1,862 $ 0.372 48 - Commercial Coach - Complete 120 $ 1,096 $ 0.235 $ 1,127 $ 0.242 480 $ 1,180 $ 0.186 $ 1,214 $ 0.192 1,200 $ 1,315 $ 0.212 $ 1,352 $ 0.218 2,400 $ 1,569 $ 0.106 $ 1,614 $ 0.109 6,000 $ 1,953 $ 0.325 $ 2,008 $ 0.335 Page 215 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING PLAN CHECK PLAN CHECK VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION All fees include MPE plan checks. Note: Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 49 - Modular Building - Complete 240 $ 1,096 $ 0.117 $ 1,127 $ 0.121 960 $ 1,180 $ 0.093 $ 1,214 $ 0.096 2,400 $ 1,315 $ 0.106 $ 1,352 $ 0.109 4,800 $ 1,569 $ 0.053 $ 1,614 $ 0.055 12,000 $ 1,953 $ 0.163 $ 2,008 $ 0.167 50 - Manufactured Building - Foundation 500 $ 1,121 $ 0.061 $ 1,152 $ 0.063 2,000 $ 1,212 $ 0.053 $ 1,246 $ 0.054 5,000 $ 1,370 $ 0.059 $ 1,409 $ 0.061 10,000 $ 1,665 $ 0.031 $ 1,712 $ 0.032 25,000 $ 2,134 $ 0.085 $ 2,195 $ 0.088 51 U Residential Garage 167 $ 1,250 $ 0.237 $ 1,286 $ 0.243 333 $ 1,290 $ 0.480 $ 1,326 $ 0.494 500 $ 1,370 $ 0.599 $ 1,409 $ 0.616 833 $ 1,569 $ 0.579 $ 1,614 $ 0.595 1,250 $ 1,811 $ 1.449 $ 1,862 $ 1.489 52 U Pool/Spa - Standard Plan 40 $ 1,159 $ 0.874 $ 1,192 $ 0.898 160 $ 1,264 $ 0.813 $ 1,300 $ 0.836 400 $ 1,459 $ 0.902 $ 1,500 $ 0.927 800 $ 1,820 $ 0.505 $ 1,871 $ 0.519 2,000 $ 2,425 $ 1.213 $ 2,494 $ 1.247 53 - Commercial Building - Remodel 200 $ 1,738 $ 0.496 $ 1,788 $ 0.510 800 $ 2,036 $ 0.622 $ 2,094 $ 0.640 2,000 $ 2,782 $ 0.677 $ 2,861 $ 0.696 4,000 $ 4,136 $ 0.441 $ 4,254 $ 0.453 10,000 $ 6,783 $ 0.678 $ 6,974 $ 0.697 54 - Commercial Building - Repair 200 $ 1,690 $ 0.470 $ 1,738 $ 0.483 800 $ 1,972 $ 0.583 $ 2,028 $ 0.600 2,000 $ 2,672 $ 0.636 $ 2,748 $ 0.654 4,000 $ 3,944 $ 0.413 $ 4,055 $ 0.424 10,000 $ 6,420 $ 0.642 $ 6,601 $ 0.660 55 U Accessory Building - Commercial 50 $ 1,140 $ 0.654 $ 1,172 $ 0.672 200 $ 1,238 $ 0.590 $ 1,273 $ 0.607 500 $ 1,415 $ 0.656 $ 1,455 $ 0.675 1,000 $ 1,743 $ 0.358 $ 1,792 $ 0.368 2,500 $ 2,280 $ 0.912 $ 2,344 $ 0.938 56 U Commercial Carport 50 $ 1,140 $ 0.654 $ 1,172 $ 0.672 200 $ 1,238 $ 0.590 $ 1,273 $ 0.607 500 $ 1,415 $ 0.656 $ 1,455 $ 0.675 1,000 $ 1,743 $ 0.358 $ 1,792 $ 0.368 2,500 $ 2,280 $ 0.912 $ 2,344 $ 0.938 Page 216 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING PLAN CHECK PLAN CHECK VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION All fees include MPE plan checks. Note: Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 57 R-3 Single-Family Residential - Addition 167 $ 1,441 $ 0.325 $ 1,482 $ 0.334 333 $ 1,495 $ 1.103 $ 1,537 $ 1.134 500 $ 1,679 $ 0.859 $ 1,726 $ 0.883 833 $ 1,965 $ 0.998 $ 2,021 $ 1.027 1,250 $ 2,381 $ 1.905 $ 2,448 $ 1.959 58 R-2 Multi-Family Residential - Addition 333 $ 1,645 $ 0.213 $ 1,691 $ 0.219 667 $ 1,716 $ 0.883 $ 1,764 $ 0.908 1,000 $ 2,010 $ 0.570 $ 2,067 $ 0.586 1,667 $ 2,390 $ 0.722 $ 2,458 $ 0.743 2,500 $ 2,992 $ 1.197 $ 3,077 $ 1.231 59 R-3 Single-Family Residential - Remodel 333 $ 1,237 $ 0.115 $ 1,272 $ 0.118 667 $ 1,275 $ 0.220 $ 1,311 $ 0.226 1,000 $ 1,348 $ 0.289 $ 1,387 $ 0.297 1,667 $ 1,541 $ 0.275 $ 1,585 $ 0.282 2,500 $ 1,770 $ 0.708 $ 1,820 $ 0.728 60 R-2 Multi-Family Residential - Remodel 667 $ 1,380 $ 0.074 $ 1,419 $ 0.077 1,333 $ 1,430 $ 0.225 $ 1,470 $ 0.231 2,000 $ 1,580 $ 0.194 $ 1,624 $ 0.199 3,333 $ 1,838 $ 0.216 $ 1,890 $ 0.223 5,000 $ 2,198 $ 0.440 $ 2,261 $ 0.452 61 R-3 Residential Building - Foundation 333 $ 1,069 $ 0.071 $ 1,099 $ 0.073 667 $ 1,092 $ 0.284 $ 1,123 $ 0.292 1,000 $ 1,187 $ 0.188 $ 1,221 $ 0.193 1,667 $ 1,312 $ 0.235 $ 1,349 $ 0.242 2,500 $ 1,508 $ 0.603 $ 1,551 $ 0.620 62 U Accessory Building - Residential 83 $ 1,028 $ 0.230 $ 1,057 $ 0.237 167 $ 1,047 $ 0.893 $ 1,077 $ 0.918 250 $ 1,122 $ 0.636 $ 1,154 $ 0.654 417 $ 1,228 $ 0.763 $ 1,263 $ 0.785 625 $ 1,387 $ 2.219 $ 1,426 $ 2.282 63 U Residential Carport 133 $ 1,028 $ 0.144 $ 1,057 $ 0.148 267 $ 1,047 $ 0.558 $ 1,077 $ 0.574 400 $ 1,122 $ 0.397 $ 1,154 $ 0.409 667 $ 1,228 $ 0.477 $ 1,263 $ 0.490 1,000 $ 1,387 $ 1.387 $ 1,426 $ 1.426 64 U Residential Patio Cover 83 $ 1,028 $ 0.230 $ 1,057 $ 0.237 167 $ 1,047 $ 0.893 $ 1,077 $ 0.918 250 $ 1,122 $ 0.636 $ 1,154 $ 0.654 417 $ 1,228 $ 0.763 $ 1,263 $ 0.785 625 $ 1,387 $ 2.219 $ 1,426 $ 2.282 Page 217 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING PLAN CHECK PLAN CHECK VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION All fees include MPE plan checks. Note: Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 65 U Residential Balcony/Deck 83 $ 1,163 $ 0.379 $ 1,196 $ 0.390 167 $ 1,195 $ 1.759 $ 1,229 $ 1.809 250 $ 1,342 $ 1.008 $ 1,380 $ 1.036 417 $ 1,510 $ 1.364 $ 1,552 $ 1.402 625 $ 1,794 $ 2.870 $ 1,844 $ 2.951 66 U Residential Patio Enclosure 83 $ 1,130 $ 0.338 $ 1,162 $ 0.348 167 $ 1,158 $ 1.542 $ 1,191 $ 1.586 250 $ 1,286 $ 0.920 $ 1,323 $ 0.946 417 $ 1,440 $ 1.212 $ 1,480 $ 1.247 625 $ 1,692 $ 2.708 $ 1,740 $ 2.784 Page 218 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING INSPECTION INSPECTION VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 1 A-1 Assembly Group - Theaters 2,000 $ 3,270 $ 0.400 $ 3,362 $ 0.411 8,000 $ 5,669 $ 0.347 $ 5,829 $ 0.357 20,000 $ 9,833 $ 0.298 $ 10,112 $ 0.307 40,000 $ 15,797 $ 0.338 $ 16,244 $ 0.347 100,000 $ 36,051 $ 0.361 $ 37,072 $ 0.371 2 A-2 Assembly Group: Restaurants, nightclubs 1,000 $ 2,654 $ 0.631 $ 2,729 $ 0.648 4,000 $ 4,546 $ 0.654 $ 4,674 $ 0.673 10,000 $ 8,473 $ 0.540 $ 8,712 $ 0.555 20,000 $ 13,871 $ 0.639 $ 14,263 $ 0.657 50,000 $ 33,033 $ 0.661 $ 33,968 $ 0.679 3 A Assembly Group - TI 250 $ 719 $ 0.749 $ 740 $ 0.770 1,000 $ 1,281 $ 0.265 $ 1,317 $ 0.273 2,500 $ 1,679 $ 0.292 $ 1,726 $ 0.300 5,000 $ 2,409 $ 0.260 $ 2,477 $ 0.268 12,500 $ 4,362 $ 0.349 $ 4,485 $ 0.359 4 A-3 Church and Religious Bldg - Complete 1,000 $ 2,161 $ 0.496 $ 2,222 $ 0.510 4,000 $ 3,648 $ 0.623 $ 3,752 $ 0.640 10,000 $ 7,385 $ 0.494 $ 7,594 $ 0.508 20,000 $ 12,329 $ 0.610 $ 12,678 $ 0.627 50,000 $ 30,618 $ 0.612 $ 31,485 $ 0.630 5 R-4 Congregate Care - Complete 500 $ 1,387 $ 0.614 $ 1,426 $ 0.631 2,000 $ 2,308 $ 0.696 $ 2,373 $ 0.715 5,000 $ 4,395 $ 0.534 $ 4,519 $ 0.549 10,000 $ 7,066 $ 0.698 $ 7,265 $ 0.717 25,000 $ 17,531 $ 0.701 $ 18,027 $ 0.721 6 A-3 Church and Religious Bldg - TI 250 $ 536 $ 0.546 $ 551 $ 0.561 1,000 $ 945 $ 0.218 $ 972 $ 0.224 2,500 $ 1,272 $ 0.224 $ 1,308 $ 0.230 5,000 $ 1,831 $ 0.217 $ 1,883 $ 0.223 12,500 $ 3,456 $ 0.276 $ 3,553 $ 0.284 7 E Educational Building - Complete 2,000 $ 3,209 $ 0.391 $ 3,299 $ 0.402 8,000 $ 5,556 $ 0.345 $ 5,713 $ 0.355 20,000 $ 9,697 $ 0.295 $ 9,971 $ 0.304 40,000 $ 15,605 $ 0.336 $ 16,046 $ 0.345 100,000 $ 35,749 $ 0.357 $ 36,761 $ 0.368 8 E Educational Building - TI 250 $ 536 $ 0.546 $ 551 $ 0.561 1,000 $ 945 $ 0.218 $ 972 $ 0.224 2,500 $ 1,272 $ 0.224 $ 1,308 $ 0.230 5,000 $ 1,831 $ 0.217 $ 1,883 $ 0.223 12,500 $ 3,456 $ 0.276 $ 3,553 $ 0.284 Page 219 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING INSPECTION INSPECTION VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 9 S-2 Parking Garage - Complete 500 $ 719 $ 0.374 $ 740 $ 0.385 2,000 $ 1,281 $ 0.133 $ 1,317 $ 0.136 5,000 $ 1,679 $ 0.146 $ 1,726 $ 0.150 10,000 $ 2,409 $ 0.130 $ 2,477 $ 0.134 25,000 $ 4,362 $ 0.174 $ 4,485 $ 0.179 10 R-1 Hotel Low/Mid Rise - Complete 1,000 $ 2,161 $ 0.496 $ 2,222 $ 0.510 4,000 $ 3,648 $ 0.623 $ 3,752 $ 0.640 10,000 $ 7,385 $ 0.494 $ 7,594 $ 0.508 20,000 $ 12,329 $ 0.610 $ 12,678 $ 0.627 50,000 $ 30,618 $ 0.612 $ 31,485 $ 0.630 11 R-1 Hotel Low/Mid Rise - Shell 1,000 $ 769 $ 0.201 $ 791 $ 0.206 4,000 $ 1,371 $ 0.070 $ 1,410 $ 0.071 10,000 $ 1,788 $ 0.078 $ 1,839 $ 0.080 20,000 $ 2,564 $ 0.068 $ 2,636 $ 0.070 50,000 $ 4,603 $ 0.092 $ 4,734 $ 0.095 12 R-1 Hotel Low/Mid Rise - TI 250 $ 536 $ 0.546 $ 551 $ 0.561 1,000 $ 945 $ 0.218 $ 972 $ 0.224 2,500 $ 1,272 $ 0.224 $ 1,308 $ 0.230 5,000 $ 1,831 $ 0.217 $ 1,883 $ 0.223 12,500 $ 3,456 $ 0.276 $ 3,553 $ 0.284 13 B Offices, etc. - Complete 500 $ 2,408 $ 1.230 $ 2,476 $ 1.265 2,000 $ 4,254 $ 0.790 $ 4,374 $ 0.812 5,000 $ 6,622 $ 0.741 $ 6,810 $ 0.762 10,000 $ 10,326 $ 0.760 $ 10,618 $ 0.782 25,000 $ 21,729 $ 0.869 $ 22,344 $ 0.894 14 B Offices, etc. - Shell 1,000 $ 436 $ 0.109 $ 449 $ 0.112 4,000 $ 764 $ 0.048 $ 786 $ 0.049 10,000 $ 1,053 $ 0.047 $ 1,083 $ 0.048 20,000 $ 1,523 $ 0.048 $ 1,566 $ 0.050 50,000 $ 2,973 $ 0.059 $ 3,057 $ 0.061 15 B Offices, etc. - TI 100 $ 317 $ 0.763 $ 326 $ 0.784 400 $ 546 $ 0.404 $ 561 $ 0.415 1,000 $ 788 $ 0.360 $ 810 $ 0.370 2,000 $ 1,148 $ 0.412 $ 1,180 $ 0.424 5,000 $ 2,384 $ 0.477 $ 2,452 $ 0.490 16 F Industrial Building - Complete 1,000 $ 2,100 $ 0.479 $ 2,160 $ 0.492 4,000 $ 3,537 $ 0.619 $ 3,637 $ 0.636 10,000 $ 7,248 $ 0.489 $ 7,453 $ 0.503 20,000 $ 12,137 $ 0.606 $ 12,480 $ 0.623 50,000 $ 30,316 $ 0.606 $ 31,174 $ 0.623 Page 220 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING INSPECTION INSPECTION VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 17 F Industrial Building - Shell 1,000 $ 507 $ 0.129 $ 522 $ 0.133 4,000 $ 894 $ 0.053 $ 919 $ 0.054 10,000 $ 1,210 $ 0.054 $ 1,244 $ 0.055 20,000 $ 1,745 $ 0.053 $ 1,795 $ 0.054 50,000 $ 3,320 $ 0.066 $ 3,414 $ 0.068 18 F Industrial Building - TI 250 $ 692 $ 0.719 $ 712 $ 0.739 1,000 $ 1,231 $ 0.258 $ 1,266 $ 0.265 2,500 $ 1,618 $ 0.282 $ 1,664 $ 0.290 5,000 $ 2,322 $ 0.254 $ 2,388 $ 0.261 12,500 $ 4,226 $ 0.338 $ 4,345 $ 0.348 19 S-1 Repair Garage & Service St - Complete 500 $ 1,018 $ 0.411 $ 1,047 $ 0.423 2,000 $ 1,635 $ 0.648 $ 1,681 $ 0.666 5,000 $ 3,578 $ 0.466 $ 3,680 $ 0.479 10,000 $ 5,910 $ 0.654 $ 6,077 $ 0.673 25,000 $ 15,721 $ 0.629 $ 16,166 $ 0.647 20 S-1 Repair Garage & Service St - Shell 500 $ 477 $ 0.241 $ 490 $ 0.247 2,000 $ 838 $ 0.101 $ 861 $ 0.104 5,000 $ 1,142 $ 0.101 $ 1,174 $ 0.104 10,000 $ 1,648 $ 0.101 $ 1,695 $ 0.104 25,000 $ 3,169 $ 0.127 $ 3,259 $ 0.130 21 S-1 Repair Garage & Service St - TI 100 $ 317 $ 0.763 $ 326 $ 0.784 400 $ 546 $ 0.404 $ 561 $ 0.415 1,000 $ 788 $ 0.360 $ 810 $ 0.370 2,000 $ 1,148 $ 0.412 $ 1,180 $ 0.424 5,000 $ 2,384 $ 0.477 $ 2,452 $ 0.490 22 M Retail Sales - Complete 500 $ 1,111 $ 0.461 $ 1,142 $ 0.475 2,000 $ 1,803 $ 0.660 $ 1,854 $ 0.679 5,000 $ 3,782 $ 0.483 $ 3,890 $ 0.497 10,000 $ 6,199 $ 0.665 $ 6,374 $ 0.684 25,000 $ 16,173 $ 0.647 $ 16,631 $ 0.665 23 M Retail Sales - Shell 500 $ 584 $ 0.300 $ 601 $ 0.308 2,000 $ 1,034 $ 0.115 $ 1,063 $ 0.119 5,000 $ 1,380 $ 0.121 $ 1,419 $ 0.125 10,000 $ 1,985 $ 0.114 $ 2,042 $ 0.117 25,000 $ 3,698 $ 0.148 $ 3,803 $ 0.152 24 M Retail Sales - TI 100 $ 317 $ 0.763 $ 326 $ 0.784 400 $ 546 $ 0.404 $ 561 $ 0.415 1,000 $ 788 $ 0.360 $ 810 $ 0.370 2,000 $ 1,148 $ 0.412 $ 1,180 $ 0.424 5,000 $ 2,384 $ 0.477 $ 2,452 $ 0.490 Page 221 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING INSPECTION INSPECTION VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 25 - Warehouse - Complete 2,000 $ 2,865 $ 0.356 $ 2,946 $ 0.366 8,000 $ 5,000 $ 0.222 $ 5,142 $ 0.228 20,000 $ 7,660 $ 0.201 $ 7,876 $ 0.207 40,000 $ 11,689 $ 0.218 $ 12,020 $ 0.224 100,000 $ 24,776 $ 0.248 $ 25,477 $ 0.255 26 I Medical/24 Hour Care - Complete 1,000 $ 2,161 $ 0.496 $ 2,222 $ 0.510 4,000 $ 3,648 $ 0.623 $ 3,752 $ 0.640 10,000 $ 7,385 $ 0.494 $ 7,594 $ 0.508 20,000 $ 12,329 $ 0.610 $ 12,678 $ 0.627 50,000 $ 30,618 $ 0.612 $ 31,485 $ 0.630 27 I Medical/24 Hour Care - Shell 1,000 $ 538 $ 0.138 $ 553 $ 0.141 4,000 $ 950 $ 0.055 $ 977 $ 0.056 10,000 $ 1,278 $ 0.056 $ 1,315 $ 0.058 20,000 $ 1,841 $ 0.054 $ 1,893 $ 0.056 50,000 $ 3,471 $ 0.069 $ 3,570 $ 0.071 28 I Medical/24Hour Care - TI 100 $ 285 $ 0.684 $ 293 $ 0.703 400 $ 490 $ 0.383 $ 504 $ 0.394 1,000 $ 720 $ 0.330 $ 741 $ 0.340 2,000 $ 1,051 $ 0.394 $ 1,080 $ 0.405 5,000 $ 2,233 $ 0.447 $ 2,297 $ 0.459 29 B Medical Offices - Complete 1,000 $ 2,161 $ 0.496 $ 2,222 $ 0.510 4,000 $ 3,648 $ 0.623 $ 3,752 $ 0.640 10,000 $ 7,385 $ 0.494 $ 7,594 $ 0.508 20,000 $ 12,329 $ 0.610 $ 12,678 $ 0.627 50,000 $ 30,618 $ 0.612 $ 31,485 $ 0.630 30 B Medical Offices - Shell 1,000 $ 554 $ 0.142 $ 569 $ 0.146 4,000 $ 979 $ 0.056 $ 1,006 $ 0.057 10,000 $ 1,312 $ 0.058 $ 1,349 $ 0.059 20,000 $ 1,890 $ 0.055 $ 1,943 $ 0.057 50,000 $ 3,547 $ 0.071 $ 3,647 $ 0.073 31 B Medical Offices - TI 250 $ 723 $ 0.752 $ 743 $ 0.773 1,000 $ 1,286 $ 0.267 $ 1,323 $ 0.274 2,500 $ 1,687 $ 0.293 $ 1,734 $ 0.301 5,000 $ 2,419 $ 0.261 $ 2,488 $ 0.268 12,500 $ 4,377 $ 0.350 $ 4,500 $ 0.360 32 - Restaurant - Complete 500 $ 1,111 $ 0.461 $ 1,142 $ 0.475 2,000 $ 1,803 $ 0.660 $ 1,854 $ 0.679 5,000 $ 3,782 $ 0.483 $ 3,890 $ 0.497 10,000 $ 6,199 $ 0.665 $ 6,374 $ 0.684 25,000 $ 16,173 $ 0.647 $ 16,631 $ 0.665 Page 222 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING INSPECTION INSPECTION VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 33 - Restaurant - Shell 500 $ 492 $ 0.250 $ 505 $ 0.257 2,000 $ 866 $ 0.103 $ 890 $ 0.106 5,000 $ 1,176 $ 0.104 $ 1,209 $ 0.107 10,000 $ 1,697 $ 0.103 $ 1,745 $ 0.106 25,000 $ 3,245 $ 0.130 $ 3,337 $ 0.133 34 - Restaurant - TI 250 $ 723 $ 0.752 $ 743 $ 0.773 1,000 $ 1,286 $ 0.267 $ 1,323 $ 0.274 2,500 $ 1,687 $ 0.293 $ 1,734 $ 0.301 5,000 $ 2,419 $ 0.261 $ 2,488 $ 0.268 12,500 $ 4,377 $ 0.350 $ 4,500 $ 0.360 35 I-4 Day Care Facility - Complete 250 $ 1,111 $ 0.923 $ 1,142 $ 0.949 1,000 $ 1,803 $ 1.320 $ 1,854 $ 1.357 2,500 $ 3,782 $ 0.966 $ 3,890 $ 0.994 5,000 $ 6,199 $ 1.330 $ 6,374 $ 1.368 12,500 $ 16,173 $ 1.294 $ 16,631 $ 1.330 36 I-4 Day Care Facility - TI 100 $ 255 $ 0.598 $ 262 $ 0.614 400 $ 434 $ 0.363 $ 446 $ 0.373 1,000 $ 652 $ 0.303 $ 670 $ 0.312 2,000 $ 955 $ 0.376 $ 982 $ 0.386 5,000 $ 2,082 $ 0.416 $ 2,141 $ 0.428 37 H Hazardous H - Complete 500 $ 1,111 $ 0.461 $ 1,142 $ 0.475 2,000 $ 1,803 $ 0.660 $ 1,854 $ 0.679 5,000 $ 3,782 $ 0.483 $ 3,890 $ 0.497 10,000 $ 6,199 $ 0.665 $ 6,374 $ 0.684 25,000 $ 16,173 $ 0.647 $ 16,631 $ 0.665 38 H Hazardous H - Shell 500 $ 461 $ 0.232 $ 474 $ 0.239 2,000 $ 809 $ 0.100 $ 832 $ 0.102 5,000 $ 1,108 $ 0.098 $ 1,140 $ 0.101 10,000 $ 1,600 $ 0.100 $ 1,645 $ 0.102 25,000 $ 3,094 $ 0.124 $ 3,181 $ 0.127 39 H Hazardous H- T I 100 $ 255 $ 0.598 $ 262 $ 0.614 400 $ 434 $ 0.363 $ 446 $ 0.373 1,000 $ 652 $ 0.303 $ 670 $ 0.312 2,000 $ 955 $ 0.376 $ 982 $ 0.386 5,000 $ 2,082 $ 0.416 $ 2,141 $ 0.428 40 - Commercial Building - Foundation 200 $ 255 $ 0.299 $ 262 $ 0.307 800 $ 434 $ 0.181 $ 446 $ 0.186 2,000 $ 652 $ 0.152 $ 670 $ 0.156 4,000 $ 955 $ 0.188 $ 982 $ 0.193 10,000 $ 2,082 $ 0.208 $ 2,141 $ 0.214 Page 223 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING INSPECTION INSPECTION VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 41 - Commercial Building - Addition 200 $ 285 $ 0.342 $ 293 $ 0.352 800 $ 490 $ 0.192 $ 504 $ 0.197 2,000 $ 720 $ 0.165 $ 741 $ 0.170 4,000 $ 1,051 $ 0.197 $ 1,080 $ 0.203 10,000 $ 2,233 $ 0.223 $ 2,297 $ 0.230 42 R-2 Apartment Building 1,000 $ 2,073 $ 0.513 $ 2,132 $ 0.527 4,000 $ 3,611 $ 0.589 $ 3,713 $ 0.606 10,000 $ 7,147 $ 0.500 $ 7,349 $ 0.514 20,000 $ 12,148 $ 0.562 $ 12,492 $ 0.577 50,000 $ 28,996 $ 0.580 $ 29,817 $ 0.596 43 R-3 Single-Family (custom or model) 1,000 $ 1,887 $ 1.123 $ 1,941 $ 1.155 2,000 $ 3,010 $ 1.147 $ 3,095 $ 1.179 3,000 $ 4,157 $ 1.028 $ 4,274 $ 1.057 5,000 $ 6,212 $ 0.841 $ 6,388 $ 0.864 7,500 $ 8,314 $ 1.108 $ 8,549 $ 1.140 44 R-3 Single-Family - Production / Repeat 667 $ 1,188 $ 0.998 $ 1,222 $ 1.026 1,333 $ 1,853 $ 0.974 $ 1,906 $ 1.002 2,000 $ 2,503 $ 0.837 $ 2,574 $ 0.861 3,333 $ 3,619 $ 0.771 $ 3,721 $ 0.793 5,000 $ 4,904 $ 0.981 $ 5,043 $ 1.009 45 R-3 Moved Building - Residential 333 $ 205 $ 0.386 $ 211 $ 0.396 667 $ 334 $ 0.406 $ 343 $ 0.417 1,000 $ 469 $ 0.367 $ 482 $ 0.377 1,667 $ 714 $ 0.281 $ 734 $ 0.289 2,500 $ 948 $ 0.379 $ 975 $ 0.390 46 R-3 Manufactured Home - Complete 800 $ 156 $ 0.128 $ 160 $ 0.132 1,600 $ 258 $ 0.135 $ 265 $ 0.139 2,400 $ 366 $ 0.126 $ 377 $ 0.130 4,000 $ 568 $ 0.091 $ 584 $ 0.093 6,000 $ 750 $ 0.125 $ 771 $ 0.128 47 R-3 Prefabricated Dwelling - Complete 667 $ 156 $ 0.154 $ 160 $ 0.158 1,333 $ 258 $ 0.162 $ 265 $ 0.167 2,000 $ 366 $ 0.151 $ 377 $ 0.156 3,333 $ 568 $ 0.109 $ 584 $ 0.112 5,000 $ 750 $ 0.150 $ 771 $ 0.154 48 - Commercial Coach - Complete 120 $ 125 $ 0.204 $ 129 $ 0.209 480 $ 198 $ 0.233 $ 204 $ 0.240 1,200 $ 366 $ 0.153 $ 377 $ 0.157 2,400 $ 550 $ 0.250 $ 566 $ 0.257 6,000 $ 1,449 $ 0.241 $ 1,490 $ 0.248 Page 224 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING INSPECTION INSPECTION VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 49 - Modular Building - Complete 240 $ 125 $ 0.102 $ 129 $ 0.105 960 $ 198 $ 0.117 $ 204 $ 0.120 2,400 $ 366 $ 0.077 $ 377 $ 0.079 4,800 $ 550 $ 0.125 $ 566 $ 0.128 12,000 $ 1,449 $ 0.121 $ 1,490 $ 0.124 50 - Manufactured Building - Foundation 500 $ 125 $ 0.049 $ 129 $ 0.050 2,000 $ 198 $ 0.056 $ 204 $ 0.058 5,000 $ 366 $ 0.037 $ 377 $ 0.038 10,000 $ 550 $ 0.060 $ 566 $ 0.062 25,000 $ 1,449 $ 0.058 $ 1,490 $ 0.060 51 U Residential Garage 167 $ 251 $ 0.920 $ 259 $ 0.946 333 $ 405 $ 0.954 $ 416 $ 0.981 500 $ 564 $ 0.859 $ 580 $ 0.883 833 $ 850 $ 0.679 $ 874 $ 0.698 1,250 $ 1,133 $ 0.906 $ 1,165 $ 0.932 52 U Pool/Spa - Standard Plan 40 $ 242 $ 1.409 $ 249 $ 1.449 160 $ 412 $ 0.888 $ 423 $ 0.913 400 $ 625 $ 0.730 $ 642 $ 0.751 800 $ 917 $ 0.922 $ 943 $ 0.948 2,000 $ 2,023 $ 1.011 $ 2,080 $ 1.040 53 - Commercial Building - Remodel 200 $ 474 $ 0.598 $ 487 $ 0.614 800 $ 832 $ 0.253 $ 856 $ 0.260 2,000 $ 1,135 $ 0.252 $ 1,167 $ 0.259 4,000 $ 1,639 $ 0.253 $ 1,686 $ 0.260 10,000 $ 3,155 $ 0.315 $ 3,244 $ 0.324 54 - Commercial Building - Repair 200 $ 474 $ 0.598 $ 487 $ 0.614 800 $ 832 $ 0.253 $ 856 $ 0.260 2,000 $ 1,135 $ 0.252 $ 1,167 $ 0.259 4,000 $ 1,639 $ 0.253 $ 1,686 $ 0.260 10,000 $ 3,155 $ 0.315 $ 3,244 $ 0.324 55 U Accessory Building - Commercial 50 $ 150 $ 0.624 $ 154 $ 0.641 200 $ 244 $ 0.590 $ 250 $ 0.607 500 $ 421 $ 0.415 $ 432 $ 0.427 1,000 $ 628 $ 0.628 $ 646 $ 0.645 2,500 $ 1,569 $ 0.628 $ 1,614 $ 0.646 56 U Commercial Carport 50 $ 184 $ 0.804 $ 189 $ 0.827 200 $ 304 $ 0.639 $ 313 $ 0.657 500 $ 496 $ 0.476 $ 510 $ 0.489 1,000 $ 734 $ 0.667 $ 755 $ 0.686 2,500 $ 1,735 $ 0.694 $ 1,784 $ 0.714 Page 225 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING INSPECTION INSPECTION VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 57 R-3 Single-Family Residential - Addition 167 $ 301 $ 1.082 $ 310 $ 1.113 333 $ 481 $ 1.109 $ 495 $ 1.141 500 $ 666 $ 0.988 $ 685 $ 1.016 833 $ 996 $ 0.806 $ 1,024 $ 0.829 1,250 $ 1,331 $ 1.065 $ 1,369 $ 1.095 58 R-2 Multi-Family Residential - Addition 333 $ 794 $ 1.350 $ 816 $ 1.388 667 $ 1,244 $ 1.329 $ 1,279 $ 1.367 1,000 $ 1,687 $ 1.150 $ 1,734 $ 1.183 1,667 $ 2,453 $ 1.036 $ 2,523 $ 1.066 2,500 $ 3,317 $ 1.327 $ 3,411 $ 1.364 59 R-3 Single-Family Residential - Remodel 333 $ 284 $ 0.517 $ 292 $ 0.532 667 $ 457 $ 0.524 $ 470 $ 0.539 1,000 $ 631 $ 0.474 $ 649 $ 0.487 1,667 $ 947 $ 0.383 $ 974 $ 0.394 2,500 $ 1,266 $ 0.506 $ 1,302 $ 0.521 60 R-2 Multi-Family Residential - Remodel 667 $ 409 $ 0.360 $ 421 $ 0.370 1,333 $ 649 $ 0.362 $ 668 $ 0.372 2,000 $ 891 $ 0.319 $ 916 $ 0.328 3,333 $ 1,316 $ 0.272 $ 1,353 $ 0.280 5,000 $ 1,769 $ 0.354 $ 1,819 $ 0.364 61 R-3 Residential Building - Foundation 333 $ 251 $ 0.460 $ 259 $ 0.473 667 $ 405 $ 0.477 $ 416 $ 0.490 1,000 $ 564 $ 0.430 $ 580 $ 0.442 1,667 $ 850 $ 0.340 $ 874 $ 0.349 2,500 $ 1,133 $ 0.453 $ 1,165 $ 0.466 62 U Accessory Building - Residential 83 $ 172 $ 1.326 $ 177 $ 1.363 167 $ 283 $ 1.407 $ 291 $ 1.447 250 $ 400 $ 1.299 $ 412 $ 1.336 417 $ 617 $ 0.958 $ 634 $ 0.985 625 $ 816 $ 1.306 $ 839 $ 1.343 63 U Residential Carport 133 $ 156 $ 0.769 $ 160 $ 0.791 267 $ 258 $ 0.812 $ 265 $ 0.835 400 $ 366 $ 0.757 $ 377 $ 0.778 667 $ 568 $ 0.545 $ 584 $ 0.560 1,000 $ 750 $ 0.750 $ 771 $ 0.771 64 U Residential Patio Cover 83 $ 156 $ 1.231 $ 160 $ 1.266 167 $ 258 $ 1.299 $ 265 $ 1.336 250 $ 366 $ 1.211 $ 377 $ 1.245 417 $ 568 $ 0.871 $ 584 $ 0.896 625 $ 750 $ 1.200 $ 771 $ 1.234 Page 226 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 BUILDING INSPECTION INSPECTION VARIABLE FEE SCHEDULE FOR NEW CONSTRUCTION Fee # CBC (ICC) Use Type Occupancy Size Basis (square feet) Base Fee FY 19-20 Each Additional SF FY 19-20 Base Fee FY 22-23 Each Additional SF FY 22-23 65 U Residential Balcony/Deck 83 $ 156 $ 1.231 $ 160 $ 1.266 167 $ 258 $ 1.299 $ 265 $ 1.336 250 $ 366 $ 1.211 $ 377 $ 1.245 417 $ 568 $ 0.871 $ 584 $ 0.896 625 $ 750 $ 1.200 $ 771 $ 1.234 66 U Residential Patio Enclosure 83 $ 156 $ 1.231 $ 160 $ 1.266 167 $ 258 $ 1.299 $ 265 $ 1.336 250 $ 366 $ 1.211 $ 377 $ 1.245 417 $ 568 $ 0.871 $ 584 $ 0.896 625 $ 750 $ 1.200 $ 771 $ 1.234 Page 227 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 RECREATION SERVICES Fee Description FY 2019-20 Fee FY 2022-23 Fee Copies, per page (Black and White) $ 0.20 $ 0.20 Park Facility Use Fees: Park Event Fee (over 80 people) per use 255.00 262.00 Bounce House per use 26.00 27.00 Strother Park-Large Barbecue per use 103.00 106.00 Strother Park-Security Deposit per use 50.00 50.00 Strother Park-Small Barbecue per use 58.00 60.00 Strother Park-Security 1,2,3 per use 100.00 103.00 Strother Park Deposit per use 50.00 50.00 Elm Street Park-Barbecue per use 103.00 106.00 Elm Street Park-Security Deposit per use 50.00 50.00 Rancho Grande Park - Large BBQ per use 103.00 106.00 Rancho Grande Park - Small BBQ (areas 2 and 3) per use 58.00 60.00 Kingo Park per use 58.00 60.00 Kingo Park Deposit per use 50.00 50.00 Rotary Bandstand Fees: Rent per use 124.00 128.00 Deposit per use 50.00 50.00 Soto Sports Complex Use Fees: Campbell Field Rental Fee per hour 21.00 22.00 Campbell Field Rental Fee (with lights) per hour 47.00 48.00 Pilg Field Rental Fee per hour 21.00 22.00 Pilg Field Rental Fee (with lights) per hour 47.00 48.00 Santos Field Rental Fee per hour 21.00 22.00 Volunteer Field Rental Fee per hour 21.00 22.00 Volunteer Field with Lights Rental per hour 47.00 48.00 Ikeda Field Rental per hour 21.00 22.00 Ikeda Field with Lights Rental per hour 47.00 48.00 Porter Field Rental Fee per hour 27.00 28.00 Porter Field with Lights Rental per hour 56.00 58.00 Tennis Court Rental-1 court per hour 12.00 12.00 Tennis Courts - 4 courts per day 121.00 124.00 Pickleball Club - Annual Fee 110.00 110.00 Food Booth Rental Fee (Soto) per day 200.00 206.00 Food Vendor Space Rental Fee 15% of Gross 15% of Gross Cleaning Deposit per use 325.00 325.00 Meeting Room Rental Fee (Jaycee room) per day 27.00 28.00 Field Prep Fees (except Porter) per prep 63.00 65.00 Field Prep Fees - Porter per prep 94.00 97.00 Tournament Sch. & Coordination Fee per tournament 89.00 92.00 Tournament Non-Refundable Booking Fee 302.00 311.00 Tournament Staff Attendant per hour 25.00 26.00 Page 228 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 RECREATION SERVICES Fee Description FY 2019-20 Fee FY 2022-23 Fee Soto Sports Complex Use Fees - APPROVED YOUTH GROUPS: Field Rental (practice and league games) - each field per hour $ 3.00 $ 3.00 Field Rental (practice and league games) - each field (with lights) per hour 29.00 30.00 Concession Stand Fee - Buildings per hour 6.00 6.00 Concession Stand Fee - Mobile per hour 4.00 4.00 Non-resident - per participant 3.00 3.00 Fundraiser Event Fee 200.00 200.00 Woman's Club Use Fees: Non-Resident Fee Mon-Thur, before 5 pm per hour 68.00 70.00 Partial day rental - Mon - Thurs, after 5 pm per hour 68.00 70.00 Full day rental - Friday, Saturday, or Sunday 752.00 773.00 Second day rental - Friday, Saturday or Sunday 376.00 387.00 Security Deposit (No Alcohol/No Band) 400.00 400.00 Security Deposit (with Alcohol) 1,000.00 1,000.00 Building Supervision Fee per hour 25.00 26.00 Rental Fee (on-going users): Non-profit groups/Service clubs/Youth groups: (20 or less attendees) per hour 4.00 4.00 (21 - 50 attendees) " 5.00 5.00 (51 or more attendees) " 6.00 6.00 Groups with reciprocal services " 4.00 4.00 Private groups or clubs: per hour (20 or less attendees) " 13.00 13.00 (21 - 50 attendees) " 15.00 15.00 (51 or more attendees) " 16.00 16.00 Groups with reciprocal services " 7.00 7.00 For-profit groups per hour 36.00 37.00 Custodial Fee (special event rentals only) 150.00 150.00 Reservation Cancellation Fees: If cancelled 30 days or more ahead of event 100.00 100.00 If cancelled less than 30 days ahead of event 200.00 200.00 Amenities Fees: Chairs per chair 1.00 1.00 Tables per table 2.00 2.00 Audio/Visual system use per day 52.00 53.00 Community Garden Deposit 50.00 50.00 Community Garden Plot per 6 months 45.00 46.00 Page 229 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 RECREATION SERVICES Fee Description FY 2019-20 Fee FY 2022-23 Fee Mark M. Millis Community Center (formerly Elm Street Community Center) Use Fees: Rental Fee per hour $ 41.00 $ 42.00 Rental Fee - full day per day 211.00 217.00 Building Supervision Fee per hour 25.00 26.00 Security deposit 200.00 200.00 Adult Sport League Fees: Adult Softball 515.00 530.00 Adult Basketball 438.00 450.00 Non-Resident Fee 10.00 10.00 Pre-School Fees: Annual Registration Fee per child 25.00 25.00 Play & Learn-Tues & Thur. per hour 6.00 6.00 Play & Learn-Mon, Wed & Fri. " 6.00 6.00 Kindergartens in Training " 6.00 6.00 Summer Play & Learn " 6.00 6.00 Late Pick-up Fees: First late pick-up per child 5.00 5.00 Second late pick-up " 10.00 10.00 Third late pick-up " 20.00 20.00 Children In Motion Program: Children In Motion Annual Registration per child 25.00 25.00 Branch School - Mornings 5 Days Per Week per 4 wks 143.00 147.00 4 Days Per Week " 121.00 124.00 3 Days Per Week " 97.00 100.00 2 Days Per Week " 68.00 70.00 Branch School - Afternoons 5 Days Per Week per 4 wks 261.00 268.00 4 Days Per Week " 223.00 229.00 3 Days Per Week " 178.00 183.00 2 Days Per Week " 125.00 129.00 Extra Day - Branch School Morning per day 10.00 10.00 Afternoon " 17.00 17.00 Late Start Monday per day 5.00 5.00 Page 230 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 RECREATION SERVICES Fee Description FY 2019-20 Fee FY 2022-23 Fee Children In Motion Fees (continued): Kindercare - Branch School 5 Days Per Week per 4 wks $ 285.00 $ 293.00 4 Days Per Week " 243.00 250.00 3 Days Per Week " 194.00 199.00 2 Days Per Week " 137.00 141.00 Extra Day per day 19.00 20.00 Ocean View School - Mornings 5 Days Per Week per 4 wks 143.00 147.00 4 Days Per Week " 121.00 124.00 3 Days Per Week " 97.00 100.00 2 Days Per Week " 68.00 70.00 Ocean View School - Afternoons 5 Days Per Week per 4 wks 285.00 293.00 4 Days Per Week " 243.00 250.00 3 Days Per Week " 194.00 199.00 2 Days Per Week " 137.00 141.00 Extra Day - Ocean View School Morning per day 10.00 10.00 Afternoon " 19.00 20.00 Late Start Monday per day 5.00 5.00 Mark M. Millis Community Center (formerly Elm Community Center) - Afternoons Care Plan A 5 Days Per Week per 4 wks 166.00 171.00 4 Days Per Week " 142.00 146.00 3 Days Per Week " 113.00 116.00 2 Days Per Week " 80.00 82.00 Mark M. Millis Community Center (formerly Elm Community Center) - Afternoons Care Plan B 5 Days Per Week per 4 wks 428.00 440.00 4 Days Per Week " 364.00 374.00 3 Days Per Week " 291.00 299.00 2 Days Per Week " 205.00 211.00 Winter/Spring/Summer - Full Day 5 Days Per Week per week 215.00 221.00 4 Days Per Week " 182.00 187.00 3 Days Per Week " 151.00 155.00 Minimum Days (teacher work day/early release) Regular day of attendance per day 13.00 13.00 Non-regular day of attendance " 23.00 24.00 Page 231 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 RECREATION SERVICES Fee Description FY 2019-20 Fee FY 2022-23 Fee Children In Motion Fees (continued): Late Pick-up Fees: Children in Motion is open until 6:00 pm. Additional fees apply for children picked up after 6:00 Pickup 6:01 - 6:15 pm per child $ 10.00 $ 10.00 Pickup 6:16 - 6:30 pm " 20.00 20.00 Pickup 6:31 - 6:45 pm " 30.00 30.00 Page 232 of 340 City of Arroyo Grande MASTER FEE SCHEDULE Fiscal Year 2022-23 PUBLIC WORKS SERVICES Fee Description FY 2019-20 Fee FY 2022-23 Fee LABOR COSTS (per hour): DURING REGULAR WORK HOURS: Full Time employee $ 74.41 $ 74.61 Part Time employee 24.58 25.13 AFTER REGULAR WORK HOURS: Full Time employee 111.61 111.92 Part Time employee 36.87 37.70 MINIMUM CALL-OUT RATE 2 hours at 1.5 times billing rate 2 hours at 1.5 times billing rate EQUIPMENT BILLING RATE (per hour) Pickup Truck 17.00 17.00 Service Truck 42.00 42.00 Backhoe 43.00 43.00 CAT Generator 82.00 82.00 Loader 50.00 50.00 6" Pump 23.00 23.00 Dump/Flat Bed Truck (5-7 yds) 36.00 36.00 Sewer/Vacuum/Jet Truck 125.00 125.00 Chipper 44.00 44.00 Concrete Saw 10.00 10.00 Air Compressor 17.00 17.00 5-Ton Roller 30.00 30.00 Mini Excavator 60.00 60.00 Skid Steer 50.00 50.00 MATERIAL COST: (cost plus tax) Concrete (per yard) 195.00 195.00 Sand (per ton) 25.00 25.00 Class II Base (per ton) 30.00 30.00 A/C (per ton) 100.00 100.00 Page 233 of 340 ATTACHMENT 2 Page 234 of 340 Page 235 of 340 Page 236 of 340 Item 10.a. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Patrick Holub, Assistant Planner SUBJECT: Consider Potential Permanent Parklet Program DATE: April 12, 2022 SUMMARY OF ACTION: Receive an update on the City’s temporary parklet program and provide direction to staff regarding the draft permanent parklet program. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Staff time from both the Community Development Department and the City Attorney will be required to draft any future ordinance changes. Costs to support a permanent parklet program include in-house and/or contractual services for manual street sweeping, barrier adjustments, inspection and maintenance, and general program administration. Currently, there are a total of fourteen existing parking spaces displaced. It is recommended that parklet applicants fully cover the costs of the permanent parklets. These costs are listed under “Analysis of Issues,” and may be offset include permitting fees, rental costs associated with the loss of City property, and rental fees for physical barriers. RECOMMENDATION: Consider and provide direction to staff regarding the draft parklet program. BACKGROUND: The COVID-19 pandemic that began in 2020 created a public health crisis and unprecedented economic impacts throughout the country, State, and at the local level. In the City of Arroyo Grande (City), local businesses have been economically impacted by this public health emergency, especially restaurants, hotels, and retail establishments. This created both a significant challenge for the City - with an urgent need to support both public health and economic recovery of local businesses - as well as a unique opportunity to re-imagine how the City’s public right-of-way can be utilized to improve long-term community vibrancy and economic vitality. Page 237 of 340 Item 10.a. City Council Consider Potential Permanent Parklet Program April 12, 2022 Page 2 In response to the initial COVID-19 reopening process, the City adopted a resolution on June 23, 2020, authorizing the Community Development Director to waive application fees for encroachment permits and Minor Use Permits/Temporary Use Permits for restaurants that were seeking additional outdoor dining space. Starting in July of 2020, the City facilitated the installation of five temporary parklets for eight individual businesses in the Village. All of these parklets remain in use today. About eight other businesses, both in the Village and in other City commercial areas, took advantage of the opportunity to expand outdoor dining within private parking lots, including restaurants that utilized temporary barricades (concrete K-rail) provided by the City and installed at the City’s expense, in order to remain in business outdoors. Most of the temporary barriers used to provide outdoor dining space in parking lots outside of the Village area have been removed. The only temporary street closure that remains in effect is the closure of Short Street between Branch Street and Olohan Alley, which will be evaluated and presented to the Council as a separate future item. Attachment 1 includes a map of the parklets installed during the temporary program. Existing parklets within the Village displace a total of fourteen (14) parking spaces, which include partial spaces that can only support smaller vehicles. There are a total of sixty-one (61) on-street parking spaces along East and West Branch Streets in the Village. The parking spaces lost to parklets currently account for approximately twenty-three percent (23%) of the on-street parking in the Village. Attachment 2 includes photos of the existing parklets. ANALYSIS OF ISSUES: Parklet Study Session On November 23, 2021, the City Council held a study session on the status of the temporary parklet program and discussed the potential for a permanent parklet program. Council expressed concerns with various aspects of parklets, including the number, their proximity to each other, the safety of users, the amount of staff time dedicated to a permanent program, their consistency with the historic downtown, design of the parklets, and costs. Council directed staff to return with the framework of a program that evaluated and provided recommendations on the following issues :  Associated costs for application, rent, encroachment, and in-lieu parking;  Safety considerations;  Suggested design standards;  A cap on the number of parklets;  A proposed proximity between parklets;  Eligibility; and  Application and notification procedures. Costs and Safety Considerations It is recommended that parklet applicants fully cover the costs of the permanent parklets, which utilize public space to support private business operations. Costs involved include: permitting fees; rental costs associated with the loss of City property; and the rental costs Page 238 of 340 Item 10.a. City Council Consider Potential Permanent Parklet Program April 12, 2022 Page 3 associated with the physical barriers situated between the parklet and the roadway that ensure safety of all parklet users. In determining the rental costs to the City for the loss of on-street parking spaces, staff has reviewed information created by nearby jurisdictions. The Cities of Paso Robles and San Luis Obispo both have done research for the purpose of determining rental costs for the lost parking spaces from parklets. The City of Paso Robles indicated in a September 7, 2021 staff report that each of its downtown parking spaces generated $1,500 -$1,600 in revenue based upon the total tax generation of the downtown businesses divided by the number of lost parking spaces. The City of San Luis Obispo indicated in a July 20, 2021 staff report that the expected cost for each parklet was $5,000-$6,000 annually. Of this figure, $3,500 is the expected lost revenue from the City’s paid parking areas and the remaining expected cost includes costs for manual street sweeping; inspection and maintenance; and general program administration . Although different conditions exist within Arroyo Grande, City staff believes that rental costs for the use of parking spaces in the Village should be relatively consistent with these figures. As an alternative means to calculate the rental cost per parking space lost, the City’s one- time Downtown Parking In-Lieu Fee could be referenced. Established by Resolution 3994, the City’s current parking in-lieu fee in the Village is $24,000 per space and is a cost paid by applicants unable to provide the required parking for their proposed use of a property. With no other reference point for parking revenue such as parking meter collection, staff has proposed a rate of five percent (5%) annually as commensurate with the tax generation cited in other nearby cities, resulting in a per-space cost of $1,200 per year. Staff has identified this fee to be a reasonable monthly rental amount but would like feedback from Council as to the appropriateness of this amount. An additional comparison for rental cost considerations may be made to the existing lease agreement between the City and the owner of the Gina’s restaurant property. The outdoor patio area of the restaurant is within City owned property and the City currently receives $95 per month for the use of that space, which is approximately 275 square feet. This amounts to $0.35 per square foot. Parklets could be charged a similar cost per square foot as rent for use of the City’s right of way. However, important differences exist between Gina’s restaurant use of City property that would likely be otherwise used for pedestrians or landscape versus use of parking spaces that serve patrons of Village businesses. In other words, the loss of parking may add an additional consideration for the calculation of rental costs. Based on the information collected and described above, staff has identified a potential rental fee amount in Table 1 below of $100 per month ($1,200/year). This amount was selected for discussion purposes and represents the monthly cost for the City to collect five percent (5%) of the parking in-lieu fee for each space annually. Page 239 of 340 Item 10.a. City Council Consider Potential Permanent Parklet Program April 12, 2022 Page 4 The safety of parklet users and vehicles on Branch Street (there are portions of East and West Branch Street in the Village) is a primary concern for City staff, and was highlighted in the study session by the City Council. In contrast with other local cities streets that contain parklets, Branch Street was designated as State Highway 227 until 2008 and remains a truck route with a fairly narrow travel way with heavy truck and agricultural equipment traffic. The narrow road way width places patrons in close proximity to traffic. Public Safety and Public Works staff have seen traffic incidents with vehicles hitting the k-rail barriers, along with evidence of tire marks at two locations that are a result of side swipes. Considering these factors, if a permanent parklet program is established, proper barriers and their location/design will be critical to increase the safety of outdoor diners, moving vehicles, bicycles, and pedestrians. City staff have conducted a preliminary investigation regarding permanent safety barriers that could replace the existing rented k-rails that provide a vehicle barrier between the travel lanes and the parklet. One company, Bertleson Precast, manufactures a concrete safety barrier that measures ninety-six inches (96”) in length, twenty-four inches (24”) wide and thirty-five inches (35”) in height. In order to replace the existing rented k-rails, staff has determined the need to purchase approximately twenty (20) or thirty (30) of these barriers. The manufacturer indicated a cost of approximately three thousand dollars ($3,000) per barrier for this quantity of barriers. Staff recommends that the City purchase each of the necessary safety barriers dedicated for the entire permanent parklet program. This would amount to a total initial cost to the City of at least $60,000-$90,000 to purchase the barriers. Additional costs would be incurred for transportation and installation of the barriers, which have not been calculated by staff at this time. With an average parklet encompassing two parking spaces, a total of six (6) barriers would be needed to provide adequate protection for patrons of the parklet, amounting to at least $18,000 per parklet. Because of the large up-front cost associated with purchasing the barriers, and because the City would own and retain the barriers following purchase, staff would recommend renting the barriers to parklet owners in an amount that would enable the City to recoup its costs over a reasonable period of time. The per-barrier rental fee, if set at an annual percentage rate of twenty percent (20%) of the overall cost to purchase, would be six hundred dollars ($600) per barrier per year. This would bring the total annual cost to rent the necessary number of safety barriers for an average parklet to three thousand six hundred dollars ($3,600) per year. While there are other solutions to ensure the safety of the public, these barriers provide a more decorative appearance than the existing k-rails and can be customized if desired while also providing as much safety as possible to the parklet patrons. In addition to the costs for renting the parking spaces and protecting them with the adequate number of safety barriers, applicants will need to cover the costs for permitting the intended use. A one-time approval of a Minor Use Permit – Plot Plan Review (PPR) will allow staff to verify that the minimum requirements are met to be eligible for a permanent parklet. The application fee for a PPR is currently $735. Page 240 of 340 Item 10.a. City Council Consider Potential Permanent Parklet Program April 12, 2022 Page 5 Furthermore, parklet permit holders will be required to maintain a valid Right of Way (ROW) Permit, also known as an Encroachment Permit. Approval of a monthly ROW permit will allow the City to receive proof of liability coverage that provides both bodily injury and property damage insurance with the City added as additionally insured, as well as an indemnification requirement. The liability coverage shall be in an amount no less than one million dollars ($1,000,000) and include a CG 2012 (or approved equivalent) additional insured endorsement attached to it. Table 1 below shows an itemized list of potential annual costs as well as one-time costs to participate in the permanent parklet program. Table 1 Page 241 of 340 Item 10.a. City Council Consider Potential Permanent Parklet Program April 12, 2022 Page 6 Table 1 * The identified Encroachment Permit fee represents a new fee category for small projects that do not require as much staff time and resources for processing as Standard projects but require more resources than Minor projects. This new fee category is being proposed in a different agenda item to update operating fees set forth in the Master Fee Schedule. **Total annual and monthly costs assume two parking spaces per parklet and six safety barriers per parklet. Performance Standards & Design Standards The City’s previous temporary parklet program included performance standards aimed at ensuring compliance with ADA standards. With the consideration of a permanent parklet program, staff is proposing to implement a series of performance standards, including ADA compliance and design standards that would address safety considerations and the aesthetic character of the parklets. If the Council ultimately approves a permanent parklet program, staff would process amendments to the Municipal Code to incorporate any approved performance standards. Staff also encourages the permanent parklet program to utilize a consistent looking physical security barrier. The dimensions of the security barriers should all be uniform throughout the City. Furthermore, staff recommends that no visual obstructions be placed on or above these barriers to ensure a consistent appearance as well as to facilitate traffic and pedestrian safety by removing visual distractions and obstructions. In addition to the size and location of the barriers, staff is recommending that the materials chosen for the interior of the parklets (e.g. decking, shade structures, etc.) are consistent throughout the parklet program and that these materials are in keeping with the character of the Village. The Village Design Guidelines specify that “all new projects shall use materials that fit within the character of the Village. Using similar materials or replicating these materials on all projects and restorations will extend the existing character extended throughout the Village” (Attachment 3). The Guidelines go on to recommend the use of ITEM COST FREQUENCY ANNUAL TOTAL Annual Cost Encroachment Permit* $180 Per Month $2,160 Parking Space Rent $100 Per Month $1,200 (Per Space) (Per Space) Safety Barrier Rent $50 Per Month $600 (Per Barrier) (Per Barrier) Total -- Monthly Costs** $680 Total – Annual Costs** $8,160 One-Time Costs Minor Use Permit – Plot Plan Review $735 One-Time $735 Total -- One-Time Costs $735 Page 242 of 340 Item 10.a. City Council Consider Potential Permanent Parklet Program April 12, 2022 Page 7 materials such as: weatherboard or clapboard siding; cement plaster; yellow indigenous sandstone; and brick and stone block. The typical existing character of the buildings in the Village Core are brick and stone masonry construction and any permanent parklets should complement these building materials and contribute to the overall character of the Village. Based on these considerations, staff has included the following performance standards, including parklet design, for consideration and discussion by Council: Parklet Location 1. A parklet shall only be located in designated on-street parking areas. 2. A parklet shall not block sight distance of motorists at intersections or driveways. Accordingly, a parklet may not be located less than 25 feet from a roadway intersection or adjacent driveway or other points of off -street access which require line of sight standards as required by the Public Works Department. The final location of a parklet will vary based on the proposed parklet design, and shall be subject to review and approval. 3. Parklets are prohibited in disabled and no-parking zones. 4. A parklet may not cover or impede access to any utility equipment, utility pole, fire hydrant, parking permit kiosk, or utility access such as manhole covers, drainage inlets, and equipment shelters. Parklet Design 5. Parklets shall be no more than two parking spaces, or 20-feet in length. 6. A parklet’s walls or railing shall not have a continu ous height that exceeds 42 inches and shall not block views in or out of the parklet. Columns or other vertical framing for overhead elements are permitted. All elements of a p arklet shall have a maximum height limit of 10-foot. 7. The depth (dimension measured perpendicular to curb) of a parklet shall be no less than the minimum dimension required to meet ADA accessibility requirements. Portions of the required parklet depth may be located within an existing sidewalk area as long as the sidewalk encroachment does not reduce the pedestrian path of travel to a width of less than 4.5 feet in the public right of way. 8. A parklet shall include an element of the parklet enclosure that addresses public safety and provides a barrier or fortified railing between moving vehicles and parklet users. 9. Parklets shall have a flush transition at the sidewalk and curb to permit easy access and avoid tripping hazards. 10. A parklet shall comply with applicable Americans with Disabilities Act (ADA) accessibility standards. Compliance with ADA standards is required with respect to design elements of the parklet, as well as for adjacent areas that may be impacted by the parklet. Parklets shall use a slip-resistant surface to minimize hazards and should be accessible to wheel-chair users. Page 243 of 340 Item 10.a. City Council Consider Potential Permanent Parklet Program April 12, 2022 Page 8 11. The four corners of a parklet shall have a reflective element or other clearly visible design feature, such as a soft-hit post, bollard, or raised pavement marker, to illuminate the parklet at night and signify the parklet envelope. 12. Parklets shall be consistent with the Village Design Guidelines. 13. The primary materials shall be stone, brick, wood, or composite wood. Wood materials such as lattice and T1-11 plywood siding, are prohibited. 14. Color schemes shall consist of one primary color and one secondary colo r, at a minimum. 15. Areas for the storage of trash, recycling, and green waste receptacles shall not be visible from the public right of way and all waste receptacles shall be emptied and maintained by the applicant in a neat and sanitary order. Staff will continue to evaluate additional appropriate design criteria to ensure design consistency between individual parklets as part of any parklet program. Council may wish to provide staff with additional direction regarding performance standards for permanent parklets. If staff is directed to pursue a permanent parklet program, the City’s Architectural Review Committee will be consulted to help develop the design standards that will apply to permanent parklets. Proximity and Density The current placement of the parklets allows for adequate on-street parking between each of the parklets, which leaves available parking spaces for customers who wish to park on Branch Street or for those who are patronizing businesses that do not have a parklet. Staff recommends that a future permanent parklet program include distancing requirements that prevent entire portions of the on -street parking from being made inaccessible. A suggested distance is approximately five parking spaces, or ninety (90) feet, which would provide adequate separation to ensure that an individual business is not overly impacted by a reduction in their business frontage. This distance between parklets should only be measured on the same side of the street. In addition to spacing requirements, staff is recommending an overall cap on the number of allowable parklets under a potential future permanent parklet program based upon the overall percentage of available on-street parking within the Village. Of the sixty-one (61) on-street parking spaces in the Village, staff recommends that no more than fifteen (15) of them be occupied by a permanent parklet to ensure availability of parking for all Village users. A permanent parklet program with this many encumbered parking spaces would account for approximately twenty-five percent (25%) of the available on -street parking spaces within the Village. Eligible Uses Staff recommends that permanent parklets be limited strictly to restaurant and dining uses. The economic benefits of parklets noted in the study session and survey were generally identified as creating a vibrant and pedestrian-friendly atmosphere, making Branch Street more active and inviting. Staff is concerned that extending parklet use to Page 244 of 340 Item 10.a. City Council Consider Potential Permanent Parklet Program April 12, 2022 Page 9 retail or other non-dining establishments would potentially create a cluttered appearance and the proliferation of obstructions in the sidewalk area , would be inconsistent with the intent of the Village Historic Overlay District, and would not achieve the benefits identified by the Council and the public. Permit Process For parklets to remain in place permanently, it is recommended that applicants be required to obtain a Minor Use Permit – Plot Plan Review, which is a permit process consistent with other similar uses in the Municipal Code, to ensure that the parklet’s placement will not have unintended consequences on neighboring businesses and property owners and will not contribute to a loss of parking that could have negative effects on the rest of the Village. There is a one-time fee of $735.00 to apply for a Plot Plan Review and this permit type is an administrative approval reviewed by the Community Development Director. In addition to the need for the approval of a Minor Use Permit, parklet owners will also need to obtain an encroachment permit to ensure liability within the parklet is transferred from the City to the business owner. City staff is in the process of developing a new encroachment permit category (Encroachment Permit – Small Size) that will be applied in situations that do not require as much staff time and resources for processing as Standard projects but require more resources than Minor projects, such as installation of concrete sidewalk panels, drive approaches, and replacement of existing curb and gutters at single family residences. This prospective fee will be presented to Council in a different agenda item with the City’s updated Master Fee Schedule. If approved, this fee would total $180 per month and would become effective as of June 13, 2022. These costs would account for the staff time required to inspect the parklets, ensure that they are creating life safety concerns and the administrative time required to process each application. The City will require that the business owners provide the City with a Certificate of Liability that covers the City in the event of any damage to City property or injury occurring within the parklet area. As a comparison, the cost of a standard encroachment permit is $698 for each month that the encroachment occurs. Alternatively, the City offers a minor encroachment permit, which costs $57 monthly. This minor encroachment permit type is generally reserved for items such as storage containers or dumpsters parked temporarily within the right of way. These minor permits are typically used in situations where little to no staff time is required to oversee the encroachment. Notification and Appeal Minor Use Permits require notification of administrative approval to the Planning Commission per AGMC 16.12.155. As part of this notification process, any decision made by the Community Development Director is appealable to the Planning Commission by any member of the public. Additionally, the Planning Commission may also choose to appeal such a decision with a simple consensus among them. Page 245 of 340 Item 10.a. City Council Consider Potential Permanent Parklet Program April 12, 2022 Page 10 In addition to the typical notification procedures for Minor Use Permit approvals, if the parklet program is extended on a permanent basis, staff will notify Village business owners of this change. Expiration/Termination The economic and social benefits of a permanent parklet program such as increased downtown vibrancy and activity, which were expressed in the communit y survey conducted in 2021, rely on the continuous use and maintenance of parklets. Further, having underutilized structures in the Village could have the potential to create a cluttered atmosphere. To ensure that parklet structures are not sitting vacant for long periods of time, staff has recommended that approval of parklets run with the approved business operator, with the use permit terminating when such business operator vacates the premises adjoining the parklet. In addition, in the Municipal Code includes revocation procedures for Minor Use Permits in the case of non-compliance with performance standards or lack of use of the parklet. These expiration provisions would be included in the Development Code amendments that will be necessary to complete a permanent parklet program. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Direct staff to remove existing parklets and end the Temporary Parklet Program; 2. Provide direction to staff on the draft Permanent Parklet program, and direct staff to: a. Draft a final program with associated ordinance amendments; b. Schedule ARC review of design standards; c. Schedule Planning Commission review of the program and Municipal Code amendments; and d. Schedule City Council hearing with a finalized program. 3. Provide other direction to staff. ADVANTAGES: Continued public discussion of a potential permanent parklet program provides an opportunity to evaluate impacts and opportunities of such amenities. DISADVANTAGES: No disadvantages are identified relating to having a public discussion about potential permanent parklets. ENVIRONMENTAL REVIEW: This study session itself does not constitute a “Project” under California Environmental Quality Act (CEQA) Guidelines Section 15378. Page 246 of 340 Item 10.a. City Council Consider Potential Permanent Parklet Program April 12, 2022 Page 11 Parklets in some form of permanent continuation would be categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities) because the actions are limited to permitting, leasing, and minor alteration of existing public facilities. However, staff will carefully evaluate any activities considered for continuation and conduct the appropriate level of project specific CEQA review prior to returning to Council with any permanent program or policy proposals. 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. Parklet Map 2. Parklet Photos 3. Village Design Guidelines Excerpt 4. Correspondence 5. Draft Parklet Program 6. Safety Barrier Images Page 247 of 340 Page 1 of 1ATTACHMENT 1Page 248 of 340 Page 1 of 2  Attachment 2  Parklet Photos Rooster Creek Café Andreini Page 249 of 340 Page 2 of 2  Villa Cantina Humdingers/Village Café/Doc Bernstein Page 250 of 340 C ITY OF A RROYO G RANDE GUIDELINES & S TANDARDS FOR H ISTORIC D ISTRICTS CONSTRUCTION MATERIALS This section provides examples of the most commonly found building materials used in the Village area of Arroyo Grande. There are also examples of construction materials under the Village Core and the Residential sections specific to those areas. All new projects shall use materials that fit within the character of the Village (see following examples). Using similar materials or replicating these materials on all projects and restorations will extend the existing character extended throughout the Village. All restorations shall use materials that match or complement the original structure facilitating compatibility and preservation of its character. WEATHERBOARD OR CLAPBOARD WOOD SIDING Most of the original housing and a few of the commercial buildings used horizontal wood siding or vertical board and batten for the exterior walls and trim of the buildings. Wood siding gives the buildings a sense of historic character, adding detail and texture. CEMENT PLASTER Cement plaster (including stucco) is not as common as wood or brick, however some of the commercial and residential buildings within the Village have plaster exteriors. Cement plaster buildings require detailing that gives them a historic “Village” feel. Buildings with plain plaster walls and no ornamentation are not appropriate for The Village. YELLOW INDIGENOUS SANDSTONE This type of stone is used on the old I.O.O.F. Hall on Bridge Street and the Old Brisco Hotel on East Branch Street. It is a golden stone that is shaped in large irregular chunks. The color of this natural stone adds a warm variety and individuality to the area. 20 ATTACHMENT 3 Page 251 of 340 C ITY OF A RROYO G RANDE GUIDELINES & S TANDARDS FOR H ISTORIC D ISTRICTS BRICK AND STONE BLOCK Brick and stone blocks are most common on commercial buildings in the Village. Brick is an old construction material that was used in the late 1800s and early 1900s when the bulk of the historic commercial buildings in Arroyo Grande Village were built. The use of exposed plain concrete block is not permitted in the Historic Village Core District. WINDOW SASHES AND DOOR FRAMES Doors should be made of wood or a material that resembles an older style wooden door. For commercial areas, large industrial style glass doors and windows with metal frames are not appropriate. Doors with wood trim and windows with wood framing should be used. Aluminum and other frames that have a modern metal look are not appropriate for the Village. 21 Page 252 of 340 C ITY OF A RROYO G RANDE GUIDELINES & S TANDARDS FOR H ISTORIC D ISTRICTS VILLAGE CORE DOWNTOWN (VCD) This section of the Guidelines and Standards applies to all parcels in the Village Core Downtown area and may also be applicable within Community Facilities (including Public Facilities and Parks), and Mixed Use districts as shown on the Design Overlay District Map. An objective of the Village Core Downtown area is to enhance and maintain a compact, active street frontage with commercial uses that attract pedestrians. A visual continuity should be maintained through site design and compatibility of scale and materials. MIXED USES WITHIN THE DISTRICT There are properties within the Village Core, Mixed Use and Community Facilities overlay districts that have residential architectural styles, and are currently being used as stores, shops, residences, or offices. In order to preserve and enhance mixed use, the character of any new building or renovation shall be consistent with the surrounding area. EXISTING CHARACTER Many of the Downtown district historic commercial buildings were erected in the period from 1885 to 1910, and represent a variety of architectural styles. Although building material and detail differ, there are definite patterns that should be respected and incorporated into new development and renovation. Common elements of design include façade height and structure, strong pedestrian orientation, and attention to ornamentation. Similarity in Height, Mass and Scale Most buildings are one or two stories high and range from about eighteen to thirty feet in height. The majority of the buildings in the Village on Branch Street between Traffic Way and Mason Street are also narrow as well, which emphasizes their vertical character. The most common façade design is two stories high, although some buildings use a “false front” to achieve the impression of height. This façade treatment, when used on a relatively narrow building, stresses the strong vertical elements in the structure and creates an impressive image. Buildings are also made to appear larger by creating a series of attached facades, linking several smaller structures to create the appearance of one large building. These techniques lead to a more impressive appearance without losing pedestrian scale or blocking views and light. 28 Page 253 of 340 C ITY OF A RROYO G RANDE GUIDELINES & S TANDARDS FOR H ISTORIC D ISTRICTS Similarity of Material Brick and stone masonry construction is common, especially along Branch and Bridge Streets. Although some exteriors have been painted, such as the Olohan Building, the buildings retain many architectural details of “brick front” construction. This was one of the most popular storefront types of vernacular design, and incorporated commercial establishments on the ground floor with storage, offices or living quarters on the second level. An unusual vernacular style that uses locally quarried yellow stone is also found in the Village Downtown district. The unifying element is the stone itself, which calls for simplicity of construction and ornamentation, but the buildings using this material vary significantly in design. Another common material is wood siding, especially clapboard or weatherboard. Sense of Experimentation Although similar architectural styles are evident, and many elements are common, there is no one predominant architectural style, and elements are often combined in creative ways. The historic character, however, is maintained. Pedestrian Orientation Most commercial buildings have large display windows and a main entrance that faces the street, oriented to pedestrian traffic. There is no setback from the sidewalk, and buildings are generally designed and detailed to human scale, contributing to an atmosphere where pedestrians feel comfortable. Variety in Building Form There is sufficient variety in height, mass, scale and proportion to create visual interest in the Village Core Downtown Area. There is also a mixture of uses that includes retail establishments, cafes, restaurants and offices, often within the same block. DESIGN GUIDELINES AND STANDARDS Mixed Use Projects Within the Village Core Downtown Mixed use projects within the Village Core Downtown shall be predominantly commercial in character. Upper story residential and office uses designed to be compatible with ground floor retail uses are appropriate. Design of mixed use projects shall not impede pedestrian flow or disrupt concentration of retail, cultural and entertainment uses. The following building elements shall NEITHER overpower the project or detract from the visual continuity of the streetscape or neighborhood NOR produce redundancy in feature or pattern that is discordant with the historic character of the district: • Building scale • Building form • Building façade • Building entrance • Roofline • Fencing, rails or trellis • Archways, columns or towers • Doors and windows • Signage or feature designed for sign placement • Colors 29 Page 254 of 340 C ITY OF A RROYO G RANDE GUIDELINES & S TANDARDS FOR H ISTORIC D ISTRICTS Site Design 1. All new projects or renovations shall adhere to the site development standards of the Development Code. 2. The existing front setbacks of zero to fifteen feet (0’ to 15’) shall be required with main entries facing the street. A majority of the building frontage shall face the street and incorporate design features oriented to the pedestrian. 3. Streetscape improvements shall complement the existing design sidewalk paving, lighting schemes and street furniture within the district. 4. All enclosures for service areas, trash or recycling containers shall be designed as part of the overall project or building. Materials, textures and colors should be consistent with those of the proposed project and compatible with adjacent buildings. 5. Landscaping shall retain existing trees and plants as much as possible. Street trees and sidewalk planters shall be incorporated where feasible and pedestrian circulation will not be obstructed. (Streetscape elements within the public right-of-way, require an Encroachment Permit from the Public Works Department.) Landscaping in parking areas shall conform to the requirements of Title 16 of the Municipal Code (Development Code). Building Design 1. The height of new buildings shall not exceed development standards allowed in Title 16 of the Municipal Code. Scale and massing of any building within this area shall be consistent with that of the neighboring buildings, as described above in “Similarity in Height, Scale and Massing”. 2. The existing pattern of building façades shall be incorporated into new development projects. Dominant façade designs incorporate either brick front elements or parapet features. Roof patterns generally associated with residential buildings such as gable, hip or gambrel are generally not appropriate for commercial building frontages in the Village Core Downtown District. 3. For retail commercial buildings, display windows should complement the design of surrounding historic buildings and shall be oriented to pedestrian traffic. 4. Transoms are common over display windows, and were used for light and ventilation. When possible, transoms should be incorporated into new building design, and existing transoms should be used in building renovations. 5. New construction should include elements such as cladding, roof structure and ornamentation common to the district. All new projects shall use materials – including roof materials – that fit within the character of the Village Core Downtown district. By using similar materials or replicating these materials on all projects and restorations, the existing character will be reinforced and extended. 6. Decorative fixtures, including awnings, signs, and lighting, shall be integrated with other design elements of the structures. Construction Materials 1. Brick and stone masonry are the most common façade materials used on historic character structures in the Village Core Downtown district, and are acceptable façade materials. Some brickwork has been painted, and this is consistent with design style of the 1870- 1939 period. 30 Page 255 of 340 C ITY OF A RROYO G RANDE GUIDELINES & S TANDARDS FOR H ISTORIC D ISTRICTS Other acceptable façade materials include yellow sandstone (such as that on the I.O.O.F. building), and wood cladding. Wood cladding shall be of painted clapboard, painted weatherboard, or board and batten styles. Materials of similar design, color and texture may be considered. Smooth plywood panels are not appropriate unless detailed for the historic period. 2. Window sashes shall be of wood or painted steel, and consistent with the historic period. Materials that approximate the appearance of original materials may be substituted subject to the approval of the Architectural Review Committee, but unfinished aluminum is not allowed. 3. Door materials were traditionally wood panel and glass, either single or double. New or replacement doors shall be wood or an approved substitute material that approximates the appearance of original materials. Aluminum entry doors with large glass panels are inappropriate for the Village Core Downtown District. 4. Original decorative details should be retained during renovation. If the original materials have deteriorated and must be removed, they shall be replaced with materials that match as closely as possible the original in design, color, and texture. 5. Reflective glass is not appropriate in the Village Core Downtown District. Stained glass may be used as an accent material if it is consistent with the historic period of the building. Building colors 1. The number of colors used on a building should be kept to a minimum. 2. While bright colors may be used for limited accent, their use is subject to review by the Architectural Review Committee (ARC). 3. Color samples shall be submitted as part of Plot Plan Review or Conditional Use Permit process. 4. The use of fluorescent, “neon” or “day- glo” colors on building facades is not appropriate, historic base colors should be used instead. 5. Accent colors used for ornamentation, awnings, dentils, friezes or other details shall harmonize with the predominant building color. 6. Color palettes shall complement the majority of the neighboring buildings and be consistent with the historic period. 31 Page 256 of 340 From:Jessica Matson To:Brian Pedrotti; Patrick Holub Cc:Bill Robeson Subject:FW: Parklets Date:Monday, April 4, 2022 2:14:29 PM Attachments:emaillogo 190eb98f-3dbf-4ac8-a0d6-5f778ed0ba4d1111111111111111111111111111111111111.png Please see below to consider including with the staff report. Thanks, Jessica Matson, CMC Director of Legislative & Information Services/City Clerk Legislative and Information Services, City of Arroyo Grande Tel: 805-473-5418 | www.arroyogrande.org 300 E. Branch St | Arroyo Grande | CA | 93420 City Hall Business Hours: M-Th 8:00 am - 5:00 pm; Closed Fridays The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email or phone and delete the message. Please note that email correspondence with the City of Arroyo Grande, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt by law. From: Caren Ray Russom Sent: Monday, April 4, 2022 1:41 PM To: Jessica Matson <jmatson@arroyogrande.org> Subject: Fw: Parklets Hi Jessica- Can you please receive the email below as public comment for the parklet item? Also, please forward to Council. I have already responded to her and thanked her under separate cover. Yours in service, Caren Caren Ray Russom Mayor, City of Arroyo Grande crayrussom@arroyogrande.org Tel: 805-473-5400 | www.arroyogrande.org ATTACHMENT 4 Page 257 of 340 300 E. Branch St | Arroyo Grande | CA | 93420 From: Laura Jeffrey <> Sent: Monday, April 4, 2022 1:10 PM To: Caren Ray Russom Subject: Parklets Hi Caren, Thank you for seeking out opinions on the parklets. I would much prefer to have the street parking back for our customers, and tenets. With few spaces now available, and the one-lot paid parking, my preference would be to go back to the way it was. It is obvious that some businesses benefit, but others are possibly losing business due to the difficulty parking and maneuvering around the barriers. The restaurants did receive monies to help during COVID which I am grateful for, however, now we are back to pre-pandemic days. The business was aware of the space they are paying for, and it seem inequitable to give them additional footage where others don't have that use. Kind regards, Laura Jeffrey Certified Sommelier WSET Certified Owner | https://link.edgepilot.com/s/082385d9/FT6n-hPrZkqb6bOHcFILUQ?u=http://www.101winetours.com/ https://link.edgepilot.com/s/f98f0167/8Id8xbNq60WStwAvlwMXhg?u=http://www.facebook.com/101winetours Instagram/Twitter: @101winetours 5 Star Reviews on Trip Advisor & Yelp! Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to Page 258 of 340 proceed to the destination. If suspicious content is detected, you will see a warning. Page 259 of 340 From:Jessica Matson To:Brian Pedrotti Cc:Patrick Holub Subject:FW: AG parklets Date:Thursday, April 7, 2022 11:57:40 AM Attachments:emaillogo 190eb98f-3dbf-4ac8-a0d6-5f778ed0ba4d1111111111111111111111111111111111111.png Importance:High Please see below for possible addition to the Parklets staff report. Thanks Jessica Matson, CMC Director of Legislative & Information Services/City Clerk Legislative and Information Services, City of Arroyo Grande Tel: 805-473-5418 | www.arroyogrande.org 300 E. Branch St | Arroyo Grande | CA | 93420 City Hall Business Hours: M-Th 8:00 am - 5:00 pm; Closed Fridays The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email or phone and delete the message. Please note that email correspondence with the City of Arroyo Grande, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt by law. From: Caren Ray Russom Sent: Thursday, April 7, 2022 11:54 AM To: Lori Pritchard Cc: Jessica Matson <jmatson@arroyogrande.org> Subject: Re: AG parklets Hi Lori- Thank you so much for taking the time to write your thoughts to me. I love how happy you are living in the Village! I will consider this carefully along with all other correspondence. I will also forward to our City Clerk so your comment can be entered into the record and shared with the rest of the council. I also encourage you to attend the meeting and speak. You will have a zoom option, so you can do it from the comfort of your home. We are so happy to have this option now. Yours in service, Caren Page 260 of 340 Mayor Caren Ray Russom City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 From: Lori Pritchard Sent: Thursday, April 7, 2022 11:24:11 AM To: crayrussom@arroyogrande.org <crayrussom@arroyogrande.org> Subject: AG parklets Hello Mayor Russom, I just read your April Monthly update in the South County Chambers newsletter. You asked for opinions & input regarding the parklets in Arroyo Grande. My husband & I live in an apt in The Village and we love the parklets. We lived in Europe 7.5 years and it reminds us of our time there. Especially the one on Short street, but also Andrinis and Mule. We will always vote for more walking, less parking options. If parking is a problem, it encourages people to find other modes of transportation ie: walk, bike, scooter. The outdoor venues create such a great, inviting atmosphere and I think The Village is thriving because of it. Thank you, Lori Pritchard Page 261 of 340 ATTACHMENT 5 Draft Parklet Program Framework Parklet Performance Standards Parklet Proximity and Density 1. No parklet shall be closer than 90 feet from another parklet. 2. The number of parklets in the program shall be limited based on a cap on a total of fifteen (15) displaced parking spaces. Parklet Location 3. A parklet shall only be located in designated on -street parking areas. 4. A parklet shall not block sight distance of motorists at intersections or driveways. Accordingly, a parklet may not be located less than 25 feet from a roadway intersection or adjacent driveway or other points of off -street access which require line of sight standards as required by the City Engineer and Public Works Department. The final location of a parklet will vary based on the proposed parklet design, and shall be subject to review and approval. 5. Parklets are prohibited in disabled and no-parking zones. 6. A parklet may not cover, impede access or impede operation to or of any utility equipment, utility pole, fire hydrant, parking permit kiosk, or utility access such as manhole covers, drainage inlets, gutter drainage and equipment shelters. Parklet Design 7. Parklets shall be no more than two parking spaces, or 20-feet in length. 8. A parklet’s walls or railing shall not have a continuous height that exceeds 42 inches and shall not block views in or out of the parklet. Columns or other vertical framing for overhead elements are permitted. All elements of a parklet shall have a maximum height limit of 10-foot. 9. The depth (dimension measured perpendicular to curb) of a parklet shall be no less than the minimum dimension required to meet ADA accessibility requirements. Portions of the required parklet depth may be located within an existing sidewalk area as long as the sidewalk encroachment does not reduce the pedestrian path of travel to a width of less than 4.5 feet in the public right of way. 10. A parklet shall include an element of the parklet enclosure that addresses public safety and provides a barrier or fortified railing between moving vehicles and parklet users. This barrier system shall be provided by and approved by City Engineer and Public Works Department as part of the permit process. Associated fees rental fees must also be paid. 11. Parklets shall have a flush transition at the sidewalk and curb to permit easy access and avoid tripping hazards. 12. A parklet shall comply with applicable Americans with Disabilities Act (ADA) accessibility standards. Compliance with ADA standards is required with respect to design elements of the parklet, as well as for adjacent areas that may be impacted by the parklet. Parklets Page 262 of 340 shall use a slip-resistant surface to minimize hazards and should be accessible to wheel-chair users. 13. The four corners of a parklet shall have a reflective element or other clearly visible design feature, such as a soft-hit post, bollard, or raised pavement marker, to illuminate the parklet at night and signify the parklet envelope. 14. Parklets shall be consistent with the Village Design Guidelines and be consistent with approved parklet design requirements 15. The primary materials shall be stone, brick, wood, or composite wood. Wood materials such as lattice and T1-11 plywood siding, are prohibited. 16. Color schemes shall consist of one primary color and one secondary color, at a minimum. 17. Areas for the storage of trash, recycling, and green waste receptacles shall not be visible from the public right of way and all waste receptacles shall be emptied and maintained by the applicant in a neat and sanitary order. Parklet Use 18. Parklets will be limited to eating establishments, including restaurants, coffee shops, and bakeries. 19. Amplified Sound: No audio systems or other sound amplification devices are permitted for incorporation in the design of any parklet, and shall not be used on any parklet. 20. Electrical/power to the parklet shall be served by the associated business, be approved by a City of Arroyo Grande Building Inspector and cannot present any tripping or overhead hazards. If a City outlet and power are requested for use, an associated per month usage fee will be applied of $15.00. LED lighting that is consistent with design requirements may only be used. 21. Minor Use Permit – Plot Plans for parklets shall run with the approved business operator, and will terminate when a separate business occupies the adjoining eating establishment. Parklet Costs ITEM COST FREQUENCY ANNUAL TOTAL Annual Cost Encroachment Permit $180 Per Month $2,160 Parking Space Rent $100 Per Month $1,200 (Per Space) (Per Space) Safety Barrier Rent $50 Per Month $600 (Per Barrier) (Per Barrier) Total -- Monthly Costs* $680 Total – Annual Costs* $8,160 One-Time Costs Minor Use Permit – Plot Plan Review $735 One-Time Total -- One-Time Costs $735 $735 Page 263 of 340 **Total annual and monthly costs assume two parking spaces per parklet and six safety barriers per parklet. Permitting General steps in the application process (Minor Use Permit/Plot Plan): 1. Pre-application meeting – An Applicant shall bring a site map of the location and a sketch of the conceptual design to a pre-application meeting with City staff. This step is required and intended to provide initial feedback regarding site location and design to determine parklet feasibility. 2. Application Submittal: a. Site map b. Application Fees c. Encroachment Permit d. Certificate of Liability e. Building Permit: In the event that the proposed parklet will include a roof, cover, or other type of overhead element, or involve any structures of greater than 120 square feet or involve electrical, mechanical or plumbing work, the applicant shall obtain a building permit from the Community Development Department prior to constructing the parklet. 3. Notification and Appeal: a. Review by the Architectural Review Committee b. Approval by Community Development Director c. Appealable to the Planning Commission d. Notification of all property owners for Village businesses on West Branch Street Page 264 of 340 ATTACHMENT 6 Page 265 of 340 4VSXIGXXLITYFPMGERHTVSTIVX]JVSQEGGMHIRXWERHYR[ERXIHEGGIWW 7IGYVMX]MWSRXLIXSTSJIZIV]SRIv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y y y y y y y y 46)'%78'32'6)8)7)'96-8=&%66-)6 FEVW%WOYWEFSYXGYWXSQHIWMKRWERHPSKSWJSV]SYVGEQTYWERHTVSNIGXWMXIW Page 266 of 340 Page 267 of 340 Item 11.a. MEMORANDUM TO: City Council FROM: Nicole Valentine, Administrative Services Director SUBJECT: Consider Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase DATE: April 12, 2022 SUMMARY OF ACTION: Review the Request from South County Sanitary Service (SCSS) for an Integrated Solid Waste Collection Rate Increase, set a public hearing for June 14, 2022, to consider adoption of adjusted solid waste collection service rates for June 15, 2022, January 1, 2023 and January 1, 2024, and direct staff to prepare and distribute a Proposition 218 notice with a delayed implementation start date of May 1, 2022, for the proposed waste collection services rate increase and public hearing. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no impact on staff resources related to the proposed action. There will be a minor increase in franchise fee revenue from the increase and a minor increase to the City’s cost for solid waste collection. If the proposed multi-year rate setting approach is approved, future personnel resources will not be required to prepare interim year reviews, thus providing an operational efficiency. Pursuant to the City’s existing Franchise Agreement with SCSS, the costs of consultant services to review SCSS’s rate adjustment request are paid by SCSS. RECOMMENDATION: 1) Review the Integrated Solid Waste Collection Rate Increase request; 2) Set a public hearing for June 14, 2022, to consider adjusting the waste collection services rates for June 15, 2022, January 1, 2023 and January 1, 2024; and 3) Direct staff to prepare and distribute a Proposition 218 notice with a delayed implementation start date of May 1, 2022, for the proposed waste collection services rate increases. BACKGROUND: The City has had a Franchise Agreement with South County Sanitary Service (SCSS), a subsidiary of Waste Connections, for collection, diversion and disposal of solid waste in the City since 1997. On June 10, 2008, a new Solid Waste Collection Franchise Agre ement with SCSS was approved and the Franchise Agreement was subsequently amended Page 268 of 340 Item 11.a. City Council Consider Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase April 12, 2022 Page 2 twice in 2016. Through the terms of the Franchise Agreement, SCSS is entitled to compensation for its “labor, equipment, materials and supplies, taxes, insurance, bonds, overhead, transfer and transport, processing, division, disposal, provide and all other things necessary to perform all of the services required by [the] Agreement.” This compensation is received through the rates and charges paid by the City’s customers, whic h are presented to the City through rate review applications and reviewed by the City Council through the Proposition 218 process. Per the Franchise Agreement, rates are reviewed in accordance with the “City of San Luis Obispo Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates” (Manual). The Franchise Agreement allows for a base rate adjustment every three years and interim rate increases in the other two years. In interim rate periods, the operator is limited to increases resulting from inflation, tipping fee adjustments, and franchise or regulatory fee increases. During base rate years, the operator is able to request adjustments due to changes in other operational costs as set forth in the Manual. The following table summarizes the SCSS rate review history beginning in 2005 (based on the year of the application (which is typically the implementation year): Year Review Type Increase % 2005 Base Year 5.60% 2006 Interim Year 3.09% 2007 Interim Year 3.76% 2008 Base Year 3.00% 2009 Interim Year 0.00% 2010 Interim Year (1)0.00% 2011 Interim Year 0.00% 2012 Interim Year (1)5.15% 2013 Base Year 3.20% 2014 Interim Year 2.05% 2015 Interim Year 0.00% 2016 Base Year 3.25% 2017 Interim Year 1.10% 2018 Interim Year 1.60% 2019 Base Year 10.06% 2020 Interim Year 1.70% 2021 Interim Year 0.70% 2022 Base Year 22.19% Rate Increase History: 2005 to 2022 (1)SCSS did not request a rate increase in 2010 (which would have been a "normal"cycle to do so),and accordingly,did not submit a Base Year rate application.However,SCSS did submit a rate request in 2011 using an Interim Year methodology.The reasonableness of using the resulting "hybrid" approach was discussed in detail in the 2011 Interim Year report,which concluded that this approach was reasonable given the circumstances. Page 269 of 340 Item 11.a. City Council Consider Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase April 12, 2022 Page 3 The City received an initial rate adjustment request from SCSS on October 20, 2021 and a revised draft application on February 18, 2022, that included a base year rate increase request of 24.65%. Along with the Cities of Grover Beach and Pismo Beach, and the Oceano Community Services District, the City jointly contracted with consultant William C. Statler to prepare a review of the rate increase request to determine if it complies with the provisions of the City of San Luis Obispo Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates (Manual). ANALYSIS OF ISSUES: Rate Adjustment Evaluation The Manual ensures that the hauler’s rates are justifiable and supportable, and reasonable to the cost of service; it also ensures that there is ongoing review and rate stability, and that the rate setting process is easy to administer and implement. Through the assistance of Mr. Statler, the City completes a formal and thorough review of the financial and operating data to protect the City’s ratepayers. The process is designed to prevent large, unexpected fluctuations in rates anticipated from funding a broadening scope of integrated waste management services. After careful review of the rate adjustment requests from SCSS and relevant supporting documentation, Mr. Statler completed a report evaluating the request and suggesting that a 22.19% increase is justifiable in 2022 (Attachment 1). Two key differences account for the initial 24.65% increase request and the recommended 22.19% increase included in Mr. Statler’s report:  Greenwaste processing costs have been reclassified as “pass-through” costs, and while these costs may be recovered, no profit is allowed on them.  Integrated W aste Management Authority (IWMA) fees have been excluded from the fee analysis. On Page 12 of Mr. Statler’s report, the key drivers behind the proposed 22.19% rate increase for 2022 can be summarized as follows:  8.05% for truck depreciation  7.71% for investments in food and green waste recycling  2.41% for insurance  1.06% for increase in gas and oil  2.96% for all other cost increase including labor, ongoing maintenance, and other pass-through costs In addition, SCSS proposes to include the next two interim rate adjustments in its request at this time. These rates are proposed to increase each of the next two years to address the following factors: Page 270 of 340 Item 11.a. City Council Consider Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase April 12, 2022 Page 4 1. Changes in the Consumer Price Index (CPI) for “controllable” operating costs. The Manual states that the annual change in CPI will be based on the published Bureau of Labor Statistics in their Monthly review. 2. Changes in “pass-through costs” (primarily landfill tipping fees, which are set by the County Board of Supervisors and are not controlled by SCSS) Delayed Rate Implementation Mr. Statler’s report includes a discussion of Delayed Rate Implementation increases on page 3, which describes a proposal to allow SCSS to recoup rates that may have been collected during delays in the consideration of the rate review application. The City has not previously approved delayed implementation rates. However, the Manual does provide for this possibility if there is a delay in implementation of a rate increase of more than 120 days after application if it is “no fault of the franchise hauler.” Given the initial October 20, 2021 submittal date, this would indicate rate approval may have been necessary by March 1. Two of the factors that mitigate this 120-day period are identified in Mr. Statler’s report as follows: 1. When the 120-day period was set, the understanding at the time was that the Proposition 218 45-day notice and protest requirements did not apply to approval of private company solid waste rates. 2. Review was delayed pending consideration of rate increases by the IWMA and their possible impact on SCSS’s rates. These new rates were not adopted by the IWMA until March 9, 2022. In accounting for these factors, Mr. Statler and staff recommend that delayed rate implementation apply for the period between May 1, 2022, and the City Council’s approval of the rate adjustments, anticipated to be considered on June 14, 2022, as discussed further below. While delays in completion of the analysis of the rate review application were “no fault” of SCSS, they were not the fault of the City either. SCSS believes the delayed rate implementation start period should begin March 1, 2022, 132 days after the original rate review application submittal date of October 20, 2021. The proposed temporary Delayed Rate Implementation increase is shown in the table below: Please note that the Delayed Rate Implementation increase ends December 31, 2022. Beginning January 1, 2023, rates will lower to an increase representing 22.19%, plus any changes related to CPI for “controllable” operating costs and c hanges in “pass-through costs.” Effective Date New Rate % March 1 Delay Rate Implementation May 1 Delay Rate Implementation Mr. Statler & Staff Recommendation SCSS Recommendation 15-Jun 22.19%11.95%5.12%27.31%34.14% Page 271 of 340 Item 11.a. City Council Consider Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase April 12, 2022 Page 5 Integrated Waste Management Authority Fee The IWMA is a Joint Powers Authority that plans and implements regional solid waste and hazardous waste programs on behalf of its member agencies, including the management of hazardous waste, universal waste, solid waste, green/food waste, and recycling. At the time of its formation in 1994, the IWMA’s member agencies included the County of San Luis Obispo (County) and the seven incorporated cities in the County. The majority of special districts in the County that also provide solid waste services within their jurisdictions also participate in the IWMA through a Memorandum of Agreement and currently one special district representative also sits on the IWMA Board of Directors . Last year, the County exercised its option to exit the IWMA. Around the same time, the IWMA adopted increased fees to support its ability to implement SB 1383 and its ongoing operational and capital needs. SB 1383 was signed into law on September 19, 2016, to requi re a reduction of organic waste disposal to landfills from 2014 levels by 75% and increase edible food recovery by 20%, by 2025. SB 1383 is the most significant waste reduction mandate to be adopted in the State of California in the last 30 years and requi red all jurisdictions in the State that provide solid waste collection and disposal services to implement a mandatory organic recycling ordinance by January 1, 2022. All businesses, residents, and multi -family apartments must have access to recycling programs that capture food scraps, landscaping waste, and other organic waste materials in order to reduce the production of methane gas. This law has significant policy and legal implications for State and local governments, including cities, counties and special districts that provide solid waste services. The IWMA has taken the lead in implementing SB 1383 on behalf of its member agencies. Following the County’s exit from the IWMA, it became necessary for the IWMA to reevaluate its fees in light of the anticipated loss of revenue from the customers within the unincorporated areas of the County. This reevaluation resulted in a delay in adoption of revised fees, which are levied on the haulers and ultimately passed through to customers. At its March 9, 2022 IW MA Board of Directors meeting, the Board adopted revised fees establishing a solid waste management fee of 5.4% of gross hauler receipts. This revised fee alters the structure previously used by the IWMA, which had included the following: (1) 2% of the gross revenue collected from commercial customers; and (2) the solid waste management fee of $0.30 per month for residential accounts charged less than $50 per month and a 2% fee for residential accounts paying more than $50 a month . The new fee no longer charges different fees related to commercial and residential accounts and instead charges an overall fee equivalent to 5.4% of the hauler’s gross receipts, calculated based on the gross receipts amounts used to determine the hauler’s franchise fee obligati ons to its franchisors. The proposed IWMA Fee with the temporary Delayed Rate Implementation increase is shown in the table below: Page 272 of 340 Item 11.a. City Council Consider Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase April 12, 2022 Page 6 The fee increase will be implemented starting July 1, 2022. SCSS is authorized to bill this fee to the rate payers benefiting from these additional services in compliance with Proposition 218. Franchise Agreement Termination Clause The Franchise Agreement also contains language that provides that if the rate increase request compared with the rate in effect at the date of the Franchise Agreement exceeds the cumulative cost of living increase from that same date, the City has the option of terminating the Franchise Agreement at any time within nine months following approval of the requested rate increase. The “trigger” calculation does not limit the amount of increase that SCSS can request; it simply incentivizes SCSS to keep its requested increases below the cumulative increase in CPI to avoid the City opting to terminate the Franchise Agreement. This would result in exceeding the “trigger” by 26.89% At this time, staff recommends that the City not pursue the termination (“trigger”) option set forth in Section 8.3 of the City’s Franchise Agreement with SCSS. Based on a detailed review of costs as presented in Attachment 1, the costs are reasonable and rates have been calculated in accordance with the Rate Manual . The following table shows that solid waste rates for Arroyo Grande are among the lowest in the Central Coast area for single family residential services. Single Family Residential Current Rate March 1 retroactivity, 5.4% New Rate May 1 retroactivity, 5.4% New Rate 32-gallon Container 0.30$ 1.41$ 1.34$ 64-gallon Container 0.30$ 1.83$ 1.74$ 96-gallon Container $ 0.30 2.26$ 2.14$ IWMA Fee Page 273 of 340 Item 11.a. City Council Consider Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase April 12, 2022 Page 7 Finally, the requirements of Senate Bill 1383 have created significant new regulatory requirements, burdens, and costs for the City, its solid waste partners such as the IWMA, and SCSS. Franchise Agreement Amendments are being pursued concurrent with this rate adjustment request that will require SCSS to help the City meet certain SB 1383 requirements, and termination of the Franchise Agreement with SCSS at this time would create significant disruption in the efforts to comply with the new State regulations. Proposition 218 Process Based upon the provisions of Proposition 218, all property owners receiving solid waste collection services must receive written notice by mail at least 45 days prior to the City Council consideration of approving solid waste rate adjustments. The notice must include the amount of the fee, the basis on which the fee was calculated and the date, time and place of the public hearing and must clearly advise of the right to protest the fee increase. Most recently, the City conducted Proposition 218 rate hearings for waste collection service rates in 2014, 2015, 2016 and 2019. It is recommended that the City Council set the public hearing for June 14, 2022, and direct staff to ensure that notices are provided to affected property owners of the proposed rate adjustments stated in the following table in compliance with Proposition 218: Arroyo Grande’s total proposed Solid Waste and Recycling rate increase is also broken out below. Mr. Statler & Staff Recommendation Single Family Residential Current Rate March 1 retroactivity, 34.14% New Rate May 1 retroactivity, 27.31% New Rate 32-gallon Container 19.46$ 26.10$ 24.78$ 64-gallon Container 25.29$ 33.92$ 32.19$ 96-gallon Container $ 31.13 41.76$ 39.63$ Page 274 of 340 Item 11.a. City Council Consider Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase April 12, 2022 Page 8 Next Steps If staff’s recommendations are approved, next steps for the Waste Collection Rate Increase will include:  April 30, 2022 – Deadline for mailing the 45-day public hearing notice in compliance with Proposition 218  June 14, 2022 – Conduct a public hearing to consider protests regarding the proposed rate adjustments identified in the Proposition 218 hearing notice  June 15, 2022 – If approved, new rates go into effect ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt staff’s recommendations to 1) Review the South County Sanitary Service Integrated Solid Waste Collection Rate Increase request; 2) Set a public hearing for June 14, 2022, to consider adjusting the Solid Waste Collection Rates for June 15, 2022, January 1, 2023 and January 1, 2024; and 3) Direct staff to prepare and distribute a Proposition 218 notice with a delayed implementation start date of May 1, 2022, for the proposed water and wastewater rate increases; 22.19% SCSS Proposed Rate Increase Effective June 15, 2022 Truck Depreciation: 8.05% Food & Green Waste Recycling: 7.71% All Other Cost Increases: 2.96% Insurance: 2.41% Increase in Gas & Oil: 1.06% 7.40% Recommended Delayed Implementation Rate Increase Effective May 1, 2022 The additional 7.40% temporary increase is for the delayed rate implementation from May 1 to June 15, 2022. The 7.40% temporary increase will expire January 1, 2023. No More than 5.4% IWMA Fee Effective July 1, 2022 At the March 9, 2022 IWMA Board Meeting, adopted a fee increase. This fee increase will be implemented starting July 1, 2022 and will not exceed 5.4%. Page 275 of 340 Item 11.a. City Council Consider Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase April 12, 2022 Page 9 2. Adopt staff’s recommendations to 1) Review the South County Sanitary Service Integrated Solid Waste Collection Rate Increase request; 2) Set a public hearing for June 14, 2022, to consider adjusting the Solid Waste Collection Rates for June 15, 2022, January 1, 2023 and January 1, 2024; and 3) Direct staff to prepare and distribute a Proposition 218 notice with a delayed implementation start date of March 1, 2022, for the proposed water and wastewater rate increases; or 3. Provide other direction to staff. ADVANTAGES: Approval of the rate increase is consistent with the terms of the existing rate setting methodology and the quality of service provided by SCSS has been good. Therefore, the recommended action will enable continuation of uninterrupted refuse collection and recycling services at a reasonable cost. DISADVANTAGES: Customers will experience higher solid waste collection and recycling costs. 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. Solid Waste Rate Review 2. Draft Proposition 218 Notice March 1 Delayed Rate Implementation 3. Draft Proposition 218 Notice May 1 Delayed Rate Implementation 4. SCSS Response Letter on Rate Adjustment Page 276 of 340 South County Sanitary Service SOLID WASTE RATE REVIEW For the Communities of Arroyo Grande Grover Beach Oceano Pismo Beach March 2022 ATTACHMENT 1 Page 277 of 340 South County Sanitary Service Solid Waste Rate Review March 2022 TABLE OF CONTENTS Report Purpose 1 Summary of Findings and Recommendations 1 Findings 2 Rate Recommendations 4 Rate Summary for Single Family Residential Customers 4 Background 4 Rate Review Workscope 6 Revenue and Rate-Setting Objectives 7 Financial Overview 7 Costs by Type 7 Revenues by Source 7 Service Accounts by Type 8 Rate-Setting Process 8 Base Year and Interim Year Reviews 8 Rate Increase History 9 Rate-Setting Methodology 10 Are the Costs Reasonable? 10 Detailed Cost Review 10 Trends in External Cost Drivers 14 Rates in Comparable Communities 14 What Is a Reasonable Return on These Costs? 16 Preparing the Rate Request Application 17 Proposed Rate Summary 17 Implementation 17 Rate Differences Between Communities 18 Cost Accounting Issues 18 Cost of Living Tigger Option 20 Coordination with Other Agencies 22 Summary 22 APPENDIX A. Base Year Rate Request Application from South County Sanitary Service B. HZI Greenwaste Digester Cost Analysis Page 278 of 340 - 1 - South County Sanitary Service SOLID WASTE RATE REVIEW For the Communities of Arroyo Grande, Grover Beach, Oceano and Pismo Beach REPORT PURPOSE On October 20, 2021, South County Sanitary Service (SCSS) submitted a Base Year rate increase application to be effective January 1, 2022 to the Cities of Arroyo Grande, Grover Beach and Pismo Beach and the Oceano Community Services District (CSD). However, due to complexity, concerns with pending rate increases by the Integrated Waste Management Authority (IWMA) and significant subsequent reviews and information exchanges, a revised application was submitted on February 18, 2022. The final application is the focus of this report in reviewing the SCSS rate increase request in accordance with adopted Franchise Agreement provisions regarding rate increase applications and to make rate recommendations to these four agencies as appropriate. SUMMARY OF FINDINGS AND RECOMMENDATIONS In its final application, SCSS is requesting a rate increase of 22.19% in the cities of Cities of Arroyo Grande, Grover Beach and Pismo Beach; and 21.03% for the Oceano CSD (the difference is due to a 5% franchise fee rate in the Oceano CSD versus 10% in the other agencies). This compares with an initial rate request of 24.65% for three agencies (and 23.35% in the Oceano CSD). As discussed in greater detail below, all of the concerns that surfaced in the iterations and further analysis that followed in addressing issues with proposed costs for 2022 have been resolved. There are two key differences between the initial and revised application: 124 Cerro Romauldo Avenue San Luis Obispo, CA 93405 805.544.5838 ◼ Cell: 805.459.6326 bstatler@pacbell.net www.bstatler.com William C. Statler Fiscal Policy ◼ Financial Planning ◼ Analysis ◼ Training ◼ Organizational Review . . . . . . . . . Joint Agency Review SCSS provides similar services to each of these agencies under formally approved franchise agreements that regulate rates and establish procedures for considering rate increases. Because the financial information for SCSS is closely related for these four agencies, this report jointly reviews rate requests and provides recommendations for each of them. Page 279 of 340 Solid Waste Rate Review - 2 - • Greenwaste processing costs have been reclassified as “pass-through” costs: while costs may be recovered, no profit is allowed on them. • IWMA fees have been excluded from the fee analysis. These are approved by a separate agency and will be charged separately on customer bills. Key cost drivers in this review include the following, which account for almost 90% of the cost increases since 2020 (last audited financial statements): Findings • Complete Application. With its revised application, SCSS has fully provided the supporting documentation required for rate requests under the Franchise Agreements in Arroyo Grande, Oceano, Pismo Beach and Grover Beach. The revised application (Appendix A) has been correctly prepared. • High Level of Service at a Reasonable Cost. SCSS provides a broad level of high-quality services to these four agencies—including garbage, recycling and green waste collection and disposal as well as hauler-provided “waste wheeler” containers for all three services—at very competitive rates compared with many other communities. In fact, even with the recommended rate increase, rates in these four agencies will be among the lowest of those surveyed. In short, South County communities have the best of both worlds: high quality services at a low cost (compared with other communities). • “Trigger Option.” As discussed in greater detail below, the rate increase exceeds the cost of living threshold that “triggers” the option of terminating the Franchise Agreements within nine months after rate approval. • Need for Updated Rate-Setting Methodology. The rate-setting process is based on the City of San Luis Obispo’s Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates (Rate Manual) adopted in 1994. In short, with very minor modifications, this approach has been in place for almost 30 years. Because of several complex issues that surfaced in the 2019 rate review that had not been encountered in the past in using this rate-setting methodology (most notably corporate overhead, greenwaste and materials recovery facility (MRF) costs as well as rate structure concerns), I recommended updating the Rate Manual before the next Base Year review. This has not occurred, and accordingly, this review is based on the current methodology. 2022 Cost Increase from 2020 Amount % of Total Rate Impact* Depreciation 998,708 36%8.05% Greenwaste 956,783 35%7.71% Insurance 298,612 11%2.41% Gas and Oil 131,422 5%1.06% Total Key Drivers 2,385,525 87%19.23% Other Costs 367,275 13%2.96% Total $2,752,800 100%22.19% Page 280 of 340 Solid Waste Rate Review - 3 - However, the need for an update is even greater now: along with the 2019 concerns, new issues have surfaced in this review. As discussed in greater detail below, these include depreciation amortization period, interim rate reviews, cost allocation methodologies, accounting for disposal costs, timeframe for submitting and reviewing applications and trigger option. • Delayed Rate Implementation. In the past, there has been no consideration of delayed rate implementation. However, the Rate Manual does provide for this if there is a delay of more than 120 days after application if it is “no fault of the franchise hauler.” Given the initial October 20, 2021 submittal date, this would indicate rate approval by March 1. However, there are three factors that mitigate this 120-day period: 1. When the 120-day period was set, the understanding at the time was that Proposition 218 45-day notice and protest requirements did not apply to approval of private company solid waste rates. However, since then many agencies have determined that these provisions are applicable to approval of rates by companies like SCSS. This alone conceptually adds 45 days to the review process. 2. Review was delayed pending consideration of rate increases by the IWMA and their possible impact on SCSS rates. These new rates were not adopted by the IWMA until March 9, 2022. Moreover, it was subsequently determined that since these rates are set by the IWMA – and not the franchising agencies – that they did not affect agency rate-setting. (As noted above, this resulted in a revised application from SCSS on February 18, 2022). 3. While SCSS has been very responsive in following-up on requests for supporting data, the scope and complexity of the 2022 application has been significantly greater, and subsequently taken longer, than envisioned in the Rate Manual. In accounting for these factors, I recommend that delayed rate implementation apply for any rates with a May 1, 2022 effective date. In short, while these delays were “no fault” of SCSS, they were not the fault of the agencies, either. That said, SCSS believes the delayed rate implementation start period should be March 1, 2022. Where delayed rate implementation is applicable, the following temporary rate increases would be required depending on whether the delayed rate implementation start period is March 1 or May 1. (Note: The added rate increase goes up for each month of delay to be recovered while the amortization period is shortened.) Under either start date, rates would be reset in January 2023 to the “core rate” for the Interim Year adjustment. About Proposition 218 Notices Not all agencies prepare and issue “Proposition 218” notices for private sector solid waste rate increases. However, for those that do, the notice sets the maximum amount that rates can be increased at the public hearing: rates can be approved at lesser amounts without re-noticing. However, agencies cannot adopt higher rates – even if they only apply to a few customers – without another 45-day re-noticing. As such, it is recommended that the notices reflect the rates requested by SCSS. Page 281 of 340 Solid Waste Rate Review - 4 - Temporary Delayed Implementation Rate Increase* It should be noted that while the report recommends a May 1 start date for delayed rate implementation, a reasonable case could be made for an even later start date (such as June 1 or July 1) based on the mitigation factors discussed above. Lastly, several of these review timeframe factors are not unique to the 2022 review. Accordingly, the application submittal and review schedule should be considered in the Rate Manual update. Rate Recommendations It is recommended that cities of Arroyo Grande, Grover Beach and Pismo Beach adopt rate increases of 22.19%; and 21.03% in the Oceano CSD. As discussed below, this rate increase significantly exceeds the cost of living threshold that triggers the option of terminating the Franchise Agreements within nine months after rate approval. However, it is important to note that this “trigger” calculation does not limit the allowable rate increase that SCSS may request (or limit the amount that agencies may approve) under the methodology set forth in the Franchise Agreements. Cost of Living “Trigger” Option. Along with establishing the rate review methodology, Section 8.3 of the Franchise Agreements provides that if the rate increase request compared with the rate in effect at the date of the agreement exceeds the cumulative cost of living increase from that same date, each agency has the option of terminating the agreement at any time within nine months following approval of the requested rate increase (assuming it was submitted in accordance with the rate-setting methodology). This provision was subsequently amended in 2016 allowing for an added increase based on landfill rate increases (“weighted” for their proportion of total costs). It is important to note that other than a waiver for greenwaste cost increases in 2011, no other adjustments (including other pass-through costs) are allowed under the Franchise Agreements. As detailed later in this report, the calculated threshold limit is significantly less than the proposed rate increase. Effective Date March 1 May 1 March 1 May 1 May 1 5.26%0.00%5.55%0.00% June 1 9.01%2.63%9.51%3.17% July 1 14.02%7.01%14.80%7.40% August 1 21.03%12.62%22.19%13.32% September 1 31.55%21.03%33.29%22.19% * Ends December 31, 2022 Start Period Oceano CSD Other Agencies Page 282 of 340 Solid Waste Rate Review - 5 - Rate Summary for Single Family Residential Customers Table 1 summarizes the proposed monthly rates for single family residential (SFR) customers. As reflected in this summary, given the significant cost drivers facing SCSS, the increases will be modest under the proposed rate increase. For example, for collection of a 32-gallon garbage container (the most common SFR service level) as well as separate waste wheelers for recycling and green waste, the proposed monthly rate will increase by about $3.80 on average for the four agencies. BACKGROUND On October 20, 2021, SCSS submitted a Base Year rate increase to be effective January 1, 2022. As noted above, due to several complex issues, a revised application was submitted on February 18, 2022. This application was prepared in accordance with the rate review process and methodology formally set forth in its Franchise Agreements with Arroyo Grande, Grover Beach, Oceano and Pismo Beach. In establishing a rate-setting process and methodology, each of these Franchise Agreements specifically reference the City of San Luis Obispo’s Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates. This comprehensive approach to rate reviews was adopted by San Luis Obispo in 1994 and establishes detailed procedures for requesting rate increases and the required supporting documentation to do so. It also sets cost accounting standards and allowable operating profit ratios. As noted above, the financial information for Arroyo Grande, Grover Beach, Oceano and Pismo Beach is closely related. For this reason, these four agencies jointly contracted with William C. Statler (who has extensive experience in evaluating rate requests in accordance with the adopted methodology) on October 6, 2022 to evaluate SCSS’s rate increase application. This is the seventh Base Year analysis performed under this rate-setting methodology. The first was prepared in September 2001; second in August 2004; the third in August 2007; the fourth in December 2012; September 2015; and the last one in April 2019. As discussed below, several Interim Year rate reviews have prepared since then. Table 1. Single Family Residential Rates 32 64 96 Current Arroyo Grande $19.46 $25.29 $31.13 Grover Beach 17.65 23.85 30.03 Oceano 14.98 21.56 42.19 Pismo Beach 17.31 34.63 51.94 Proposed Arroyo Grande 23.78 30.90 38.04 Grover Beach 21.57 29.14 36.69 Oceano 18.13 26.09 51.06 Pismo Beach 21.15 42.32 63.47 Increase: Proposed Rates Arroyo Grande 4.32 5.61 6.91 Grover Beach 3.92 5.29 6.66 Oceano 3.15 4.53 8.87 Pismo Beach 3.84 7.69 11.53 Container Size (Gallons) Page 283 of 340 Solid Waste Rate Review - 6 - Franchise Agreement Summary Historically, each agency has had its own approach to determining service levels and adopted differing Franchise Agreements accordingly. While these became similar beginning in 1999, in 2008 the Cities of Arroyo Grande, Grover Beach and Pismo Beach adopted renewed franchise agreements, followed by the Oceano Community Service District in Summer 2010, which are the same in all key provisions: • Each agency contracts with SCSS for garbage, green/food waste and recycling; and SCSS provides the container (waste wheelers) for each service. • As noted above, each agency has adopted the same rate-setting methodology, including the option of terminating the agreement within nine months following approval of the requested rate increase if it exceeds the cost of living threshold. • Arroyo Grande, Grover Beach and Pismo Beach have adopted franchise fees of 10%; the Oceano CSD reduced its rate to 5% in February 2020. Each of these agreements were similarly amended in 2016 to: • Extend the term of the agreement for 20 years in recognizing the amortization of extensive investments in food and green waste processing. • Revise the cost of living threshold “trigger” to include prorated landfill cost increases. RATE REVIEW WORKSCOPE This report addresses four basic questions: • Should SCSS be granted a rate increase? And if so, how much? • How much does it cost to provide required service levels? • Are these costs reasonable? • And if so, what is a reasonable level of return on these costs? The following documents were closely reviewed in answering these questions: • Franchise Agreements and any Amendments for each agency • Independently audited financial statements for SCSS for 2019 and 2020. • City of San Luis Obispo’s Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates (Rate Manual) • SCSS rate increase application and supporting documentation • Follow-up interviews, correspondence and briefings with agency and SCSS staff • Rate surveys of Central Coast communities Table 2. Franchise Agreement Effective Dates Agency Agreement Amendments Arroyo Grande June 10, 2008 March 22, 2016 July 26, 2016 Grover Beach July 7, 2008 June 20, 2016 Oceano July 14, 2010 July 29, 2016 Pismo Beach June 3, 2008 August 3, 2016 Page 284 of 340 Solid Waste Rate Review - 7 - REVENUE AND RATE SETTING OBJECTIVES In considering SCSS’s rate increase request, it is important to note the revenue and rate setting objectives for solid waste services as set forth in the Franchise Agreements via the Rate Manual. Revenues. These should be set at levels that: • Are fair to customers and the hauler. • Are justifiable and supportable. • Ensure revenue adequacy. • Provide for ongoing review and rate stability. • Are clear and straightforward for the agency and hauler to administer. Rate Structure. Almost any rate structure can meet the revenue principles outlined above and generate the same amount of total revenue. Moreover, almost all rate structures will result in similar costs for the average customer: what different rate structures tell us is how costs will be distributed among non-average customers. The following summarizes adopted rate structure principles for solid waste services: • Promote source reduction, maximum diversion and recycling. • Provide equity and fairness within classes of customers (similar customers should be treated similarly). • Be environmentally sound. • Be easy for customers to understand. FINANCIAL OVERVIEW While detailed financial and service information is provided in the SCSS rate request application (Appendix A), the following summarizes costs, revenues and account information based its proposal for 2022 for all areas serviced by SCSS. Costs by Type. Total proposed costs for 2022 (after deducting for non-allowable and limited costs as discussed later in this report) are 17.3 million. As reflected in Table 3, five cost areas accounted for 85% of total costs: • Direct labor for collection: 23% • Disposal: landfill, recycling and greenwaste: 27% • Vehicle operations and maintenance (including depreciation): 19% • Franchise fees: 8% • Insurance: 8% Page 285 of 340 Solid Waste Rate Review - 8 - Revenues by Source. Total revenues (without proposed rate increases) are $15.2 million. As reflected in Table 4, 58% of SCSS’s revenues come from single-family residential (SFR) accounts. Services to multi-family residential and non-residential customers account for 42% of their revenues, with less than 1% from other revenues. This significant gap between revenues and expenses (plus allowable profit) drives the proposed rate increase. Service Accounts by Type. While single-family residences account for 58% of revenues, they represent 92% of total accounts (Table 5). This reflects the fact that per account, multi-family and non-residential customers generate more solid waste than single-family residential customers (and thus more revenue per account). RATE-SETTING PROCESS Under the Rate Manual, the rate-setting process follows a three-year cycle: • Base Year. The first year of the cycle—the Base Year—requires a comprehensive, detailed analysis of revenues, expenses and operating data. This information is evaluated in the context of agreed upon factors in the franchise agreements in determining fair and reasonable rates. As noted above, the last Base Year analysis for SCSS under this approach was prepared in April 2019. • Two Interim Years. In both the second and third years, SCSS is eligible for Interim Year rate adjustments that address three key change factors: changes in the consumer price index (CPI- U) for “controllable” operating costs; changes in “pass-through costs” (primarily landfill tipping fees, which SCSS does not control: they are set by the County Board of Supervisors); and an adjustment to cover increased franchise fees. The first two adjustment factors are “weighted” by the proportionate share that these costs Page 286 of 340 Solid Waste Rate Review - 9 - represent of total costs (excluding franchise fees). For example, in the current Base Year analysis for recommended 2019 rates, controllable costs account for about 75% of total costs, with landfill disposal costs accounting for about 25%. The rate review for the two Interim Years requires less information and preparation time than the Base Year review, while still providing fair and reasonable rate adjustments. Rate Increase History The following summarizes the SCSS rate review history beginning with 2005 (last eighteen years) based on the year of the application (which is typically the implementation year). Table 6. SFR Rate History: 2005 to 2022 (Last 18 Years) 1. From 2004 to 2011, the franchise fee rate in Pismo Beach was 6% compared with 10% in the other three agencies, and as such, its rate increase was slightly less. In July 2011, Pismo Beach adopted a Year Review Type Arroyo Grande Grover Beach Oceano Pismo Beach (1) 2005 Base Year 5.60%5.60%5.60%5.30% 2006 Interim Year 3.09%3.09%3.09%2.95% 2007 Interim Year 3.76%3.76%3.76%3.60% 2008 Base Year 3.00%3.00%3.00%2.90% 2009 Interim Year 0.00%0.00%0.00%0.00% 2010 Interim Year (2) 0.00%0.00%0.00%0.00% 2011 Interim Year 0.00%0.00%0.00%0.00% 2012 Interim Year (2) 5.15%5.15%5.15%5.15% 2013 Base Year 3.20%3.20%3.20%3.20% 2014 Interim Year 2.05%2.05%2.05%2.05% 2015 Interim Year 0.00%0.00%0.00%0.00% 2016 Base Year 3.25%3.25%3.25%3.25% 2017 Interim Year 1.10%1.10%1.10%1.10% 2018 Interim Year 1.60%1.60%1.60%1.60% 2019 Base Year 10.06%10.06%10.06%10.06% 2020 Interim Year 1.70%1.70%1.70%1.70% 2020 Franchise Fee Rdctn (3) -5.00% 2021 Interim Year 0.70%0.70%0.70%0.70% 2022 Base Year (4) 22.19%22.19%21.03%22.19% Proposed Interim Year Rates Consistent with past practice, SCSS has proposed an interim year approach that is slightly different from the Rate Manual methodology. In the interest of a more straightforward, streamlined process, SCSS proposes simply adjusting rates by changes in the CPI-U in 2023 and 2024. As noted in the past, the concept is consistent with the Rate Manual approach, but is simpler and allows for multi-year rate setting. Accordingly, it is recommended that four agencies continue using this approach. Given the that interim review methodology set forth in the Rate Manual has not been used for several years, this is another area the update should consider. Page 287 of 340 Solid Waste Rate Review - 10 - 10% franchise fee, bringing it in alignment with the other three agencies (as well as most other agencies in San Luis Obispo County). In implementing the 10% rate in 2011, Pismo Beach adopted an added 3.9% increase beyond the interim year rate increase of 5.15% requested by SCSS. 2. SCSS did not request a rate increase in 2010 (which would have been the “normal” cycle to do so), and accordingly, did not submit a Base Year rate application. However, SCSS did submit a rate request in 2011 using an Interim Year methodology. The reasonableness of using the resulting “hybrid” approach was discussed in detail in the 2011 Interim Year report, which concluded that this approach was reasonable given the circumstances. 3. In February 2020, the Oceano CSD reduced its franchise fee from 10% to 5%, reducing rates by 5%. 4. Proposed rate increase. 5. As noted above, this chart reflects SFR rate increases. SCSS began charging for commercial recycle containers. These rates were set at 50% of the garbage rates at that time. Assuming the proposed rate increases are approved, this will result in an average annual rate increase of 3.6% over the last eighteen years. While there have been notable peaks in 2019 and 2022, largely due to regulatory and external market changes for recyclables, this reflects a high level of rate stability and price containment for SCSS customers. RATE SETTING METHODOLOGY Are the Costs Reasonable? The first step in the rate review process is to determine if costs are reasonable. There are three analytical techniques that can be used in assessing this: • Detailed review of costs and service responsibilities over time. • Evaluation of external cost factors, such as general increases in the cost of living (as measured by the consumer price index). • Comparisons of rates with other communities. Each of these was considered in preparing this report, summarized as follows. Detailed Cost Review In its rate application (Appendix A), SCSS provides detailed financial data for five years: • Audited results for the two prior years (2019 and 2020). • Estimated results for 2021. • Projected costs for the Base Year (2022). • Estimated costs for the following year (2023). Page 288 of 340 Solid Waste Rate Review - 11 - Additionally, for virtually all line items, SCSS provided supplemental detail upon request to support cost increases from 2020 to 2022. Table 7 below provides actual costs for 2020 (most recent audit results) compared with requested and recommended cost projections for 2022. While there are significant cost increases in several categories, they are reasonable given the cost drivers facing SCSS. The Short Story. The key drivers behind the proposed rate increases for 2022 can be summarized by four cost factors over the past two years: • Truck depreciation. • Food and green waste recycling. • Insurance • Gas and oil All other cost increases including labor, ongoing maintenance, disposal costs at the landfill and MRF, account for less than 3% of the rate increase. Table 7. Detail Cost Review: 2020 Compared with 2022 2020 Actual Amount Change Direct Labor 3,614,140 3,922,681 308,541 Administrative Costs Corporate Overhead 356,299 378,184 21,885 Office Salaries 768,706 835,736 67,030 Other Expenses - Depreciation 535,997 1,534,705 998,708 Gas and Oil 821,425 952,847 131,422 Insurance Medical 674,318 779,174 104,856 General Liability 388,530 582,286 193,756 Office Expense 229,923 268,409 38,486 Operating Supplies 83,727 77,820 (5,907) Outside Services 270,687 211,251 (59,436) Permits 67,486 97,290 29,804 Tires 127,834 151,673 23,839 Truck Repairs 642,080 606,106 (35,974) Other Costs 323,681 353,209 29,528 Total Allowable Costs 8,904,833 10,751,371 1,846,538 Pass-Through Costs Disposal Costs Landfill 1,701,768 1,805,407 103,639 MRF 1,223,081 1,143,280 (79,801) Greenwaste 824,872 1,781,655 956,783 Franchise Fees 1,629,121 1,454,123 (174,998) Facility Rent, Related Party 170,111 181,814 11,703 Interest, Related Party 133,282 213,214 79,932 Transportation, Related Party 34,271 43,275 9,004 Total Pass-Through Costs 5,716,506 6,622,768 906,262 Total Costs $14,621,339 $17,374,139 $2,752,800 2022 Proposed Page 289 of 340 Solid Waste Rate Review - 12 - These costs are organized by costs where SCSS is allowed a profit (“Allowable”) and those where it can recover the cost but not earn a profit on them (“Pass-Through”). The following describes the basis for each for the significant changes. Allowable Costs • Direct Labor. This reflects a two-year increase of 8.5%, or about 4.2% per year. Given the tight labor market and current increases in CPI, this increase for retention and attraction is reasonable. • Office Salaries. This also reflect annual increases of about 4% per year. Again, given the tight labor market and current increases in CPI, this increase for retention and attraction is reasonable. • Depreciation. The 2019 Base Year report noted that as fully depreciated trucks were replaced, significant continuing higher depreciation costs were expected in the future due to two factors: annual depreciation costs on fully depreciated trucks would go from zero to about $60,000 each; and the cost basis for new trucks would be significantly higher than in the past. Given replacements during 2021 and those proposed in 2022, the increased cost is reasonable. Combined with a possible change in amortization schedule as noted in the sidebar, planned replacements should result in stabilized costs in the future. • Gas and Oil. These costs are projected to increase by about 7.5% annually. Given the volatility (both up and down) of diesel and CNG costs (especially recent cost spikes), this is a reasonable assumption for 2022 costs. • Insurance: Health Care and Liability. These costs are projected to increase significantly by about 12.5% annually (7.5% for health care and 22.5% for liability insurance). Given increases in health care costs and current liability insurance market, these are reasonable assumptions for 2022 costs. • All Other Allowable Costs. While there are ups and downs in the other individual line items, in total these reflect modest annual increases of about 2%. Pass-Through Costs • Disposal Costs: Landfill. No rate increases are reflected in the rate application ($41.00 per ton). The modest two-year increase reflects increased tonnage. Truck Amortization The Rate Manual calls for depreciating trucks over seven years. While this made sense in 1994, manufacturing improvements since then have resulted in longer lives, with ten years becoming the industry standard. As noted above, this change should be considered as part of the Rate Manual update. Page 290 of 340 Solid Waste Rate Review - 13 - • Disposal Costs: Recycling (Related Party). This cost category reflects a decrease in the tonnage rate from $96.00 to $84.59. • Disposal Costs: Greenwaste. After depreciation, this is the largest cost increase from 2020. These costs are incurred under an on-site agreement with HZI and reflect costs to build (via depreciation), operate and maintain the anaerobic digestion plant. The purpose of this plant is to process local food and greenwaste in meeting California regulation SB 1383. Key drivers include higher costs than initially projected for construction; ongoing operations and maintenance due to feedstock challenges; and local outbound material. The following further describes these challenges; and a cost summary is provided in Appendix B. Construction and startup The construction of the anaerobic digester plan in San Luis Obispo was one of the first high solids digesters in the United States and the 99th overall renewable gas anaerobic plant built globally by HZI. The construction of the anerobic digester in California posed unique challenges but was constructed safely and without any environmental incidents. Given the “first-of- the-kind” nature of the project in California, the actual cost to construct the anaerobic digestion plant exceeded the original budget originally set in 2014. The cost increases were mainly driven by labor availability, prevailing wage, civil and underground cost increases, and equipment and material escalations. Operation and maintenance. The anaerobic digestion plant exceeds 95% availability (uptime) to process waste while producing renewable green electricity. To ensure the plant is reliably available to process local community waste, the operations and maintenance cost of the anaerobic digestion exceeds the original annual budget due to several factors: 1. The quantity of entrained inorganic material (such as sand and metal) entrained in the waste increases the wear and tear on the mechanical components of the plant, which inherently increases the number of staff required to operate and maintain the facility. 2. The lower than anticipated quantity of food was also increases the wear and tear on the equipment, which has mainly been driven need to continue to educate the community on organics recycling and the impacts of COVID on commercial businesses (most notably restaurants). 3. Plant labor costs have increased due to the requirements of processing the waste, maintaining the equipment, competitive labor market and inflationary costs in San Luis Obispo County and more broadly in California. Plant administrative costs such as insurance, legal and taxes continue to increase greater than was historically budgeted. Local Benefits It should be noted that that while costs have increased, HZI and SCSS believe there are substantial local benefits to the greenwaste operation, including: • Powering over 600 homes with 6.2 million kWh per year of renewable electricity. • Diverting 72 million pounds of organics from landfills per year • Reducing greenhouse gas emissions by 5,300 metric tons per year. Page 291 of 340 Solid Waste Rate Review - 14 - In summary, key operation and maintenance cost increases reflect continual sand removal; increased equipment replacement and maintenance; increased labor hours and rates; and management of backend compost. Depreciation. Plant depreciation expenses reflect the higher construction costs discussed above in addressing waste profile challenges such as sand and low food waste content. Lower Natural Gas Production (Revenue). Due to the amount of inorganic material (like sand) and the lower than anticipated food waste content, the overall natural gas production is lower than planned. This directly limits the amount of overall natural gas production potential of the digester and ultimately electricity sales. In the past, greenwaste contract costs have been considered “allowable” costs. However, as disposal costs, they are more like landfill and recycling costs, which are treated as “pass- through” costs that can be recovered but profit is not allowed on them. Accordingly, this is considered a pass-through cost in this rate review. However, this another area that should be reviewed as part of the rate manual update. • Franchise Fees. This reflects the removal of IWMA fees from the cost base. • Interest (Related Party). Interest is an allowable cost under the Rate Manual. In this case, interest costs are assessed internally by Waste Connections based on a methodology that takes into account its corporate costs of borrowing and financed assets. Accordingly, this is treated as a “pass-through” cost. SCSS’s auditors have previously provided a written opinion on the reasonableness of the cost methodology; and I have reviewed the calculations underlying the projected costs in accordance with this methodology. Given the increase in financed assets as reflected in depreciation costs, I believe the projected interest costs for 2022 are reasonable. Trends in External Cost Drivers The most common external “benchmark” for evaluating cost trends is the consumer price index. Over the past two calendar years (2020 and 2021), the U.S. CPI-U increased by 8.5% (about 4.2% annually). Excluding the cost drivers discussed above, all other costs over the past two years increased by 4.1% (about 2% annually). Rates in Comparable Communities Lastly, reasonableness of rates (and underlying costs) can also be evaluated by comparing rates with comparable communities. However, survey results between “comparable” communities need to be carefully weighed because every community is different. Nonetheless, surveys are useful assessment tools—but they are not perfect and they should not drive rate increases. Typical reasons why solid waste rates may be different include: • Franchise fees and AB 939 fee surcharges • Landfill costs (tipping fees) Page 292 of 340 Solid Waste Rate Review - 15 - • Service levels (frequency, quality) • Labor market • Operator efficiency and effectiveness • Voluntary versus mandatory service • Direct services provided to the franchising agency at no cost, such as free trash container pick-up at city facilities, on streets and in parks • Percentage of non-residential customers, and how costs and rates are allocated between customer types • Revenue collection procedures: Does the hauler or the franchising agency bill for service? And what are the procedures for collecting delinquent accounts? • Services included in the base fee (recycling, green waste, containers, pick-up away from curb) • Different rates structures • Land use and density (lower densities will typically result in higher service costs) • Mix of residential and non-residential accounts With these caveats, the following summarizes single family residential rates for other cities in the Central Coast area compared with the proposed rates for SCSS. As reflected below, even with the recommended or proposed rate increases, Arroyo Grande, Grover Beach, Oceano and Pismo Beach will have among the lowest rates of the agencies surveyed. Table 8. Single Family Residential Rate Survey Single Family Residential Monthly Trash Rates 30-40 60-70 90-101 Atascadero $28.55 $44.50 $55.77 Morro Bay 22.88 45.76 68.64 Paso Robles 30.90 51.12 57.25 San Luis Obispo*22.51 45.03 67.56 Santa Maria na 30.69 34.81 San Miguel 28.23 44.48 61.06 Templeton 31.40 45.01 44.48 Proposed: South County Sanitation Service Area Arroyo Grande 23.78 30.90 38.04 Grover Beach 21.57 29.14 36.69 Oceano CSD 18.13 26.09 51.06 Pismo Beach 21.15 42.32 63.47 * Proposed 2022 rates scheduled for review in April 2022 Container Size (Gallons) Page 293 of 340 Solid Waste Rate Review - 16 - Summary: Are the costs reasonable? Based on the results of the three separate cost-review techniques—trend review, external factor analysis and rate comparisons—the proposed cost assumptions for 2022 are reasonable. What Is a Reasonable Return on these Costs? After assessing if costs are reasonable, the next step is to determine a reasonable rate of return on these costs. The rate-setting method formally adopted by Arroyo Grande, Grover Beach, Oceano and Pismo Beach in their Franchise Agreements with SCSS includes clear criteria for making this assessment. It begins by organizing costs into three main categories, which will be treated differently in determining a reasonable “operating profit ratio:” Allowable Costs (Operations and Maintenance): Reasonable Operating Profit Allowed • Direct collection labor • Fuel • Vehicle maintenance and repairs • Depreciation • Insurance • Billing and collection Pass-Through Costs: Can be Recovered but No Profit Allowed • Disposal costs (landfill, recycling, greenwaste) • Franchise fees • Payments to affiliated companies (such as facility rent, interest and trucking charges) Excluded and Limited Costs: No Revenues Allowed • Charitable and political contributions • Non-IRS approved profit-sharing plans • Entertainment • Fines and penalties • Income taxes • Limits on corporate overhead After organizing costs into these three categories, determining “operating profit ratios” and overall revenue requirements is straightforward: • The target is an 8% operating profit ratio on “allowable costs.” • Pass-through costs may be fully recovered through rates but no profit is allowed on these costs. • No revenues are allowed for any excluded or limited costs. In the case of SCSS, about 60% of their costs are subject to the 8% operating profit ratio; and 40% are pass-through costs that may be fully recovered from rates but no profit is allowed. No recovery is allowed for excluded costs. The overall operating profit ratio after allowable and pass-through costs is 5%. Page 294 of 340 Solid Waste Rate Review - 17 - Preparing the Rate Request Application Detailed “spreadsheet” templates for preparing the rate request application—including assembling the required information and making the needed calculations—are provided in the Rate Manual. SCSS has prepared their rate increase application in accordance with these requirements (Appendix A); and the financial information provided in the application for 2019 and 2020 ties to its audited financial statements. Proposed Rate Summary The following summarizes the calculations that support the requested and recommended rate increases: Table 9. Proposed Rate Increase Summary As reflected in this summary, all the rate-setting factors are the same for all four agencies are the same except for the franchise fee adjustment (which reflects that higher franchise fees will be required with the rate increase): 5% for the Oceano CSD and 10% for the other three agencies. Implementation The following summarizes key implementation concepts in the adopted rate-setting model: • The “8%” operating profit ratio is a target; in the interest of rate stability, adjustments are only made if the calculated operating profit ratio falls outside of 10% to 6%. • On the other hand, if past ratios have been stronger than this target, then the revenue base is re-set in the Base Year review. Oceano Others Allowable Costs 10,751,371 10,751,371 Allowable Profit (8% Operating Ratio)934,901 934,901 Pass-Through Costs Disposal Landfill 1,805,407 1,805,407 MRF (Recycling)1,143,280 1,143,280 Greenwaste 1,781,655 1,781,655 Franchise Fees 1,454,123 1,454,123 Related Party Costs 438,303 438,303 Total Pass-Through Costs 6,622,768 6,622,768 Allowed Revenue Requirements 18,309,041 18,309,041 Revenue without Rate Increase 15,260,678 15,260,678 Revenue Requirement: Shortfall (Surplus)3,048,363 3,048,363 Rate Base Revenue 18,309,041 18,309,041 Percent Change in Revenue Requirement 19.98%19.98% Allowed Revenue Increase *21.03%22.19% * Adjusted for 5% franchise fee in Oceano and 10% in others Page 295 of 340 Solid Waste Rate Review - 18 - • Special rate increases for extraordinary circumstances may be considered. The result of this process is a proposed rate increase of 22.19% (21.03% in the Oceano CSD). RATE DIFFERENCES BETWEEN COMMUNITIES If costs for Arroyo Grande, Grover Beach, Oceano and Pismo Beach are so similar, why are the residential rates so different? The short answer: history and different approaches to rate structure philosophies. History Until 1999, service levels under the Franchise Agreements with SCSS between these four agencies were significantly different. The rates in place at that time became the basis for subsequent rate reviews. Rate Structure Principles Most significantly, each agency has adopted different rate structure principles to recover similar costs. For example, Pismo Beach has adopted a rate structure for its residential customers that more closely reflects a “pay-as-you-throw” philosophy under which the “per gallon” costs for 32, 64 and 96 gallon containers are the same (for example, a 64-gallon container costs twice as much as a 32-gallon one.) This results in lower monthly costs for 32-gallon customers and relatively higher rates for 64 and 96-gallon customers. On the other hand, Arroyo Grande has adopted rates that do not have as much difference between container sizes (but still offer an incentive for smaller containers over larger ones), recognizing collection economies of scale for larger versus smaller containers. In this case, 32- gallon containers in Arroyo Grande are more expensive than in Pismo Beach, but 64-gallon containers are less. Both rate structures have their strong points: in the case of Pismo Beach, rates are more reflective of disposal costs, whereas in Arroyo Grande they are more reflective of collection costs. But the important point is that the revenue generating capability is the same even though the rates are different. Multi-Family and Non-Residential Rates Lastly, multi-family and non-residential rates (which account for about 40% of SCSS revenues) are similar in all four agencies: it is only in single family residential rates that there are significant differences between communities. COST ACCOUNTING ISSUES As noted above, SCSS’s financial operations for Arroyo Grande, Grover Beach, Oceano and Pismo Beach are closely related. Keeping costs and revenues segregated is further complicated Page 296 of 340 Solid Waste Rate Review - 19 - by the fact that SCSS is a subsidiary of Waste Connections US (which acquired the parent company in April 2002), which shares ownership with the following local companies: • San Luis Garbage Company • Mission Country Disposal • Morro Bay Garbage Service • Coastal Roll-Off Service • Cold Canyon Land Fill • Cold Canyon Processing Facility Additionally, within the South County, SCSS’s service area includes: • City of Arroyo Grande • City of Grover Beach • City of Pismo Beach • Oceano Community Services District • Nipomo Community Services District • Avila Beach Community Services District • Other unincorporated areas in the South County such as rural Arroyo Grande Cost Accounting System Audited financial statements are prepared for each company within Waste Connections’ central coast operations by an independent certified public accountant; and SCSS’s auditors have consistently issued “clean opinions” on its financial operations. However, only direct labor hours for collection (and related compensation), liability insurance, franchise fees and revenues are directly accounted for each company (like SCSS); and then within each agency serviced by it. As summarized below for major cost categories, all other costs are allocated between companies based on apportionments using generally accepted accounting principles: Table 10. Cost Allocation Bases Allocation Basis Major Cost Categories Customer counts • Region and division overhead • Office salaries • Office expense • Legal and accounting Direct labor hours • Truck depreciation • Truck repairs and tires • Mechanic labor • Gas and oil Tonnage Disposal costs • Landfill • MRF/recycling • Greenwaste Page 297 of 340 Solid Waste Rate Review - 20 - Revenue • Corporate overhead (adjusted for Rate Manual limitations) • Bad debt expense • Other taxes Containers • Container depreciation • Container labor • Container repairs Gallons • Diesel fuel These allocation bases seem reasonable. However, they are subject to periodic change as determined by Waste Connections. Since these apportionments are a key basis for rate setting, the bases of allocation for each cost category (including allocations of regional and district overhead and accounting for direct costs) should be established in an updated Rate Manual. COST OF LIVING “TRIGGER OPTION” As noted above, Section 8.3 of the Franchise Agreements provides that if the rate increase request compared with the rate in effect at the date of the agreement exceeds the cumulative cost of living increase from that same date, each agency has the option of terminating the agreement at any time within nine months following approval of the requested rate increase. While this provision does not directly limit rate increase requests by SCSS to an amount that may be less than that allowed under the rate-setting methodology, subjecting the Franchise Agreement to possible termination if the rate request is greater than the cost of living threshold provides a strong incentive for SCSS to do so, if possible. Calculation of the Cost of Living Threshold As recommended in the 2013 Interim Year rate review for consistency and clarity, the CPI-U rate increases used in calculating Interim Year increases and the “trigger” threshold are based on changes from June to June (given application submittal targets, this was the most recent date that would consistently be available). Along with the adjustment for the “weighted” greenwaste rate increase in 2012 of 1.7% previously approved, the 2016 Franchise Agreement amendments provided for adjustments to the threshold “trigger” of landfill rate increases, weighted by the ratio of landfill costs to total costs (assumed at 25% based on recent trends). • Table 11(a) provides the threshold calculation compared with actual rate increases and those recommended for 2022. • Table 11(b) provides landfill rates since 2008. As reflected in Table 11(a), the cumulative changes in the cost of living (with adjustments for greenwaste and landfill cost increases) is 34.87%. This compares with cumulative rate increases, including those recommended of 22.19% for 2022 (21.03% for Oceano CSD) of 61.76%. This would result in exceeding the “trigger” by 26.89%. Page 298 of 340 Solid Waste Rate Review - 21 - Table 11(a). Trigger Threshold Calculation Table 11(b). Landfill Rates Per Ton Increase Prorated @ Year Actual Amount Percent 25% 2008 29.25 - 0.00% 0.00% 2009 29.25 - 0.00% 0.00% 2010 29.25 - 0.00% 0.00% 2011 34.25 5.00 17.09% 4.27% 2012 34.25 - 0.00% 0.00% 2013 34.25 - 0.00% 0.00% 2014 36.50 2.25 6.57% 1.64% 2015 38.75 2.25 6.16% 1.54% 2016 41.00 2.25 5.81% 1.45% 2017 41.00 - 0.00% 0.00% 2018 41.00 - 0.00% 0.00% 2019 41.00 - 0.00% 0.00% 2020 41.00 - 0.00% 0.00% 2021 41.00 - 0.00% 0.00% 2022 41.00 - 0.00% 0.00% Note: Under long-term rate increases approved by the County, Cold Canyon Landfill was eligible for annual rate increases of $2.25 per ton from 2017 to 2022, with a resulting rate of $54.50 by 2022, However, it chose not to do so. Rate Rate June Index Amount Percent Greenwaste Landfill (1)Threshold Year Increase (2) 2009 215.693 2010 217.965 2.272 1.05%4.27%5.33%2011 0.00% 2011 225.722 7.757 3.56%1.70%0.00%5.26%2012 5.15% 2012 229.478 3.756 1.66%0.00%1.66%2013 3.20% 2013 233.504 4.026 1.75%1.64%3.40%2014 2.05% 2014 238.343 4.839 2.07%1.54%3.61%2015 0.00% 2015 238.638 0.295 0.12%1.45%1.58%2016 3.25% 2016 241.018 2.380 1.00%0.00%1.00%2017 1.10% 2017 244.955 3.937 1.61%0.00%1.61%2018 1.61% 2018 251.989 7.034 2.79%0.00%2.79%2019 10.06% 2019 256.143 4.154 1.62%0.00%1.62%2020 1.70% 2020 257.797 1.654 0.64%0.00%0.64%2021 0.70% 2021 271.696 13.899 5.12%0.00%5.12%2022 22.19% Cumulative Total 56.003 25.96%1.70%8.91%34.87%61.76% Requested Rate Increase Above Trigger Threshold 26.89% 1. Landfill rate increases prorated at 25% of total costs 2. Recommended rate for 2022, except for Oceano (21.03%) US CPI-U Increase Allowed Adjustments Page 299 of 340 Solid Waste Rate Review - 22 - However, it is important to note that this “trigger” calculation does not limit the allowable rate increase that may be requested under the methodology set forth in the Franchise Agreements or approved by the agencies. Accordingly, if the proposed rate increases are approved, I recommend that the agencies consider (as they did in as part of the 2019 Base Year review) adopting findings that they will not pursue the “trigger” option. Rate Manual Update. The merit of continuing with the “trigger option” is another area that should be considered with the Rate Manual update. COORDINATION WITH OTHER AGENCIES SCSS has submitted similar rate requests to the three other agencies that regulate rates and services in the other South County areas that it serves: County of San Luis Obispo, Avila Beach Community Services District and the Nipomo Community Services District. These agencies are likely to act on the requested rate increases within the same time frame as the four agencies covered in this report. Waste Connections (as San Luis Garbage Company) has also submitted a rate increase application to the City of San Luis Obispo of 17.75%, which is scheduled for Council review on April 19, 2022. As Mission County Disposal, it has also submitted initial rate applications for Los Osos and the north coastal areas of about 40%. SUMMARY Based on the rate-setting policies and procedures formally adopted by Arroyo Grande, Grover Beach, Oceano and Pismo Beach in their Franchise Agreements, this report concludes that: • SCSS has submitted the required documentation required under its Franchise Agreements with the four agencies. • This results in a recommended rate increase of 22.19% in the cities of Arroyo Grande, Grover Beach and Pismo Beach; and 21.03% in the Oceano CSD. ATTACHMENTS Appendix A: Base Year Rate Request Application from South County Sanitary Service Appendix B: HZI Greenwaste Digester Cost Analysis Page 300 of 340 Appendix A BASE YEAR RATE REQUEST APPLICATION 1. Base Year Application Summary • City of Pismo Beach • City of Arroyo Grande • City of Grover Beach • Oceano Community Services District 2. Supporting Schedules • Financial Information: Cost and Revenue Requirements Summary • Revenue Offset Summary • Cost Summary for Base Year • Base Year Revenue Offset Summary • Operating Information • Rate Survey Page 301 of 340 South County Sanitary Service 2022 Base Year Rate Adjustment Application Summary CITY OF PISMO BEACH Requested Increase Digester Expense 6.2% Capital Purchases 5.9% Market Rate Wage Adjustment 5.6% Commingle Processing Fee 1.9% Other 2.6% 1. Rate Increase Requested 22.19% Rate Schedule Current Increased Adjustment New Rate Schedule Rate Rate (a) Rate Single Family Residential 2. Economy Service (1 - can curb) $17.31 $3.84 $21.15 4. Standard Service (2- can curb) $34.63 $7.69 $42.32 5. Premium Service (3 - can curb) $51.94 $11.53 $63.47 (a) Calculated rates are rounded up to the nearest $0.01. 6.Multiunit Residential and Non-residential Rate increases of 22.19% will be applied to all rates in each structure with each rate rounded to the nearest $0.01 Certification To the best of my knowledge, the data and information in this application is complete, accurate, and consistent with the instructions provided by the Rate Setting Manual. Name:Jeff Clarin Title:District Manager Signature: Date:10/20/21 Revised 2/18/22 Fiscal Year: 1-1-2022 to 12-31-2022 Pg. 1 of 6 Page 302 of 340 South County Sanitary Service 2022 Base Year Rate Adjustment Application Summary CITY OF ARROYO GRANDE Requested Increase Digester Expense 6.2% Capital Purchases 5.9% Market Rate Wage Adjustment 5.6% Commingle Processing Fee 1.9% Other 2.6% 1. Rate Increase Requested 22.19% Rate Schedule Current Increased Adjustment New Rate Schedule Rate Rate (a) Rate Single Family Residential 2. Economy Service (1 - can curb) 19.46$ $4.32 $23.78 4. Standard Service (2- can curb) 25.29$ $5.61 $30.90 5. Premium Service (3 - can curb) 31.13$ $6.91 $38.04 (a) Calculated rates are rounded up to the nearest $0.01. 6.Multiunit Residential and Non-residential Rate increases of 22.19% will be applied to all rates in each structure with each rate rounded to the nearest $0.01 Certification To the best of my knowledge, the data and information in this application is complete, accurate, and consistent with the instructions provided by the Rate Setting Manual. Name:Jeff Clarin Title:District Manager Signature: Date:10/20/21 Revised 2/18/22 Fiscal Year: 1-1-2022 to 12-31-2022 Pg. 1 of 6 Page 303 of 340 South County Sanitary Service 2022 Base Year Rate Adjustment Application Summary CITY OF GROVER BEACH Requested Increase Digester Expense 6.2% Capital Purchases 5.9% Market Rate Wage Adjustment 5.6% Commingle Processing Fee 1.9% Other 2.6% 1. Rate Increase Requested 22.19% Rate Schedule Current Increased Adjustment New Rate Schedule Rate Rate (a) Rate Single Family Residential 2. Economy Service (1 - can curb) 17.65$ $3.92 $21.57 4. Standard Service (2- can curb) 23.85$ $5.29 $29.14 5. Premium Service (3 - can curb) 30.03$ $6.66 $36.69 (a) Calculated rates are rounded up to the nearest $0.01. 6.Multiunit Residential and Non-residential Rate increases of 22.19% will be applied to all rates in each structure with each rate rounded to the nearest $0.01 Certification To the best of my knowledge, the data and information in this application is complete, accurate, and consistent with the instructions provided by the Rate Setting Manual. Name:Jeff Clarin Title:District Manager Signature: Date:10/20/21 Revised 2/18/22 Fiscal Year: 1-1-2022 to 12-31-2022 Pg. 1 of 6 Page 304 of 340 South County Sanitary Service 2022 Base Year Rate Adjustment Application Summary OCEANO COMMUNITY SERVICE DISTRICT Requested Increase Digester Expense 6.2% Capital Purchases 5.9% Market Rate Wage Adjustment 5.6% Commingle Processing Fee 1.9% Other 1.4% 1. Rate Increase Requested 21.03% Rate Schedule Current Increased Adjustment New Rate Schedule Rate Rate (a) Rate Single Family Residential 2. Economy Service (1 - can curb) 14.98$ $3.15 $18.13 4. Standard Service (2- can curb) 21.56$ $4.53 $26.09 5. Premium Service (3 - can curb) 42.19$ $8.87 $51.06 (a) Calculated rates are rounded up to the nearest $0.01. 6.Multiunit Residential and Non-residential Rate increases of 21.03% will be applied to all rates in each structure with each rate rounded to the nearest $0.01 Certification To the best of my knowledge, the data and information in this application is complete, accurate, and consistent with the instructions provided by the Rate Setting Manual. Name:Jeff Clarin Title:District Manager Signature: Date:10/20/21 Revised 2/18/22 Fiscal Year: 1-1-2022 to 12-31-2022 Pg. 1 of 6 Page 305 of 340 South County Sanitary Service 2022 Base Year Rate Adjustment Application Current Financial Information Base Year 2019 2020 2021 2022 2023 (from Pg. 4) 6. Direct Labor $3,258,214 $3,614,140 $3,638,218 $3,922,681 $4,040,361 7. Corporate Overhead $350,343 $356,299 $359,149 $378,184 $389,529 8. Office Salaries $688,788 $768,706 $758,312 $835,736 $859,332 9. Other General and Admin Costs $4,482,056 $4,990,560 $5,899,433 $5,614,771 $7,809,122 10 Total Allowable Costs $8,779,401 $9,729,705 $10,655,112 $10,751,372 $13,098,345 11. Operating Ratio 97.3% 98.2% 103.6% 92.0% 92.0% 12.Allowable Operating Profit $245,196 $179,075 ($366,502) $934,902 $1,138,986 13. Tipping Fees $2,754,458 $2,924,849 $3,012,594 $4,730,341 $2,978,173 14. Franchise Fees $1,482,198 $1,629,121 $1,652,070 $1,454,123 $1,497,747 15. AB939 Fees $0 $0 $0 $0 $0 16. Payments to Affiliated Companies* $281,020 $337,664 $377,981 $438,302 $477,779 17. Total Pass Through Costs $4,517,676 $4,891,634 $5,042,645 $6,622,767 $4,953,699 * Affiliate Payments include interest, lease payments, and transportation 18. Revenue Requirement $13,542,273 $14,800,414 $15,331,255 $18,309,041 $19,191,030 19. Total Revenue Offsets $13,542,273 $14,800,414 $15,331,255 $15,260,678 $15,413,625 (from Page 3) 20. Net Shortfall (Surplus)$3,048,363 21. Total Residential and Non-residential Revenue without increase Oceano Nipomo in Base Year (pg.5, line 76) $15,260,678 $15,260,678 $15,260,678 22. Percent Change in Residential and Non-residential Revenue Requirement 19.98% 19.98% 19.14% 23. Franchise Fee Adjustment Factor (1 - 6 percent) 90.000% 95.000% 90.000% 22.19% 21.03% 21.27% Limitation due to cumlative increases 24. Percent Change in Existing Rates 22.19% 21.03% 21.27% Fiscal Year: 1-1-2022 to 12-31-2022 Pg. 2 of 6 Section III-Pass Through Costs Historical Projected Section I-Allowable Costs Section II-Allowable Operating Profit Section III-Pass Through Costs Section III-Pass Through Costs Page 306 of 340 South County Sanitary Service 2022 Base Year Rate Adjustment Application Revenue Offset Summary Current Base Year 2019 2020 2021 2022 2023 Residential Revenue (without increase in Base Yr.) 28. Single Family Residential $7,924,043 $8,627,550 $8,780,617 $8,769,933 $8,857,632 Multiunit Residential Dumpster 29. Number of Accounts 30. Revenues 31. Less Allowance for Uncollectible Resi Accounts $0 $0 $0 $0 $0 32.Total Residential Revenue $7,924,043 $8,627,550 $8,780,617 $8,769,933 $8,857,632 Non-residential Revenue (without increase in Base Yr.) Account Type Non-residential Can 33. Number of Accounts 11 11 12 34. Revenues $5,513 $5,568 $5,624 Non-residential Wastewheeler 35. Number of Accounts 503 508 513 36. Revenues $544,220 $549,662 $555,159 Non-residential Dumpster 37. Number of Accounts 1,576 1,592 1,608 38. Revenues $5,613,237 $6,171,381 $5,983,795 $5,917,531 $5,976,706 39. Less: Allowance for Uncollectible Non-resid $0 $0 $0 $0 $0 40.Total Non-residential Revenue $5,613,237 $6,171,381 $6,533,528 $6,472,761 $6,537,488 45.Interest on Investments $0 $0 $0 $0 $0 46.Other Income $4,993 $1,483 $17,111 $17,984 $18,505 47.Total Revenue Offsets $13,542,273 $14,800,414 $15,331,255 $15,260,678 $15,413,625 Fiscal Year: 1-1-2022 to 12-31-2022 Pg. 3 of 6 Section VII - Revenue Offsets Historical Projected Page 307 of 340 South County Sanitary Service 2022 Base Year Rate Adjustment Application Cost Summary for Base Year Description of Cost BASE YEAR 2019 2020 2021 2022 2023 Labor $3,020,612 $3,353,557 $3,377,752 $3,642,382 $3,751,654 Payroll Taxes $237,602 $260,583 $260,466 $280,299 $288,708 48.Total Direct Labor $3,258,214 $3,614,140 $3,638,218 $3,922,681 $4,040,361 49. Corporate Overhead $370,263 $387,844 $460,472 $484,877 $499,423 Less limitation (enter as negative) ($19,920) ($31,545) ($101,323)($106,693) ($109,894) Total Corporate Overhead $350,343 $356,299 $359,149 $378,184 $389,529 Office Salaries $642,368 $722,755 $701,402 $773,471 $795,199 Payroll Taxes - Office $46,420 $45,951 $56,910 $62,265 $64,133 50.Total Office Salaries $688,788 $768,706 $758,312 $835,736 $859,332 Bad Debt $12,541 $12,182 $15,064 $15,064 $15,064 Allocated expenses $0 $0 $0 $0 $0 Bonds expense $6,877 $5,221 $5,153 $5,426 $5,589 Depreciation $406,756 $535,997 $1,129,264 $1,534,705 $1,827,206 Drive Cam fees $21,242 $19,353 $20,599 $21,690 $22,341 Dues and Subscriptions $20,483 $5,793 $19,974 $21,033 $21,664 Facilities $59,584 $43,035 $29,218 $30,766 $31,689 Gas and oil $914,400 $821,425 $947,541 $952,847 $980,712 Insurance $860,855 $1,062,848 $1,225,897 $1,361,460 $1,402,304 Laundry (Uniforms) $33,527 $29,461 $29,837 $31,418 $32,361 Legal and Accounting $43,392 $46,291 $51,310 $53,890 $55,428 Miscellaneous and Other $7,943 $5,614 $5,144 $5,416 $5,579 Office Expense $211,414 $229,923 $254,048 $268,409 $276,461 Operating Supplies $59,319 $83,727 $73,903 $77,820 $80,155 Other Taxes $37,649 $40,287 $39,285 $41,236 $42,399 Outside Services $1,128,991 $1,244,791 $1,231,253 $328,750 $2,120,266 Public Relations and Promotion $5,119 $8,013 $7,639 $7,654 $7,663 Postage $21,635 $8,711 $12,894 $13,578 $13,985 Permits $60,344 $67,486 $92,393 $97,290 $100,208 Relocation $18,530 $30,701 $22,040 $22,040 $22,040 Rent $3,000 $2,250 $11,023 $12,497 $12,872 Telephone $13,294 $36,444 $36,121 $38,035 $39,176 Tires $100,399 $127,834 $144,039 $151,673 $156,223 Travel $27,991 $8,712 $12,431 $13,091 $13,483 Truck Repairs $389,414 $492,848 $464,015 $488,608 $503,266 Utilities $17,357 $21,613 $19,349 $20,375 $20,986 51.Total Other Gen/Admin Costs $4,482,056 $4,990,560 $5,899,433 $5,614,771 $7,809,122 52.Total Tipping Fees $2,754,458 $2,924,849 $3,012,594 $4,730,341 $2,978,173 53.Total Franchise Fee 1,482,198.00 $1,629,121 $1,652,070 $1,454,123 1,497,747.16 54.Total AB 939/Regulatory Fees $0 $0 $0 $0 $0 55.Total Lease Pmt to Affil Co.'s $142,332 $170,111 $172,663 $181,814 $187,268 55a.Interest Expense (to affiliate)$87,922 $133,282 $162,043 $213,214 $247,236 55b.Total Transportation to Affil Co.'s $50,766 $34,271 $43,275 $43,275 $43,275 56.Total Cost $13,297,077 $14,621,339 $15,697,757 $17,374,139 $18,052,043 Fiscal Year: 1-1-2022 to 12-31-2022 Pg. 4 of 6 Page 308 of 340 South County Sanitary Service 2022 Base Year Rate Adjustment Application Base Year Revenue Offset Summary For Information Purposes Only Description of Revenue Overall Franchise Refuse Collection Non-franchise Total Total Arroyo Pismo Grover Unincorporated Total Residential Revenue (without increase in Base Year) 57. Single Family Residential $8,769,933 $8,769,933 $1,826,861 $1,185,972 $1,173,008 $4,584,092 Multiunit Residential Dumpster 58. Number of Accounts 0 0 59. Revenues $0 $0 60. Less Allowance for Uncollectable $0 $0 61.Total Residential Revenue $8,769,933 $8,769,933 $1,826,861 $1,185,972 $1,173,008 $4,584,092 $0 Non-residential Revenue (without increase in Base Year) Account Type 0.34% 0.35% 33.05% 15.36% 0.00% 0.00% Non-residential Can 62. Number of Accounts 11 11 5 1 4 2 63. Revenues $5,568 $5,568 $1,416 $280 $1,033 $2,840 Non-residential Wastewheeler 3.4%0.0% 64. Number of Accounts 503 503 139 136 98 131 65. Revenues $549,662 $549,662 149,429 195,948 84,569 119,716 Non-residential Dumpster 96% 17% 38% 3% 66. Number of Accounts 1,576 1576 402 229 321 625 0 67. Revenues $5,917,531 $5,917,531 $1,577,642 $1,333,364 $828,238 $2,178,286 68. Less: Allowance for Uncollectible Non-residential Accounts $0 $0 69.Total Non-residential Revenue $6,472,761 $6,472,761 $1,728,486 $1,529,592 $913,840 $2,300,842 $0 74.Interest on Investments $0 $0 $0 $0 $0 $0 $0 75.Other Income $17,984 $0 $0 $0 $0 $0 $17,984 76.Total Revenue Offsets $15,260,678 $15,242,694 $3,555,347 $2,715,564 $2,086,848 $6,884,935 $17,984 Fiscal Year: 1-1-2022 to 12-31-2022 Pg. 5 of 6 Section VII-Revenue Offsets Page 309 of 340 South County Sanitary Service 2022 Base Year Rate Adjustment Application Operating Information Percent Percent Percent Base Year Percent 2019 Change 2020 Change 2021 Change 2022 Change 2023 Residential Accounts 77. Arroyo Grande 5,827 1.1% 5,890 0.6% 5,924 1.0% 5,983 1.0% 6,043 Grover Beach 4,216 0.4% 4,233 0.4% 4,249 1.0% 4,291 1.0% 4,334 Pismo Beach 3,816 0.1% 3,819 0.2% 3,828 1.0% 3,866 1.0% 3,905 Oceano CSD 1,863 0.4% 1,870 1.6% 1,899 1.0% 1,918 1.0% 1,937 Nipomo CSD 4,066 0.8% 4,097 0.9% 4,135 1.0% 4,176 1.0% 4,218 County 6,881 2.2% 7,034 1.4% 7,130 1.0% 7,201 1.0% 7,273 26,669 1.0% 26,943 0.8% 27,165 1.0% 27,437 1.0% 27,711 78. Routes-Garbage 7 26.5% 9 -13.9% 8 0.0% 8 0.0% 8 79. Routes-Recycling 6 26.5% 8 -13.9% 7 0.0% 7 0.0% 7 80. Direct Labor Hours 28,522 26.5% 36,082 -13.9% 31,059 0.0% 31,059 0.0% 31,059 Non-residential Garbage Accounts 80. Arroyo Grande 490 0.2% 491 0.6% 494 1.0% 499 1.0% 504 Grover Beach 438 0.7% 441 0.5% 443 1.0% 447 1.0% 452 Pismo Beach 386 1.8% 393 -0.5% 391 1.0% 395 1.0% 399 Oceano CSD 190 0.5% 191 0.5% 192 1.0% 194 1.0% 196 Nipomo CSD 214 -2.3% 209 0.0% 209 1.0% 211 1.0% 213 County 508 -5.9% 478 2.5% 490 1.0% 495 1.0% 500 2,226 -1.0% 2,203 0.7% 2,219 1.0% 2,241 1.0% 2,264 81. Routes-garbage 8 26.5% 10 -13.9% 8 0.0% 8 0.0% 8 Routes-recycling 3 26.5% 4 -13.9% 4 0.0% 4 0.0% 4 82. Direct Labor Hours 22,871 26.5% 28,933 -13.9% 24,905 0.0% 24,905 0.0% 24,905 Recyclable Materials - All areas-Commingled Recycling (in tons) Accounts 83. Tons Collected 13,275 -4.0% 12,740 3.0% 13,123 3.0% 13,516 1.0% 13,651 Recyclable Materials - All areas-Greenwaste Recycling Routes 5 26.5% 7 -13.9% 6 0.0% 6 0.0% 6 Tons Collected 13,631 -0.9% 13,511 3.0% 13,916 3.0% 14,334 1.0% 14,477 Direct Labor Hours 10,934 26.5% 13,833 -13.9% 11,907 0.0% 11,907 0.0% 11,907 Garbage Tons Collected 43,020 -3.5% 41,507 3.0% 42,752 3.0% 44,034 1.0%44,475 Fiscal Year: 1-1-2022 to 12-31-2022 Pg. 6 of 6 Historical Current Projected Section IX-Operating Data Page 310 of 340 Rate Comparisons for Garbage Service Service Size Pismo Beach 1 South County Urban 1 Arroyo Grande 1 Atascadero Templeton San Miguel Paso Robles2 City of Santa Maria 3,4 Santa Barbara County (Northern)4 City of Santa Barbara 20 Gallon 35 Gallon 17.31$ 25.60$ 19.46$ 28.55$ 31.40$ 28.33$ 30.90$ 25.84$ 45.30$ 65 Gallon 34.63$ 34.04$ 25.29$ 44.50$ 45.01$ 44.48$ 51.12$ 30.69 27.89$ 56.15$ 95 Gallon 51.94$ 47.46$ 31.13$ 55.77$ 45.95$ 61.06$ 57.25$ 34.81 29.86$ 67.00$ 2 yard (1X WK)120.91$ 129.25$ 122.10$ 146.79$ 129.54$ 103.98$ 168.68$ 166.72 167.72$ 248.79$ Notes: 1 Scheduled increases in 1/1/2022 2 Paso Robles does 40 gallon cart pricing 3 65 gallon Scheduled to increase to $32.70 in 1/1/22 and $34.71 in 7/1/22, and 95 gallon Scheduled to increase to $38.07 in 1/1/22 and $41.34 in 7/1/22 4 Weekly Trash pick-up but every other week recycling and green waste pick-up. Page 311 of 340 HZI Cost Increase SummaryAppendix BOriginalCost Category Plan 2021 2022 Amount%Comment Staffing and Administrative Cost 1,090$ 1,592$ 1,706$ 616$ 57%Staff operation requirements increased from 3 to 6 team members due to feedstock profile, increased maintenance, equipment change out and operational demands. Additionally salary increases have been necessary to meet CA labor market demands. Administratively pollution insurance was added and audit and legal fees were increased to meet reporting requirements.O&M Expense495$ 1,747$ 1,439$ 944$ 191%Increased cost due to CHP maintenance increases related to gas cycling, dosing feeder erosion, screw feeder premature erosion, shredder blade erosion and damage due to contamination, digestate pump rebuild frequency due to sand, premature wear and replacement of the decanter, and continued vacuum truck clean out of the sand build-up. Added +250K/year for management of backend products and front end peak loading;Capital Expense1,487$ 1,945$ 1,946$ 459$ 31%Added Capital cost includes Feed Bunker Wall extension, Speed Screen, Fat, Oils, and Grease system, and redundant pumps related to decreased food waste and sand issues in the CA environmentTotal Cost 3,072$ 5,284$ 5,091$ 2,019$ - Total Service Fee1,749$ 1,779$ 3,861$ 2,082$ 119%Increase requested equates closely to cost increase seen since original plan of monthly service feesChange(1,323)$ (3,505)$ (1,230)$ 63$ VariancePage 312 of 340 Notice of Public Hearing Regarding Proposed Solid Waste Rate Increase Property Owners and Tenants - Customers: This notice is intended to inform you that the City of Arroyo Grande South County Sanitary Service (the within the City. The Proposed Rate Increase will be considered by the Council at the date, time, and location specified below. Consistent with the requirements of Proposition 218, this notice also provides you with the following information: The Date, Time, and Place of the Public Hearing; The Reason for the Proposed Rate Increase; and The Basis for the Proposed Rate Increase; and The Majority Protest Procedures. NOTICE OF PUBLIC HEARING The Public Hearing for the Proposed Rate Increase within the City limits will be held on: Date:June 14, 2022 Time:6:00 pm Place:Arroyo Grande City Council Chambers, 215 East Branch St. Arroyo Grande, CA At the Public Hearing, the City Council will consider all public comment in support of and in opposition to the Proposed Rate Increase and whether or not a Majority Protest exists pursuant to the California Constitution (as described below). If approved, the Proposed Rate Increase would become effective on June 15, 2022. Reason for the Proposed Rate Increase The Proposed Rate Increase is 22.19 percent for solid waste, recycling, and green waste/organics collection services. In addition, there will be a temporary 11.95 percent increase to recover revenue lost due to this rate increase being delayed from March 1, 2022 to June 15, 2022. This recovery component will expire January 1, 2023. The increase is necessary for the Garbage Company to continue to provide safe, environmentally sound, and reliable solid waste, recycling, green waste/organics collection, transportation and disposal/processing services to the citizens of the City. Several factors contributed to this rate increase including, but not limited to: increased costs associated with the purchase and operation of collection vehicles, fuel costs, labor costs, and increased costs associated with the organics digester facility. The organics digester facility is required by California Senate Bill 1383 (SB 1383), and previously approved California Assembly Bill 1826 (AB 1826). SB 1383 is a recent state law passed with the goal of reducing methane. Methane is a potent greenhouse gas, with more than 80 times the warming power of carbon dioxide, and is a major component of decomposing organic waste. In response to the harmful effects of methane gas, Cal Recycle (a branch of the California Environmental Protection Agency) adopted regulations implementing SB 1383 in the fall of 2020. Key components of SB 1383 include implementing organic waste collection programs (including food waste), monitoring organics carts for contamination, and reporting data. specified below. Consistent with the requirements of Proposition 218, this notice also provides you with thespecified below. Consistent with the requirements of Proposition 218, this notice also provides you with the The Date, Time, and Place of the Public HearingThe Date, Time, and Place of the Public Hearing ; The Reason for the Proposed Rate Increase;The Reason for the Proposed Rate Increase;and The Basis for the Proposed Rate IncreaseThe Basis for the Proposed Rate Increase ; and The Majority Protest Procedures.The Majority Protest Procedures. NOTICE OF PUBLIC HEARING The Public Hearing for the Proposed Rate Increase within the City limits will be held on: June 14, 2022 Time:6:00 pm e City Council Chambers, 215 East Branch St. Arroyo Grande, CA At the Public Hearing, the City Council will consider all public comment in support the Proposed Rate Increase and whether or not a Majority Protest exist Constitution (as described below).If approved, the Proposed Rate Increase would become effective on Reason for the Proposed Rate IncreaseReason for the Proposed Rate Increase Proposed Rate Increase is Proposed Rate Increase is 22.1922.19 percent for solid waste, recyclpercent for solid waste, recycl services. In addition, there will be a services. In addition, there will be a temporarytemporary increase being delayed increase being delayed from March 1, 2022 tofrom March 1, 2022 to s necessary for the Garbage Company to continue to provide safe, environmentally sound,s necessary for the Garbage Company to continue to provide safe, environmentally sound, recycling, green waste/organics collection, transportation and disposal/processingrecycling, green waste/organics collection, transportation and disposal/processing to the citizens of the City. Seto the citizens of the City. Se ATTACHMENT 2 Page 313 of 340 AB 1826 requires local jurisdictions to develop a program to divert organic waste from landfills to an authorized composting facility like an anaerobic digester. Basis of the Proposed Rate Increase The Proposed Rate Increase of 22.19 percent is based on the following cost increases incurred by the Garbage Company: 1. 5.88 percent of the Proposed Rate Increase is for capital investment costs of new collection vehicles, replacement containers and additional containers to meet the demands of SB 1383 compliance. 2. 6.20 percent of the Proposed Rate Increase is for increased capital equipment investments and escalating operating expenses related to the Anaerobic Digester. 3. 5.63 percent of the Proposed Rate Increase is for market wage adjustments to attract and retain safe, quality employees. 4. 1.88 percent of the Proposed Rate Increase is for increases the commingle processing fee 5. 2.60 percent of the Proposed Rate Increase is for increases in other operational expenses The additional temporary 11.95 percent recovery rate increase is for the delayed rate implementation that was no fault of the Garbage Company. The total rate increase implemented June 15, 2022 will be 34.14 percent. The temporary 11.95 percent recovery rate increase will expire January 1, 2023, net of any Consumer Price Index adjustment as discussed next. In addition, commencing on January 1, 2023 and January 1, 2024, rates shall be increased based on the following: 1. Price Index for Urban Consumers based on the All U.S. City Average, Bureau of Labor Statistics for the month of June 2022 for January 1, 2023 and June 2023 for January 1, 2024. The January 1, 2023 CPI rate adjustment will be applied after the 11.95 percent recovery rate increase is removed. At the March 9, 2022 San Luis Obispo County Integrated Waste Management Authority (IWMA) Board Meeting, a 5.4% solid waste management fee was adopted to account for operational and capital cost increases due largely to tasks associated with the implementation of SB 1383. These include the following tasks that will be delegated by the City to the IWMA: education and outreach monitoring, inspection, and record keeping programs; establishing, administering, and implementing the edible food recovery requirements; monitoring and education, including, but not limited to, monitoring compliance through route reviews and evaluations, determining the applicability of waivers, and issuing educational notices where necessary and/or appropriate; and required reporting to CalRecycle. The adopted fee will be effective on July 1, 2022. The City has authorized the Garbage Company to bill this additional fee on behalf of the IWMA. The IWMA is a Joint Powers Authority formed to plan and implement regional solid waste and hazardous waste programs mandated by State law. The Joint Powers Agreement between the City of Arroyo Grande and the IWMA can be made available by the City upon request or on the IWMA website at www.iwma.com. A copy of the 2022 Base Year Rate Adjustment Application, which provides additional information on the 300 East Branch St., Arroyo Grande, California. for increased capital equipment investments for increased capital equipment investments and escalating operating expenses related to the Anaerobic Digester. and escalating operating expenses related to the Anaerobic Digester. percent of the Proposed Rate Increase is for market wage adjustments to attract and percent of the Proposed Rate Increase is for market wage adjustments to attract and the Proposed Rate Increase is for increases the commingle processing feethe Proposed Rate Increase is for increases the commingle processing fee or increases in other operational expenses or increases in other operational expenses percent recovery rate increase is for the delaypercent recovery rate increase is for the delay ed rate implementatiate implementati that was no fault of the Garbage Company. The total rate increase implemented that was no fault of the Garbage Company. The total rate increase implemented June 15 percent recovery rate increase will expire January 1, 2023, net of percent recovery rate increase will expire January 1, 2023, net of ussed next. addition, commencing on January 1, 2023 and January 1, 202and January 1, 202 4, rates shall be increased based on the , rates shall be increased based on the Consumers bConsumers based on the Allased on the All U.S. City Average, Bureau of Labor Statistics for the month of June 2022 for January 1, 2023 and June 2023 for JaStatistics for the month of June 2022 for January 1, 2023 and June 2023 for Ja The January 1, 2023 CPI rate adjustment will be applied after the The January 1, 2023 CPI rate adjustment will be applied after the crease is removcrease is removed.ed. t the March 9, 2022 San Luis Obispo County Integrated Waste Management Authority (IWMA) Board t the March 9, 2022 San Luis Obispo County Integrated Waste Management Authority (IWMA) Board Meeting, a 5.4% solid waste management fee was adopted to account for operational and capital cost Meeting, a 5.4% solid waste management fee was adopted to account for operational and capital cost increases due largely to increases due largely to tasks associated tasks associated with with the implementati tasks that will be delegated by the City to the IWMA: education and outreach monitoring, inspection, and tasks that will be delegated by the City to the IWMA: education and outreach monitoring, inspection, and record keeping programs; establishing, administering, and implementing the edible food record keeping programs; establishing, administering, and implementing the edible food ; monitoring and education, including, but not limited to, monitoring compliance through route ; monitoring and education, including, but not limited to, monitoring compliance through route reviews and evaluations, determining the applicability of waivers, and issuing educational notices where reviews and evaluations, determining the applicability of waivers, and issuing educational notices where necessary and/or appropriate; and rnecessary and/or appropriate; and r 1, 2022. The City has authorized the Garbage Company to bill this 1, 2022. The City has authorized the Garbage Company to bill this Page 314 of 340 How Do I Protest the Proposed Rate Increase? Pursuant to Section 6 of Article XIII D of the California Constitution, the following persons may submit a written protest against the Proposed Rate Increase to the City Clerk before the close of the Public Hearing referenced above. An owner(s) of property (parcel(s)) receiving solid waste, recycling, and green waste services within the City limits. If the person(s) signing the protest, as an owner, is not shown on the last equalized assessment roll as the owner of the parcel(s) then the protest must contain or be accompanied by written evidence that such person signing the protest is the owner of the parcel(s) receiving services; or the corresponding parcel receiving solid waste, recycling, and green waste services within the City limits (tenant-customer). A valid written protest must contain a statement that you protest the Proposed Rate Increase, the address or r (APN) of the parcel or parcels which receive solid waste, recycling, and green waste services, and a signature by either the owner or the tenant-customer of the parcel or parcels. One written protest per parcel shall be counted in calculating a majority protest to the Proposed Rate Increase subject to the requirements of Section 6 of Article XIII D of the California Constitution. Written protests will not be accepted by e-mail or by facsimile. Verbal protests will not be counted in determining the existence of a majority protest. To be counted, a protest must be received in writing by the City Clerk before the close of the Public Hearing referenced above. Written protests regarding the solid waste rate increase may be mailed to: City of Arroyo Grande Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93420 Written protests may also be personally delivered to the City Clerk located at 300 East Branch Street, Arroyo Grande, California. If valid written protests are presented by a majority of owners and/or tenants-customers of parcels receiving solid waste, recycling, and green waste services within the City limits, then the City will not adjust/increase the rates for the services. green waste services within the green waste services within the A valid written protest must contain a statement that you protest the Proposed Rate Increase, the address or A valid written protest must contain a statement that you protest the Proposed Rate Increase, the address or r (APN) of the parcel or parcels which recr (APN) of the parcel or parcels which rec eive solid waseive solid waste, recycling, and green waste recycling, and green waste ure by either the owner or the tenanture by either the owner or the tenant --customer of the parcel or parcels. One written customer of the parcel or parcels. One written protest per parcel shall be counted in calculating a majority protest per parcel shall be counted in calculating a majority protest to the Proposed Rate Increase subjprotest to the Proposed Rate Increase subj ments of Section 6 of Article XIII D of the Calif ornia Constitution. Written protests will not be ornia Constitution. Written protests will not be mail or by facsimile. Verbal protests will not be counted in determining the existenmail or by facsimile. Verbal protests will not be counted in determining the existen protest must be rbe received in writing by the City Clerk before the ceceived in writing by the City Clerk before the c Written protests regarding the solid waste rate increase may be mailed to:Written protests regarding the solid waste rate increase may be mailed to: City of Arroyo GrandeCity of Arroyo Grande Attn: City Clerktn: City Clerk 300 East Branch Street300 East Branch Street ArroArroyo Grande,yo Grande, Written protests may also be personally delWritten protests may also be personally delivered to the City Clerk California. California. If valid written protests are presented by a majority of owneIf valid written protests are presented by a majority of owne , recycling, and green waste, recycling, and green waste rates for the services. rates for the services. Page 315 of 340 SOUTH COUNTY SANITARY SERVICE RATE INCREASE EFFECTIVE JUNE 15, 2022 CITY OF ARROYO GRANDE Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2021 Proposed Rate Adjustment Proposed Monthly Rate Effective 6/15/2022 RESIDENTIAL: 32 Gallon Waste Wheeler 1 $19.46 $6.64 $26.10 64 Gallon Waste Wheeler 1 $25.29 $8.63 $33.92 96 Gallon Waste Wheeler 1 $31.13 $10.63 $41.76 TWO-64 Gallon Waste Wheelers 1 $36.98 $12.63 $49.61 ONE 64 & ONE 96 Gallon 1 $42.84 $14.63 $57.47 TWO-96 Gallon Waste Wheelers 1 $48.67 $16.62 $65.29 Residential customers must use the waste wheelers provided by the garbage company. This solid service fee for residential trash collections (container with black or gray lid) includes once a week pick-up of one greenwaste/organics container (green lid), and one recycling container (blue lid). MISCELLANEOUS CHARGES - ALL CUSTOMERS: Overstacked Garbage & extra bags Minimum/unit each $5.51 $1.88 $7.39 Overstacked Greenwaste & extra bags Minimum/unit each $2.77 $0.95 $3.72 Overstacked Blue Bin & extra bags Minimum/unit each $1.55 $0.53 $2.07 In yard service (per can or commodity) IN ADDITION TO STANDARD GARBAGE RATES per month $13.76 $4.70 $18.45 Monthly charge for additional 96- gallon green waste service per month $3.80 $1.30 $5.10 Extended Vacation Service per month $15.78 $5.39 $21.17 Vacant Rate per month $15.78 $5.39 $21.17 Waste wheeler cleaning each time $20.52 $7.01 $27.53 Trip charge each time $33.07 $11.29 $44.36 Non-payment downsize service each time $33.07 $11.29 $44.36 Non-payment redeliver waste wheeler each time $33.07 $11.29 $44.36 Non-payment reconnect service each time $33.07 $11.29 $44.36 Small item pickup (TV, toilet) each $32.27 $11.02 $43.29 Appliance pickup-residential each $45.51 $15.54 $61.05 Garbage extras on your scheduled pickup day per yard $11.62 $3.97 $15.59 Garbage extras -NOT ON YOUR SCHEDULED PICKUP DAY per yard $31.25 $10.67 $41.92 Re-deliver bin on stopped acct each time $39.44 $13.47 $52.91 $8$8.63 $10.63$10.63 $12.63$12.63 $42.84 $42.84 $14.63$14.63 $4$48.67 8.67 $16.62$16.62 ust use the waste wheelers provided by the garbage company. This solid service ust use the waste wheelers provided by the garbage company. This solid service fee for residential trash collections (container with black or gray lid) includes once a week pickfee for residential trash collections (container with black or gray lid) includes once a week pick d one recycling containd one recycling container (blue lid).er (blue lid). each $5.51 $5.51 each each $2.77 Overstacked Blue Bin & extra bags Overstacked Blue Bin & extra bags each each In yard service (per can or In yard service (per can or commodity) IN ADDITION TO commodity) IN ADDITION TO STANDARD GARBAGE RATESSTANDARD GARBAGE RATES per month charge for additional 96charge for additional 96- gallon green waste sergallon green waste servicevice per monthper month Extended Vacation SeExtended Vacation Service per monthper month Vacant RateVacant Rate Waste wheeler cleaningWaste wheeler cleaning downsize servicedownsize service Page 316 of 340 Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2021 Proposed Rate Adjustment Proposed Monthly Rate Effective 6/15/2022 Stand by time per hour $66.60 $22.74 $89.34 Tax Lien Cert. Mail Fee $4.05 $1.38 $5.43 City Clean Up $11.28 $3.85 $15.13 Extra bin cleaning $61.55 $21.02 $82.57 Damage/Destruction of bins or waste wheelers by quote only Larger than residential appliance or glass, glass doors, or plate glass by quote only Short Term Dumpsters: Delivery & Pickup-Bin $39.46 $13.47 $52.93 Delivery & Pickup-Waste Wheeler $13.76 $4.70 $18.46 Rental Per Day $2.92 $1.00 $3.92 Empties Per Yard $31.25 $10.67 $41.92 Mattress: Twin Each $17.91 $6.12 $24.03 Double Each $17.91 $6.12 $24.03 Queen Each $17.91 $6.12 $24.03 King Each $17.91 $6.12 $24.03 ADDITIONAL INFORMATION ALL CUSTOMERS: 1. Customers requesting Temporary Bins or Roll-off Box Service can call the office for current rates 2. Polystyrene (Styrofoam, Plastic #6) is not collected for recycling and should be thrown away as trash. Please bag Styrofoam packing peanuts before placing in trash container. 3. It is encouraged to bag your trash in the garbage container but do not bag your recyclables or green waste in their respective containers and keep it loose. 4. Recycling, Greenwaste/Organics and Garbage containers should spaced 3 feet apart away from any obstacles (i.e mailboxes, cars, etc) before 6:00am on collection service day. 5. The fee schedule above only includes the Garbage Company rates and does not include IWMA fees, which are separately noted on the billings. 6. Late Fees are imposed for residential customers over 30 days delinquent. The fee is 1.5% per month of the outstanding charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy is stated at the bottom of every bill. 7. Customers can be responsible for contamination fees Any additional recycling, including greenwaste/organic services are charged out at 50% of the garbage rate. $39.46 $39.46 $13.47$13.47 $13.76 $13.76 $4.70$4.70 $2.92 $1.00 $31.25 $31.25 $10.67 $17.91 $17.91 Each $17.91 Each $17.91 $17.91 EachEach $17.91 $17.91 INFORMATION ALL CUSTOMERS: Customers requesting Temporary Bins or RollCustomers requesting Temporary Bins or Roll-off Box Service can call off Box Service can call rofoam, Plastic #6) is not rofoam, Plastic #6) is not collected for recycling and should be thrown away as trash. Please collected for recycling and should be thrown away as trash. Please bag Styrofoam packing peanuts before placing in trash container. bag Styrofoam packing peanuts before placing in trash container. It is encouraged to bag yo ur trash in the garbage container but do not bag your reur trash in the garbage container but do not bag your re their respective containers and keep it loose. their respective containers and keep it loose. Recycling, Greenwaste/Organics and Garbage containers should spaced 3 feet apart away from any obstacles Recycling, Greenwaste/Organics and Garbage containers should spaced 3 feet apart away from any obstacles lboxes, cars, etc) before 6:00am on collection service dlboxes, cars, etc) before 6:00am on collection service d The fee schedule above only includes the Garbage Company rates and does not include IWMA fees, which are The fee schedule above only includes the Garbage Company rates and does not include IWMA fees, which are separately noted on the billings.separately noted on the billings. Late Fees are imposed for residentLate Fees are imposed for resident outstanding charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy is stated at the outstanding charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy is stated at the Customers can be responsible for Customers can be responsible for Page 317 of 340 Notice of Public Hearing Regarding Proposed Solid Waste Rate Increase Property Owners and Tenants - Customers: This notice is intended to inform you that the City of Arroyo Grande (the South County Sanitary Service (the within the City. The Proposed Rate Increase will be considered by the Council at the date, time, and location specified below. Consistent with the requirements of Proposition 218, this notice also provides you with the following information: The Date, Time, and Place of the Public Hearing; The Reason for the Proposed Rate Increase; and The Basis for the Proposed Rate Increase; and The Majority Protest Procedures. NOTICE OF PUBLIC HEARING The Public Hearing for the Proposed Rate Increase within the City limits will be held on: Date:June 14, 2022 Time:6:00 pm Place:Arroyo Grande City Council Chambers, 215 East Branch St. Arroyo Grande, CA At the Public Hearing, the City Council will consider all public comment in support of and in opposition to the Proposed Rate Increase and whether or not a Majority Protest exists pursuant to the California Constitution (as described below). If approved, the Proposed Rate Increase would become effective on June 15, 2022. Reason for the Proposed Rate Increase The Proposed Rate Increase is 22.19 percent for solid waste, recycling, and green waste/organics collection services. In addition, there will be a temporary 11.95 percent increase to recover revenue lost due to this rate increase being delayed from March 1, 2022 to June 15, 2022. This recovery component will expire January 1, 2023. The increase is necessary for the Garbage Company to continue to provide safe, environmentally sound, and reliable solid waste, recycling, green waste/organics collection, transportation and disposal/processing services to the citizens of the City. Several factors contributed to this rate increase including, but not limited to: increased costs associated with the purchase and operation of collection vehicles, fuel costs, labor costs, and increased costs associated with the organics digester facility. The organics digester facility is required by California Senate Bill 1383 (SB 1383), and previously approved California Assembly Bill 1826 (AB 1826). SB 1383 is a recent state law passed with the goal of reducing methane. Methane is a potent greenhouse gas, with more than 80 times the warming power of carbon dioxide, and is a major component of decomposing organic waste. In response to the harmful effects of methane gas, Cal Recycle (a branch of the California Environmental Protection Agency) adopted regulations implementing SB 1383 in the fall of 2020. Key components of SB 1383 include implementing organic waste collection programs (including food waste), monitoring organics carts for contamination, and reporting data. specified below. Consistent with the requirements of Proposition 218, this notice also provides you with the specified below. Consistent with the requirements of Proposition 218, this notice also provides you with the The Date, Time, and Place of the Public HearingThe Date, Time, and Place of the Public Hearing; The Reason for the Proposed Rate Increase;The Reason for the Proposed Rate Increase;and The Basis for the Proposed Rate IncreaseThe Basis for the Proposed Rate Increase ; and The Majority Protest Procedures.The Majority Protest Procedures. NOTICE OF PUBLIC HEARING The Public Hearing for the Proposed Rate Increase within the City limits will be held on: 14, 2022 Time:6:00 pm de City Council Chambers,215 East Branch St. Arroyo Grande, CA At the Public Hearing, the City Council will consider all public comment in support the Proposed Rate Increase and whether or not a Majority Protest exists pursuant to Constitution (as described below).If approved, the Proposed Rate Increase would become effective on Reason for the Proposed Rate IncreaseReason for the Proposed Rate Increase Proposed Rate Increase is Proposed Rate Increase is 22.1922.19 percent for solid waste, recycling, and green wpercent for solid waste, recycling, and green w services. In addition, there will be aservices. In addition, there will be a tempotempo increase being delayed increase being delayed from March 1, 2022 to from March 1, 2022 to is necessary for the Garbage Company to continue to provide safe, environmentally sound, is necessary for the Garbage Company to continue to provide safe, environmentally sound, recycling, green waste/organics collection, transportation and disposal/processing recycling, green waste/organics collection, transportation and disposal/processing services to the citizens of the City. Several factors cservices to the citizens of the City. Several factors c Page 318 of 340 AB 1826 requires local jurisdictions to develop a program to divert organic waste from landfills to an authorized composting facility like an anaerobic digester. Basis of the Proposed Rate Increase The Proposed Rate Increase of 22.19 percent is based on the following cost increases incurred by the Garbage Company: 1. 5.88 percent of the Proposed Rate Increase is for capital investment costs of new collection vehicles, replacement containers and additional containers to meet the demands of SB 1383 compliance. 2. 6.20 percent of the Proposed Rate Increase is for increased capital equipment investments and escalating operating expenses related to the Anaerobic Digester. 3. 5.63 percent of the Proposed Rate Increase is for market wage adjustments to attract and retain safe, quality employees. 4. 1.88 percent of the Proposed Rate Increase is for increases the commingle processing fee 5. 2.60 percent of the Proposed Rate Increase is for increases in other operational expenses The additional temporary 11.95 percent recovery rate increase is for the delayed rate implementation that was no fault of the Garbage Company. The total rate increase implemented June 15, 2022 will be 34.14 percent. The temporary 11.95 percent recovery rate increase will expire January 1, 2023, net of any Consumer Price Index adjustment as discussed next. In addition, commencing on January 1, 2023 and January 1, 2024, rates shall be increased based on the following: 1. Price Index for Urban Consumers based on the All U.S. City Average, Bureau of Labor Statistics for the month of June 2022 for January 1, 2023 and June 2023 for January 1, 2024. The January 1, 2023 CPI rate adjustment will be applied after the 11.95 percent recovery rate increase is removed. At the March 9, 2022 San Luis Obispo County Integrated Waste Management Authority (IWMA) Board Meeting, a 5.4% solid waste management fee was adopted to account for operational and capital cost increases due largely to tasks associated with the implementation of SB 1383. These include the following tasks that will be delegated by the City to the IWMA: education and outreach monitoring, inspection, and record keeping programs; establishing, administering, and implementing the edible food recovery requirements; monitoring and education, including, but not limited to, monitoring compliance through route reviews and evaluations, determining the applicability of waivers, and issuing educational notices where necessary and/or appropriate; and required reporting to CalRecycle. The adopted fee will be effective on July 1, 2022. The City has authorized the Garbage Company to bill this additional fee on behalf of the IWMA. The IWMA is a Joint Powers Authority formed to plan and implement regional solid waste and hazardous waste programs mandated by State law. The Joint Powers Agreement between the City of Arroyo Grande and the IWMA can be made available by the City upon request or on the IWMA website at www.iwma.com. A copy of the 2022 Base Year Rate Adjustment Application, which provides additional information on the 300 East Branch St., Arroyo Grande, California. s for increased capital equipment investments s for increased capital equipment investments and escalating operating expenses related to the Anaerobic Digester. and escalating operating expenses related to the Anaerobic Digester. 5.63 percent of the Proposed Rate Increase is for market wage adjustments to attract and 5.63 percent of the Proposed Rate Increase is for market wage adjustments to attract and f the Proposed Rate Increase is for increases the commingle processing feef the Proposed Rate Increase is for increases the commingle processing fee percent of the Proposed Rate Increase is for increases in other operational expenses percent of the Proposed Rate Increase is for increases in other operational expenses percent recovery rate increase is for the delayed rate implementatpercent recovery rate increase is for the delayed rate implementat that was no fault of the Garbage Company. The total rate increase implemented that was no fault of the Garbage Company. The total rate increase implemented June 15 percent recovery rate increase will expire January 1, 2023, net of percent recovery rate increase will expire January 1, 2023, net of any Consumer Price Index adjustment as discussed next. any Consumer Price Index adjustment as discussed next. n addition, commencing on January 1, 2023 and January 1, 202and January 1, 202 4, rates shall be increased based on the , rates shall be increased based on the Consumers based on the AlConsumers based on the All U Statistics for the month of June 2022 for January 1, 2023 and June 2023 for January 1, 2024. Statistics for the month of June 2022 for January 1, 2023 and June 2023 for January 1, 2024. The January 1, 2023 CPI rate adjustment will be applied after the The January 1, 2023 CPI rate adjustment will be applied after the rate increase is removed.rate increase is removed. At the March 9, 2022 San Luis Obispo County Integrated Waste Management Authority (IWMA) Board At the March 9, 2022 San Luis Obispo County Integrated Waste Management Authority (IWMA) Board Meeting, a 5.4% solid waste management fee was adopted to account Meeting, a 5.4% solid waste management fee was adopted to account increases due largely to increases due largely to tasks associated with tasks associated with the implementation of SB 1383. tasks that will be delegated by the City to the IWMA: education and outreach monitoring, inspection, and tasks that will be delegated by the City to the IWMA: education and outreach monitoring, inspection, and ng programs; establishing, administering, and implementing the edible food recovery ng programs; establishing, administering, and implementing the edible food recovery requirements; monitoring and education, including, but not limited to, monitoring compliance through route requirements; monitoring and education, including, but not limited to, monitoring compliance through route reviews and evaluations, determining the applicability of waiversreviews and evaluations, determining the applicability of waivers necessary and/or appropriate; and required reporting to CalRecycle. necessary and/or appropriate; and required reporting to CalRecycle. 1, 2022. The City has authorized the Garbage Company to bill this 1, 2022. The City has authorized the Garbage Company to bill this Page 319 of 340 How Do I Protest the Proposed Rate Increase? Pursuant to Section 6 of Article XIII D of the California Constitution, the following persons may submit a written protest against the Proposed Rate Increase to the City Clerk before the close of the Public Hearing referenced above. An owner(s) of property (parcel(s)) receiving solid waste, recycling, and green waste services within the City limits. If the person(s) signing the protest, as an owner, is not shown on the last equalized assessment roll as the owner of the parcel(s) then the protest must contain or be accompanied by written evidence that such person signing the protest is the owner of the parcel(s) receiving services; or the corresponding parcel receiving solid waste, recycling, and green waste services within the City limits (tenant-customer). A valid written protest must contain a statement that you protest the Proposed Rate Increase, the address or ste, recycling, and green waste services, and a signature by either the owner or the tenant-customer of the parcel or parcels. One written protest per parcel shall be counted in calculating a majority protest to the Proposed Rate Increase subject to the requirements of Section 6 of Article XIII D of the California Constitution. Written protests will not be accepted by e-mail or by facsimile. Verbal protests will not be counted in determining the existence of a majority protest. To be counted, a protest must be received in writing by the City Clerk before the close of the Public Hearing referenced above. Written protests regarding the solid waste rate increase may be mailed to: City of Arroyo Grande Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93420 Written protests may also be personally delivered to the City Clerk located at 300 East Branch Street, Arroyo Grande, California. If valid written protests are presented by a majority of owners and/or tenants-customers of parcels receiving solid waste, recycling, and green waste services within the City limits, then the City will not adjust/increase the rates for the services. green waste services within the green waste services within the A valid written protest must contain a statement that you protest the Proposed Rate Increase, the address or A valid written protest must contain a statement that you protest the Proposed Rate Increase, the address or ste,recycling, and green waste recycling, and green waste services, and a signature by either the owner or the tenantservices, and a signature by either the owner or the tenant --customer of the parcel or parcels. One written customer of the parcel or parcels. One written protest per parcel shall be counted in calculating a majority protest to the Proposed Rate Increase subject to protest per parcel shall be counted in calculating a majority protest to the Proposed Rate Increase subject to ements of Section 6 of Article XIII D of the California Constitution. Written protests will not be ements of Section 6 of Article XIII D of the California Constitution. Written protests will not be mail or by facsimile. Verbal protests will not be counted in determining the existence of a mail or by facsimile. Verbal protests will not be counted in determining the existence of a majority protest. To be counted, a protest must bebe received in writing by the City Clerk before the close of the received in writing by the City Clerk before the close of the Written protests regarding the solid waste rate increase may be mailed to:Written protests regarding the solid waste rate increase may be mailed to: City of Arroyo GrandeCity of Arroyo Grande Attn: City ClerkAttn: City Clerk 300 East Branch Street300 East Branch Street Arroyo Grande,Arroyo Grande, Written protests may also be personally delivered to the City Clerk Written protests may also be personally delivered to the City Clerk California. California. If valid written protests are presented by a majority of owners and/or tenantsIf valid written protests are presented by a majority of owners and/or tenants , recycling, and green waste, recycling, and green waste rates for the services. rates for the services. Page 320 of 340 SOUTH COUNTY SANITARY SERVICE RATE INCREASE EFFECTIVE JUNE 15, 2022 CITY OF ARROYO GRANDE Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2021 Proposed Rate Adjustment Proposed Monthly Rate Effective 6/15/2022 APARTMENTS, TRIPLEX, DUPLEX Rates are the same as commercial rates (below). COMMERCIAL DUMPSTERS - ALL AREAS: 1 yd dumpster 1 $96.13 $32.82 $128.95 1 yd dumpster 2 $140.24 $47.88 $188.12 1 yd dumpster 3 $184.40 $62.96 $247.36 1 yd dumpster 4 $236.32 $80.69 $317.01 1 yd dumpster 5 $277.84 $94.87 $372.71 1 yd dumpster 6 $329.80 $112.61 $442.41 1 yd dumpster 7 $400.86 $136.87 $537.73 1.5 yd dumpster 1 $109.10 $37.25 $146.35 1.5 yd dumpster 2 $168.81 $57.64 $226.45 1.5 yd dumpster 3 $238.96 $81.59 $320.55 1.5 yd dumpster 4 $311.63 $106.40 $418.03 1.5 yd dumpster 5 $379.18 $129.47 $508.65 1.5 yd dumpster 6 $428.52 $146.32 $574.84 1.5 yd dumpster 7 $501.77 $171.33 $673.10 2 yd dumpster 1 $122.10 $41.69 $163.79 2 yd dumpster 2 $205.17 $70.05 $275.22 2 yd dumpster 3 $290.89 $99.32 $390.21 2 yd dumpster 4 $384.34 $131.23 $515.57 2 yd dumpster 5 $475.25 $162.27 $637.52 2 yd dumpster 6 $532.40 $181.79 $714.19 2 yd dumpster 7 $619.02 $211.36 $830.38 3 yd dumpster 1 $145.41 $49.65 $195.06 3 yd dumpster 2 $275.28 $93.99 $369.27 3 yd dumpster 3 $384.34 $131.23 $515.57 3 yd dumpster 4 $501.19 $171.13 $672.32 3 yd dumpster 5 $594.70 $203.06 $797.76 3 yd dumpster 6 $708.98 $242.08 $951.06 3 yd dumpster 7 $905.52 $309.19 $1,214.71 $32.82$32.82 $47.88$47.88 $62.96$62.96 $247.36 $80.69$80.69 $317.01 $277.84 $277.84 $94.87 $372.71 $329.80 $329.80 $112.61 $400.86 $400.86 $136.87 $109.10 $109.10 $37.25 $168.81 $168.81 3 $238.96 $238.96 4 $311.63 $311.63 55 $379.18 66 $428.52 77 $501.77 $501.77 2 yd dumpster2 yd dumpster 1 2 yd dumpster2 yd dumpster 2 2 yd dumpster2 yd dumpster 33 2 y2 yd dumpsterd dumpster 4 2 yd dumpster2 yd dumpster 2 yd dumpster2 yd dumpster 2 yd dumpster2 yd dumpster Page 321 of 340 Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2021 Proposed Rate Adjustment Proposed Monthly Rate Effective 6/15/2022 4 yd dumpster 1 $181.81 $62.08 $243.89 4 yd dumpster 2 $322.02 $109.95 $431.97 4 yd dumpster 3 $462.25 $157.83 $620.08 4 yd dumpster 4 $594.70 $203.06 $797.76 4 yd dumpster 5 $734.95 $250.95 $985.90 4 yd dumpster 6 $872.60 $297.95 $1,170.55 4 yd dumpster 7 $1,111.28 $379.44 $1,490.72 6 yd dumpster 1 $272.72 $93.12 $365.84 6 yd dumpster 2 $483.05 $164.94 $647.99 6 yd dumpster 3 $693.36 $236.75 $930.11 6 yd dumpster 4 $892.08 $304.60 $1,196.68 6 yd dumpster 5 $1,102.41 $376.41 $1,478.82 6 yd dumpster 6 $1,308.92 $446.93 $1,755.85 6 yd dumpster 7 $1,666.92 $569.16 $2,236.08 8 yd dumpster 1 $363.61 $124.15 $487.76 8 yd dumpster 2 $644.05 $219.91 $863.96 8 yd dumpster 3 $924.49 $315.66 $1,240.15 8 yd dumpster 4 $1,189.43 $406.13 $1,595.56 8 yd dumpster 5 $1,469.91 $501.90 $1,971.81 8 yd dumpster 6 $1,745.22 $595.90 $2,341.12 8 yd dumpster 7 $2,222.57 $758.89 $2,981.46 The rates shown above include the monthly container rental fee and a semi-annual dumpster cleaning. COMMERCIAL GARBAGE CANS - ALL AREAS: 32 Gallon Waste Wheeler 1 $23.37 $7.98 $31.35 32 Gallon Waste Wheeler 2 $49.34 $16.85 $66.19 32 Gallon Waste Wheeler 3 $57.15 $19.51 $76.66 32 Gallon Waste Wheeler 4 $72.69 $24.82 $97.51 64 Gallon Waste Wheeler 1 $49.34 $16.85 $66.19 64 Gallon Waste Wheeler 2 $65.57 $22.39 $87.96 64 Gallon Waste Wheeler 7 $195.92 $66.90 $262.82 96 Gallon Waste Wheeler 1 $57.15 $19.51 $76.66 96 Gallon Waste Wheeler 2 $96.13 $32.82 $128.95 96 Gallon Waste Wheeler 3 $121.02 $41.32 $162.34 96 Gallon Waste Wheeler 4 $146.21 $49.92 $196.13 96 Gallon Waste Wheeler 5 $164.63 $56.21 $220.84 96 Gallon Waste Wheeler 7 $224.61 $76.69 $301.30 64 Gallon Waste Wheeler64 Gallon Waste Wheeler 64 Gallon Waste Wheeler64 Gallon Waste Wheeler $379.44$379.44 $93.12$93.12 $164$164.94.94 $647.99 $693.36 $693.36 $236.75$236.75 $930.11 $892.08 $892.08 $304.60 $1,196.68 $1,196.68 $1,102.41 $1,102.41 $376.41 $1,308.92 $1,308.92 $446.93 $1,666.92 $1,666.92 $569.16 $363.61 $363.61 2 $644.05 $644.05 3 $924.49 $924.49 44 $1,189.43 $1,189.43 55 $1,469.91 $1,469.91 66 $1,745.22 $1,745.22 8 yd dumpster 77 The rates shown above include the The rates shown above include the monthly container rental fee and a semimonthly container rental fee and a semi COMMERCIAL GARBAGE CANS -ALL AREAS: 32 Gallon Waste Wheeler32 Gallon Waste Wheeler 11 32 Ga32 Gallon Waste Wheelerllon Waste Wheeler Gallon Waste WheelerGallon Waste Wheeler 32 Gallon Waste Wheeler32 Gallon Waste Wheeler Page 322 of 340 Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2021 Proposed Rate Adjustment Proposed Monthly Rate Effective 6/15/2022 COMMERCIAL - OTHER CHARGES: Rates for all commercial customers include recycling or greenwaste/organics pickup once per week, included with the garbage service rate. Customers can choose from a 64 or 96 gallon blue commingled recycle waste wheeler or a 32 or 64 gallon organics waste wheeler included with the garbage service rate (96 gallon waste wheelers can only be used with green waste due to weight). If you need a bin for recycling there is a charge (see below). If you need more frequent recycling, including organics/greenwaste service, it can be provided at a 50% discount from the garbage service rates for the specified level of service required. MISCELLANEOUS CHARGES - ALL CUSTOMERS: Overstacked Garbage & extra bags Minimum/unit each $5.51 $1.88 $7.39 Overstacked Greenwaste & extra bags Minimum/unit each $2.77 $0.95 $3.72 Overstacked Blue Bin & extra bags Minimum/unit each $2.91 $0.99 $3.90 Xtra Recycle 32, 64, or 96 waste wheelers per month $1.55 $0.53 $2.08 In yard service (per can or commodity) IN ADDITION TO STANDARD GARBAGE RATES per month $13.76 $4.70 $18.46 Monthly charge for additional 96-gallon green waste service per month $3.80 $1.30 $5.10 Extended Vacation Service per month $12.82 $4.38 $17.20 Vacant Rate per month $15.79 $5.39 $21.18 Waste wheeler cleaning each time $20.52 $7.01 $27.53 Trip charge each time $13.76 $4.70 $18.46 Non-payment downsize service each time $13.76 $4.70 $18.46 Non-payment redeliver waste wheeler each time $13.76 $4.70 $18.46 Non-payment reconnect service each time $33.07 $11.29 $44.36 Small item pickup (TV, toilet) each $32.27 $11.02 $43.29 Appliance pickup-residential each $45.51 $15.54 $61.05 Lock Charge $7.66 $2.62 $10.28 Garbage extras on your scheduled pickup day per yard $11.62 $3.97 $15.59 Garbage extras -NOT ON YOUR SCHEDULED PICKUP DAY per yard $31.25 $10.67 $41.92 Commercial Waste Wheeler rent per month $4.26 $1.45 $5.71 Small item pickup (TV, toilet)Small item pickup (TV, toilet) at a 50% discount from the garbage service rates for the specified level of service required.at a 50% discount from the garbage service rates for the specified level of service required. $1.88$1.88 $2.77 $2.77 $0.95$0.95 $3.72 $2.91 $2.91 $0.99 $1.55$1.55 $0.53 per month $13.76 $13.76 gallon green waste servicegallon green waste service per monthper month $3.80 Vacation ServiceVacation Service per monthper month $12.82 per monthper month Waste wheeler cleaning each timeeach time each timeeach time payment downsize payment downsize each timeeach time payment redelpayment redeliver waste iver waste each time payment reconnect payment reconnect Page 323 of 340 Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2021 Proposed Rate Adjustment Proposed Monthly Rate Effective 6/15/2022 Re-deliver bin on stopped acct each time $39.44 $13.47 $52.91 Large Compactor (> 4 yards) per yard $16.90 $5.77 $22.67 Small Compactors (4 yards & below) assume 3 to 1 compaction 3 times the garbage rate Sunday Service (in additional to garbage service level) per month $68.87 $23.52 $92.39 Recycle bin rental per month $7.66 $2.62 $10.28 Stand by time per hour $66.28 $22.63 $88.91 Extra bin cleaning $61.55 $21.02 $82.57 Larger than residential appliance by quote only Damage/Destruction of bins or waste wheelers by quote only Short Term Dumpsters: Delivery & Pickup-Bin $39.46 $13.47 $52.93 Delivery & Pickup-Waste Wheeler $13.76 $4.70 $18.46 Rental Per Day $2.92 $1.00 $3.92 Empties Per Yard $31.25 $10.67 $41.92 Mattress: Twin Each $17.91 $6.12 $24.03 Double Each $17.91 $6.12 $24.03 Queen Each $17.91 $6.12 $24.03 King Each $17.91 $6.12 $24.03 ADDITIONAL INFORMATION ALL CUSTOMERS: 1. Customers requesting Temporary Bins or Roll-off Box Service can call the office for current rates 2. Polystyrene (Styrofoam, Plastic #6) is not collected for recycling and should be thrown away as trash. Please bag Styrofoam packing peanuts before placing in trash container. 3. It is encouraged to bag your trash in the garbage container but do not bag your recyclables or green waste in their respective containers and keep it loose. 4. Recycling, Greenwaste/Organics and Garbage containers should spaced 3 feet apart away from any obstacles (i.e mailboxes, cars, etc) before 6:00am on collection service day. 5. The fee schedule above only includes the Garbage Company rates and does not include IWMA fees, which are separately noted on the billings. 6. Late Fees are imposed for residential customers over 30 days delinquent. The fee is 1.5% per month of the outstanding charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy is stated at the bottom of every bill. 7. Customers can be responsible for contamination fees Any additional recycling, including greenwaste/organic services are charged out at 50% of the garbage rate. $23.52$23.52 $2.62$2.62 $22.63$22.63 $21.02$21.02 $82.57 by quote onlyby quote only by quote onlyby quote only $39.46 $39.46 $13.47 $13.76 $13.76 Per Day $2.92 $2.92 Per YardPer Yard $31.25 $31.25 EachEach $17.91 EachEach EachEach Each ADDITIONAL INFORMATION ALL CUSTOMERS: Customers requesting Temporary Bins or RollCustomers requesting Temporary Bins or Roll Polystyrene (Styrofoam, Plastic #6) is not collected for recycling and should be thrown away as trash. Polystyrene (Styrofoam, Plastic #6) is not collected for recycling and should be thrown away as trash. Please bag Styrofoam packing peanuts Please bag Styrofoam packing peanuts before placing in trash container. It is encouraged to bag your trash in the garbage contaIt is encouraged to bag your trash in the garbage conta in their respective containers and keep it loose. in their respective containers and keep it loose. Recycling, Greenwaste/Organics and Garbage containers should spaced 3 feet apart away from any Recycling, Greenwaste/Organics and Garbage containers should spaced 3 feet apart away from any obstacles (i.e mailboxes, cars, etc) before 6:obstacles (i.e mailboxes, cars, etc) before 6: Page 324 of 340 Notice of Public Hearing Regarding Proposed Solid Waste Rate Increase Property Owners and Tenants - Customers: This notice is intended to inform you that the City of Arroyo Grande South County Sanitary Service (the within the City. The Proposed Rate Increase will be considered by the Council at the date, time, and location specified below. Consistent with the requirements of Proposition 218, this notice also provides you with the following information: The Date, Time, and Place of the Public Hearing; The Reason for the Proposed Rate Increase; and The Basis for the Proposed Rate Increase; and The Majority Protest Procedures. NOTICE OF PUBLIC HEARING The Public Hearing for the Proposed Rate Increase within the City limits will be held on: Date:June 14, 2022 Time:6:00 pm Place:Arroyo Grande City Council Chambers, 215 East Branch St. Arroyo Grande, CA At the Public Hearing, the City Council will consider all public comment in support of and in opposition to the Proposed Rate Increase and whether or not a Majority Protest exists pursuant to the California Constitution (as described below). If approved, the Proposed Rate Increase would become effective on June 15, 2022. Reason for the Proposed Rate Increase The Proposed Rate Increase is 22.19 percent for solid waste, recycling, and green waste/organics collection services. In addition, there will be a temporary 5.12 percent increase to recover revenue lost due to this rate increase being delayed from May 1, 2022 to June 15, 2022. This recovery component will expire January 1, 2023. The increase is necessary for the Garbage Company to continue to provide safe, environmentally sound, and reliable solid waste, recycling, green waste/organics collection, transportation and disposal/processing services to the citizens of the City. Several factors contributed to this rate increase including, but not limited to: increased costs associated with the purchase and operation of collection vehicles, fuel costs, labor costs, and increased costs associated with the organics digester facility. The organics digester facility is required by California Senate Bill 1383 (SB 1383), and previously approved California Assembly Bill 1826 (AB 1826). SB 1383 is a recent state law passed with the goal of reducing methane. Methane is a potent greenhouse gas, with more than 80 times the warming power of carbon dioxide, and is a major component of decomposing organic waste. In response to the harmful effects of methane gas, Cal Recycle (a branch of the California Environmental Protection Agency) adopted regulations implementing SB 1383 in the fall of 2020. Key components of SB 1383 include implementing organic waste collection programs (including food waste), monitoring organics carts for contamination, and reporting data. specified below. Consistent with the requirements of Proposition 218, this notice also provides you with thespecified below. Consistent with the requirements of Proposition 218, this notice also provides you with the The Date, Time, and Place of the Public HearingThe Date, Time, and Place of the Public Hearing ; The Reason for the Proposed Rate Increase;The Reason for the Proposed Rate Increase;and The Basis for the Proposed Rate IncreaseThe Basis for the Proposed Rate Increase ; and The Majority Protest Procedures.The Majority Protest Procedures. NOTICE OF PUBLIC HEARING The Public Hearing for the Proposed Rate Increase within the City limits will be held on: June 14, 2022 Time:6:00 pm e City Council Chambers, 215 East Branch St. Arroyo Grande, CA At the Public Hearing, the City Council will consider all public comment in support the Proposed Rate Increase and whether or not a Majority Protest exist Constitution (as described below).If approved, the Proposed Rate Increase would become effective on Reason for the Proposed Rate IncreaseReason for the Proposed Rate Increase Proposed Rate Increase is Proposed Rate Increase is 22.1922.19 percent for solid waste, recyclpercent for solid waste, recycl services. In addition, there will be a services. In addition, there will be a temporarytemporary increase being delayed increase being delayed from from MayMay 1, 2022 to1, 2022 to necessary for the Garbage Company to continue to provide safe, environmentally sound,necessary for the Garbage Company to continue to provide safe, environmentally sound, recycling, green waste/organics collection, transportation and disposal/processingrecycling, green waste/organics collection, transportation and disposal/processing to the citizens of the City. Seto the citizens of the City. Se ATTACHMENT 3 Page 325 of 340 AB 1826 requires local jurisdictions to develop a program to divert organic waste from landfills to an authorized composting facility like an anaerobic digester. Basis of the Proposed Rate Increase The Proposed Rate Increase of 22.19 percent is based on the following cost increases incurred by the Garbage Company: 1. 5.88 percent of the Proposed Rate Increase is for capital investment costs of new collection vehicles, replacement containers and additional containers to meet the demands of SB 1383 compliance. 2. 6.20 percent of the Proposed Rate Increase is for increased capital equipment investments and escalating operating expenses related to the Anaerobic Digester. 3. 5.63 percent of the Proposed Rate Increase is for market wage adjustments to attract and retain safe, quality employees. 4. 1.88 percent of the Proposed Rate Increase is for increases the commingle processing fee 5. 2.60 percent of the Proposed Rate Increase is for increases in other operational expenses The additional temporary 5.12 percent recovery rate increase is for the delayed rate implementation that was no fault of the Garbage Company. The total rate increase implemented June 15, 2022 will be 27.32 percent. The temporary 5.12 percent recovery rate increase will expire January 1, 2023, net of any Consumer Price Index adjustment as discussed next. In addition, commencing on January 1, 2023 and January 1, 2024, rates shall be increased based on the following: 1. Price Index for Urban Consumers based on the All U.S. City Average, Bureau of Labor Statistics for the month of June 2022 for January 1, 2023 and June 2023 for January 1, 2024. The January 1, 2023 CPI rate adjustment will be applied after the 5.12 percent recovery rate increase is removed. At the March 9, 2022 San Luis Obispo County Integrated Waste Management Authority (IWMA) Board Meeting, a 5.4% solid waste management fee was adopted to account for operational and capital cost increases due largely to tasks associated with the implementation of SB 1383. These include the following tasks that will be delegated by the City to the IWMA: education and outreach monitoring, inspection, and record keeping programs; establishing, administering, and implementing the edible food recovery requirements; monitoring and education, including, but not limited to, monitoring compliance through route reviews and evaluations, determining the applicability of waivers, and issuing educational notices where necessary and/or appropriate; and required reporting to CalRecycle. The adopted fee will be effective on July 1, 2022. The City has authorized the Garbage Company to bill this additional fee on behalf of the IWMA. The IWMA is a Joint Powers Authority formed to plan and implement regional solid waste and hazardous waste programs mandated by State law. The Joint Powers Agreement between the City of Arroyo Grande and the IWMA can be made available by the City upon request or on the IWMA website at www.iwma.com. A copy of the 2022 Base Year Rate Adjustment Application, which provides additional information on the 300 East Branch St., Arroyo Grande, California. for increased capital equipment investments for increased capital equipment investments and escalating operating expenses related to the Anaerobic Digester. and escalating operating expenses related to the Anaerobic Digester. percent of the Proposed Rate Increase is for market wage adjustments to attract and percent of the Proposed Rate Increase is for market wage adjustments to attract and the Proposed Rate Increase is for increases the commingle processing feethe Proposed Rate Increase is for increases the commingle processing fee or increases in other operational expenses or increases in other operational expenses percent recovery rate increase is for the delayed rpercent recovery rate increase is for the delayed r ate implementatiate implementati hat was no fault of the Garbage Company. The total rate increase implemented hat was no fault of the Garbage Company. The total rate increase implemented June 15 percent recovery rate increase will expire January 1, 2023, net of percent recovery rate increase will expire January 1, 2023, net of ussed next. ddition, commencing on January 1, 2023 and January 1, 202and January 1, 202 4, rates shall be increased based on the , rates shall be increased based on the Consumers bConsumers based on the Allased on the All U.S. Statistics for the month of June 2022 for January 1, 2023 and June 2023 for JaStatistics for the month of June 2022 for January 1, 2023 and June 2023 for Ja The January 1, 2023 CPI rate adjustment will be applied after the The January 1, 2023 CPI rate adjustment will be applied after the increase is removed.ed. At the March 9, 2022 San Luis Obispo County Integrated Waste Management Authority (IWMA) Board At the March 9, 2022 San Luis Obispo County Integrated Waste Management Authority (IWMA) Board Meeting, a 5.4% solid waste management fee was adopted to account Meeting, a 5.4% solid waste management fee was adopted to account increases due largely to increases due largely to tasks associated with tasks associated with the implementation of SB 1383. tasks that will be delegated by the City to the IWMA: education and outreach monitoring, inspection, and tasks that will be delegated by the City to the IWMA: education and outreach monitoring, inspection, and ng programs; establishing, administering, and implementing the edible food recovery ng programs; establishing, administering, and implementing the edible food recovery requirements; monitoring and education, including, but not limited to, monitoring compliance through route requirements; monitoring and education, including, but not limited to, monitoring compliance through route reviews and evaluations, determining the applicability of waiversreviews and evaluations, determining the applicability of waivers necessary and/or appropriate; and required reporting to CalRecycle. necessary and/or appropriate; and required reporting to CalRecycle. 1, 2022. The City has authorized the Garbage Company to bill this 1, 2022. The City has authorized the Garbage Company to bill this Page 326 of 340 How Do I Protest the Proposed Rate Increase? Pursuant to Section 6 of Article XIII D of the California Constitution, the following persons may submit a written protest against the Proposed Rate Increase to the City Clerk before the close of the Public Hearing referenced above. An owner(s) of property (parcel(s)) receiving solid waste, recycling, and green waste services within the City limits. If the person(s) signing the protest, as an owner, is not shown on the last equalized assessment roll as the owner of the parcel(s) then the protest must contain or be accompanied by written evidence that such person signing the protest is the owner of the parcel(s) receiving services; or the corresponding parcel receiving solid waste, recycling, and green waste services within the City limits (tenant-customer). A valid written protest must contain a statement that you protest the Proposed Rate Increase, the address or eive solid waste, recycling, and green waste services, and a signature by either the owner or the tenant-customer of the parcel or parcels. One written protest per parcel shall be counted in calculating a majority protest to the Proposed Rate Increase subject to the requirements of Section 6 of Article XIII D of the California Constitution. Written protests will not be accepted by e-mail or by facsimile. Verbal protests will not be counted in determining the existence of a majority protest. To be counted, a protest must be received in writing by the City Clerk before the close of the Public Hearing referenced above. Written protests regarding the solid waste rate increase may be mailed to: City of Arroyo Grande Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93420 Written protests may also be personally delivered to the City Clerk located at 300 East Branch Street, Arroyo Grande, California. If valid written protests are presented by a majority of owners and/or tenants-customers of parcels receiving solid waste, recycling, and green waste services within the City limits, then the City will not adjust/increase the rates for the services. een waste services within the een waste services within the A valid written protest must contain a statement that you protest the Proposed Rate Increase, the address or A valid written protest must contain a statement that you protest the Proposed Rate Increase, the address or eive solid waseive solid waste, recycling, and green waste cycling, and green waste ure by either the owner or the tenanture by either the owner or the tenant --customer of the parcel or parcels. One written customer of the parcel or parcels. One written protest per parcel shall be counted in calculating a majority protest to the Proposed Rate Increase subjprotest per parcel shall be counted in calculating a majority protest to the Proposed Rate Increase subj nts of Section 6 of Article XIII D of the Calif ornia Constitution. Written protests will not be ornia Constitution. Written protests will not be mail or by facsimile. Verbal protests will not be counted in determining the existence of a mail or by facsimile. Verbal protests will not be counted in determining the existence of a protest must be rbe receceived in writing by the City Clerk before the ceived in writing by the City Clerk before the c Written protests regarding the solid waste rate increase may be mailed to:Written protests regarding the solid waste rate increase may be mailed to: City of Arroyo GrandeCity of Arroyo Grande Attn: City ClerkAttn: City Clerk 300 East Branch Street300 East Branch Street ArroArroyo Grande,yo Grande, Written protests may also be personally delWritten protests may also be personally delivered to the City Clerk California. California. If valid written protests are presented by a majority of owners and/or tenantsIf valid written protests are presented by a majority of owners and/or tenants recycling, and green wasterecycling, and green waste rates for the services. rates for the services. Page 327 of 340 SOUTH COUNTY SANITARY SERVICE RATE INCREASE EFFECTIVE JUNE 15, 2022 CITY OF ARROYO GRANDE Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2021 Proposed Rate Adjustment Proposed Monthly Rate Effective 6/15/2022 RESIDENTIAL: 32 Gallon Waste Wheeler 1 $19.46 $5.32 $24.78 64 Gallon Waste Wheeler 1 $25.29 $6.91 $32.19 96 Gallon Waste Wheeler 1 $31.13 $8.50 $39.63 TWO-64 Gallon Waste Wheelers 1 $36.98 $10.10 $47.08 ONE 64 & ONE 96 Gallon 1 $42.84 $11.70 $54.54 TWO-96 Gallon Waste Wheelers 1 $48.67 $13.29 $61.96 Residential customers must use the waste wheelers provided by the garbage company. This solid service fee for residential trash collections (container with black or gray lid) includes once a week pick-up of one greenwaste/organics container (green lid), and one recycling container (blue lid). MISCELLANEOUS CHARGES - ALL CUSTOMERS: Overstacked Garbage & extra bags Minimum/unit each $5.51 $1.51 $7.02 Overstacked Greenwaste & extra bags Minimum/unit each $2.77 $0.76 $3.53 Overstacked Blue Bin & extra bags Minimum/unit each $1.55 $0.42 $1.97 In yard service (per can or commodity) IN ADDITION TO STANDARD GARBAGE RATES per month $13.76 $3.76 $17.51 Monthly charge for additional 96- gallon green waste service per month $3.80 $1.04 $4.84 Extended Vacation Service per month $15.78 $4.31 $20.09 Vacant Rate per month $15.78 $4.31 $20.09 Waste wheeler cleaning each time $20.52 $5.61 $26.13 Trip charge each time $33.07 $9.03 $42.10 Non-payment downsize service each time $33.07 $9.03 $42.10 Non-payment redeliver waste wheeler each time $33.07 $9.03 $42.10 Non-payment reconnect service each time $33.07 $9.03 $42.10 Small item pickup (TV, toilet) each $32.27 $8.81 $41.08 Appliance pickup-residential each $45.51 $12.43 $57.94 Garbage extras on your scheduled pickup day per yard $11.62 $3.17 $14.79 Garbage extras -NOT ON YOUR SCHEDULED PICKUP DAY per yard $31.25 $8.54 $39.79 Re-deliver bin on stopped acct each time $39.44 $10.77 $50.21 Stand by time per hour $66.60 $18.19 $84.79 payment redeliver wapayment redeliver waste ste $6.91$6.91 $8.50 $10.10$10.10 $42.84 $42.84 $11.70$11.70 $48.67 $48.67 $13.29$13.29 wheelers provided by the garbage company. This solid service wheelers provided by the garbage company. This solid service fee for residential trash collections (container with black or gray lid) includes once a week pickfee for residential trash collections (container with black or gray lid) includes once a week pick d one recycling container (blue lid).d one recycling container (blue lid). each $5.51 $5.51 each $2.77 $2.77 Overstacked Blue Bin & extra bags Overstacked Blue Bin & extra bags each each $1.5 In yard service (per can or In yard service (per can or commodity) IN ADDITION TO commodity) IN ADDITION TO STANDARD GARBAGE RATESSTANDARD GARBAGE RATES per monthper month charge for additional 96charge for additional 96-- gallon green waste servicegallon green waste service per monthper month Extended Vacation ServiceExtended Vacation Service per monthper month Vacant RateVacant Rate per monthper month Waste wheeler cleaningWaste wheeler cleaning payment downsize servicepayment downsize service Page 328 of 340 Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2021 Proposed Rate Adjustment Proposed Monthly Rate Effective 6/15/2022 Tax Lien Cert. Mail Fee $4.05 $1.11 $5.16 City Clean Up $11.28 $3.08 $14.36 Extra bin cleaning $61.55 $16.81 $78.36 Damage/Destruction of bins or waste wheelers by quote only Larger than residential appliance or glass, glass doors, or plate glass by quote only Short Term Dumpsters: Delivery & Pickup-Bin $39.46 $10.78 $50.24 Delivery & Pickup-Waste Wheeler $13.76 $3.76 $17.52 Rental Per Day $2.92 $0.80 $3.72 Empties Per Yard $31.25 $8.54 $39.79 Mattress: Twin Each $17.91 $4.89 $22.80 Double Each $17.91 $4.89 $22.80 Queen Each $17.91 $4.89 $22.80 King Each $17.91 $4.89 $22.80 ADDITIONAL INFORMATION ALL CUSTOMERS: 1. Customers requesting Temporary Bins or Roll-off Box Service can call the office for current rates 2. Polystyrene (Styrofoam, Plastic #6) is not collected for recycling and should be thrown away as trash. Please bag Styrofoam packing peanuts before placing in trash container. 3. It is encouraged to bag your trash in the garbage container but do not bag your recyclables or green waste in their respective containers and keep it loose. 4. Recycling, Greenwaste/Organics and Garbage containers should spaced 3 feet apart away from any obstacles (i.e mailboxes, cars, etc) before 6:00am on collection service day. 5. The fee schedule above only includes the Garbage Company rates and does not include IWMA fees, which are separately noted on the billings. 6. Late Fees are imposed for residential customers over 30 days delinquent. The fee is 1.5% per month of the outstanding charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy is stated at the bottom of every bill. 7. Customers can be responsible for contamination fees Any additional recycling, including greenwaste/organic services are charged out at 50% of the garbage rate. Any additional recycling, including gAny additional recycling, including g $10.78$10.78 $13.76 $13.76 $3.76$3.76 $2.92 $2.92 $0.80$0.80 $31.25 $31.25 $8.54 $17.91 $17.91 $4.89 $17.91 $17.91 $4.89 $17.91$17.91 Each $17.91 $17.91 INFORMATION ALL CUSTOMERS: Customers requesting Temporary Bins or RollCustomers requesting Temporary Bins or Roll-off Box Service can call the office for current rates off Box Service can call the office for current rates Polystyrene (Styrofoam, Plastic #6) is noPolystyrene (Styrofoam, Plastic #6) is not t collected for recycling and should be thrown away as trash. Please collected for recycling and should be thrown away as trash. Please bag Styrofoam packing peanuts before placing in trash container. bag Styrofoam packing peanuts before placing in trash container. It is encouraged to bag your trash in the garbage container but do not bag your recyclables or green wastIt is encouraged to bag your trash in the garbage container but do not bag your recyclables or green wast their respective containers and keep it loose. their respective containers and keep it loose. Recycling, Greenwaste/Organics and Garbage containers should spaced 3 feet apart away from any obstacles Recycling, Greenwaste/Organics and Garbage containers should spaced 3 feet apart away from any obstacles (i.e mailboxes, cars, etc) before 6:00am on collection service day. (i.e mailboxes, cars, etc) before 6:00am on collection service day. schedule above only includes the Garbage Company rates and does not include IWMA fees, which are schedule above only includes the Garbage Company rates and does not include IWMA fees, which are separately noted on the billings.separately noted on the billings. Late Fees are imposed for residential customers over 30 days delinquent. The fee is 1.5% per month oLate Fees are imposed for residential customers over 30 days delinquent. The fee is 1.5% per month o ng charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy is stated at the ng charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy is stated at the bottom of every bill.bottom of every bill. Customers can be responsible for contamination fees Customers can be responsible for contamination fees Page 329 of 340 Notice of Public Hearing Regarding Proposed Solid Waste Rate Increase Property Owners and Tenants - Customers: This notice is intended to inform you that the City of Arroyo Grande (the South County Sanitary Service (the within the City. The Proposed Rate Increase will be considered by the Council at the date, time, and location specified below. Consistent with the requirements of Proposition 218, this notice also provides you with the following information: The Date, Time, and Place of the Public Hearing; The Reason for the Proposed Rate Increase; and The Basis for the Proposed Rate Increase; and The Majority Protest Procedures. NOTICE OF PUBLIC HEARING The Public Hearing for the Proposed Rate Increase within the City limits will be held on: Date:June 14, 2022 Time:6:00 pm Place:Arroyo Grande City Council Chambers, 215 East Branch St. Arroyo Grande, CA At the Public Hearing, the City Council will consider all public comment in support of and in opposition to the Proposed Rate Increase and whether or not a Majority Protest exists pursuant to the California Constitution (as described below). If approved, the Proposed Rate Increase would become effective on June 15, 2022. Reason for the Proposed Rate Increase The Proposed Rate Increase is 22.19 percent for solid waste, recycling, and green waste/organics collection services. In addition, there will be a temporary 5.12 percent increase to recover revenue lost due to this rate increase being delayed from May 1, 2022 to June 15, 2022. This recovery component will expire January 1, 2023. The increase is necessary for the Garbage Company to continue to provide safe, environmentally sound, and reliable solid waste, recycling, green waste/organics collection, transportation and disposal/processing services to the citizens of the City. Several factors contributed to this rate increase including, but not limited to: increased costs associated with the purchase and operation of collection vehicles, fuel costs, labor costs, and increased costs associated with the organics digester facility. The organics digester facility is required by California Senate Bill 1383 (SB 1383), and previously approved California Assembly Bill 1826 (AB 1826). SB 1383 is a recent state law passed with the goal of reducing methane. Methane is a potent greenhouse gas, with more than 80 times the warming power of carbon dioxide, and is a major component of decomposing organic waste. In response to the harmful effects of methane gas, Cal Recycle (a branch of the California Environmental Protection Agency) adopted regulations implementing SB 1383 in the fall of 2020. Key components of SB 1383 include implementing organic waste collection programs (including food waste), monitoring organics carts for contamination, and reporting data. specified below. Consistent with the requirements of Proposition 218, this notice also provides you with the specified below. Consistent with the requirements of Proposition 218, this notice also provides you with the The Date, Time, and Place of the Public HearingThe Date, Time, and Place of the Public Hearing; The Reason for the Proposed Rate Increase;The Reason for the Proposed Rate Increase;and The Basis for the Proposed Rate IncreaseThe Basis for the Proposed Rate Increase ; and The Majority Protest Procedures.The Majority Protest Procedures. NOTICE OF PUBLIC HEARING The Public Hearing for the Proposed Rate Increase within the City limits will be held on: 14, 2022 Time:6:00 pm de City Council Chambers,215 East Branch St. Arroyo Grande, CA At the Public Hearing, the City Council will consider all public comment in support the Proposed Rate Increase and whether or not a Majority Protest exists pursuant to Constitution (as described below).If approved, the Proposed Rate Increase would become effective on Reason for the Proposed Rate IncreaseReason for the Proposed Rate Increase Proposed Rate Increase is Proposed Rate Increase is 22.1922.19 percent for solid waste, recycling, and green wpercent for solid waste, recycling, and green w services. In addition, there will be a services. In addition, there will be a temporary temporary increase being delayed increase being delayed from from MayMay 1, 2022 to 1, 2022 to s necessary for the Garbage Company to continue to provide safe, environmentally sound, s necessary for the Garbage Company to continue to provide safe, environmentally sound, recycling, green waste/organics collection, transportation and disposal/processing recycling, green waste/organics collection, transportation and disposal/processing services to the citizens of the City. Several factors cservices to the citizens of the City. Several factors c Page 330 of 340 AB 1826 requires local jurisdictions to develop a program to divert organic waste from landfills to an authorized composting facility like an anaerobic digester. Basis of the Proposed Rate Increase The Proposed Rate Increase of 22.19 percent is based on the following cost increases incurred by the Garbage Company: 1. 5.88 percent of the Proposed Rate Increase is for capital investment costs of new collection vehicles, replacement containers and additional containers to meet the demands of SB 1383 compliance. 2. 6.20 percent of the Proposed Rate Increase is for increased capital equipment investments and escalating operating expenses related to the Anaerobic Digester. 3. 5.63 percent of the Proposed Rate Increase is for market wage adjustments to attract and retain safe, quality employees. 4. 1.88 percent of the Proposed Rate Increase is for increases the commingle processing fee 5. 2.60 percent of the Proposed Rate Increase is for increases in other operational expenses The additional temporary 5.12 percent recovery rate increase is for the delayed rate implementation that was no fault of the Garbage Company. The total rate increase implemented June 15, 2022 will be 27.32 percent. The temporary 5.12 percent recovery rate increase will expire January 1, 2023, net of any Consumer Price Index adjustment as discussed next. In addition, commencing on January 1, 2023 and January 1, 2024, rates shall be increased based on the following: 1. Price Index for Urban Consumers based on the All U.S. City Average, Bureau of Labor Statistics for the month of June 2022 for January 1, 2023 and June 2023 for January 1, 2024. The January 1, 2023 CPI rate adjustment will be applied after the 5.12 percent recovery rate increase is removed. At the March 9, 2022 San Luis Obispo County Integrated Waste Management Authority (IWMA) Board Meeting, a 5.4% solid waste management fee was adopted to account for operational and capital cost increases due largely to tasks associated with the implementation of SB 1383. These include the following tasks that will be delegated by the City to the IWMA: education and outreach monitoring, inspection, and record keeping programs; establishing, administering, and implementing the edible food recovery requirements; monitoring and education, including, but not limited to, monitoring compliance through route reviews and evaluations, determining the applicability of waivers, and issuing educational notices where necessary and/or appropriate; and required reporting to CalRecycle. The adopted fee will be effective on July 1, 2022. The City has authorized the Garbage Company to bill this additional fee on behalf of the IWMA. The IWMA is a Joint Powers Authority formed to plan and implement regional solid waste and hazardous waste programs mandated by State law. The Joint Powers Agreement between the City of Arroyo Grande and the IWMA can be made available by the City upon request or on the IWMA website at www.iwma.com. A copy of the 2022 Base Year Rate Adjustment Application, which provides additional information on the 300 East Branch St., Arroyo Grande, California. for increased capital equipment investments for increased capital equipment investments and escalating operating expenses related to the Anaerobic Digester. and escalating operating expenses related to the Anaerobic Digester. 5.63 percent of the Proposed Rate Increase is for market wage adjustments to attract and 5.63 percent of the Proposed Rate Increase is for market wage adjustments to attract and the Proposed Rate Increase is for increases the commingle processing feethe Proposed Rate Increase is for increases the commingle processing fee percent of the Proposed Rate Increase is for increases in other operational expenses percent of the Proposed Rate Increase is for increases in other operational expenses percent recovery rate increase is for the delayed rate implementatpercent recovery rate increase is for the delayed rate implementat that was no fault of the Garbage Company. The total rate increase implemented that was no fault of the Garbage Company. The total rate increase implemented June 15 percent recovery rate increase will expire January 1, 2023, net of percent recovery rate increase will expire January 1, 2023, net of any Consumer Price Index adjustment as discussed next. any Consumer Price Index adjustment as discussed next. addition, commencing on January 1, 2023 and January 1, 202and January 1, 202 4, rates shall be increased based on the , rates shall be increased based on the Consumers based on the AlConsumers based on the All U Statistics for the month of June 2022 for January 1, 2023 and June 2023 for January 1, 2024. Statistics for the month of June 2022 for January 1, 2023 and June 2023 for January 1, 2024. The January 1, 2023 CPI rate adjustment will be applied after the The January 1, 2023 CPI rate adjustment will be applied after the increase is removed.increase is removed. At the March 9, 2022 San Luis Obispo County Integrated Waste Management Authority (IWMA) Board At the March 9, 2022 San Luis Obispo County Integrated Waste Management Authority (IWMA) Board Meeting, a 5.4% solid waste management fee was adopted to account Meeting, a 5.4% solid waste management fee was adopted to account increases due largely to increases due largely to tasks associated with tasks associated with the implementation of SB 1383. tasks that will be delegated by the City to the IWMA: education and outreach monitoring, inspection, and tasks that will be delegated by the City to the IWMA: education and outreach monitoring, inspection, and ng programs; establishing, administering, and implementing the edible food recovery ng programs; establishing, administering, and implementing the edible food recovery requirements; monitoring and education, including, but not limited to, monitoring compliance through route requirements; monitoring and education, including, but not limited to, monitoring compliance through route reviews and evaluations, determining the applicability of waiversreviews and evaluations, determining the applicability of waivers necessary and/or appropriate; and required reporting to CalRecycle. necessary and/or appropriate; and required reporting to CalRecycle. 1, 2022. The City has authorized the Garbage Company to bill this 1, 2022. The City has authorized the Garbage Company to bill this Page 331 of 340 How Do I Protest the Proposed Rate Increase? Pursuant to Section 6 of Article XIII D of the California Constitution, the following persons may submit a written protest against the Proposed Rate Increase to the City Clerk before the close of the Public Hearing referenced above. An owner(s) of property (parcel(s)) receiving solid waste, recycling, and green waste services within the City limits. If the person(s) signing the protest, as an owner, is not shown on the last equalized assessment roll as the owner of the parcel(s) then the protest must contain or be accompanied by written evidence that such person signing the protest is the owner of the parcel(s) receiving services; or the corresponding parcel receiving solid waste, recycling, and green waste services within the City limits (tenant-customer). A valid written protest must contain a statement that you protest the Proposed Rate Increase, the address or ste, recycling, and green waste services, and a signature by either the owner or the tenant-customer of the parcel or parcels. One written protest per parcel shall be counted in calculating a majority protest to the Proposed Rate Increase subject to the requirements of Section 6 of Article XIII D of the California Constitution. Written protests will not be accepted by e-mail or by facsimile. Verbal protests will not be counted in determining the existence of a majority protest. To be counted, a protest must be received in writing by the City Clerk before the close of the Public Hearing referenced above. Written protests regarding the solid waste rate increase may be mailed to: City of Arroyo Grande Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93420 Written protests may also be personally delivered to the City Clerk located at 300 East Branch Street, Arroyo Grande, California. If valid written protests are presented by a majority of owners and/or tenants-customers of parcels receiving solid waste, recycling, and green waste services within the City limits, then the City will not adjust/increase the rates for the services. reen waste services within the reen waste services within the A valid written protest must contain a statement that you protest the Proposed Rate Increase, the address or A valid written protest must contain a statement that you protest the Proposed Rate Increase, the address or ste,recycling, and green waste ecycling, and green waste services, and a signature by either the owner or the tenantservices, and a signature by either the owner or the tenant --customer of the parcel or parcels. One written customer of the parcel or parcels. One written protest per parcel shall be counted in calculating a majority protest to the Proposed Rate Increase subject to protest per parcel shall be counted in calculating a majority protest to the Proposed Rate Increase subject to ents of Section 6 of Article XIII D of the California Constitution. Written protests will not be ents of Section 6 of Article XIII D of the California Constitution. Written protests will not be mail or by facsimile. Verbal protests will not be counted in determining the existence of a mail or by facsimile. Verbal protests will not be counted in determining the existence of a majority protest. To be counted, a protest must bebe rereceived in writing by the City Clerk before the close of the ceived in writing by the City Clerk before the close of the Written protests regarding the solid waste rate increase may be mailed to:Written protests regarding the solid waste rate increase may be mailed to: City of Arroyo GrandeCity of Arroyo Grande Attn: City ClerkAttn: City Clerk 300 East Branch Street300 East Branch Street Arroyo Grande,Arroyo Grande, Written protests may also be personally delivered to the City Clerk Written protests may also be personally delivered to the City Clerk California. California. If valid written protests are presented by a majority of owners and/or tenantsIf valid written protests are presented by a majority of owners and/or tenants recycling, and green wasterecycling, and green waste rates for the services. rates for the services. Page 332 of 340 SOUTH COUNTY SANITARY SERVICE RATE INCREASE EFFECTIVE JUNE 15, 2022 CITY OF ARROYO GRANDE Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2021 Proposed Rate Adjustment Proposed Monthly Rate Effective 6/15/2022 APARTMENTS, TRIPLEX, DUPLEX Rates are the same as commercial rates (below). COMMERCIAL DUMPSTERS - ALL AREAS: 1 yd dumpster 1 $96.13 $26.26 $122.39 1 yd dumpster 2 $140.24 $38.31 $178.55 1 yd dumpster 3 $184.40 $50.37 $234.77 1 yd dumpster 4 $236.32 $64.55 $300.87 1 yd dumpster 5 $277.84 $75.89 $353.73 1 yd dumpster 6 $329.80 $90.09 $419.89 1 yd dumpster 7 $400.86 $109.50 $510.36 1.5 yd dumpster 1 $109.10 $29.80 $138.90 1.5 yd dumpster 2 $168.81 $46.11 $214.92 1.5 yd dumpster 3 $238.96 $65.27 $304.23 1.5 yd dumpster 4 $311.63 $85.12 $396.75 1.5 yd dumpster 5 $379.18 $103.58 $482.76 1.5 yd dumpster 6 $428.52 $117.05 $545.57 1.5 yd dumpster 7 $501.77 $137.06 $638.83 2 yd dumpster 1 $122.10 $33.35 $155.45 2 yd dumpster 2 $205.17 $56.04 $261.21 2 yd dumpster 3 $290.89 $79.46 $370.35 2 yd dumpster 4 $384.34 $104.99 $489.33 2 yd dumpster 5 $475.25 $129.82 $605.07 2 yd dumpster 6 $532.40 $145.43 $677.83 2 yd dumpster 7 $619.02 $169.09 $788.11 3 yd dumpster 1 $145.41 $39.72 $185.13 3 yd dumpster 2 $275.28 $75.19 $350.47 3 yd dumpster 3 $384.34 $104.99 $489.33 3 yd dumpster 4 $501.19 $136.90 $638.09 3 yd dumpster 5 $594.70 $162.45 $757.15 3 yd dumpster 6 $708.98 $193.66 $902.64 3 yd dumpster 7 $905.52 $247.35 $1,152.87 2 yd dumpster2 yd dumpster $26.26$26.26 $38.31$38.31 $50.37$50.37 $234.77 $64.55$64.55 $300.87 $277.84 $277.84 $75.89 $353.73 $329.80 $329.80 $90.09 $400.86 $400.86 $109.50 $109.10 $109.10 $29.80 $168.81 $168.81 3 $238.96 $238.96 4 $311.63 $311.63 55 $379.18 66 $428.52 77 $501.77 $501.77 2 yd dumpster2 yd dumpster 1 2 yd dumpster2 yd dumpster 2 2 yd dumpster2 yd dumpster 33 2 yd dumpst2 yd dumpster 4 2 yd dumpster2 yd dumpster 2 yd dumpster2 yd dumpster Page 333 of 340 Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2021 Proposed Rate Adjustment Proposed Monthly Rate Effective 6/15/2022 4 yd dumpster 1 $181.81 $49.66 $231.47 4 yd dumpster 2 $322.02 $87.96 $409.98 4 yd dumpster 3 $462.25 $126.27 $588.52 4 yd dumpster 4 $594.70 $162.45 $757.15 4 yd dumpster 5 $734.95 $200.76 $935.71 4 yd dumpster 6 $872.60 $238.36 $1,110.96 4 yd dumpster 7 $1,111.28 $303.55 $1,414.83 6 yd dumpster 1 $272.72 $74.50 $347.22 6 yd dumpster 2 $483.05 $131.95 $615.00 6 yd dumpster 3 $693.36 $189.40 $882.76 6 yd dumpster 4 $892.08 $243.68 $1,135.76 6 yd dumpster 5 $1,102.41 $301.13 $1,403.54 6 yd dumpster 6 $1,308.92 $357.54 $1,666.46 6 yd dumpster 7 $1,666.92 $455.33 $2,122.25 8 yd dumpster 1 $363.61 $99.32 $462.93 8 yd dumpster 2 $644.05 $175.93 $819.98 8 yd dumpster 3 $924.49 $252.53 $1,177.02 8 yd dumpster 4 $1,189.43 $324.90 $1,514.33 8 yd dumpster 5 $1,469.91 $401.52 $1,871.43 8 yd dumpster 6 $1,745.22 $476.72 $2,221.94 8 yd dumpster 7 $2,222.57 $607.11 $2,829.68 The rates shown above include the monthly container rental fee and a semi-annual dumpster cleaning. COMMERCIAL GARBAGE CANS - ALL AREAS: 32 Gallon Waste Wheeler 1 $23.37 $6.38 $29.75 32 Gallon Waste Wheeler 2 $49.34 $13.48 $62.82 32 Gallon Waste Wheeler 3 $57.15 $15.61 $72.76 32 Gallon Waste Wheeler 4 $72.69 $19.86 $92.55 64 Gallon Waste Wheeler 1 $49.34 $13.48 $62.82 64 Gallon Waste Wheeler 2 $65.57 $17.91 $83.48 64 Gallon Waste Wheeler 7 $195.92 $53.52 $249.44 96 Gallon Waste Wheeler 1 $57.15 $15.61 $72.76 96 Gallon Waste Wheeler 2 $96.13 $26.26 $122.39 96 Gallon Waste Wheeler 3 $121.02 $33.06 $154.08 96 Gallon Waste Wheeler 4 $146.21 $39.94 $186.15 96 Gallon Waste Wheeler 5 $164.63 $44.97 $209.60 96 Gallon Waste Wheeler 7 $224.61 $61.35 $285.96 64 Gallon Waste Wheeler64 Gallon Waste Wheeler $303.55$303.55 $74.50$74.50 $131.95$131.95 $615. $693.36 $693.36 $189.40$189.40 $882.76 $892.08 $892.08 $243.68 $1,135.76 $1,135.76 $1,102.41 $1,102.41 $301.13 $1,308.92 $1,308.92 $357.54 $1,666.92 $1,666.92 $455.33 $363.61 $363.61 2 $644.05 $644.05 3 $924.49 $924.49 44 $1,189.43 $1,189.43 55 $1,469.91 $1,469.91 66 $1,745.22 $1,745.22 8 yd dumpster 77 The rates shown above include the monthly container rental fee and a semiThe rates shown above include the monthly container rental fee and a semi COMMERCIAL GARBAGE CANS -ALL AREAS: 32 Gallon Waste Wheeler32 Gallon Waste Wheeler 11 32 Gallon Waste32 Gallon Waste Wheeler 32 Gallon Waste Wheeler32 Gallon Waste Wheeler 32 Gallon Waste Wheeler32 Gallon Waste Wheeler 64 Gallon Waste Wheeler64 Gallon Waste Wheeler Page 334 of 340 Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2021 Proposed Rate Adjustment Proposed Monthly Rate Effective 6/15/2022 COMMERCIAL - OTHER CHARGES: Rates for all commercial customers include recycling or greenwaste/organics pickup once per week, included with the garbage service rate. Customers can choose from a 64 or 96 gallon blue commingled recycle waste wheeler or a 32 or 64 gallon organics waste wheeler included with the garbage service rate (96 gallon waste wheelers can only be used with green waste due to weight). If you need a bin for recycling there is a charge (see below). If you need more frequent recycling, including organics/greenwaste service, it can be provided at a 50% discount from the garbage service rates for the specified level of service required. MISCELLANEOUS CHARGES - ALL CUSTOMERS: Overstacked Garbage & extra bags Minimum/unit each $5.51 $1.51 $7.02 Overstacked Greenwaste & extra bags Minimum/unit each $2.77 $0.76 $3.53 Overstacked Blue Bin & extra bags Minimum/unit each $2.91 $0.79 $3.70 Xtra Recycle 32, 64, or 96 waste wheelers per month $1.55 $0.42 $1.97 In yard service (per can or commodity) IN ADDITION TO STANDARD GARBAGE RATES per month $13.76 $3.76 $17.52 Monthly charge for additional 96-gallon green waste service per month $3.80 $1.04 $4.84 Extended Vacation Service per month $12.82 $3.50 $16.32 Vacant Rate per month $15.79 $4.31 $20.10 Waste wheeler cleaning each time $20.52 $5.61 $26.13 Trip charge each time $13.76 $3.76 $17.52 Non-payment downsize service each time $13.76 $3.76 $17.52 Non-payment redeliver waste wheeler each time $13.76 $3.76 $17.52 Non-payment reconnect service each time $33.07 $9.03 $42.10 Small item pickup (TV, toilet) each $32.27 $8.81 $41.08 Appliance pickup-residential each $45.51 $12.43 $57.94 Lock Charge $7.66 $2.09 $9.75 Garbage extras on your scheduled pickup day per yard $11.62 $3.17 $14.79 Garbage extras -NOT ON YOUR SCHEDULED PICKUP DAY per yard $31.25 $8.54 $39.79 Commercial Waste Wheeler rent per month $4.26 $1.16 $5.42 Small item pickup (TV, toilet)Small item pickup (TV, toilet) at a 50% discount from the garbage service rates for the specified level of service required.at a 50% discount from the garbage service rates for the specified level of service required. $1.51$1.51 $2.77 $2.77 $0.76$0.76 $3.53 $2.91 $2.91 $0.79 $1.55 $1.55 $0.42 per month $13.76 $13.76 gallon green waste servicegallon green waste service per monthper month $3.80 Vacation ServiceVacation Service per monthper month $12.82 per monthper month Waste wheeler cleaning each timeeach time each timeeach time payment downsize payment downsize each timeeach time payment redeliver wastepayment redeliver waste each time payment reconnect payment reconnect Page 335 of 340 Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2021 Proposed Rate Adjustment Proposed Monthly Rate Effective 6/15/2022 Re-deliver bin on stopped acct each time $39.44 $10.77 $50.21 Large Compactor (> 4 yards) per yard $16.90 $4.62 $21.52 Small Compactors (4 yards & below) assume 3 to 1 compaction 3 times the garbage rate Sunday Service (in additional to garbage service level) per month $68.87 $18.81 $87.68 Recycle bin rental per month $7.66 $2.09 $9.75 Stand by time per hour $66.28 $18.10 $84.38 Extra bin cleaning $61.55 $16.81 $78.36 Larger than residential appliance by quote only Damage/Destruction of bins or waste wheelers by quote only Short Term Dumpsters: Delivery & Pickup-Bin $39.46 $10.78 $50.24 Delivery & Pickup-Waste Wheeler $13.76 $3.76 $17.52 Rental Per Day $2.92 $0.80 $3.72 Empties Per Yard $31.25 $8.54 $39.79 Mattress: Twin Each $17.91 $4.89 $22.80 Double Each $17.91 $4.89 $22.80 Queen Each $17.91 $4.89 $22.80 King Each $17.91 $4.89 $22.80 ADDITIONAL INFORMATION ALL CUSTOMERS: 1. Customers requesting Temporary Bins or Roll-off Box Service can call the office for current rates 2. Polystyrene (Styrofoam, Plastic #6) is not collected for recycling and should be thrown away as trash. Please bag Styrofoam packing peanuts before placing in trash container. 3. It is encouraged to bag your trash in the garbage container but do not bag your recyclables or green waste in their respective containers and keep it loose. 4. Recycling, Greenwaste/Organics and Garbage containers should spaced 3 feet apart away from any obstacles (i.e mailboxes, cars, etc) before 6:00am on collection service day. 5. The fee schedule above only includes the Garbage Company rates and does not include IWMA fees, which are separately noted on the billings. 6. Late Fees are imposed for residential customers over 30 days delinquent. The fee is 1.5% per month of the outstanding charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy is stated at the bottom of every bill. 7. Customers can be responsible for contamination fees Any additional recycling, including greenwaste/organic services are charged out at 50% of the garbage rate. $18.81$18.81 $2.09$2.09 $18.10$18.10 $16.81$16.81 $78.36 by quote onlyby quote only by quote onlyby quote only $39.46 $39.46 $10.78 $13.76 $13.76 Per Day $2.92 $2.92 Per YardPer Yard $31.25 $31.25 EachEach $17.91 EachEach EachEach Each ADDITIONAL INFORMATION ALL CUSTOMERS: Customers requesting Temporary Bins or RollCustomers requesting Temporary Bins or Roll PolystPolystyrene (Styrofoam, Plastic #6) is not collected for recycling and should be thrown away as trash. yrene (Styrofoam, Plastic #6) is not collected for recycling and should be thrown away as trash. Please bag Styrofoam packing peanuts Please bag Styrofoam packing peanuts before placing in trash container. It is encouraged to bag your trash in the garbage container but do not It is encouraged to bag your trash in the garbage container but do not in their respective containers and keep it loose. in their respective containers and keep it loose. Recycling, Greenwaste/Organics and Garbage containers should spaced 3 feet apart away from any Recycling, Greenwaste/Organics and Garbage containers should spaced 3 feet apart away from any obstacles (i.e mailboxes, cars, etc) before 6:00am on collectiobstacles (i.e mailboxes, cars, etc) before 6:00am on collecti Page 336 of 340 Page 1 of 4 April 6, 2022 Whitney McDonald City Manager City of Arroyo Grande 300 E Branch St, Arroyo Grande, CA 93420 Subject: South County Sanitary Services January 2022 Revised Rate Increase Request Dear Ms. McDonald, Please accept this letter as a follow-up to the rate application South County Sanitary Services (͞SCSS͟) filed with you on October 20, 2021. The rate increase percentage decreased as a result of several meetings with the ŝƚLJ͛ƐƌĂƚĞƌĞǀŝĞǁĐŽŶƐƵůƚĂŶƚ͕Dƌ͘ŝůů^ƚĂƚůĞƌ. This letter discusses items that changed since our original submission ĂŶĚƌĞƐƉŽŶĚƐƚŽDƌ͘^ƚĂƚůĞƌ͛Ɛ^ŽůŝĚtĂƐƚĞZĂƚĞZĞǀŝĞǁ report, dated March 2022. We lowered the request by 2.46% to a 22.19% increase in our revenue requirement. A revised breakout of the rate increase is shown in the table below. Rate increase justifications have not changed since the previous cover letter. The table also includes a delayed rate implementation component of 11.95% as described in the next paragraph, which brings the total rate increase request to 34.14% for the first year. Factor Increase % Capital Investment (Depreciation) 5.88% HZI Digester Expense 6.20% Wage Adjustments to Market 5.63% Recycle Processing Fee 1.88% Other General Costs 2.60% Total 22.19% Delayed Rate Component 11.95% Total w/ Delayed Rate Component 34.14% ATTACHMENT 4 Page 337 of 340 {00101715.DOCX.}Page 2 of 4 Delayed Rate Implementation Per page II-8 of the Rate Manual, if approval of the application and new rates is delayed due to no fault of the hauler, the City will include the value of revenue lost due to the delay in the rate increase. Assuming rates become effective June 15, 2022, instead of March 1, 2022 (effective date based on the timeline provided in the Rate Manual), the rate increase will increase by 11.95% to provide full recovery of SCSS͛Ɛ ϮϬϮϮ ƌĞǀĞŶƵĞ ƌĞƋƵŝƌĞŵĞŶƚ in 2022. The delayed rate implementation component will apply evenly over the remaining months in 2022 and end effective January 1, 2023, net of any CPI increase. SCSS is not in agreement with Mr. ^ƚĂƚůĞƌ͛ƐƌĞĐŽŵŵĞŶĚed delayed rate implementation timeline. Below are our responses to the concerns Mr. Statler presented regarding the delayed rate implementation timeline on page 3 of his report. 1. Mr. Statler notes that when the Rate Manual was created there was ͞ĂŶƵŶĚĞƌƐƚĂŶĚŝŶŐ͟ that Proposition 218 45-day notice and protest requirements did not apply and, as a result, were not included in the 120-day rate review period. While SCSS understands there was not a formalized Proposition 218 requirement at the time, the 120-day period set forth in the Rate Manual is more than enough time to provide for the Proposition 218 customer notification and protest requirements. 2. Mr. Statler mentions the delay in the approval of the Integrated Waste Management Authority (IWMA) fee as a reason to extend the 120-day period. SCSS outlined several options to avoid having the IWMA fee delay the rate application process, but these were not initially accepted. Additionally, SCSS made multiple requests to the IWMA to determine if we could do anything to reduce further delays in the approval process of the new fee. This unfortunate delay was out of SCSS͛ƐĐŽŶƚƌŽů as the IWMA is a separate entity, and is not an acceptable reason to penalize SCSS on timely rate implementation. 3. Mr. Statler mentions the size and complexity of the application being significantly greater than past applications. tŚŝůĞ^^^ĂƉƉƌĞĐŝĂƚĞƐDƌ͘^ƚĂƚůĞƌ͛ƐƚŚŽƌŽƵŐŚŶĞƐƐŝŶŚŝƐƌĞǀŝĞǁ͕ this complexity already existed. Dƌ͘^ƚĂƚůĞƌ͛ƐůĂƐƚ^ŽůŝĚtĂƐƚĞZĂƚĞZeview report, issued in April 2019, of the South County jurisdictions discussed several complex issues of the rate application along with issues that arose as a product of the outdated 28 year old Rate DĂŶƵĂů͘WĂƌƚŽĨDƌ͘^ƚĂƚůĞƌ͛Ɛrecommendations in that April 2019 report included updating the 1994 Rate Manual͘Dƌ͘^ƚĂƚůĞƌ͛ƐƉƌŝůϮϬϭϵƌĞƉŽƌƚĂůƐo committed SCSS, and our other Central Coast Companies, to conceptually fund half the cost of the Rate Manual update and also named 6 rate consultant firms capable of such an update. SCSS should not be denied a delayed rate implementation increase as the size and complexity of the application has been known and there was sufficient notice to update the Rate Manual. 4. Below are key dates on the rate application submission, review process, and issuance of the draft report. x September 1 ʹ SCSS notified the City via email that a rate application is pending and should contact Mr. Statler if the City intended to engage him for this rate application review. Page 338 of 340 {00101715.DOCX.}Page 3 of 4 x September 17 ʹ Mr. Statler sent a proposal via email to the City to review the SCSS Rate Applications which indicated a 45 day period to prepare a draft report after City authorization to proceed and receipt of the rate increase application. x October 20 ʹ SCSS sent the rate application to the City via email to begin the rate review process along with a suggestion to forward to Mr. Statler should the City choose him to review the applications. x October 27 ʹ The City forwarded the Base Rate Application to Mr. Statler for review via email. x December 20 ʹ Mr. Statler provided an email update of the SCSS review to the City which indicated a potential delay with the IWMA fee increase. x January 27 ʹ Mr. Statler provided an email update of the SCSS review to the City which indicated the IWMA fee increase would not be part of the SCSS rate increase; instead determined to be a separate fee on the SCSS customer invoices. This update to the City also acknowledged delayed rate implementation effective February 17, 2022. x March 18 ʹ Mr. Statler provided an email update of the SCSS review to the City stating that an Administrative Draft would be issued on March 21. This email also included an indication that there was a discrepancy between parties on the delayed rate implementation timeline. x March 21 ʹ Mr. Statler provided the draft report to the City which highlighted the delayed rate implementation discrepancy between what the rate manual prescribes (March 1st) versus what Mr. Statler recommended (May 1st). In conclusion, while SCSS understands the concerns raised by Mr. Statler in his report, the existing language in the Rate Manual entitles SCSS to recovery through the delayed rate implementation mechanism when such delay is due to no fault of SCSS. Mr. Statler has not provided any evidence that the delay in rate implementation was due to the fault of SCSS. IWMA, Franchise Fees, and AB939 Fees On March 9, 2022 the IWMA Board approved a 5.4% charge on all residential and commercial revenue, effective July 1, 2022. This charge replaces the current fee of $0.30 per month for residential customers billed under $50/month and 2% of revenue for commercial customers and residents billed over $50/month services. The IWMA fees are a separate line item on the bill and are now based fully on a percentage of revenue, therefore SCSS removed all consideration of IWMA fees from this revised application. Unless otherwise indicated, the new July 1, 2022 IWMA fee will be a disclosure item on the Prop 218 notice. Page 339 of 340 {00101715.DOCX.}Page 4 of 4 Reclassification of HZI Digester Processing Expense The digester and previous green waste composting process has always been treated as an outside service eligible for margin. However, in order to settle this rate application, SCSS agreed to reclassify the HZI digester processing fee from an outside services operating expense to a pass- through expense. Margin is not allowed on pass-through expenses. Rate Manual Revision This application follows guidance in the 28-year-old rate manual. As mentioned in the original application submission letter, the rate manual is outdated and does not fairly consider current business practices. SCSS would like to reiterate its focus on working to revise the rate manual with the communities serviced in 2022. Conclusion tĞĂƉƉƌĞĐŝĂƚĞƚŚĞŝƚLJ͛ƐƚŝŵĞĂŶĚĐŽůůĂďŽƌĂƚŝŽŶŽŶƚhis rate application. We look forward to a continued partnership with the City of Arroyo Grande, and allowing SCSS to provide safe and reliable service that meets the ĐŽŵŵƵŶŝƚLJ͛ƐƐŽůŝĚǁĂƐƚĞ, recycling and organic collection needs. If you have any questions regarding our submittal, please feel to contact me at 805-748-8041. Sincerely, Jeffrey Clarin, P.E. District Manager South County Sanitation Services Waste Connections Page 340 of 340