CC 2022-05-24 Revised Agenda PackageCITY COUNCIL MEETING
REVISED AGENDA SUMMARY
Tuesday, May 24, 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
ARROYO GRANDE OPTIMIST INTERNATIONAL
5.AGENDA REVIEW
5.a.Closed Session Announcements
The City Attorney will announce reportable actions taken, if any, from the Special Meeting
of May 18, 2022:
a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code
Section 54957:
Title: City Manager
5.b.Ordinances read in title only
Move that all ordinances presented at the meeting shall be read by title only and all further
readings be waived.
6.SPECIAL PRESENTATIONS
6.a.Update Regarding Countywide COVID-19 Efforts
(McDONALD)
Recommended Action:
Receive update, accept public comments, discuss, and provide direction as necessary.
6.b.City Manager Communications
(McDONALD)
Recommended Action:
Receive correspondence/comments as presented by the City Manager and Provide
direction, as necessary.
6.c.Honorary Proclamation Declaring June 2022 as “Pride Month”
6.d.Honorary Proclamation Recognizing June 19, 2022 as "Juneteenth Day" in Arroyo Grande
*6.e.Honorary Proclamation Declaring June 3, 2022 as “Hunger Awareness 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
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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 April 16 through April 30,
2022.
8.b.Approval of Minutes
(MATSON)
Recommended Action:
Approve the minutes of the Regular City Council Meeting of May 10, 2022 and Special City
Council Meeting of May 18, 2022 as submitted.
8.c.Consideration of Resolutions for the 2022 General Municipal Election for the Election of
Certain Officers of the City
(MATSON)
Recommended Action:
1) Adopt a Resolution calling and giving notice of the holding of a General Municipal
Election to be held on Tuesday, November 8, 2022, for the election of certain officers of the
City; 2) Adopt a Resolution requesting the Board of Supervisors of the County of San Luis
Obispo to consolidate a General Municipal Election to be held on November 8, 2022; and 3)
Adopt a Resolution adopting regulations for candidates governing the submittal of a
Candidate Statement.
8.d.Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related
to the Coronavirus (COVID-19) Pandemic
(McDONALD/CARMEL)
Recommended Action:
Adopt a Resolution declaring a continued local emergency related to the Coronavirus
(COVID-19) pandemic.
8.e.Consideration of Authorizing the Display of the LGTBQ+ Pride Flag During the Month of
June 2022 at Heritage Square Park and at City Hall
(McDONALD)
Recommended Action:
Authorize the display of the Pride Flag during the month of June 2022 at Heritage Square
Park and at City Hall.
8.f.Consideration of Authorizing the Display of the Juneteenth Flag During the week of June
17-24, 2022 at City Hall
(McDONALD)
Recommended Action:
Authorize the display of the Juneteenth Flag for the week beginning on June 17 through
June 24, 2022, at City Hall.
8.g.Consideration of Adoption of a Resolution Approving the Second Amended and Restated
Joint Powers Agreement to Establish an Integrated Waste Management Authority for the
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Cities of San Luis Obispo County, California
(McDONALD/CARMEL)
Recommended Action:
Adopt a Resolution Approving the Second Amended and Restated Joint Powers Agreement
to Establish an Integrated Waste Management Authority for the Cities of San Luis Obispo
County, California (the “Second Amended JPA”).
8.h.Consideration of a Resolution Authorizing the Community Development Director to Submit
an Application for the ATP Cycle 6 Grant and Execute any Agreements for the Use of Grant
Funds for Implementation of the Halcyon Road Complete Streets Plan
(PEDROTTI)
Recommended Action:
Adopt a Resolution authorizing the Community Development Director to apply for the Active
Transportation Program Cycle 6 Grant and execute any agreements necessary for the use
of grant funds as approved in the future Council-approved CIP budget in effect at the time
the agreements are signed.
8.i.Monthly Water Supply and Demand Update
(ROBESON)
Recommended Action:
Receive and file the monthly Water Supply and Demand Report.
9.PUBLIC HEARINGS
9.a.Public Hearing to Consider a Resolution Levying an Annual Assessment for the Arroyo
Grande Tourism Business Improvement District (AGTBID)
(McDONALD)
Recommended Action:
1) Conduct a public hearing to receive testimony regarding the City Council’s intention to
continue the AGTBID and levy an annual assessment for Fiscal Year 2022-23; 2)
Determine whether a legally sufficient number of protests have been made; and 3) If a
legally sufficient protest is not made, adopt a Resolution levying an annual assessment for
the AGTBID for FY 2022-23.
9.b.Discuss and Consider Introduction of an Ordinance Amending Title 16 of the Arroyo Grande
Municipal Code to Implement Senate Bill 9; Development Code Amendment 21-002;
Location – Citywide
(PEDROTTI)
Recommended Action:
Introduce an Ordinance establishing regulations for projects proposed under the provisions
of SB 9.
9.c.Consideration of 5-Year Review of Local Sales Tax
(VALENTINE)
Recommended Action:
Conduct the public hearing, receive and file the 5-year report covering the period of July
2016 through June 2021, and approve continuation of the local sales tax.
Page 4 of 386
10.OLD BUSINESS
None.
11.NEW BUSINESS
11.a.Discussion and Consideration of the 5-Year Capital Improvement Program and 5-Year
Local Sales Tax Fund Expenditure Program
(VALENTINE)
Recommended Action:
It is recommended the City Council provide direction on priorities for the CIP as well as
expenditures funded by the Local Sales Tax Fund for the upcoming 5-year programs.
11.b.Consideration of Placing a Local Transactions and Use Tax (“Sales Tax”) Measure on the
November 8, 2022 Ballot
(McDONALD)
Recommended Action:
1) Adopt the proposed Resolution ordering the submission to the qualified electors of the
City a measure relating to the establishment of a local transactions and use tax
(hereinafter referred to as a "sales tax") at the General Municipal Election to be held on
Tuesday, November 8, 2022, as called by Resolution; 2) Introduce the proposed
Ordinance adding Chapter 3.23 to Title 3 of the Arroyo Grande Municipal Code regarding
a transactions and use tax; 3) Adopt the proposed Resolution setting priorities for filing a
written argument regarding a City measure and directing the City Attorney to prepare an
impartial analysis of the measure; 4) Adopt the proposed Resolution providing for the filing
of rebuttal arguments for City measures submitted at municipal elections; and 5) Approve
the argument to be submitted in favor of the measure.
12.CITY COUNCIL REPORTS
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 5 of 386
12.d.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
12.e.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
13.COUNCIL COMMUNICATIONS
Any Council Member may ask a question for clarification, make an announcement, or report briefly
on his or her activities. In addition, subject to Council policies and procedures, Council Members
may request staff to report back to the Council at a subsequent meeting concerning any matter or
request that staff place a matter of business on a future agenda. Any request to place a matter of
business for original consideration on a future agenda requires the concurrence of at least one other
Council Member.
14.CLOSED SESSION
None.
15.ADJOURNMENT
All staff reports or other written documentation, including any supplemental material distributed to a
majority of the City Council within 72 hours of a regular meeting, relating to each item of business on
the agenda are available for public inspection during regular business hours in the City Clerk’s office,
300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in
appropriate alternative formats to persons with a disability, as required by the Americans with
Disabilities Act. To make a request for disability-related modification or accommodation, contact the
Legislative and Information Services Department at 805-473-5400 as soon as possible and at least
48 hours prior to the meeting date.
This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda
reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you
would like to subscribe to receive email or text message notifications when agendas are posted, you
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.
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Item 6.c.Page 7 of 386
Item 6.d.Page 8 of 386
Item 6.e.Page 9 of 386
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: May 24, 2022
SUMMARY OF ACTION:
Review and ratify cash disbursements.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is a $1,210,582.15 fiscal impact that includes the following items:
Accounts Payable Checks $839,802.94
Payroll & Benefit Checks $370,779.21
RECOMMENDATION:
Ratify the attached listing of cash disbursements for the period of April 16 through April
30, 2022.
BACKGROUND:
Cash disbursements are made weekly based on the submission of all required documents
supporting the invoices submitted for payment. Prior to payment, Administrative Services
staff reviews all disbursement documents to ensure that they meet the approval
requirements adopted in the Municipal Code and the City’s Purchasing Policies and
Procedures Manual.
ANALYSIS OF ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY 2021 -22
budget.
Page 10 of 386
Item 8.a.
City Council
Consideration of Cash Disbursement Ratification
May 24, 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. April 16 – April 30, 2022 – Accounts Payable Check Register
2. April 22, 2022 – Payroll and Benefit Check Registers
Page 11 of 386
CITY OF ARROYO GRANDECHECK LISTINGAPRIL 16 -APRIL 30, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name1 04/21/2022 293585 $ 50.00 FILING FEE-NOTICE OF EXEMPTION 010.4002.5201 SLO COUNTY CLERK-RECORDER2 04/22/2022 293586 240.00 CREEK SAMPLING 010.4301.5303 ABALONE COAST ANALYTICAL INC3 04/22/2022 293587 6,454.50 UPGRADE DUTY PISTOLS WITH RDS 271.4202.6201 ADAMSON INDUSTRIES, INC4 04/22/2022 293587 500.23 SALES TAX 271.4202.6201 ADAMSON INDUSTRIES, INC5 04/22/2022 293588 499.63 PEACE OFFICER MEMORIAL SUPPLIES 010.4201.5201 AMAZON CAPITAL SERVICES6 04/22/2022 293588 111.29 SPIC & SPAN CLEANER 010.4213.5604 AMAZON CAPITAL SERVICES7 04/22/2022 293588 150.70 BATHROOM SIGNS 010.4420.5605 AMAZON CAPITAL SERVICES8 04/22/2022 293588 759.33 FEBCO PRESSURE REDUCERS 010.4420.5605 AMAZON CAPITAL SERVICES9 04/22/2022 293588 348.96 TRASH BAGS 220.4303.5613 AMAZON CAPITAL SERVICES10 04/22/2022 293588 204.87 OFFICE SUPPLIES 640.4710.5201 AMAZON CAPITAL SERVICES11 04/22/2022 293588 112.57 PATROL SUPPLIES-BATTERIES 010.4203.5255 AMAZON CAPITAL SERVICES12 04/22/2022 293589 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES13 04/22/2022 293589 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES14 04/22/2022 293589 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES15 04/22/2022 293589 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES16 04/22/2022 293589 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES17 04/22/2022 293589 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES18 04/22/2022 293589 13.47 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES19 04/22/2022 293590 198.33 ACCT#23845101839190 RADIO 010.4145.5403 AT & T20 04/22/2022 293590 33.97 ACCT#23584139568063 ALARM 220.4303.5303 AT & T21 04/22/2022 293591 296.98 B-409 A/C RECHARGE 010.4212.5601 BACK ON THE ROAD AUTOMOBILE22 04/22/2022 293591 1,178.94 P-17 SPARK PLUGS, WHEEL SEAL, BRAKES 010.4420.5601 BACK ON THE ROAD AUTOMOBILE23 04/22/2022 293591 327.81 PD-4607 REPAIR 010.4203.5601 BACK ON THE ROAD AUTOMOBILE24 04/22/2022 293591 531.50 PD-4603 REPAIR & OIL CHG 010.4203.5601 BACK ON THE ROAD AUTOMOBILE25 04/22/2022 293592 66.64 PW-6 BATTERY 220.4303.5603 BATTERY SYSTEMS26 04/22/2022 293593 3,179.23 FLEET TIRE STOCK 010.4203.5601 BIG BRAND TIRE CO.27 04/22/2022 293594 30.00 CAR WASH PD ADMIN 010.4201.5601 BOB'S EXPRESS WASH28 04/22/2022 293594 34.00 CAR WASH-PD ADMIN 010.4201.5601 BOB'S EXPRESS WASH29 04/22/2022 293594 22.00 CAR WASH ENG. PW8, PW4010.4301.5601 BOB'S EXPRESS WASH30 04/22/2022 293594 20.00 CAR WASH-ENG PW8, PW4010.4301.5601 BOB'S EXPRESS WASH31 04/22/2022 293594 37.00 CAR WASH-PW61, PW16, PW22220.4303.5601 BOB'S EXPRESS WASH32 04/22/2022 293594 12.00 CAR WASH PW14, PW10, PW44, PW6 612.4610.5601 BOB'S EXPRESS WASH33 04/22/2022 293594 33.00 CAR WASH PW14, PW10, PW44, PW6 640.4712.5601 BOB'S EXPRESS WASH34 04/22/2022 293594 324.00 CAR WASH- PD PATROL 010.4203.5601 BOB'S EXPRESS WASH35 04/22/2022 293594 451.00 CAR WASH-PD PATROL 010.4203.5601 BOB'S EXPRESS WASH36 04/22/2022 293594 62.00 CAR WASH-PD SUPPORT SVCS010.4204.5601 BOB'S EXPRESS WASH37 04/22/2022 293594 34.00 CAR WASH-PD SUPPORT SVCS010.4204.5601 BOB'S EXPRESS WASH38 04/22/2022 293595 50.00 PARK DEPOSIT REFUND-HERITAGE SQUARE 010.0000.2206 BOND REAL ESTATE GROUPPage 12 of 386
CITY OF ARROYO GRANDECHECK LISTINGAPRIL 16 -APRIL 30, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name39 04/22/2022 293596 $ 53.34 BUSINESS CARDS-ASSOCIATE ENGINEER 010.4301.5201 BOONE PRINTING & GRAPHICS INC40 04/22/2022 293596 1,595.87 PATROL SUPPLIES-NOTICE TO APPEAR010.4203.5255 BOONE PRINTING & GRAPHICS INC41 04/22/2022 293597 30,200.54 BPR BUILDING DEPT 010.4212.5303 BPR CONSULTING GROUP LLC42 04/22/2022 293597 26,322.56 BPR BUILDING DEPT 010.4212.5303 BPR CONSULTING GROUP LLC43 04/22/2022 293598 96.00 PEST CONTROL: WOMENS CLUB 010.4213.5303 BREZDEN PEST CONTROL, INC44 04/22/2022 293598 136.00 PEST CONTROL: REC DEPT 010.4213.5303 BREZDEN PEST CONTROL, INC45 04/22/2022 293599 1,175.00 TUITION REIMBURSEMENT 010.4201.5502 JEREMY BURNS46 04/22/2022 293600 254.00 1/22-3/22 DIESEL FUEL TAX RETURN010.0000.1202 CA DEPT OF TAX & FEE ADMIN47 04/22/2022 293601 617.04 1/22-3/22 SMIP 010.0000.2208 CA ST DEPT OF CONSERVATION48 04/22/2022 293601 (30.85) ADMIN FEE-SMIP 1/22-3/22 010.0000.4801 CA ST DEPT OF CONSERVATION49 04/22/2022 293602 144.00 1/22-3/22 STATE GREEN BLDG STD FEE 010.0000.2223 CALIFORNIA BUILDING STANDARDS50 04/22/2022 293602 (14.40) LOCAL RETAINER 1/22-3/22 STATE GREEN BLDG STD FEE 010.0000.2223 CALIFORNIA BUILDING STANDARDS51 04/22/2022 293603 175.00 REGISTRATION FOR HUMAN RESOURCES 010.4120.5501 CALIFORNIA JPIA52 04/22/2022 293604 500.00 CAFR STATS-DIRECT & OVERLAPPING DEBT010.4145.5303 CALIFORNIA MUNICIPAL53 04/22/2022 293605 156.00 CVT-21-10336 AGPD 2101984 010.4204.5324 CENTRAL VALLEY TOXICOLOGY INC54 04/22/2022 293606 987.20 ACCT#8245100960223598 PD DARK 010.4145.5401 CHARTER COMMUNICATIONS55 04/22/2022 293607 1,625.00 LASERFICHE SUPPORT RENEWAL 5/22-5/23010.4204.5607 COMPLETE PAPERLESS SOLUTIONS56 04/22/2022 293608 1,813.35 ADMIN/SIPPORT FLEET UPFITTING 010.4201.5601 DANA SAFETY SUPPLY57 04/22/2022 293609 354.35 KYOCERA COPIER LEASE PMYT 04/22 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS58 04/22/2022 293609 354.35 KYOCERA COPIER LEASE PMYT 05/22 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS59 04/22/2022 293610 8,000.00 GASB 87 DEBTBOOK SUBSCRIPTION 010.4120.5303 DEBTBOOK60 04/22/2022 293611 196.00 REFUND-BASKETBALL CAMP (2) 010.0000.4605 BONNIE DEPAULO61 04/22/2022 293612 372.59 METRO INTERNET CIRCUIT 010.4140.5303 DIGITAL WEST NETWORKS INC62 04/22/2022 293612 372.59 METRO INTERNET CIRCUIT 010.4140.5303 DIGITAL WEST NETWORKS INC63 04/22/2022 293612 372.59 METRO INTERNET CIRCUIT 010.4140.5303 DIGITAL WEST NETWORKS INC64 04/22/2022 293613 9,270.00 ANNUAL RENEWAL LASERFICHE LICENSING 010.4140.5303 ECS IMAGING, INC.65 04/22/2022 293614 587.50 CASTILLO DEL MAR ROADWAY EXTENSION 350.5678.7301 EIKHOF DESIGN GROUP66 04/22/2022 293614 5,191.20 DESIGN SVCS FOR THE ELM ST PARK PLAYSTRUCTURE 350.5564.7501 EIKHOF DESIGN GROUP67 04/22/2022 293615 379,387.72 2021 STREET REPAIRS PROJECT 350.5638.7001 FERRAVANTI GRADING & PAVING68 04/22/2022 293616 48.00 PD-4605 TIRE MOUNTING, BALANCING 010.4203.5601 FIGUEROA'S TIRES69 04/22/2022 293616 96.00 PD-4608 TIRE MOUNTING, BALANCING 010.4203.5601 FIGUEROA'S TIRES70 04/22/2022 293617 120.25 (6) PADLOCKS 010.4301.5255 FRANK'S LOCK & KEY71 04/22/2022 293618 34,492.50 DESIGN PEDESTRIAN CROSSING IMPROVEMENTS 350.5607.7501 GHD INC72 04/22/2022 293619 1,439.86 01/22-03/22 CJIS SYSTEM ACCESS 010.4204.5606 GSA-INFORMATION TECH73 04/22/2022 293620 190.00 IACP MEMBERSHIP 010.4201.5503 IACP - INTL ASSN OF CHIEFS74 04/22/2022 293621 412.50 BUILDING DIVISON SERVICES-ADDITIONAL AMOUNT 010.4212.5303 INTERWEST CONSULTING GROUP75 04/22/2022 293622 145.65 FUEL-PD4620 & PD-4621 010.4203.5608 JB DEWAR, INC76 04/22/2022 293622 150.88 FUEL PD-4620 PD-4621 010.4203.5608 JB DEWAR, INCPage 13 of 386
CITY OF ARROYO GRANDECHECK LISTINGAPRIL 16 -APRIL 30, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name77 04/22/2022 293623 $ 380.00 PICKLEBALL CLINIC 04/10/22 010.4424.5351 PRINCESS LEONG78 04/22/2022 293624 757.38 SHORETEL PHONE CHARGES - CITY HALL 010.4145.5403LEVEL 3 COMMUNICATIONS LLC79 04/22/2022 293624 757.38 SHORETEL PHONE CHARGES - AGPD 010.4201.5403LEVEL 3 COMMUNICATIONS LLC80 04/22/2022 293625 275.00 ONGOING MAP CHECKING SERVICES 010.4301.5303 MNS ENGINEERS INC81 04/22/2022 293625 343.75 ONGOING MAP CHECKING SERVICES 010.4301.5303 MNS ENGINEERS INC82 04/22/2022 293625 1,125.00 ONGOING MAP CHECKING SERVICES 010.4301.5303 MNS ENGINEERS INC83 04/22/2022 293626 175.00 REFUND-SCIENCE CAMP 010.0000.4605 HATTIE MOORE84 04/22/2022 293626 15.00 REFUND-SCIENCE CAMP 010.0000.4605 HATTIE MOORE85 04/22/2022 293627 550.38 COMMUNICATIONS-MOTORCYCLE RADIO 010.4204.5606 NICK'S TELECOM86 04/22/2022 293627 70.00 COMMUNICATIONS- MOTORCYCLE RADIO 010.4204.5606 NICK'S TELECOM87 04/22/2022 293628 126.43 OFFICE SUPPLIES-MARKERS, TONER 010.4421.5201 OFFICE DEPOT88 04/22/2022 293628 55.04 OFFICE SUPPLIES-BATTERIES, POST-ITS 010.4421.5201 OFFICE DEPOT89 04/22/2022 293628 (18.99) CREDIT-RETURN BATTERIES 010.4421.5201 OFFICE DEPOT90 04/22/2022 293628 23.06 BATTERIES, WALL HANGER 010.4421.5201 OFFICE DEPOT91 04/22/2022 293629 588.26 PRINTER CARTRIDGES (4) 010.4421.5602 OFFICE192 04/22/2022 293629 153.01 PRINTER CARTRIDGE 010.4421.5602 OFFICE193 04/22/2022 293630 79.38 COPIER MAINT CONTRACT OVERAGE 010.4204.5602 OFFICE194 04/22/2022 293631 6.32 DELIVERY CHARGES 010.4201.5208 ON TRAC95 04/22/2022 293632 45.00 PRE-E,PLOYMENT MEDICAL TESTING 010.4425.5315 PACIFIC CENTRAL COAST HEALTH96 04/22/2022 293632 85.00 PRE-EMPLOYMENT MEDICAL TESTING 640.4712.5315 PACIFIC CENTRAL COAST HEALTH97 04/22/2022 293633 300.00 03/22 K-RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA98 04/22/2022 293633 181.48 K-RAIL RETURN-RED DIRT COFFEE 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA99 04/22/2022 293634 414.21 COPY PAPER-6 CASES 010.4421.5201PAPER CONNECTION100 04/22/2022 293635 32.50 UNIFORM CLEANING-PD ADMIN 010.4201.5303 PARAMOUNT CLEANERS101 04/22/2022 293635 424.25 UNIFORM CLEANING-PD PATROL SVCS 010.4203.5303 PARAMOUNT CLEANERS102 04/22/2022 293635 80.50 UNIFORM CLEANING-PD SUPPORT SVCS 010.4204.5303 PARAMOUNT CLEANERS103 04/22/2022 293636 119.95 04/22 WIFI SVC HUBNER SITE 010.4201.5403PEAKWIFI LLC104 04/22/2022 293637 5.38 COUNCIL CHAMBERS WATER 010.4213.5303 READYREFRESH BY NESTLE105 04/22/2022 293638 15.00 REVERSE OSMOSIS RENTAL: 03/22 010.4201.5303 RICHETTI COMPLETE WATER106 04/22/2022 293639 597.45 PROP & EVIDENCE REFRIGERATOR REPAIR 010.4204.5603 RUFFONI'S SERVICES INC107 04/22/2022 293640 195.00 SUCCESSOR AGENCY LEGAL SVCS 286.4103.5303 RUTAN & TUCKER, LLP108 04/22/2022 293640 2,184.00 SUCCESSOR AGENCY LEGAL SVCS 286.4103.5303 RUTAN & TUCKER, LLP109 04/22/2022 293641 5,526.00 EMERGENCY GENERATOR FOR FCFA 350.5473.7501 SALAS O'BRIEN110 04/22/2022 293642 51.96 GAS SERVICES-200 N HALCYON 010.4145.5401 SOCALGAS111 04/22/2022 293642 14.30 GAS SERVICES-350 S ELM 010.4145.5401 SOCALGAS112 04/22/2022 293642 127.68 GAS SERVICES-1375 ASH ST 010.4145.5401 SOCALGAS113 04/22/2022 293643 3,500.00 TBID ADMIN FEE 240.4150.5303 SOUTH COUNTY CHAMBERS114 04/22/2022 293644 190.00 REFUND-SCIENCE CAMP 010.0000.4605 AMANDA STALLINGSPage 14 of 386
CITY OF ARROYO GRANDECHECK LISTINGAPRIL 16 -APRIL 30, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name115 04/22/2022 293645 $ 31.79 CAR WASHES B-409 010.4212.5601 SUNSET NORTH CAR WASH116 04/22/2022 293646 346.22 UNIFORMS-EARNEST 010.4203.5272 TEMPLETON UNIFORMS117 04/22/2022 293646 17.00 UNIFORMS-DONOVAN ALTERATIONS 010.4203.5272 TEMPLETON UNIFORMS118 04/22/2022 293647 262.00 COUNCIL CHAMBER AED BATTERY EXCHANGE 010.4001.5201 U.S. BANK119 04/22/2022 293647 151.38 MEETING SUPP-STARBUCKS, JAFFA, BRANCH ST DELI 010.4101.5201 U.S. BANK120 04/22/2022 293647 2.50 PARKING-PISMO BEACH 010.4101.5201 U.S. BANK121 04/22/2022 293647 25.00 CHAMBER BREAKFAST - MCDONALD 010.4101.5501 U.S. BANK122 04/22/2022 293647 1,600.09 (3) VARIDESK SIT/STAND DESKS 010.4120.5201 U.S. BANK123 04/22/2022 293647 619.18 CSMFO CONFERENCE LODGING, MEALS 010.4120.5501 U.S. BANK124 04/22/2022 293647 15.41 CSMFO CONFERENCE-FOOD 010.4120.5501 U.S. BANK125 04/22/2022 293647 525.00 CEQA WORKSHOP- ASSOC OF ENVIRO PROFESSIONALS 010.4130.5501 U.S. BANK126 04/22/2022 293647 528.85 ZOOM-DEPT/PUBLIC MEETINGS 010.4140.5303 U.S. BANK127 04/22/2022 293647 1.37 SECURE CONFERENCE 010.4140.5303 U.S. BANK128 04/22/2022 293647 49.70 AUTHORIZE.NET CHRGS 010.4145.5555 U.S. BANK129 04/22/2022 293647 915.40 OFFICE SUPPLIES-TONERS 010.4201.5201 U.S. BANK130 04/22/2022 293647 37.99 KITCHEN SUPPLIES 010.4201.5255 U.S. BANK131 04/22/2022 293647 526.09 UNIFORMS/EQUIPMENT 010.4201.5272 U.S. BANK132 04/22/2022 293647 2,090.20 TRAINING-DEPT MEETING, TRAVEL, LODGING 010.4201.5501 U.S. BANK133 04/22/2022 293647 145.00 MEMBERSHIP-CPCA 010.4201.5503 U.S. BANK134 04/22/2022 293647 876.59 PROMOTIONAL ITEMS 010.4201.5504 U.S. BANK135 04/22/2022 293647 22.60 BLDG MAINT-CARPET CLEANING SOL 010.4201.5604 U.S. BANK136 04/22/2022 293647 111.37 FUEL 010.4201.5608 U.S. BANK137 04/22/2022 293647 34.65 VONS-MEETING SUPPLIES 010.4301.5201 U.S. BANK138 04/22/2022 293647 95.00 OWP-QSD RENEWAL 010.4301.5503 U.S. BANK139 04/22/2022 293647 3,060.08 COMPETITIVE EDGE-BASKETBALL BACKBOARDS 010.4420.5255 U.S. BANK140 04/22/2022 293647 347.18 AMAZON-NITRIL GLOVES 010.4420.5605 U.S. BANK141 04/22/2022 293647 230.55 PAYPAL-ORCHARD LADDER 010.4420.5605 U.S. BANK142 04/22/2022 293647 7.75 OFFICE MAX-SHELF 010.4420.5605 U.S. BANK143 04/22/2022 293647 14.13 STAFF WELCOME-VONS 010.4421.5255 U.S. BANK144 04/22/2022 293647 113.47 STAFF MEETING-ME N Z'S 010.4421.5501 U.S. BANK145 04/22/2022 293647 25.00 CHAMBER BREAKFAST - BOHLKEN 010.4421.5501 U.S. BANK146 04/22/2022 293647 650.65 CONFERENCE-LODGING, PARKING, GAS, MEAL 010.4421.5501 U.S. BANK147 04/22/2022 293647 125.00 PEACHJAR-ONLINE ADV CLASSES 010.4421.5504 U.S. BANK148 04/22/2022 293647 57.64 CAREER FAIR-SMART & FINAL 010.4421.5504 U.S. BANK149 04/22/2022 293647 219.84 AMAZON-LAMINATOR 010.4421.6001 U.S. BANK150 04/22/2022 293647 (67.12) OFFICE DEPOT-CREDIT FOR RETURN OF LAMINATOR 010.4421.6001 U.S. BANK151 04/22/2022 293647 45.89 PRESCHOOL SUPPLIES 010.4423.5253 U.S. BANK152 04/22/2022 293647 222.25 SUMMER PRESCHOOL 010.4423.5254 U.S. BANKPage 15 of 386
CITY OF ARROYO GRANDECHECK LISTINGAPRIL 16 -APRIL 30, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name153 04/22/2022 293647 $ 70.75 PICKLEBALL EVENT-TRIBE, GOLDEN DONUT 010.4424.5251 U.S. BANK154 04/22/2022 293647 8.37 PICKLBALL LOCK KEYS-AG HOME & GARDEN 010.4424.5251 U.S. BANK155 04/22/2022 293647 261.83 BURDINE PRINTING-MEET THE MACHINES POSTERS 010.4424.5252 U.S. BANK156 04/22/2022 293647 360.17 EGG HUNT SUPPLIES-AMAZON, SMART & FINAL 010.4424.5252 U.S. BANK157 04/22/2022 293647 275.00 PEACHJAR-ONLINE ADV EGG HUNT & BUNNYGRAMS 010.4424.5252 U.S. BANK158 04/22/2022 293647 220.27 FUN EXPRESS EGG HUNT 010.4424.5252 U.S. BANK159 04/22/2022 293647 82.81 SPECIAL EVENTS-EGG HUNT 010.4424.5252 U.S. BANK160 04/22/2022 293647 16.14 BIG 5- ADULT BASKETBALL SUPPLIES 010.4424.5257 U.S. BANK161 04/22/2022 293647 412.99 TOP SHOP-ADULT SOFTBALL SHIRTS 010.4424.5257 U.S. BANK162 04/22/2022 293647 68.96 CLASSES-RESISTANCE BANDS 010.4424.5351 U.S. BANK163 04/22/2022 293647 536.83 SCHOOL YEAR SUPPLIES 010.4425.5255 U.S. BANK164 04/22/2022 293647 445.78 SNACK SUPPLIES 010.4425.5259 U.S. BANK165 04/22/2022 293647 99.00 CONTRACT SVCS-CERTIFICATION TRAINING 010.4425.5303 U.S. BANK166 04/22/2022 293647 10.00 FUEL-VONS 220.4303.5608 U.S. BANK167 04/22/2022 293647 86.96 DMV PERMIT FEE-GARRITY 612.4610.5501 U.S. BANK168 04/22/2022 293647 100.00 DMV PHYSICAL-GARRITY 612.4610.5501 U.S. BANK169 04/22/2022 293647 183.63 PIZZA FOR STAFF 640.4712.5255 U.S. BANK170 04/22/2022 293647 25.00 CHAMBER BREAKFAST - ROBESON 010.4307.5501 U.S. BANK171 04/22/2022 293647 15.07 RANGE SUPPLIES 010.4203.5255 U.S. BANK172 04/22/2022 293647 1,504.83 RANGE SUPPLIES & TARGETS 010.4203.5255 U.S. BANK173 04/22/2022 293647 258.57 PEPPERBALL PRACTICE PROJECTILES 010.4203.5255 U.S. BANK174 04/22/2022 293647 209.20 PATROL SUPPLIES-SUBSTANCE TESTS 010.4203.5255 U.S. BANK175 04/22/2022 293647 346.21 FUEL 010.4203.5608 U.S. BANK176 04/22/2022 293647 27.35 FUEL 010.4203.5608 U.S. BANK177 04/22/2022 293647 152.36 FUEL 010.4203.5608 U.S. BANK178 04/22/2022 293647 1,800.00 UNIFORMS-ARCON GI (24) 010.4204.5272 U.S. BANK179 04/22/2022 293647 149.00 TRAINING-REGISTRATION TUITION 010.4204.5501 U.S. BANK180 04/22/2022 293647 2,530.78 TRAINING LODGING, REGISTRATION 010.4204.5501 U.S. BANK181 04/22/2022 293647 1,181.00 TRAINING TUITION 010.4204.5501 U.S. BANK182 04/22/2022 293647 18.11 COFFEE W/ COP -TRIBE 010.4204.5501 U.S. BANK183 04/22/2022 293647 533.10 TRAINING-LODGING 010.4204.5501 U.S. BANK184 04/22/2022 293647 52.77 TRAINING SUPPLIES -ARCON 010.4204.5501 U.S. BANK185 04/22/2022 293647 2,304.55 TRAINING LODGING 010.4204.5501 U.S. BANK186 04/22/2022 293647 5.00 TRAINING-DRONE REGISTRATION 010.4204.5501 U.S. BANK187 04/22/2022 293647 874.30 TRAINING-LODGING 010.4204.5501 U.S. BANK188 04/22/2022 293647 149.00 TRAINING REGISTRATION TUITION 010.4204.5501 U.S. BANK189 04/22/2022 293647 964.30 TRAINING-LODGING 010.4204.5501 U.S. BANK190 04/22/2022 293647 149.00 TRAINING-REGISTRATION TUITION 010.4204.5501 U.S. BANKPage 16 of 386
CITY OF ARROYO GRANDECHECK LISTINGAPRIL 16 -APRIL 30, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name191 04/22/2022 293647 $ 75.00 TLO-INVESTIGATIVE SVCS 010.4204.5607 U.S. BANK192 04/22/2022 293647 48.92 COVID SUPPLIES 010.4919.5255 U.S. BANK193 04/22/2022 293647 51.49 SLO CLERK RECORDER FILING FEE-CENTRAL COAST 640.5975.7501 U.S. BANK194 04/22/2022 293647 612.17 OFFICE EQUIPMENT- 2 TVS 010.4201.5701 U.S. BANK195 04/22/2022 293647 8.98 MEETING SUPPLIES 010.4101.5504 U.S. BANK196 04/22/2022 293648 273.44 ACCT#472480460-00002 CITY IPAD 010.4145.5403 VERIZON WIRELESS197 04/22/2022 293648 949.14 ACCT#208620661-00002 PD DEPT CELL PHONES 010.4201.5403 VERIZON WIRELESS198 04/22/2022 293649 1,529.45 REMOVE& REPLACE URINAL-RANCHO GRANDE PARK 010.4213.5303 WATERBOYS PLUMBING199 04/22/2022 293649 276.15 URINAL REPAIR-SHORT ST RESTROOM 010.4213.5303 WATERBOYS PLUMBING200 04/22/2022 293650 519.21 COPY MACH LEASE PYMT010.4201.5803 WELLS FARGO VENDOR FINANCIAL201 04/22/2022 293651 227.08 03/09 REPLACE GREEN BALL TRAFFIC WAY & E BRANCH 220.4303.5303 LEE WILSON ELECTRIC COMPANY INC202 04/22/2022 293651 1,440.00 02/22 SIGNAL MAINT 12 INTERSECTIONS 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC203 04/22/2022 293651 60.00 OAK PARK & JAMES WAY 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC204 04/22/2022 293651 60.00 OAK PARK & EL CAMINO REAL 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC205 04/22/2022 293651 75.00 OAK PARK & W BRANCH 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC206 04/22/2022 293652 3,153.50 04/22 POLICE DEPT DUES 011.0000.2116 ARROYO GRANDE POLICE ASSN207 04/22/2022 293653 39,214.01 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE208 04/22/2022 293653 47,600.04 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE209 04/22/2022 293653 11,683.82 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE210 04/22/2022 293654 15,673.68 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT211 04/22/2022 293654 2,092.99 CASDI: Payment011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT212 04/22/2022 293655 695.52 DEPT OF CHILD SUPPORT SERVICES 011.0000.2114 CA STATE DISBURSEMENT UNIT213 04/22/2022 293656 15.00 FIRE ASSN DUES: Payment 011.0000.2115 FIVE CITIES FIREFIGHTERS ASSOC214 04/22/2022 293657 3,360.00 AG CAREER FIREFIGHTERS ASSN DUE: Payment 011.0000.2115 FIVE CITIES PROF. FIREFIGHTERS215 04/22/2022 293658 3,458.76 DEFERRED COMPENSATION - EE %: 011.0000.2117 ICMA RETIREMENT CORP216 04/22/2022 293658 11,538.65 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP217 04/22/2022 293658 866.66 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP218 04/22/2022 293658 275.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP219 04/22/2022 293659 77.75 04/22 PRE-PAID LEGAL SERVICES:Payment 011.0000.2125 LEGALSHIELD220 04/22/2022 293660 1,174.02 04/22 SEIU DUES: Payment 011.0000.2118 S.E.I.U. LOCAL 620221 04/22/2022 293661 1,404.75 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA222 04/29/2022 293662 838.96 04/22 SUPPLEMENTAL INSURANCE 011.0000.2126 AFLAC INSURANCE223 04/29/2022 293663 29,524.48 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT224 04/29/2022 293663 48,773.77 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT225 04/29/2022 293663 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT226 04/29/2022 293663 1,283.71 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT227 04/29/2022 293663 259.69 PERS BUYBACK - PRE TAX: Payment 011.0000.2106 PERS - RETIREMENT228 04/29/2022 293663 (0.03) ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENTPage 17 of 386
CITY OF ARROYO GRANDECHECK LISTINGAPRIL 16 -APRIL 30, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name229 04/29/2022 293664 $ 33.00 WELL #8 BACTI TEST 640.4710.5310 ABALONE COAST ANALYTICAL INC230 04/29/2022 293665 139.00 REFUND-BASKETBALL CAMP010.0000.4605 SHAWNA ALLAN231 04/29/2022 293666 142.67 PRESCHOOL SUPPLIES 010.4423.5253 AMAZON CAPITAL SERVICES232 04/29/2022 293666 1,134.12 SPECIAL EVENT SUPPLIES-EGG HUNT 010.4424.5252 AMAZON CAPITAL SERVICES233 04/29/2022 293666 484.96 SCHOOL YEAR SUPPLIES 010.4425.5255 AMAZON CAPITAL SERVICES234 04/29/2022 293667 27.45 PURCHASE REPLACEMENT PARTS FOR WATER METERS 640.4712.5611 AQUA-METRIC SALES CO(DBA)235 04/29/2022 293667 68.81 PURCHASE REPLACEMENT PARTS FOR WATER METERS 640.4712.5611 AQUA-METRIC SALES CO(DBA)236 04/29/2022 293668 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES237 04/29/2022 293668 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES238 04/29/2022 293668 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES239 04/29/2022 293668 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES240 04/29/2022 293668 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES241 04/29/2022 293668 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES242 04/29/2022 293668 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES243 04/29/2022 293668 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES244 04/29/2022 293668 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES245 04/29/2022 293668 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES246 04/29/2022 293668 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES247 04/29/2022 293668 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES248 04/29/2022 293668 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES249 04/29/2022 293668 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES250 04/29/2022 293668 13.47 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES251 04/29/2022 293668 13.47 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES252 04/29/2022 293669 9.80 PARKS MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES253 04/29/2022 293670 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 MARGARITA AYALA254 04/29/2022 293671 158.99 BATTERY- TRASH PUMP 220.4303.5603 BATTERY SYSTEMS255 04/29/2022 293672 100.00 05/18 EMPLOYEE TRAINING 010.4203.5501 BEHAVIORAL ANALYSIS TRAINING256 04/29/2022 293672 575.00 05/02-05/06 EMPLOYEE TRAINING 010.4203.5501 BEHAVIORAL ANALYSIS TRAINING257 04/29/2022 293673 53.34 BUSINESS CARDS- S ALVAREZ 010.4102.5255 BOONE PRINTING & GRAPHICS INC258 04/29/2022 293674 64.00 FINGERPRINT/LIVESCAN -REC 010.4425.5316 CA ST DEPT OF JUSTICE259 04/29/2022 293674 32.00 FINGERPRINT/LIVESCAN-PW WATER 640.4710.5316 CA ST DEPT OF JUSTICE260 04/29/2022 293674 186.00 FINGERPRINT/LIVESCANS-PD 010.4204.5329 CA ST DEPT OF JUSTICE261 04/29/2022 293675 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 MARIA CAMACHO262 04/29/2022 293676 10.70 PW-60 OIL PAN 640.4712.5255 CARQUEST AUTO PARTS263 04/29/2022 293676 21.35 PW-51 CLEANER/DEGREASER 640.4712.5255 CARQUEST AUTO PARTS264 04/29/2022 293677 180.27 ACCT#8245100960223572 PD TV 010.4145.5401 CHARTER COMMUNICATIONS265 04/29/2022 293677 736.80 ACCT#8245100960211288 PW DARK 010.4145.5401 CHARTER COMMUNICATIONS266 04/29/2022 293677 327.16 ACCT#8245100960216667 WOMENS CENTER 010.4145.5401 CHARTER COMMUNICATIONSPage 18 of 386
CITY OF ARROYO GRANDECHECK LISTINGAPRIL 16 -APRIL 30, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name267 04/29/2022 293678 $ 200.00 WASHING MACHINE REBATE 226.4306.5554 LINDA DRUMMY268 04/29/2022 293679 250.00 INVEST INTERVIEW & INTERR. PER DIEM010.4203.5501 ELI ESPARZA269 04/29/2022 293680 7.00 CA 1528836 03/08/22 010.4421.5501 FASTRAK270 04/29/2022 293681 34.50 CA 1528836 03/08/22 010.4421.5501 FASTRAK271 04/29/2022 293682 975.00 SURVEYING SERVICES 010.4301.5303 GARING TAYLOR & ASSOCIATES INC272 04/29/2022 293683 2,286.25 HALCYON COMPLETE STREETS 010.4301.5303 GHD INC273 04/29/2022 293684 5,844.98 PREPARE 2021 ANNUAL REPORT 640.4710.5303 GSI WATER SOLUTIONS274 04/29/2022 293685 154.44 REIMBURSE MILEAGE D-1 EXAM IN BAKERSFIELD 640.4712.5501CHRIS HANSON275 04/29/2022 293686 50.00 PARK DEPOSIT REFUND-HERITAGE SQUARE 010.0000.2206 HARVEST CHURCH276 04/29/2022 293687 1,012.00 CASH FOR GRASS- 1012 SQ FT 226.4306.5554 ANDREW A JENNINGS277 04/29/2022 293688 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 DUANE LANGSTAFF278 04/29/2022 293688 (2.00) PARK RENTAL-STROTHER 010.0000.4354 DUANE LANGSTAFF279 04/29/2022 293689 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 TIERZA LITTLE280 04/29/2022 293690 139.00 REFUND-BASKETBALL CAMP010.0000.4605 LAUREN MILLER281 04/29/2022 293691 45.86 GAS SPOUT, GAS CAN, AIR FRESHE 010.4213.5604 MINER'S ACE HARDWARE, INC282 04/29/2022 293691 105.52 (7) AIR FILTERS 010.4213.5604 MINER'S ACE HARDWARE, INC283 04/29/2022 293691 7.71 SWITCHPLATE, SWITCH 010.4213.5604 MINER'S ACE HARDWARE, INC284 04/29/2022 293691 12.91 ODOR ELIMINATOR, UPHOLSTERY CLEANER 010.4213.5604 MINER'S ACE HARDWARE, INC285 04/29/2022 293691 24.77 GARDEN SPRAYER 010.4420.5605 MINER'S ACE HARDWARE, INC286 04/29/2022 293691 42.99 (10) CHAIN COIL 100 FEET 010.4420.5605 MINER'S ACE HARDWARE, INC287 04/29/2022 293691 93.20 PAINT STRIPPER, WRENCH, FACE SHIELD 010.4420.5605 MINER'S ACE HARDWARE, INC288 04/29/2022 293691 58.65 WASHERS 220.4303.5613 MINER'S ACE HARDWARE, INC289 04/29/2022 293691 40.93 DRILL DRIVER SET 220.4303.5613 MINER'S ACE HARDWARE, INC290 04/29/2022 293691 73.05 FASTENERS, WASHERS 220.4303.5613 MINER'S ACE HARDWARE, INC291 04/29/2022 293691 15.54 EYE BOLTS, FASTENERS 220.4303.5613 MINER'S ACE HARDWARE, INC292 04/29/2022 293691 32.30 DRILL BITS 220.4303.5613 MINER'S ACE HARDWARE, INC293 04/29/2022 293691 99.58 WASHERS, FASTENERS, STOP NUTS 220.4303.5613 MINER'S ACE HARDWARE, INC294 04/29/2022 293692 130.00 REFUND-TENNIS CAMP 010.0000.4605 RACHEL NICHOLS295 04/29/2022 293693 1,228.00 REFUND-PRE22-001 APPLIED IN ERROR010.0000.4511 RICHARD NOTT296 04/29/2022 293694 11.92 OFFICE SUPPLIES-HIGHLIGHTERS 010.4102.5201 OFFICE DEPOT297 04/29/2022 293694 267.17 OFFICE SUPPLIES-COPY PAPER, CARDSTOCK 010.4102.5201 OFFICE DEPOT298 04/29/2022 293695 51.48 REIMBURSE EGG HUNT & BUNNYGRAM 010.4424.5252 LINDSEY OVERSTREET299 04/29/2022 293695 151.52 REIMBURSE ADULT BASKETBALL SUPPLIES010.4424.5257 LINDSEY OVERSTREET300 04/29/2022 293696 32.21 ELECTRIC-WELL #11 352 LA CANADA 640.4711.5402 PACIFIC GAS & ELECTRIC CO301 04/29/2022 293697 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 APRIL SARGEANT302 04/29/2022 293698 50.00 PD-PRE-EMPLOYMENT CREDIT CHECK 010.4201.5315 SERVICE FIRST INFORMATION303 04/29/2022 293699 406.70 PW-51 PERMIT FOR AUX. ENGINE 612.4610.5610 SLO COUNTY AIR POLLUTION304 04/29/2022 293700 139.00 REFUND-BASKETBALL CAMP010.0000.4605 BREANA STACHURAPage 19 of 386
CITY OF ARROYO GRANDECHECK LISTINGAPRIL 16 -APRIL 30, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name305 04/29/2022 293701 $ 180.90 STENCIL, SAFETY GLASSES220.4303.5255 STATEWIDE SAFETY & SIGNS INC306 04/29/2022 293702 70.00 D-1 OPERATOR CERTIFICATE 640.4712.5501 SWRCB-DWOCP307 04/29/2022 293703 52.95 CHARTER BUSINESS TV-300 E BRANCH 010.4145.5401 TIME WARNER CABLE308 04/29/2022 293704 16,418.53 03/22 TBID ONLINE MEDIA MARKET 240.4150.5301 VERDIN MARKETING INK309 04/29/2022 293705 122.25 WALLACE STORMWATER MGMT 010.4301.5303 WALLACE GROUP A CALIF CORP310 04/29/2022 293706 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 LESLIE WALZ311 04/29/2022 293707 600.00 PLUMBING RETROFIT- 503 PLATINO 226.4306.5303 WATERBOYS PLUMBING312 04/29/2022 293708 139.00 REFUND-BASKETBALL CAMP 010.0000.4605KAYLA YOUNG $ 839,802.94 Page 20 of 386
ATTACHMENT 2
.
General Fund 329,752.81 5101 Salaries Full time 220,060.90
Streets Fund 15,096.65 5101 Volunteer Employee Retirement -
American Rescue Plan Act - 5102 Salaries Part-Time - PPT 4,594.88
Sewer Fund 8,864.61 5103 Salaries Part-Time - TPT 13,875.46
Water Fund 17,065.14 5105 Salaries OverTime 6,900.09
370,779.21 5106 Salaries Strike Team OT -
5107 Salaries Standby 1,692.80
5108 Holiday Pay 341.31
5109 Sick Pay 2,257.06
5110 Annual Leave Buyback -
Administrative Services - 5111 Vacation Buyback -
Information Services - 5112 Sick Leave Buyback -
Community Development - 5113 Vacation Pay 7,715.94
Police 5,808.87 5114 Comp Pay 3,869.69
Public Works - Maintenance 750.48 5115 Annual Leave Pay 5,586.35
Public Works - Enterprise 340.74 5116 Salaries - Police FTO -
Recreation - Administration - 5121 PERS Retirement 29,335.04
Recreation - Special Events - 5122 Social Security 19,523.51
Children In Motion - 5123 PARS Retirement 280.97
6,900.09 5126 State Disability Ins. 934.60
5127 Deferred Compensation 741.66
5131 Health Insurance 46,413.54
5132 Dental Insurance 2,783.46
5133 Vision Insurance 723.14
5134 Life Insurance 374.28
5135 Long Term Disability 674.41
5137 Leave Payouts -
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 837.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 137.62
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 975.00
370,779.21
OVERTIME BY DEPARTMENT:
Total FCFA payroll cost for this period is $186,640.90. 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
04/01/2022 - 04/14/2022
4/22/2022
BY FUND BY ACCOUNT
Page 21 of 386
1 Item 8.b.
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
May 10, 2022, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Mayor Pro Tem George,
Council Member Barneich, Council Member
Paulding, Council Member Storton
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, Recreation Services Director
Sheridan Bohlken, Chief of Police Michael
Martinez
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 conducted in a hybrid in-person/virtual format.
_____________________________________________________________________
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 call.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Mayor Ray Russom led the flag salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements
None.
Page 22 of 386
2 Item 8.b.
5.b. Ordinances read in title only
None.
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 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 May 11-17, 2022 as "National Police Week" and May 15,
2022 as "National Peace Officers' Memorial Day"
Mayor Ray Russom read the Honorary Proclamation Declaring May 11-17, 2022 as "National
Police Week" and May 15, 2022 as "National Peace Officers' Memorial Day". Sr. Officer Elia
Esparza, Arroyo Grande Police Department, accepted the proclamation.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
7. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public was Kris Rudabush. 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.
Mayor Ray Russom requested Item 8.j. be pulled for separate vote.
Mayor Ray Russom invited public comment. No public comments were received.
Moved by Council Member Storton
Seconded by Council Member Barneich
Approve Consent Agenda Items 8.a. through 8.i., with the exception of Item 8.j., with the recommended
courses of action.
Page 23 of 386
3 Item 8.b.
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member
Paulding, and Council Member Storton
Passed (5 to 0)
8.a. Consideration of Cash Disbursement Ratification
Ratified the listing of cash disbursements for the period of April 1 through April 15, 2022.
8.b. Consideration of Statement of Investment Deposits
Received and filed the report listing investment deposits of the City of Arroyo Grande as of
March 31, 2022, as required by Government Code Section 53646(b).
8.c. Consideration of Fiscal Year 2021-22 Third Quarter Financial Status Report
Received, considered, and filed the FY 2021-22 Third Quarter Financial Status Report.
8.d. Consideration of a Resolution Declaring Surplus Property
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING
ITS DISPOSAL".
8.e. Approval of Minutes
Approved the minutes of the Regular City Council Meeting of April 26, 2022, as submitted.
8.f. 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 TO GOVERNMENT CODE SECTION 54953(e)".
8.g. Consideration of Authorization to Sign a Letter by REACH and the Diablo Canyon Power
Plant (DCPP) MOU Stakeholder Group in Support of Reuse Opportunities at the Diablo
Canyon Power Plant Site
Authorized the Mayor to sign the letter from REACH and the DCPP MOU stakeholder group, on
behalf of the City, in support of reuse opportunities at the DCPP site.
8.h. Consideration of Approval of Construction Specifications for the Wood Place,
Farroll/Sandalwood, Sandalwood/Cameron, & Woodland Back Yards Sewer Lining
Project and Associated California Environmental Quality Act Exemption, PW 2021-10
Page 24 of 386
4 Item 8.b.
1) Approved the construction specifications for the Wood Place, Farroll/Sandalwood,
Sandalwood/Cameron, & Woodland Back Yards Sewer Lining Project, PW 2021-10; 2)
Authorized staff to advertise for construction bids; 3) Found that the project is categorically
exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
Section 15301(b); and 5) Directed the City Clerk to file a Notice of Exemption
8.i. Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to
Levy and Collect Assessments for the Parkside and Grace Lane Assessment Districts,
and Landscaping and Lighting District No. 1, Within Tract 1769, for FY 2022-23
1) Approved the Engineer’s Reports for the Parkside Village Assessment District, Grace Lane
Assessment District, and Landscaping and Lighting Assessment District No. 1, within Tract
1769, for Fiscal Year 2022-2023; 2) Adopted Resolutions entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENTION TO
LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED TO THE PARKSIDE VILLAGE
ASSESSMENT DISTRICT FOR FISCAL YEAR 2022-2023"; "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENTION TO LEVY
AND COLLECT ANNUAL ASSESSMENTS RELATED TO THE GRACE LANE ASSESSMENT
DISTRICT FOR FISCAL YEAR 2022-2023"; and "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENTION TO LEVY AND
COLLECT ANNUAL ASSESSMENTS RELATED TO THE ARROYO GRANDE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1, WITHIN TRACT 1769,
FOR FISCAL YEAR 2022-2023"; and 3) Set a public hearing for June 14, 2022 at 6:00 p.m. for
the Parkside Village Assessment District, Grace Lane Assessment District, and Landscaping
and Lighting Assessment District No. 1, within Tract 1769, to consider levying the property
assessments.
8.j. Consideration of a Resolution Supporting the Application for Funding from the
Department of Transportation’s Multimodal Project Discretionary Grant Opportunity for
the US 101/Brisco-Halcyon Road Interchange Modification Project
Item 8.j. was pulled for separate vote.
Moved by Council Member Barneich
Seconded by Council Member Storton
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE SUPPORTING THE APPLICATION FOR FUNDING FROM THE
DEPARTMENT OF TRANSPORTATION’S MULTIMODAL PROJECT DISCRETIONARY
GRANT FUNDING REQUEST FOR THE US 101/BRISCO-HALCYON ROAD INTERCHANGE
MODIFICATION PROJECT" and designated the City Manager or their designee as the City’s
signature authority to take all actions necessary to seek and apply for the funding opportunities
through this grant program.
AYES (4): Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and
Council Member Storton
NOES (1): Mayor Ray Russom
Page 25 of 386
5 Item 8.b.
Passed (4 to 1)
9. PUBLIC HEARINGS
None.
10. OLD BUSINESS
10.a. Consideration of Updated Council Goals and Priorities for Fiscal Year 2022-23
City Manager McDonald presented the staff report and recommended that Council approve the
proposed updated City Council's Goals and Priorities for Fiscal Year 2022-23. City Manager
McDonald and City Clerk Matson responded to questions from Council.
Council discussion ensued regarding the City pursuing a State Water initiative. Based on
Council discussion, Mayor Ray Russom requested staff include the initiative on the draft Fiscal
Year 2023-24 City Council's Goals and Priorities for future consideration.
Council Member Barneich requested staff provide an update on additional Diversity, Equity,
Inclusion, and Justice efforts at a future meeting.
Mayor Ray Russom invited public comment. Speaking from the public was Patty Welsh. No
further public comments were received.
Moved by Mayor Pro Tem George
Seconded by Council Member Storton
Approve the proposed updated City Council’s Goals and Priorities for Fiscal Year 2022-23.
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council
Member Paulding, and Council Member Storton
Passed (5 to 0)
11. NEW BUSINESS
11.a. Discussion and Consideration of the Current and Future Short Street Status and
Pedestrian Plaza and Park Conceptual Design and Adoption of a Resolution Authorizing
the Continued Closure of Short Street
Community Development Director Pedrotti presented the staff report and recommended that
Council 1) Receive the updated proposed sample concept plan, receive public comment, and
provide staff direction to move forward with further evaluation of a conceptual plan along with a
cost analysis and public feedback; and 2) Provide staff with direction to implement an
intermediate design plan for Short Street that includes adoption of a Resolution to continue
closure of Short Street and use as a pedestrian and public area. Director Pedrotti and Assistant
City Manager/Public Works Director Robeson answered questions from Council.
Mayor Ray Russom invited public comment. Speaking from the public were Patty Welsh, Luz,
and Frank Schiro. No further public comments were received.
Page 26 of 386
6 Item 8.b.
Moved by Mayor Pro Tem George
Seconded by Mayor Ray Russom
Receive the updated proposed sample concept plan, receive public comment, and provide staff
direction to move forward with further evaluation of a conceptual plan along with a cost analysis
and public feedback.
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council
Member Paulding, and Council Member Storton
Passed (5 to 0)
Moved by Mayor Ray Russom
Seconded by Council Member Barneich
Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE CONTINUED TEMPORARY CLOSURE OF SHORT
STREET SOUTH OF EAST BRANCH STREET AND NORTH OF OLOHAN ALLEY TO
ACCOMMODATE ITS USE AS A PEDESTRIAN AND PUBLIC AREA".
Mayor Pro Tem George left the meeting and was not present for the vote.
AYES (4): Mayor Ray Russom, Council Member Barneich, Council Member Paulding, and
Council Member Storton
ABSENT (1): Mayor Pro Tem George
Passed (4 to 0)
11.b. Consideration of Approval of a Child Care Assistance Grant Program
Mayor Ray Russom called for a brief break at 7:54 p.m. The Council reconvened at 8:00 p.m.
Recreation Director Bohlken presented the staff report and recommended that Council approve
the proposed Child Care Assistance Grant Program, including direction regarding program
components, and authorize the City Manager to execute grant agreements with grant recipients.
Director Bohlken answered questions from Council.
Mayor Ray Russom invited public comment. Speaking from the public was Shana Paulson. No
further public comments were received.
Moved by Council Member Paulding
Seconded by Mayor Pro Tem George
Consider and approve the proposed Child Care Assistance Grant Program, including direction
regarding program components, and authorize the City Manager to execute grant agreements
with grant recipients.
Page 27 of 386
7 Item 8.b.
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council
Member Paulding, and Council Member Storton
Passed (5 to 0)
12. COUNCIL COMMUNICATIONS
Mayor Ray Russom stated that she will be absent at the meeting of June 28, 2022. Brief discussion
ensued whether or not to cancel the meeting.
Mayor Ray Russom also reported that the CJPIA received an unmodified opinion for their audit.
13. CLOSED SESSION
None.
14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the
meeting at 8:11 p.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk
Page 28 of 386
1 Item 8.b.
ACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
May 18, 2022, 4:00 p.m.
City Council Chamber
215 E Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Mayor Pro Tem
Paulding, Council Member Barneich, Council
Member Storton, Council Member George
Staff Present: City Clerk Jessica Matson, City Attorney
Timothy Carmel, City Manager Whitney
McDonald
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with
Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1. CALL TO ORDER
Mayor Ray Russom called the Special City Council Meeting to order at 4:00 p.m.
2. ROLL CALL
City Clerk Matson took roll call.
3. FLAG SALUTE
Mayor Ray Russom led the flag salute.
4. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Ray Russom invited public comment on Closed Session items. No public comments were
received.
5. CLOSED SESSION
The City Council recessed to a closed session for the following:
a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code
Section 54957:
Title: City Manager
The City Council adjourned to Closed Session at 4:02 p.m.
Page 29 of 386
2 Item 8.b.
The City Attorney will report out any actions taken during Closed Session at the next
regular City Council meeting.
6. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the
meeting at 6:02 p.m
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk
Page 30 of 386
Item 8.c.
MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk
SUBJECT: Consideration of Resolutions for the 2022 General Municipal Election
for the Election of Certain Officers of the City
DATE: May 24, 2022
SUMMARY OF ACTION:
Calling and giving notice of the City’s General Municipal Election to be held on November
8, 2022, for the election of one Councilmember for District 1, one Councilmember for
District 4, and an at-large Mayor; a request to the County of San Luis Obispo for
consolidation of the election; and adoption of regulations pertaining to submittal of a
candidate statement.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Funding for the November 2022 General Municipal Election has been included in the
Fiscal Year 2022-23 Budget in the amount of $28,000, based on the estimate received
from the San Luis Obispo County Clerk’s office.
RECOMMENDATION:
1) Adopt a Resolution calling and giving notice of the holding of a General Municipal
Election to be held on Tuesday, November 8, 2022, for the election of certain officers of
the City; 2) Adopt a Resolution requesting the Board of Supervisors of the County of San
Luis Obispo to consolidate a General Municipal Election to be held on November 8, 2022;
and 3) Adopt a Resolution adopting regulations for candidates governing the submittal of
a Candidate Statement.
BACKGROUND:
Historically in Arroyo Grande, the Mayor and City Council members were elected in at-
large elections where each of the four Council Members and the Mayor were elected by
the registered voters of the entire City. On October 2, 2019, the City received a “Notice
of Violation of California Voting Rights Act” and a report from attorney Robert Goodman,
brought on behalf of Maria Minicucci, asserting that the City’s at -large method of
conducting elections may violate the California Voting Rights Act (the “Act”) and
threatening litigation if the City did not voluntarily transition to a district-based election
system.
Page 31 of 386
Item 8.c.
City Council
Consideration of Resolutions for the 2022 General Municipal Election for the
Election of Certain Officers of the City
May 24, 2022
Page 2
On October 16, 2019, after consideration of the information filed in the Notice of Violation,
the City Council adopted Resolution No. 4949 (Attachment 4) declaring its intent to
transition from at-large to district-based elections by November 2022 and entered into a
Settlement Agreement with Ms. Minicucci. While the Act requires public entities complying
with Elections Code Section 10010 and agreeing to transition to district-based elections
to do so in an expedited fashion, Ms. Minicucci agreed to allow the City to defer
implementation of the district-based election system until the November 2022 election if
the City was willing to enter into a Settlement Agreement to that effect.
On April 12, 2022, after a series of public hearings and workshops in 2021 and 2022, the
City Council adopted Ordinance 713 (Attachment 5) establishing a by-district election
system and created district boundaries. In November 2022, elect ors in Districts 1 and 4
will vote for a City Councilmember from their district. In November 2024, electors in
Districts 2 and 3 will vote for a City Councilmember from their district. The Mayor will
continue to be elected by registered voters of the entire City (at-large).
State law establishes the dates when general law cities conduct municipal elections for
the purpose of electing members of the City Council. The office of Council Member is a
four-year term, with terms expiring at staggered intervals (i.e., terms of office for two
members of the City Council are scheduled to expire every two years). The office of Mayor
is a two-year term pursuant to a voter-approved measure adopted in 1982. The California
Elections Code establishes procedures and requirements for conducting a General
Municipal Election. As the first step in the election process, certain Resolutions must be
adopted by the City Council.
ANALYSIS OF ISSUES:
Pursuant to Municipal Code Section 1.08.010, the City of Arroyo Grande will conduct a
General Municipal Election on the same day as, and consolidated with, the Statewide
General Election. The Statewide General Election is held on the first Tuesday after the
first Monday in November in even numbered years. This year, the date of the Statewide
General Election is Tuesday, November 8, 2022. The request for consolidation must be
submitted to the County Board of Supervisors no later than August 12, 2022 (at least 88
days prior to the date of the election).
By consolidating the election with other jurisdictions in the County, costs to the City to
conduct the election are substantially reduced. Following the election, the County invoices
the City for its proportional share of the costs. The estimated cost of $28,000 for the 2022
General Election has been included in the FY 2022-23 Budget.
The printing of candidate statements in the sample ballot booklet is also included in the
City’s election costs. Since 2008, the City has sought full cost recovery from the candidate
for the publication of a candidate statement pursuant to State law, since the publication
Page 32 of 386
Item 8.c.
City Council
Consideration of Resolutions for the 2022 General Municipal Election for the
Election of Certain Officers of the City
May 24, 2022
Page 3
of a candidate statement is optional and not a requirement. This is a consistent practice
among most California cities. It is recommended that the word count limit be set at 200
words per statement, consistent with previous elections. The City requires an initial
deposit at the time a candidate files his/her nomination papers. Candidates are then
invoiced (or sent a refund) after the County calculates the sh are of costs for
printing/mailing of the sample ballot booklet for each agency and candidate.
In 2022, the terms of Council Member Jimmy Paulding, Council Member Keith Storton,
and Mayor Caren Ray Russom are expiring.
The nomination period for candidates running for a seat on the City Council for the District
1 City Council Member position, the District 4 City Council Member position, and for Mayor
is Monday, July 18, 2022, through Friday, August 12, 2022. If an incumbent does not file
nomination papers and qualify by the close of the nomination period, the filing period is
extended for non-incumbents for five (5) days pursuant to State law. Candidates for the
District 1 City Council Member and District 4 City Council Me mber seats must live in the
districts for which they are nominated.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolutions pertaining to the 2022 Municipal Election; or
2. Provide other direction to staff.
ADVANTAGES:
Adoption of the proposed Resolutions will meet the provisions required by the California
Elections Code for calling and giving notice of a General Municipal Election, requesting
the services of the County to conduct a consolidated election, and setting forth regulations
for candidates pertaining to the filing of candidate statements.
DISADVANTAGES:
There are no identified disadvantages related to adoption of the proposed Resolutions as
they are required by State law in order to conduct a Consolidated General Municipal
Election in the City.
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. A Notice of Election will be published in the
newspaper pursuant to the timeline prescribed by the Elections Code.
Page 33 of 386
Item 8.c.
City Council
Consideration of Resolutions for the 2022 General Municipal Election for the
Election of Certain Officers of the City
May 24, 2022
Page 4
Attachments:
1. Proposed Resolution – Calling and Giving Notice of the November 8, 2022 Election
2. Proposed Resolution – Consolidation with the County
3. Proposed Resolution – Regulations for Candidate Statements
4. Resolution 4949
5. Ordinance 713
6. April 12, 2022 Staff Report
Page 34 of 386
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS
AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE
OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to General Law Cities in the State
of California, a General Municipal Election shall be held on November 8, 2022, for the
election of Municipal Officers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. That pursuant to the requirements of the laws of the State of California relating to
General Law Cities, there is called and ordered to be held in the City of Arroyo
Grande, California, on Tuesday, November 8, 2022, a General Municipal Election
for the purpose of electing an at-large Mayor for the full term of two years, one
Member of the City Council for District 1 for the full term of four years, and one
Member of the City Council for District 4 for the full term of four years.
2. That the ballots to be used at the election shall be in form and content as required
by law.
3. That the City Clerk is authorized, instructed, and directed to coordinate with the
County of San Luis Obispo County Clerk-Recorder to procure and furnish any and
all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawf ully conduct the
election.
4. That the polls for the election shall be open at seven o'clock a.m. on the day of the
election and shall remain open continuously from that time until eight o'clock p.m.
of the same day when the polls shall be closed, pursuant to Election Code Section
10242, except as provided in Section 14401 of the Elections Code of the State of
California.
5. That in all particulars not recited in this Resolution, the election shall be held and
conducted as provided by law for holding municipal elections.
6. That notice of the time and place of holding the election is given and the City Clerk
is authorized, instructed and directed to give further or additional notice of the
election, in the time, form, and manner as required by law.
Page 35 of 386
RESOLUTION NO.
PAGE 2
7. That in the event of a tie vote (if any two or more persons receive an equal and the
highest number of votes for an office) as certified by the County of San Luis
Obispo County Clerk-Recorder, the City Council, in accordance with Election Code
Section 15651(a), shall set a date, time, and place and summon the candidates
who have received the tie votes to appear and will determine the tie by lot.
8. That the City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original Resolutions.
9. The City Council authorizes the City Clerk to administer said election and all
reasonable and actual election expenses shall be paid by the City upon
presentation of a properly submitted bill.
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 24th day of May, 2022.
Page 36 of 386
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 37 of 386
ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403
OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Arroyo Grande called a General Municipal
Election to be held on Tuesday, November 8, 2022, for the purpose of the election of an
at-large Mayor, one (1) Member of the City Council for District 1, and one (1) Member of
the City Council for District 4; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the City the
precincts, polling places and election officers of the two elections be the same, and that
the County Elections Division of the County of San Luis Obispo canvass the returns of
the General Municipal Election and that the election be held in all respects as if there
were only one election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. That pursuant to the requirements of Section 10403 of the Elec tion Code, the
Board of Supervisors of the County of San Luis Obispo is hereby requested to
consent and agree to the consolidation of a General Municipal Election with the
Statewide General Election on Tuesday, November 8, 2022, for the purpose of
the election of an at-large Mayor, one (1) Member of the City Council for District
1, and one (1) Member of the City Council for District 4.
2. That the Elections Division of the County Clerk-Recorder’s Office is authorized to
canvass the returns of the General Municipal Election. The election shall be held
in all respects as if there were only one election, and only one form of ballot shall
be used. The election will be held and conducted in accordance with the
provisions of law regulating the Statewide election.
3. That the Board of Supervisors is requested to issue instructions to the Elections
Division of the County Clerk-Recorder’s Office to take any and all steps
necessary for the holding of the consolidated election.
4. That the City of Arroyo Grande recognizes that additional costs will be incurred
by the County by reason of this consolidation and agrees to reimburse the
County for any such additional costs.
Page 38 of 386
RESOLUTION NO.
PAGE 2
5. That the City Clerk is hereby directed to file a certified copy of this Resolution
with the Board of Supervisors and the Elections Division of the San Luis Obispo
County Clerk-Recorder’s Office.
6. That the City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
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 24th day of May, 2022.
Page 39 of 386
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 40 of 386
ATTACHMENT 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATES STATEMENTS SUBMITTED
TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2022
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the
governing body of any local agency may adopt regulations pertaining to materials prepared
by any candidate for a municipal election, including costs of the candidates statement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as
follows:
1. That the following regulations are hereby adopted regarding candidate statements for
candidates for elective office in the City of Arroyo Grande:
A. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code
of the State of California, each candidate for elective office to be voted for at an
Election to be held in the City of Arroyo Grande on November 8, 2022, may prepare
a candidate’s statement on an appropriate form provided by the City Clerk. The
statement may include the name, age, and occupation of the candidate and a brief
description of no more than 200 words of the candidate’s education and
qualifications expressed by the candidate himself or herself. The statement shall
not include party affiliation of the candidate, nor membership or activity in partisan
political organizations. The statement shall be filed in typewritten form in the office
of the City Clerk at the time the candidate’s nomination papers are filed. The
statement may be withdrawn, but not changed, during the period for filing
nomination papers and until 5:00 p.m. of the next working day after the close of
the nomination period.
B. FOREIGN LANGUAGE POLICY. The San Luis Obispo County Clerk-Recorder’s
Office shall have translated into Spanish only those statements as requested by
the candidate, and print any translation(s) of candidates who so request printing in
the voter pamphlet.
C. PAYMENT.
i) The candidate shall be required to pay for the cost of printing the candidates
statement in English in the voter’s pamphlet.
ii) The candidate shall be required to pay for the cost of translating and printing
the candidates statement into the foreign language, pursuant to State law.
iii)The San Luis Obispo County Clerk-Recorder’s Office shall estimate the total
cost of printing, handling, translating, and mailing the candidates statements filed
pursuant to this Section, and the City Clerk shall require each candidate filing a
statement to pay in advance to the City his or her estimated pro rata share as a
condition of having his or her statement included in the voter’s pamphlet. The
Page 41 of 386
RESOLUTION NO.
PAGE 2
estimate is just an approximation of the actual costs that varies from one election
to another election and may be significantly more or less than the estimate,
depending on the actual number of candidates filing statements. Accordingly, the
City Clerk is not bound by the estimate and may, on a pro rata basis, bill the
candidate for additional actual expense or refund any excess paid, depending on
the final actual cost. In the event of underpayment, the Clerk may require the
candidate to pay the balance of the cost incurred. In the event of overpayment, the
City Clerk shall prorate the excess amount among the candidates and refund the
excess amount paid within thirty (30) days of the receipt of the final invoice from
the County.
D. ADDITIONAL MATERIALS. No candidate will be permitted to include additional
materials in the sample ballot package.
2. That the City Clerk shall provide each candidate or the candidate’s representative a
copy of this Resolution at the time nominating petitions are issued.
3. That this Resolution shall apply only to the election to be held on November 8, 2022
and shall then be repealed.
4. That the City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original Resolutions.
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 on this 24th day of May, 2022.
Page 42 of 386
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 43 of 386
Attachment 4
Page 44 of 386
Page 45 of 386
Page 46 of 386
ORDINANCE NO. 713
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 alleged 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 demographic 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
WHEREAS, on February 15, 2022, the City posted all draft maps submitted by the public
on its website for public review; and
ATTACHMENT 5
Page 47 of 386
ORDINANCE NO. 713
PAGE 2
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 48 of 386
ORDINANCE NO. 713
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 49 of 386
ORDINANCE NO. 713
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 thereof 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. Pursuant to Government Code section 36937(a), this
Ordinance shall take effect immediately upon adoption.
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 Storton, seconded by Council Member Barneich, and by
the following roll call vote to wit:
AYES: Council Members Storton, Barneich, Paulding, and Mayor Pro Tem George
NOES: Mayor Ray Russom
ABSENT: None
the foregoing Ordinance was adopted this 12th day of April, 2022.
Page 50 of 386
Page 51 of 386
ORDINANCE NO. 713
PAGE 6
Page 52 of 386
. ... ·-
·OFFICIAL. CERTIFICATION
1, · JESSICA-MATSON,--City Clerk of "the City of Arroyo· Grande, Couhty of San
Luis Obispo, State of California, do hereby certify-under penalty of perjury, that
the attached Ordinance No._ 713 which was intro duced at a regular meeting of the
City Council on March 22, 2022; was passed and adopted at a regular meeting of
the City Council on the 12th day of April 2022; and was duly published in
accordance with State law (G.C .. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th
day of April, 2022.
. ' . '
JESSICA MATSON, CITY CLERK
·-.. •.· : '
Page 53 of 386
ITEM 8.c.:
Attachment 6 – April 12, 2022 Staff Report
Attachment 6 is available as a link: https://pub-
arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=1998
Page 54 of 386
Item 8.d.
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 Coronavirus (COVID-19) Pandemic
DATE: May 24, 2022
SUMMARY OF ACTION:
Adoption of the Resolution will continue the declared local emergency related to the
COVID-19 pandemic.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are no direct fiscal impacts related to the proposed ac tion; 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.
BACKGROUND:
As the City Council is aware, in accordance with Section 8.12.060 of the Arroyo Grande
Municipal Code, the former City Manager, in his capacity as the Director of Emergency
Services, proclaimed a local emergency on March 16, 2020, regarding th e COVID-19
pandemic. The City Council ratified the proclamation at its regular meeting on March 24,
2020, and adopted resolutions declaring a continued local emergency since that time as
the pandemic has persisted.
ANALYSIS OF ISSUES:
Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to
“Review the need for a continuing emergency declaration at regularly scheduled meetings
at least every twenty-one (21) days until the emergency is terminated.” Accordingly, the
City Council has adopted the appropriate Resolutions declaring a continued local
Page 55 of 386
Item 8.d.
City Council
Consideration of Adoption of a Resolution Declaring a Continued Local
Emergency Related to the Coronavirus (COVID-19) Pandemic
May 24, 2022
Page 2
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 regular meeting.
This item is being presented to the City Council to satisfy the requirements of Section
8.12.065(C). Given the ongoing state of emergency proclaimed by the Governor, the
ongoing public health orders issued by the State, and the ongoing work required of City
staff to respond to the pandemic and these proclamations and orders, it is recommended
that the City Council adopt the Resolution declaring the need to continue the emergency
declaration. The San Luis Obispo County (County) Public Health Officer and the County
Emergency Services Director terminated the County’s emergency declarations with
respect to the COVID-19 pandemic on February 25, 2022. However, a statewide
emergency declaration issued by the Governor remains in place related to the pandemic.
In light of the ongoing statewide emergency, the ongoing impacts associated with the
coronavirus within the Arroyo Grande community and the City organization, it is
recommended that the City Council continue the declared local emergency.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution declaring the need to continue the declared local emergency;
or
2. Provide other direction to staff.
ADVANTAGES:
Adoption of the Resolution will satisfy the requirement of the Arroyo Grande Municipal
Code regarding the periodic review of the declared local emergency related to the COVID-
19 pandemic.
DISADVANTAGES:
No disadvantages have been identified to adopting the Resolution.
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. Proposed Resolution
Page 56 of 386
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
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, March 22, April 12, April 26, and May 10,
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, 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.
Page 57 of 386
RESOLUTION NO.
PAGE 2
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 related orders and directives.
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 24th day of May, 2022.
Page 58 of 386
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 59 of 386
Item 8.e.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
Bill Robeson, Assistant City Manager/Public Works Director
BY: Sarah Lansburgh, Deputy City Clerk
SUBJECT: Consideration of Authorizing the Display of the LGTBQ+ Pride Flag
During the Month of June 2022 at Heritage Square Park and at City Hall
DATE: May 24, 2022
SUMMARY OF ACTION:
Authorize the display of the LGTBQ+ Pride Flag (“Pride Flag”) at Heritage Square Park
and at City Hall during the month of June, 2022 in recognition of LGTBQ+ Pride Month .
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no financial impact and minimal impact on personnel resources related to
authorizing the display of the Pride Flag.
RECOMMENDATION:
Authorize the display of the Pride Flag during the month of June 2022 at Heritage Square
Park and at City Hall.
BACKGROUND:
On September 22, 2020, the City Council adopted a set of Top 10 Priorities for Fiscal
Year 2020-21 identifying the Council’s major goals. One of the identified priorities was to
“develop and implement a Council-adopted goal to promote diversity, equity, and
inclusion.” A similar goal and priority was included in the Fiscal Year 2021 -22 Council
Goals and Priorities adopted with the Fiscal Years 2021-23 Biennial Budget, which stated
a goal to “adopt and implement Diversity, Equity, and Inclusion initiatives.”
At a City Council meeting in early 2021, Council Member Barneich requested that City
Council consider displaying the commemorative LGBTQ+ Pride Flag at City Hall. At the
time, the City did not have a Council-adopted policy regarding the display of such flags
or the display of commemorative flags. In response, City staff prepared a Resolution
(Attachment 1) to adopt a City Flag Display Policy relating to the display of flags for
Council’s consideration at the May 25, 2021 City Council meeting. Following disc ussion,
Page 60 of 386
Item 8.e.
City Council
Consideration of Authorizing the Display of the LGTBQ+ Pride Flag During the
Month of June 2022 at Heritage Square Park and at City Hall
May 24, 2022
Page 2
the Policy was modified and adopted by the City Council. The adopted Flag Display Policy
outlines the procedures and standards for the display of flags at City facilities, including
the display of commemorative flags at City Hall and Heritage Square Park. As set forth in
the policy, commemorative flags may only be displayed after being authorized by 4/5
members of the City Council and as an expression of the City’s official sentiments. Upon
City Council authorization of the display of a commemorative flag, the City will display it
at City Hall and/or Heritage Square Park during the designated period.
Also during the May 25, 2021 City Council meeting, the City Council authorized the
display of the commemorative Pride Flag during the month of June 202 1, at Heritage
Square Park, where the first Five Cities Pride Celebration occurred in 2019, and at City
Hall.
At the January 11, 2022 City Council meeting, the City Council adopted Resolution 5142
which adopted a Diversity, Equity, Inclusion, and Justice Policy” (Attachment 2),
acknowledging the City’s commitment to the principles of diversity, equity, inclusion, and
justice and to implement measures to support greater inclusivity for the community.
ANALYSIS OF ISSUES:
City Hall has two flag poles and the City of Arroyo Grande has historically displayed the
United States Flag, the California State Flag, and the Arroyo Grande City Flag. The United
States Flag is also displayed at other City facilities such as the Recreation Services
Building at Elm Street Park and at the Corporate Yard. The Police Station also has three
flag poles that can be used to display flags.
As stated in the adopted Flag Display Policy, the City’s flagpoles are not intended to serve
as a forum for free expression by the public. Rather, the City's flagpoles are to be used
exclusively by the City, where the City Council may display a commemorative flag as a
form of government expression. The City will not display a commemorative flag based on
a request from a third party, nor will the City use its flagpoles to sponsor the expression
of a third party. Instead, the policy states that such flag, as an expression of the City’s
official sentiments, must be requested by a member of the City Council itself.
The Government Speech Doctrine, defined by the United States Supreme Court,
establishes that a government organization, such as the City of Arroyo Grande, may
advance its own expression without requiring viewpoint neutrality when the government
itself is the speaker, so long as its expression does not show religious preference or
encourage a certain vote in an election. Therefore, the City could act, based on the Policy,
to display a commemorative flag as a form of government expression, so long as the
commemorative flag does not show religious preference or encourage a certain vote in
an election. Consequently, if the City Council authorizes display of a commemorative flag,
Page 61 of 386
Item 8.e.
City Council
Consideration of Authorizing the Display of the LGTBQ+ Pride Flag During the
Month of June 2022 at Heritage Square Park and at City Hall
May 24, 2022
Page 3
the display of the commemorative flag would be an exercise of government expression,
where the City is the speaker (i.e., government speech).
Council Members Storton and Barneich have requested that the City Council consider
authorizing the display of the commemorative Pride Flag. According to the Library of
Congress, Lesbian, Gay, Bisexual and Transgender Pride Month (“LGBTQ+ Pride
Month”) is currently celebrated each year in the month of June to honor the 1969
Stonewall riots in New York City. The Stonewall riots were a tipping point for the Gay
Liberation Movement in the United States. In the United States, the last Sunday in June
was initially celebrated as “Gay Pride Day,” although the actual day was flexible.
Eventually, in major cities across the nation, “Gay Pride Day” grew t o encompass a
month-long series of events. Today, celebrations include pride parades, picnics, parties,
workshops, symposia and concerts. Memorials are also held for those members of the
community who have been lost to hate crimes or HIV/AIDS. The purpose of the
commemorative month is to recognize the impact that lesbian, gay, bisexual, transgender,
and queer individuals have had on history locally, nationally, and internati onally. Display
of the Pride Flag is consistent with the adopted Diversity, Equity, Inclusion, and Justice
Policy and the Fiscal Year 2021-22 Council Goals and Priorities.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Authorize the display of the Pride Flag at Heritage Square Park and at City Hall
during the month of June, 2022.
2. Do not authorize display of the Pride Flag; or
3. Provide other direction to staff.
ADVANTAGES:
Authorizing display of the Pride Flag in recognition of LGTBQ+ Pride Month will
commemorate an important social movement. The display of the Pride Flag also
demonstrates the City’s commitment to diversity, equity, inclusion, and justice.
DISADVANTAGES:
No disadvantages have been 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 62 of 386
Item 8.e.
City Council
Consideration of Authorizing the Display of the LGTBQ+ Pride Flag During the
Month of June 2022 at Heritage Square Park and at City Hall
May 24, 2022
Page 4
Attachments:
1. Resolution 5083 – Adopting a Policy on Display of Flags
2. Resolution 5142 - Adopting a Diversity, Equity, Inclusion and Justice Policy
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ATTACHMENT 1
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RESOLUTION NO. 5142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A DIVERSITY, EQUITY,
INCLUSION, AND JUSTICE POLICY
WHEREAS, it is the mission of the City to make Arroyo Grande the best place possible
for everyone who lives, works, and visits; and
WHEREAS, the City is committed to supporting diversity, equity, inclusion, and justice, in
all facets of society; and
WHEREAS, the City of Arroyo Grande does not currently have a policy specifically stating
its commitment to diversity, equity, inclusion, and justice; and
WHEREAS, the City Council desires to establish a diversity, equity, inclusion, and justice
DEIJ) policy that provides guidance and standards for the City to model and implement
the aforementioned objectives within the community and the City organization; and
WHEREAS, in adopting this policy, the City Council declares that it is vital to assume the
responsibility to face the challenges and seize opportunities created by diversity, and to
identify opportunities in policies, regulations, and guidance to address systemic
inequities.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande
that:
1. All recitals set forth and above, are true, correct and incorporated herein.
2. The Diversity, Equity, Inclusion, and Justice (DEIJ) Policy, attached hereto as
Exhibit A and incorporated herein, is hereby adopted.
3. This Resolution shall be effective immediately upon its adoption.
On motion of Council Member Storton, seconded by Council Member Paulding, and on
the following roll call vote, to wit:
AYES: Council Members Storton, Paulding, Barneich, George, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 11th day of January, 2022.
ATTACHMENT 2
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RESOLUTION NO. 5142
PAGE 2
CAREN R USSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
te •
WHITNEY MC,IDONALD, 11TY MANAGER
APPROVED AS TO FORM:
C
TIMOTHY J. CARMEL, CITY ATTORNEY
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Exhibit A
CITY OF ARROYO GRANDE
DIVERSITY, EQUITY, INCLUSION, AND JUSTICE POLICY
POLICY:
The City is committed to supporting diversity, equity, inclusion, and justice (DEIJ) in all
facets of society, the principles of which include fairness of treatment, recognition of
rights, acceptance of responsibilities, commitment to equity and justice, and dedication to
expanding opportunities for all. The mission of the City is to make Arroyo Grande the best
place possible for everyone who lives, works, and visits here. Valuing diversity is a core
City principle that will be practiced and communicated at all levels of the organization.
PURPOSE:
Members of our community face challenges and opportunities related to their race,
religion, gender, ethnicity, language, age, sexual orientation and gender identity,
socioeconomic background, and diverse abilities. It is important for members of our
community and the City as a whole to assume the responsibility of facing the challenges
and seizing the opportunities created by diversity, and to identify opportunities in policies,
regulations, and guidance to address systemic inequities.
Inclusion and equity do not seek to 'treat everyone the same,' but recognize that everyone
is different, that there are strengths inherent in those differences, and that people's needs
are met in different ways. This can be as a resident, visitor, City Council Member, City
Advisory Body Member, or employee. Diversity awareness recognizes that each
individual is unique, engendering recognition, respect, and celebration of the added value
that differences bring.
DEFINITIONS:
Diversity
Diversity refers to the variety of similarities and differences between people based on
which they experience advantages or encounter barriers to opportunities, including but
not limited to: gender, gender identity, ethnicity, race, native or indigenous origin, age,
generation, sexual orientation, culture, religion/belief system, marital status, parental
status, socio-economic status, appearance, language and accent, physical and mental
ability, mental health, education, geography, and nationality.
Equity
Equity refers to the consistent and systematic, fair, just, and impartial treatment of all
individuals, seeking to ensure that all people have access to the same opportunities and
resources while recognizing that people do not all start from the same place due to
systemic and individual advantages and barriers.
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POLICY #:
DIVERSITY, EQUITY, INCLUSION, AND JUSTICE
PAGE 2
Inclusion
Inclusion seeks to support people with different identities to feel valued and welcomed
within a given setting, including fostering a sense of belonging by centering and amplifying
the voices, perspectives, and styles of those who experience more barriers based on their
identities.
Justice
Justice refers to the practice of directly dismantling barriers to resources and opportunities
in society so that all individuals and communities can live a full and dignified life.
IMPLEMENTATION:
The City is committed to modeling and implementing diversity, equity, inclusion, and
justice within the community and the City organization, and will do so through measures
that include but are not limited to the following:
A. Provide informed, authentic leadership supporting diversity, equity, inclusion, and
justice by:
1. Connecting diversity, equity, inclusion, and justice to the City's mission as critical
principles to ensure the well-being of the City's employees and the community;
2. Acknowledging and dismantling inequities within the City's policies, systems,
programs, and services, including continual review and updates to support ongoing
progress;
3. Embedding language in the City's plans, policies, and goals consistent with the
intent of this Policy to promote diversity, equity, inclusivity, and justice;
4. Exploring potential underlying, unquestioned assumptions that interfere with
diversity, equity, inclusivity, and justice;
5. Advocating for and supporting executive team-level thinking about how systemic
inequities impact the City's work, and how best to address these inequities in a
way that is consistent with the City's mission and this Policy;
6. Challenging assumptions about what it takes to be a strong leader within the City
organization and who is well-positioned to provide leadership;
7. Practicing and encouraging transparent and inclusive communication in all
interactions, including focus on and commitment to reducing and preventing
incidents of prejudice;
8. Committing time and resources to expand diverse leadership opportunities within
the City Council, employees, committees, and advisory bodies, including outreach
to diverse social and professional organizations and publications;
9. Championing diversity, equity, inclusivity, and justice by leading with respect,
awareness, and acceptance;
10.Committing to keeping current on "best practices" that take place in other cities
and government jurisdictions, and partnering with other cities in sharing
information and efforts;
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POLICY #:
DIVERSITY, EQUITY, INCLUSION, AND JUSTICE
PAGE 3
11.Expecting all employees to exemplify this Policy in all workplace interactions and
through everyday practices.
B. Abide by the following to help promote diversity and inclusion in the workplace:
1. Pursue cultural competency throughout the organization by creating substantive
learning opportunities and formal, transparent policies;
2. Pursue and evaluate quantitative and qualitative research related to justice, equity,
diversity, and inclusion initiatives and barriers to guide the implementation of
effective measures;
3. Make incremental, measurable progress toward the visibility of the City's diversity,
equity, inclusion, and justice efforts;
4. Improve the City's cultural leadership pipeline by creating and supporting programs
and policies fostering leadership that reflects the full diversity of American society;
5. Identify and incorporate DEIJ efforts and components in the City's recruitment,
retention, and training efforts;
6. Pool resources and expand offerings for underrepresented communities by
connecting with other organizations committed to DEIJ efforts;
7. Develop and present sessions internally on DEIJ to provide education and
resources and to support full implementation of this Policy;
8. Promote opportunities for organizations, businesses, and advocacy groups to
share information with the City and with each other regarding the changing
realties of the workforce and workplace;
9. Be intentional in bringing awareness and consciousness of bias during the hiring,
promoting, and/or evaluating process and institute practices to increase DEIJ in all
aspects of recruitment and retention;
10.Advocate for public and private-sector policies that DEIJ and challenge systems
and policies that create inequity, oppression, and disparity.
C. Promote inclusive outreach to diverse communities by:
1. Identifying traditionally underrepresented or marginalized communities within the
City and developing and implementing strategies to increase effective
communication and engagement;
2. Regularly conferring with representatives of diversity groups to better understand
and support the community and to ensure ongoing application and review of this
Policy;
3. Work with community partners to support opportunities for professional leadership
and DEIJ training for small businesses within the City;
4. Intentionally incorporate DEIJ initiatives into the City's economic development
efforts, including support for small and diverse businesses;
5. Evaluating barriers to participation in decision-making processes by traditionally
underrepresented or marginalized communities and developing mechanisms to
reduce identified barriers;
6. Fostering an environment of inclusivity in internal and public-facing events,
meetings, and processes through intentional application of this Policy.
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OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5142 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 11th day of January, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of
January, 2022.
JESSICA MATSON, CITY CLERK
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Item 8.f.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
Bill Robeson, Assistant City Manager/Public Works Director
BY: Sarah Lansburgh, Deputy City Clerk
SUBJECT: Consideration of Authorizing the Display of the Juneteenth Flag
During the week of June 17-24, 2022 at City Hall
DATE: May 24, 2022
SUMMARY OF ACTION:
Authorization of the display of the Juneteenth Flag at City Hall for the week beginning on
June 17 through June 24, 2022 in recognition of the Juneteenth National Independence
Day.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no financial impact and minimal impact on personnel resources related to
authorizing the display of the Juneteenth Flag.
RECOMMENDATION:
Authorize the display of the Juneteenth Flag for the week beginning on June 17 through
June 24, 2022, at City Hall.
BACKGROUND:
At a City Council meeting in early 2021, Council Member Barneich requested that City
Council consider displaying the commemorative LGBTQ+ Pride Flag at City Hall. At the
time, the City did not have a Council-adopted policy regarding the display of such flags
or the display of commemorative flags. In response, City staff prepared a Resolution
(Attachment 1) to adopt a City Flag Display Policy relating to the display of flags for
Council’s consideration at the May 25, 2021 City Council meeting. Following discussion,
the Policy was modified and adopted by the City Council.
The adopted Flag Display Policy outlines the procedures and standards for the display of
flags at City facilities, including the display of commemorative flags at City Hall and
Heritage Square Park. As set forth in the policy, commemorative flags may only be
displayed after being authorized by 4/5 members of the City Council and as an expression
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Item 8.f.
City Council
Consideration of Authorizing the Display of the Juneteenth Flag During the week
of June 17-24, 2022 at City Hall
May 24, 2022
Page 2
of the City’s official sentiments. Upon City Council authorization of the display of a
commemorative flag, the City will display it at City Hall and/or Heritage Square Park during
the designated period.
Juneteenth marks the day when federal troops arrived in Galveston, Texas in 1865 to
take control of the state and ensure that all enslaved people be freed. Juneteenth honors
the end of slavery in the United States and is con sidered the longest-running African
American holiday. Juneteenth became a state holiday in Texas in 1980, and a number of
other states subsequently followed suit. On June 17, 2021, President Joe Biden signed
the Juneteenth National Independence Day Act into law. Juneteenth is observed on June
19th each year, commemorating the emancipation of the last enslaved African Americans
in Texas on June 19, 1865.
ANALYSIS OF ISSUES:
City Hall has two flag poles and the City of Arroyo Grande has historically displayed the
United States Flag, the California State Flag, and the Arroyo Grande City Flag. The United
States Flag is also displayed at other City facilities such as the Recreation Services
Building at Elm Street Park and at the Corporate Yard. The Police Station also has th ree
flag poles that can be used to display flags.
The City’s flagpoles are not intended to serve as a forum for free expression by the public.
Rather, the City's flagpoles are to be used exclusively by the City, where the City Council
may display a commemorative flag as a form of government expression. The City will not
display a commemorative flag based on a request from a third party, nor will the City use
its flagpoles to sponsor the expression of a third party. Instead, the policy states that such
flag, as an expression of the City’s official sentiments, must be requested by a member
of the City Council itself.
The Government Speech Doctrine, defined by the United States Supreme Court,
establishes that a government organization, such as the City of Arr oyo Grande, may
advance its own expression without requiring viewpoint neutrality when the government
itself is the speaker, so long as its expression does not show religious preference or
encourage a certain vote in an election. Therefore, the City could act, based on the Policy,
to display a commemorative flag as a form of government expression, so long as the
commemorative flag does not show religious preference or encourage a certain vote in
an election. Consequently, if the City Council authorizes display of a commemorative flag,
the display of the commemorative flag would be an exercise of government expression,
where the City is the speaker (i.e., government speech).
Council Members Storton and Barneich have requested that the City Council consider
authorizing the display of the commemorative Juneteenth Flag. The Juneteenth Flag uses
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Item 8.f.
City Council
Consideration of Authorizing the Display of the Juneteenth Flag During the week
of June 17-24, 2022 at City Hall
May 24, 2022
Page 3
the red, white, and blue of the United States flag to signify that enslaved people in the
United States and their descendants all were and are Americans. The white star a nd its
burst symbol on the flag represent newness and freedom. An image of the Juneteenth
flag is provided below.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Authorize the display of the Juneteenth Flag during the week of June 17-24, 2022
at City Hall.
2. Do not authorize display of the Juneteenth Flag; or
3. Provide other direction to staff.
ADVANTAGES:
The display of the Juneteenth Flag represents the commemoration of the end of slavery
in America, and the signing of S. 475 establishing Juneteenth National Independence
Day, June 19, as a legal public holiday. The display of the Juneteenth Flag demonstrates
the City’s commitment to diversity, equity, inclusivity, and justice.
DISADVANTAGES:
No disadvantages have been identified by displaying the Juneteenth Flag.
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.
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Item 8.f.
City Council
Consideration of Authorizing the Display of the Juneteenth Flag During the week
of June 17-24, 2022 at City Hall
May 24, 2022
Page 4
Attachments:
1. Resolution 5083 and City of Arroyo Grande Policy on Display of Flags
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ATTACHMENT 1
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Item 8.g.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
Timothy J. Carmel, City Attorney
SUBJECT: Consideration of Adoption of a Resolution Approving the Second
Amended and Restated Joint Powers Agreement to Establish an
Integrated Waste Management Authority for the Cities of San Luis
Obispo County, California
DATE: May 24, 2022
SUMMARY OF ACTION:
Adopt a Resolution Approving the Second Amended and Restated Joint Powers
Agreement to Establish an Integrated Waste Management Authority for the Cities of San
Luis Obispo County, California (IWMA).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no direct fiscal impact as a result of this item. However, a proposed rate increase
request by South County Sanitary is currently being reviewed, a required Proposition 218
notice was sent to all Arroyo Grande residents, and a public hearing will be held on June
14, 2022, to consider the requested rate increase. The increase includes language related
an increase to the IWMA’s fees, which are anticipated to rise by 5.4% effective July 1,
2022.
RECOMMENDATION:
Adopt a Resolution Approving the Second Amended and Restated Joint Powers
Agreement to Establish an Integrated Waste Management Authority for the Cities of San
Luis Obispo County, California (the “Second Amended JPA”).
BACKGROUND:
The Integrated Waste Management Authority (IWMA or Authority) is a Joint Powers
Authority that previously was comprised of the County of San Luis Obispo (County), the
seven cities (Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo
Beach, and San Luis Obispo) and numerous special districts (the Avila Beach, California
Valley, Cambria, Ground Squirrel Hollow, Heritage Ranch, Los Osos, Nipomo, Oceano,
San Miguel, Nipomo, San Simeon, and Templeton Community Services Districts, and the
Cayucos Sanitary District). The IWMA had been governed by a First Amended Joint
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Item 8.g.
City Council
Consideration of Adoption of a Resolution Approving the Second Amended and
Restated Joint Powers Agreement to Establish an Integrated Waste Management
Authority for the Cities of San Luis Obispo County, California
May 24, 2022
Page 2
Powers Agreement (JPA) entered into by the County and the seven cities. A
Memorandum of Agreement (MOA) between the IWMA’s member jurisdictions and the
special districts in the County with activated solid waste powers has governed the
identified special districts’ participation in the IWMA. The IWMA was previously governed
by a thirteen-member Board of Directors consisting of all five County Supervisors, one
elected representative from each of the seven cities, and one elected representative f rom
the participating special districts.
On May 18, 2021, the County of San Luis Obispo commissioned a third -party study of
costs to assess the fiscal impacts of the County’s withdrawal from the IWMA.
Subsequently, on August 10, 2021, the County Board of Supervisors held a hearing to
decide whether to withdraw from the IWMA and voted to withdraw from the IWMA and
implement an independent County solid waste compliance program. On September 14,
2021, the County Board of Supervisors passed a Resolution to fo rmally notify the IWMA
of its intent to withdraw on November 15, 2021.
On October 13, 2021, the IWMA Board of Directors approved as to form a Second
Amendment to the JPA that removed the County and enabled the Board of Directors to
continue to meet and conduct the necessary business of the IWMA and also a form of an
amendment to the MOA between the IWMA members and the special districts to ensure
consistency with the amended JPA. On November 9, 2021, the City Council approved the
proposed Second Amendment to the JPA to ensure that the IWMA Board of Directors
could continue to meet without the participation of the County Board of Supervisors. The
approval included adoption of a Resolution, however, that provided that in addition to the
proposed amendments to the JPA and MOA, specific conditions were to be included to
address the City’s remaining concerns following the County’s exit. The Resolution
required additional revisions to the JPA, as well as other actions, in order for the City to
continue its membership. These revisions and additional actions included:
1. Add a provision to the JPA which clearly and directly limits the IWMA’s ability
to adopt, impose, or implement any rule, regulation, policy, or ordinance in
excess of State requirements (also requested by Grover Beach, Paso Robles,
Pismo Beach, and San Luis Obispo);
2. Amend the JPA to require at least 6 months’ notice in the event that a member
wishes to leave the IWMA (also requested by Pismo Beach);
3. Begin recruitment and diligently pursue hiring a permanent Executive Director
as soon as practical (also requested by Grover Beach, Paso Robles, Pismo
Beach, and San Luis Obispo);
4. Hire a third-party firm with solid waste management expertise to analyze fees,
staffing structures and make recommendations for any programs and services
that are not required by, or are in excess of, State solid waste regulations. The
report shall identify potential cost saving measures and the IWMA Board shall
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Item 8.g.
City Council
Consideration of Adoption of a Resolution Approving the Second Amended and
Restated Joint Powers Agreement to Establish an Integrated Waste Management
Authority for the Cities of San Luis Obispo County, California
May 24, 2022
Page 3
review and implement those recommendations to reduce costs and minimize
expenses. The report must be reviewed by the managers of the IWMA member
agencies before it is completed and implemented (also requested by Grover
Beach, Paso Robles, Pismo Beach, and San Luis Obispo, with the exception
of the italicized language which was proposed by Arroyo Grande);
5. Provide all information necessary to support the adoption of fees that meet all
applicable legal requirements, including any information needed by the
member agencies to implement the IWMA’s fees as determined through
coordination with the managers of the member agencies (requested by Arroyo
Grande only); and
6. Rescind IWMA Resolution No. 21-06-02 and coordinate with the member
agencies’ managers before adopting any other increases to the IWMA’s fees
(requested by Arroyo Grande only).
ANALYSIS OF ISSUES:
The City of Arroyo Grande is, and has been, a significant partner to the IWMA, and the
IWMA has been a crucial partner in assisting the City in meeting compliance with State
mandates, including SB 1383. Agencies’ continued participation as members of the IWMA
is critical for the IWMA’s ongoing viability as a regional organization. Regionality in solid
waste traditionally provides an economy of scale, ensures consistent education and
outreach among member jurisdictions, and locally has been a successful means of
meeting waste diversion and regulatory compliance since 1994. The role of the IWMA
has provided its member agencies with educational outreach on landfill diversion, source
reduction, and emissions reduction efforts implemented in local communities. The IWMA
is a regional government entity representing its members in solid waste diversion and
reduction efforts. The efficacy of the organization depends on the breadth and
participation of its member base. To continue as an operating regional organization, the
remaining member agencies needed to agree on terms for the organization without the
County’s involvement.
A committee of staff from the IWMA and the remaining member agencies was formed to
develop the additional amendments, which are now being presented to the City Council
for approval in the form of the new Second Amended JPA. The Second Amended JPA
includes the following revisions:
A new Section 7 has been added, titled Expressed Limitation of Powers. This Section
explicitly limits the Authority’s regulatory and ordinance power to state mandated
legislation only. This Section provides that:
The Authority’s power to adopt, impose, implement, and/or comply with
regulations and ordinances is expressly limited to st ate-mandated
legislation and exercising such powers as are im posed by law in the
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Item 8.g.
City Council
Consideration of Adoption of a Resolution Approving the Second Amended and
Restated Joint Powers Agreement to Establish an Integrated Waste Management
Authority for the Cities of San Luis Obispo County, California
May 24, 2022
Page 4
exercise of regulations related to solid waste, recycling, organic waste, and
waste diversion. The Authority shall establish a budget policy requiring
Board consideration of the minimum work required to comply with state
mandates and regulations in the most demonstrably cost-effective way
possible...
Section 15, Withdrawal and Dissolution, now provides for a six (6) month notice to
withdraw as opposed to the 30 days that had been in the original JPA.
The Second Amended JPA also includes new updated recitals to include historical
context and key pieces of legislation adopted after the original JPA. References to the
County’s withdrawal is also provided for context, and AB 431, AB 1826, and SB 1383 are
identified as they expand the IWMA’s scope of service. Also, Section 10.5., Quorum and
Voting, previously included a supermajority provision wherein any Board member could
demand eight (8) affirmative votes on any item. This provision has been deleted.
As noted, previously there was a separate MOA between the IWMA’s member
jurisdictions and the special districts (referred to in the Agreement as “Authorized
Districts”) that governed the special districts participation in the IWMA. Instead, provisions
have been included in the Second Amended JPA addressing the special districts as
Participating Agencies as signatories to the Agreement, to a void confusion created by the
existence of two documents (the JPA and the MOA). As permitted by the Public
Resources Code Section 40977, the Second Amended JPA includes one Authorized
District to be included as a member in the IWMA regional agency for the purpose of
representation on the IWMA Board of Directors.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt a Resolution Approving the Second Amended and Restated Joint Powers
Agreement to Establish an Integrated Waste Management Authority for the Cities
of San Luis Obispo County, California.
2. Provide direction to further evaluate withdrawing from the IWMA and entering into
an agreement with the County to conduct all solid waste regulatory compliance
work; or
3. Provide additional direction to staff to perform an analysis on the comparative costs
of staffing and performing these services in-house; or
4. Provide other direction to staff.
ADVANTAGES:
Approving staff’s recommendations will enable the City to continue its membership in the
IWMA, which significantly assists the City in satisfying its solid waste management
obligations under State law.
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Item 8.g.
City Council
Consideration of Adoption of a Resolution Approving the Second Amended and
Restated Joint Powers Agreement to Establish an Integrated Waste Management
Authority for the Cities of San Luis Obispo County, California
May 24, 2022
Page 5
DISADVANTAGES:
No disadvantages are identified to continuing to participate in the IWMA at this time.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Resolution and Second Amended and Restated Joint Powers
Agreement to Establish an Integrated Waste Management Authority for the Cities
of San Luis Obispo County, California
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ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE OF
THE ADOPTING THE SECOND AMENDED AND RESTATED JOINT POWERS
AGREEMENT TO ESTABLISH AN INTEGRATED WASTE MANAGEMENT
AUTHORITY FOR THE CITIES OF SAN LUIS OBISPO COUNTY, CALIFORNIA
WHEREAS, on May 10, 1994, an agreement was executed by and between the
incorporated cities of San Luis Obispo County (“Cities”) and the County of San Luis Obispo
forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act
(Government Code sections 6500 et seq.), for the purpose of facilitating the development of
waste diversion programs and projects that provide economies of scale without interfering with
individual agencies’ exercise of power within their own jurisdiction (hereinafter referred to as
the “JPA Agreement”); and
WHEREAS, pursuant to the JPA Agreement, the power to perform the responsibilities
of the joint powers authority was vested in the San Luis Obispo County Integrated Waste
Management Authority Board of Directors (“IWMA Board”); and
WHEREAS, in or around 2001, a Memorandum of Agreement (“MOA”) was executed
by and between the Cities, the County of San Luis Obispo, and certain special districts within
San Luis Obispo County that possessed solid waste authority (“Authorized Districts”),
amending the JPA Agreement to include the Authorized Districts for representation on the
IWMA Board (also known as the First Amendment to the JPA Agreement); and
WHEREAS, in or around April 13, 2022, the IWMA Board considered and approved
amendments to the JPA Agreement (“Second Amended and Restated JPA”), including those
reflecting the withdrawal of San Luis Obispo County from the IWMA, and directed IWMA staff
to circulate it to Participating Agencies for approval (a true and correct copy of the Second
Amended and Restated JPA is attached hereto as Exhibit A); and
WHEREAS, the Second Amended and Restated JPA shall amend the JPA Agreement
and shall be considered a Memorandum of Understanding between the Cities and the
Authorized Districts to enable and allow one (1) representative of the Authorized District s to
participate in the governance of the IWMA as a member agency pursuant to Section 40977 of
the Public Resource Code to represent the interests of all Authorized Districts; and
WHEREAS, all Authorized Districts are encouraged to execute the Second Amended
and Restated JPA prior to October 15, 2022, or otherwise pursue means by which to achieve
their waste diversion goals and to comply with the Integrated Waste Management Act,
Assembly Bill 341, Assembly Bill 1826, Senate Bill 1383, and all current and future state-
mandated laws, rules and regulations; and
WHEREAS, the City Council of the City of Arroyo desires to acknowledge, accept, and
agree to be bound by the terms and conditions of the Second Amended and Restated JPA.
Page 93 of 386
- 2 -
RESOLUTION NO.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby declare, determine, and order as follows:
SECTION 1. The foregoing Recitals are true, correct and are incorporated herein.
SECTION 2. The City of Arroyo Grande hereby acknowledges, accepts, and agrees to be
bound by the terms and conditions of the Second Amended and Restated JPA, a copy of which
is attached hereto as Exhibit A and incorporated herein by reference.
SECTION 3. This Resolution shall take effect immediately upon adoption. The City Manager
or her designee is directed to deliver this adopted resolution to the IWMA’s Interim Executive
Director and Executive Committee.
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 24th day of May, 2022.
Page 94 of 386
- 3 -
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
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EXHIBIT “A”
SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT TO
ESTABLISH AN INTEGRATED WASTE MANAGEMENT AUTHORITY FOR THE CITIES
OF SAN LUIS OBISPO COUNTY, CALIFORNIA
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JOINT POWERS AGREEMENT
TO ESTABLISH AN
INTEGRATED WASTE MANAGEMENT AUTHORITY
FOR THE CITIES OF
SAN LUIS OBISPO COUNTY, CALIFORNIA
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SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT
TO ESTABLISH AN
INTEGRATED WASTE MANAGEMENT AUTHORITY
FOR THE CITIES OF SAN LUIS OBISPO COUNTY, CALIFORNIA
THIS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT is
made and entered into this day of , 2022, by and between the
incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover
Beach, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal
corporations of the State of California and located within the boundaries of the
County of San Luis Obispo California, hereinafter called “Cities.”
WHEREAS, on May 10, 1994, an agreement was executed by and between
the Cities and the County of San Luis Obispo (“County”) forming a joint powers
authority pursuant to the provisions of the Joint Exercise of Powers Act
(Government Code section 6500 et seq., for the purpose of facilitating the
development of waste diversion programs and projects that provide economies of
scale without interfering with individual agencies’ exercise of power within their
own jurisdiction (hereinafter referred to as the “Original JPA Agreement”); and
WHEREAS, pursuant to the Original JPA Agreement, the member agencies
created and established a public entity identified as t he San Luis Obispo County
Integrated Waste Management Authority (“IWMA”); and
WHEREAS, in or around 2001, a Memorandum of Agreement (“MOA”) was
executed by and between the Cities, the County, and certain special districts
within the County (“Authorized Districts”) amending the Original JPA Agreement
to include the Authorized Districts for representation on the IWMA Board; and
WHEREAS, on or about November 15, 2021, the County withdrew from the
IWMA; and the Cities and Authorized Districts determined that a single regional
agency remained advantageous to advise, plan for, and implement solutions to
common solid waste and a waste diversion efforts; and
WHEREAS, the IWMA was originally formed to meet the requirements of
the California Integrated Waste Management Act (California Public Resources
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Code section 40000 et seq.) and all regulations adopted under that legislation
require, among other things, that certain public agencies in California make
adequate provision for solid waste management within their jurisdictions; and
WHEREAS, since the IWMA’s formation, Assembly Bill 341 (Chesbro, 2011)
(Recycling of Commercial Solid Waste (“MCR”)) was signed into law and
established requirements for jurisdictions to implement a commercial solid waste
recycling program designed to divert commercial solid waste; and
WHEREAS, since the IWMA’s formation, Assembly Bill 1826 (Chesbro, 2014)
(Recycling of Commercial Organic Waste (“MORe”)) was signed into law and
established the requirement for jurisdictions to implement an organic waste
recycling program to divert organic waste generated by businesses; and
WHEREAS, since the IWMA’s formation, Senate Bill 1383 (Lara, 2016) was
signed into law requiring jurisdictions to implement organic waste diversion
programs that include providing organic waste collection services to businesses
and residences, edible food recovery goals, public education and outreach,
contamination monitoring and sampling activities, recordkeeping and reporting,
organic materials and edible food recovery, infrastructure capacity planning,
procurement of recovered organic waste products, and enforcement; and
WHEREAS, the Cities and Authorized Districts continue to believe that by
combining their separate powers they can achieve their waste diversion goals and
satisfy the requirements of the Integrated Waste Management Act and other
legislation more effectively than if they exercise those powers separately; and
WHEREAS, the Cities affirm, that pursuant to this Second Amended and
Restated Joint Powers Agreement, the IWMA remains a regional agency in
accordance with Public Resources Code section 40970 et seq.; and
WHEREAS, pursuant to Section 40977, the Cities shall include one (1)
Authorized District to be included as a member in the IWMA regional agency for
the purpose of representation on the IWMA Board of Directors; and
WHERAS, the Authorized District “member” may change from time to time;
the current elected or appointed Authorized District representative shall
represent the collective interests of all Authorized Districts; and
WHEREAS, this Second Amended and Restated Joint Powers Agreement
shall be considered a Memorandum of Understanding between the Cities and the
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Authorized Districts to enable and allow one (1) representative of the Authorized
Districts to participate in the governance of the IWMA as a member agency
pursuant to Section 40977 of the Public Resource Code to represent the interests
of all Authorized Districts; and
WHEREAS, the Cities and the Authorized Districts (together “Participating
Agencies”) desire to establish and confer upon a separate legal entity the powers
necessary to enable them to achieve their waste diversion goals and to comply
with the Integrated Waste Management Act, Assembly Bill 341, Assembly Bill
1826, Senate Bill 1383, and all current and future state-mandated laws, rules and
regulations to the extent allowed by law and by the terms and conditions of this
Second Amendment; and
WHEREAS, the Participating Agencies desire to avoid a series of
amendments to the Agreement over time due to future state-mandated
legislation and programs, and as such, the parties desire to authorize the IWMA
Board to enact policies, resolutions, and ordinances as are necessary to ensure
and oversee compliance with any and all future state-mandated programs related
to solid waste, recycling, waste diversion, and any other purpose of the Authority
as provided in this Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION 1. Definitions.
To the extent that any of the following definitions conflict with any definition set
forth in the California Integrated Waste Management Act, (Pub. Resources Code,
§ 40000 et seq.), and the Regulations promulgated thereunder, said Act and/or
Regulations shall take priority. The terms defined in this Section that begin in this
Agreement with quotation marks have the following meanings:
1.1 “Act” means the California Integrated Waste Management Act
of 1989 (Pub. Resources Code, § 40000 et seq.) and all regulations adopted under
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that legislation, as that legislation and those regulations may be amended from
time to time.
1.2 “Agreement” means this Second Amended and Restated Joint
Exercise of Powers Agreement, as it may be amended from time to time.
1.3 “Authority” means the San Luis Obispo County Integrated
Waste Management Authority, a joint exercise of powers agency created by the
Members pursuant to this Agreement.
1.4 “Authorized Districts” means certain special districts with solid
waste authority participating in the IWMA through this Second Amended and
Restated Joint Powers Agreement, including but not limited to the Avila Beach
Community Services District, California Valley Community Services District,
Cambria Community Services District, Cayucos Sanitary District, Ground Squirrel
Hollow Community Services District, Heritage Ranch Community Services District,
Los Osos Community Services District, Nipomo Community Services Distri ct,
Oceano Community Services District, San Miguel Community Services District, San
Simeon Community Services District, and Templeton Community Services District,
or other qualified agencies that may later determine to become a Participating
Agency by execution of this Agreement.
1.5 “Authorized District Representative” means the
representative, or alternate, elected or appointed by the Authorized Districts to
represent the Authorized Districts’ interests as a member of the IWMA regional
agency pursuant to Section 40977 of the Public Resources Code.
1.6 “Board” means the Board of Directors of the Authority
1.7 “CalRecycle” means the California Department of Resources
Recycling and Recovery.
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1.8 “City” means any Participating Agency that is a city, and
“Cities” means all of the Participating Agencies that are Cities.
1.9 “Composting Facility” means a facility at which composting is
conducted and which produces a product meeting the definition of compost in
Public Resources Code (PRC) section 40116. (“Compost” means the product
resulting from the controlled biological decomposition of organic wastes that are
source separated from the municipal solid waste stream, or which are separated
at a centralized facility. “Compost” includes vegetable, yard and wood wastes
which are not hazardous waste, and biosolids where combined with other organic
materials in a mixture that consists largely of decayed organic matter, and is used
for fertilizing and conditioning land.)
1.10 “Executive Director” means the person hired and appointed by
the Board as the Authority's chief administrative officer to administer the affairs
of the Authority and to implement the policies of the Board.
1.11 “Fiscal Year” means the period commencing on each July 1 and
ending on the following June 30.
1.12 “HHW” means household hazardous waste as described in the
household hazardous waste element as required by the Act (Pub. Resources Code,
§ 40000 et seq.), as that element may be amended from time to time.
1.13 “HHWE” means the Household Hazardous Waste Element as
required by the Act (Pub. Resources Code, § 40000 et seq.) as that element may
be amended from time to time.
1.14 “IWMA” means the Authority as defined herein.
1.15 “IWMA Region” means the jurisdictional territory and
boundaries of all Participating Agencies.
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1.16 “Joint Facilities” means a materials recovery facility,
composting or HHW Facility, or other facility developed for the purpose of
complying with requirements established by state legislation or the regulations of
CalRecycle, or combination thereof, which is owned by some or all of the
Participating Agencies directly, or by the Authority, or by a private entity, or a
public agency, for the benefit of some or all of the Participating Agencies.
1.17 “Members” means the Cities who are members of this regional
agency, formed pursuant to Public Resources Code section 40970 et seq, and the
one (1) Authorized District Representative pursuant to Public Resources Code
section 40977.“MRF” means a “materials recovery facility” which means a
permitted solid waste facility where solid wastes or recyclable materials are sorted
or separated, by hand or by use of machinery, for the purposes of recycling or
composting. (Title 14, Ch. 9, Art. 3, Section 18720, “Definitions.”) "MRF" also
means a transfer station which is designed to, and, as a condition of its permit,
shall recover for reuse or recycling at least 15 percent of the total volume of
material received by the facility. (Pub. Resources Code, § 50000(a)(4).)
1.18 “Participating Agency” or “Participating Agencies” means and
shall include the Cities and the Authorized Districts who are signatories to this
Agreement, delegating powers to the Authority pursuant to this Agreement, and
participating in the governance of the IWMA.
1.19 “NDFE” means a Nondisposal Facility Element as required by
the Act (Pub. Resources Code, § 40000 et seq.), as that element may be amended
from time to time.
1.20 “Revenue Bonds” means revenue bonds, notes, certificates of
participation and any other instruments and evidences of indebtedness issued by
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the Authority from time to time pursuant to the law or any other applicable law in
order to finance the MRF, any Joint Facilities or any Sole Use Facilities.
1.21 “Sole Use Facilities” means an integrated resource recovery
facility, performing one or more of the functions of a MRF, composting or HHW
Facility which is located within the boundary of the Authority and is owned by one
Participating Agency or a private entity, but in all events is operated for the benefit
of the residents and/or constituents of the IWMA Region.
1.22 “Solid Waste Landfill” shall have the meaning set forth in
Section 40195.1 of the Public Resources Code, as that section may be amended
from time to time.
1.23 “SRRE” means a Source Reduction And Recycling Element as
required by the Act (Pub. Resources Code, § 40000 et seq.), as that element may
be amended from time to time.
SECTION 2. Purpose.
Government Code section 6500 et seq. provides that two or more public agencies
by agreement may jointly exercise any power common to the contracting parties.
Public Resources Code section 40977 authorizes a district to be included as a
member of a regional agency. Public Resources Code section 40976 authorizes a
city or county to enter into a memorandum of understanding with another city,
county, or district for the purpose of preparing and implementing source
reduction and recycling elements or a countywide integrated waste management
plan. It is the intent of the Participating Agencies to utilize these statutory
authorizations in this Agreement.
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The Participating Agencies enter this Agreement with the intent to operate the
Authority in compliance with the requirements of the Act and other state
legislation, with a minimum level of staff, addressing those operations and
programs that can be most cost-effectively handled at the regional level by
maximizing local resources, private sector participation, and contract services
provision. The duties and responsibilities of each Participating Agency are
described in the applicable adopted plans. The Authority is formed with the
purpose and intent of facilitating the development of programs and projects
related to waste diversion for the benefits of the residents and/or constituents of
the IWMA Region that provide economies of scale without interfering with
individual agencies' exercise of power within their own jurisdiction.
SECTION 3. Creation of Authority.
3.1 The Cities hereby re-create and re-establish an authority and
public entity to continue to be known as the “San Luis Obispo County Integrated
Waste Management Authority,” (hereinafter referred to as the “Authority” or
“IWMA”) it being understood that the Board shall be entitled to change the
Authority's name from time to time. The Authority shall be a public entity separate
from each of the Cities and the Authorized Districts.
3.2 The Authority shall constitute and remain as a regional agency
pursuant to Public Resources Code section 40970 et seq. The regional agency shall
include one (1) Authorized District Representative as a member pursuant to Public
Resources Code section 40977. Said regional agency, and not the Participating
Agencies of the regional agency, shall be responsible for compliance with the
waste diversion requirements set forth in Public Resources Code, Article 1 of
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Chapter 6 (commencing with Section 41780). In the event that the regional agency
fails to comply with said waste diversion requirements, it is expressly understood
and agreed that Section 14 of this Agreement shall provide for indemnification for
the benefit of the regional agency and its Participating Agencies as specifically set
forth therein.
3.3 The assets, rights, debts, liabilities, and obligations of the
Authority shall not constitute assets, rights, debts, liabilities, or obligations of any
of the Participating Agencies. However, nothing in this Agreement shall prevent
any Participating Agency from separately contracting for, or assuming
responsibility for, specific debts, liabilities, or obligations of the Authority,
provided that both the Board and that Participating Agency approve such contract
or assumption in writing.
3.4 This Second Amended and Restated Joint Powers Agreement
shall take effect upon its adoption by each of the Cities. The Authorized Districts,
and each of them, may elect to participate in the IWMA by execution of this
agreement wherein they shall be bound by its terms and conditions. All prior
agreements, including the MOA, shall be extinguished upon the execution of this
Agreement by the Cities.
SECTION 4. Inclusion of the Authorized Districts.
4.1 This Second Amended and Restated Joint Powers Agreement
shall be considered a Memorandum of Understanding between the Cities and the
Authorized Districts to allow one (1) representatives of the Authorized Districts to
participate in the governance of the IWMA pursuant to Section 40977 of the Public
Resources Code. Participation of the Authorized Districts is limited to special
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districts within San Luis Obispo County that possess solid waste authority. The
Authorized District Representative shall have all the governing rights and powers
granted to an IWMA City Member. This Second Amended and Restated Joint
Powers Agreement shall supersede, replace, and supplant the Memorandum of
Agreement executed by and between the Cities, the County, and the Authorized
Districts in or around 2001.
4.2 Authorized Districts, collectively, shall appoint or elect one
representative and one alternate to represent the Authorized Districts on the
IWMA Board of Directors. Authorized District Representative shall be limited to
elected or appointed officials of an Authorized District. Said representatives shall
represent the collective interests of all Authorized Districts. The selected
Authorized District Representative shall serve a defined term, if so determined by
the Authorized Districts, or so long as they hold an elected or appointed office with
their Participating Agency, or until they resign or are removed prior to the end of
their term. The Authorized District Representative alternate shall be entitled to
vote on IWMA matters only in the absence of the Authorized District
Representative.
4.3 The Authorized Districts, as Participating Agencies, shall have
no individual powers and/or authority other than through the Authorized District
Representative.
SECTION 5. Term.
The Authority is and remains effective as of the date of this Agreement. It shall
continue until dissolved in accordance with Section 15 of this Agreement.
However, in no event shall the Authority be dissolved if its dissolution would
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conflict with or violate the terms or conditions of any Revenue Bonds or related
documentation including, without limitation, indentures, resolutions, and letter of
credit agreements.
SECTION 6. Powers.
6.1 The Authority is empowered to acquire, construct, finance,
refinance, operate, regulate and maintain a Solid Waste Landfill, transfer station,
MRF, composting, HHW, or Joint Facilities and Sole Use Facilities subject, however,
to the conditions and restrictions contained in this Agreement. The Authority shall
also have the power to plan, study and recommend proper solid waste
management consistent with the Act and other legislation and, to the extent
permitted by the Act and this Agreement, implement plans approved by the IWMA
and the programs specified in the state approved and locally adopted SRREs, the
HHWE, the NDFE, and the Countywide or Regional Siting Element for all or any
portion of the area included within the IWMA Region. Notwithstanding any other
provisions of this Agreement, the Authority shall not acquire, regulate, set fees
for, or operate any solid waste landfills, recycling, or composting facilities owned
or operated by Participating Agencies without the express written consent of such
Participating Agency.
6.2 To the full extent permitted by applicable law, the Authority is
authorized, in its own name, to do all acts necessary or convenient for the exercise
of such powers that each Member could exercise separately including, without
limitation, any and all of the following:
(a) to make and enter into contracts;
(b) to apply for and accept grants, advances and contributions;
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(c) to contract for the services of engineers, attorneys,
accountants, planners, consultants, fiscal agents and other
persons and entities;
(d) to make plans and conduct studies;
(e) to acquire, improve, hold, lease and dispose of real and
personal property of all types;
(f) to sue and be sued in its own name;
(g) to incur and discharge debts, liabilities and obligations;
(h) to establish rates, tolls, tipping fees, other fees, rentals and
other charges in connection with the Authority’s facilities
identified in Paragraph 6.1 herein, as well as any and all
services and programs provided and/or implemented by the
Authority;
(i) to hire agents and employees;
(j) to exercise the power of eminent domain for the acquisition
of real and personal property;
(k) to issue Revenue Bonds, grant or bond anticipation notes,
or other governmental financing instruments, in accordance
with all applicable laws for the purpose of raising funds to
finance or refinance the acquisition, construction,
improvement, renovation, repair, operation, regulation or
maintenance of the facilities identified in Paragraph 6.1
herein or as otherwise deemed necessary or beneficial to
the Authority;
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(l) to sell or lease the facilities identified in Paragraph 6.1
herein;
(m) to loan the proceeds of Revenue Bonds to any person or
entity to finance or refinance the acquisition, construction,
improvement, renovation or repair of the facilities
identified in Paragraph 6.1 herein;
(n) to provide that the holders of Revenue Bonds, whether
directly or through a representative such as an indenture
trustee, be third party beneficiaries of any of the obligations
of any Member to the Authority and to covenant with the
holders of any Revenue Bonds on behalf of any such
Member to perform such obligations and comply with any
agreements that Member may have with the Authority;
(o) to prepare and implement plans and programs as deemed
necessary and/or beneficial to the Authority in carrying out
the purposes of this Agreement;
(p) to provide public education, outreach, and marketing
activities in support of diversion and edible food recovery
programs;
(q) to enter into memorandums of understanding with other
regional agencies, cities, counties, and special districts;
(r) to adopt, as authorized by California law, ordinances as are
necessary to ensure and oversee compliance with any and
all current and future state-mandated legislation and
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programs related to solid waste, recycling, and waste
diversion;
(s) to act as the delegate, on behalf of the Participating
Agencies, for the responsibilities of compliance, monitoring,
reporting, and education of all state-mandated legislation,
including, but not limited to the Integrated Waste
Management Act, Assembly Bill 341, Assembly Bill 1826,
and Senate Bill 1383.
6.3 Such powers shall be exercised subject only to the limitations
set forth in this Agreement, applicable law, and such restrictions upon the manner
of exercising such powers as are imposed by law in the exercise of similar powers.
The Authority hereby designates the City of San Luis Obispo as the Member
required to be designated by Section 6509 of the California Government Code.
Should the Participating Agencies desire to designate an alternative agency for the
purposes of Section 6509, such new designation may be changed by resolution of
the Participating Agencies without need for an amendment to this Agreement.
6.4 This Agreement shall not limit the ability of the Participating
Agencies to plan, administer, implement, and otherwise conduct waste
management and other related local programs as deemed appropriate by the
agency and consistent with the purpose and intent of this Agreement.
SECTION 7. Expressed Limitation of Powers.
The Authority’s power to adopt, impose, implement, and/or comply with
regulations and ordinances is expressly limited to state-mandated legislation and
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regulations related to solid waste, recycling, organic waste, and waste diversion.
The Authority shall establish a budget policy requiring Board consideration of the
minimum work required to comply with state mandates and regulations in the
most demonstrably cost-effective way possible. Said policy shall not preclude
other requirements such as Board consideration of the equitable distribution of
services throughout the IWMA Region and program enhancements that are
funded by grant revenues and/or reimbursements from Participating Agencies.
Additionally, the IWMA shall establish a purchasing policy with a similar provision
when preparing scopes of work for consultants and independent contractors who
are engaged in implementing the Authority’s projects and programs.
Notwithstanding the foregoing, all existing IWMA ordinances, rules, and
regulations, whether or not mandated by the state, shall remain in full force and
effect and not subject to this limitation of power unless otherwise determined by
the Board.
SECTION 8. Boundaries.
The boundaries of the Authority shall be the boundaries of the Cities and the
Authorized Districts identified herein as the IWMA Region. In the event a
Participating Agency withdraws from the Authority, the boundaries shall be
modified to exclude the area of the withdrawing agency. In the event a qualified
city or district joins the Authority, the boundaries shall be modified to include the
area of the joining Participating Agency. Section 8 shall not prevent the Authority’s
use and/or operation of facilities outside of its boundaries within the County of
San Luis Obispo.
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SECTION 9. Organization.
9.1 The Board. The Authority shall be governed by the Board,
which shall exercise or oversee the exercise of all powers and authority on behalf
of the Authority.
9.2 Participating Agencies.
(a) Cities. City membership in the Authority shall be
voluntary, but only the cities incorporated in the
County of San Luis Obispo presently or in the future,
are declared eligible for membership in the Authority
as a regional agency. City representatives to the
Authority shall consist of one (1) member from the
governing body of each incorporated City within the
boundaries of the County of San Luis Obispo which is
a party to this Agreement. The Cities may elect to
have an alternate member(s) in addition to any
official member, but said alternate shall be an elected
or appointed official and shall be able to vote only in
the absence of the official representative.
(b) Authorized Districts. The Authorized Districts shall be
collectively represented on the Board by one (1)
representative and one (1) alternate elected or
appointed by and among themselves. The Authorized
District Representative shall have all rights, power,
and authority granted to a City representative. The
Authorized District alternate shall be elected or
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appointed officials and entitled to vote only in the
absence of the official Authorized District
Representative.
(c) Representatives of the shall be appointed to serve on
the Board in accordance with procedures established
by each of the governing bodies of their respective
agencies, except that the Authorized District
Representative and alternate shall be elected or
appointed pursuant to Section 4. Representatives
shall serve so long as they hold office with their
member agency, until they shall resign or are
removed by a majority vote of their member agency,
or pursuant to a set term established by their
member agency. Vacancies among representatives or
alternates shall be filled in the same manner as the
first appointment.
(d) Designation of the official representative or
alternate(s), or changes thereto, shall be transmitted
in writing to the Executive Director of the Authority
by the appointing agency.
(e) In addition to the incorporated Cities and Authorized
Districts presently a party to this Agreement, any
other city or qualified special district which may
desire to participate in the activities of the Authority
may do so by executing this Agreement without prior
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approval or ratification of the named parties to this
Agreement and shall thereafter be governed by all
the terms and provisions of this Agreement as of the
date of execution.
(f) Membership and/or participation of any Participating
Agency shall be contingent upon the execution of this
Second Amended and Restated Joint Powers
Agreement, as same may be further amended from
time to time, with no requirement to execute the
Original JPA or any prior amendments thereto.
9.3 Principal Office. The principal office of the Authority shall be
located at 870 Osos Street, San Luis Obispo, CA 93401. The Board may change that
principal office upon giving at least 15 days' notice to each Participating Agency
and to CalRecycle.
9.4 Officers.
(a) The officers of the Board shall consist of a President
and Vice President elected for a term of one year by
a majority vote of the Board
(b) Both the President and Vice President of the Board
shall be elected at the last meeting preceding July of
each year.
(c) The officers shall serve until their successors are
elected.
(d) The duties of the officers shall be as follows:
1) President
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a) Shall preside over all meetings of the
Board.
b) Shall appoint all ad hoc committees
subject to ratification by the Board.
c) Shall be an ex-officio member of all
committees.
d) Shall execute all contracts and legal
documents on behalf of the Authority
except those that have been delegated
to the Executive Director through
purchasing policies or other actions of
the Board of Directors.
2) Vice President
a) Shall serve as President pro-tem in the
absence of the President.
b) Shall give whatever aid necessary to the
President.
c) Shall be an ex-officio member of all
committees.
d) In the event of a vacancy occurring in the
office of either the President or Vice
President upon said officer's death,
resignation, removal or his/her ceasing
to be an official representative of a
member agency, such vacancy will be
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filled by majority vote of the Board, the
officer elected to serve for the balance
of the unexpired term.
9.5 Executive Director. The Board shall employ or contract for the
services of a general manager (the “Executive Director”) who shall be the chief
administrative officer of the Authority. The Authority shall select a qualified
Executive Director using professional personnel standards and an open
competitive process. The Executive Director shall plan, organize and direct the
administration and operations of the Authority, either directly or by means of
delegation to IWMA staff, shall advise the Board on policy matters, shall
recommend an administrative structure to the Board, shall hire and discharge
administrative staff, shall develop and recommend budgets, shall reply to
communications on behalf of the Authority, shall approve payments of amounts
duly authorized by the Board, shall implement Board policy, shall carry out such
other duties that may be assigned to the Executive Director by the Board from
time to time, and shall attend meetings of the Board and committees as directed.
9.6 Committees.
(a) Committees, subcommittees, and advisory
committees may be established as the Board may
deem appropriate.
(b) Membership on “ad-hoc” policy committees shall be
at the discretion of the President, subject to
ratification by the Board, and consisting of less than a
quorum of the Board. Nothing herein shall be
construed to limit membership on these aforesaid
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committees to officials of the member agencies. The
President may appoint any individual deemed
qualified to serve on a committee.
(c) Standing Committees shall include an Executive
Committee and other committees as established by
the Board. The composition and bylaws of the
standing committees shall be established by the
Board by resolution. All Standing Committee
meetings shall be held subject to the provisions of the
Ralph M. Brown Act (Sections 54950 et seq. of the
California Government Code) and other applicable
laws of the State of California.
SECTION 10. Meetings of the Board.
10.1 Notice of Meetings. All meetings of the Board shall be held
subject to the provisions of the Ralph M. Brown Act (Sections 54950 et seq. of the
California Government Code) and other applicable laws of the State of California.
10.2 Regular Meetings. The Board shall hold at least four regular
meetings each year. The date upon which, and the hour and place at which, each
regular meeting shall be fixed by resolution of the Board.
10.3 Special Meetings. Special meetings of the Board may be called
in accordance with the provisions of the California Government Code.
10.4 Notice of Meetings. All meetings of the Board shall be held
subject to the provisions of the Ralph M. Brown Act (Sections 54950 et seq. of the
California Government Code) and other applicable laws of the State of California.
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10.5 Minutes. The Executive Director shall cause minutes of all
meetings of the Board and any standing committees of the Board to be kept and
shall, after each meeting and approval of the Board, cause a copy of the minutes
to be forwarded to each Participating Agency.
10.6 Quorum and Voting. For purposes of conducting business,
there shall be present a quorum consisting of a majority of the Board. Each
director shall have one vote. No action shall be effective without the affirmative
votes of a majority of those present. The Board shall adopt such procedures as are
consistent with this Agreement and applicable law and are necessary or helpful in
conducting the business of the Authority in an orderly manner.
10.7 Budget. The Cities and the County have entered into a
Memorandum of Agreement among the County of San Luis Obispo and the Cities
of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo
Beach, and San Luis Obispo for the Establishment and Payment of Landfill Tipping
Fee Surcharges To Support The San Luis Obispo Integrated Waste Management
Authority (the “MOA”). Pursuant to the MOA, those members of the Authority
having jurisdiction over such matters have agreed to establish tipping fee
surcharges (the “Tipping Fee Surcharges”) which shall be paid into a Solid Waste
Authority—Trust Fund (as defined in the MOA) for the purposes therein.
(a) A line item and program budget for the Authority's
operations shall be adopted by the Board for the
ensuing Fiscal Year prior to June 30 of each year. All
costs incurred by the Authority shall be set forth in
the budget and shall be paid out of the solid waste
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fund derived from tipping fee surcharges and other
sources as approved by the Board.
The line item and program budget shall be submitted
in draft form to all Participating Agencies for review
and comment prior to adoption.
The line item and program budget shall include
sufficient detail to constitute an operating guideline,
the anticipated sources of funds, and the anticipated
expenditures to be made for the operations of the
Authority and the administration, maintenance and
operating costs of the facilities identified in
Paragraph 6.1 herein. Any budget for Sole Use
Facilities shall be maintained separately. Approval of
the line item and program budget by the Board shall
constitute authority for the Executive Director to
expend funds for the purposes outlined in the
approved budget, subject to the availability of funds.
(b) A budget for the acquisition, construction, or
operation of facilities, or for contracting for the
acquisition, construction, or operation of facilities,
identified in Paragraph 6.1 herein shall be adopted
by the Board before the Authority commits any
acquisition or construction funds or contracts. It
may be amended if and when determined by the
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Board. Approval of the budget(s) for the facilities
identified in Paragraph 6.1 herein shall constitute
authority for the Executive Director (or any trustee
or other fiduciary appointed by the Authority) to
receive state or federal grant funds and proceeds of
Revenue Bonds and to expend funds for the
acquisition, construction, or operation of the
facilities identified in Paragraph 6.1 herein.
(c) A budget(s) governing the acquisition, construction,
or operation of Sole Use Facilities may be adopted
by the affected Participating Agency or Agencies.
When such budgets are adopted by affected parties,
appropriate accounts shall be established by the
Authority and designated as such participant or
participant’s fund. Disbursement of such funds by
the Authority shall be made only upon receipt of
written authorization from the designated finance
officer of the affected Participating Agency or
Agencies. Receipts and disbursements for the
acquisition or construction of Sole Use Facilities may
also be made directly by the affected Participating
Agency or Agencies, in which case such budgets
shall not be a part of the budget of the Authority.
10.8 Rules of Procedure. The Board shall from time to time,
establish written rules and procedures for the conduct of their meetings.
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SECTION 11. Joint Operating Fund and Contributions.
The Authority shall have the power to establish a joint operating fund. The fund
shall be used to pay all administrative, operating, and other expenses incurred by
the Authority. Funding shall be on an enterprise basis or as determined by the
Board. All monies in the joint operating fund shall be paid out by the Auditor -
Controller / Treasurer for the purposes for which the fund was created upon
authorization by the President of the Board and approval by the Executive Director
of demands for payment, or as otherwise authorized by resolution of the Board
filed with the Auditor-Controller / Treasurer. No Participating Agency shall be
obligated to make any contributions of funds to the Authority for facilities to be
established in accordance with Section 6.1 or pay any other amounts on behalf of
the Authority, other than as required by this Section 11, without that Participating
Agency’s consent evidenced by a written instrument signed by a duly authorized
representative of that Participating Agency. The Authority shall contract with an
independent certified professional accountant to conduct annual fiscal audits as
required by applicable statute or legislation and report the results of such audit to
the Board.
11.1 Auditor-Controller / Treasurer. The Auditor-Controller /
Treasurer of San Luis Obispo County shall be the Auditor-Controller / Treasurer of
the Authority. The Auditor-Controller / Treasurer shall preform all responsibilities
and obligations as provided in Government Code section 6505.5. To the extent a
conflict exists between this Section 11 and the Government Code, the Government
Code shall control.
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11.2 Notwithstanding Sections 11.1 above, designation of the
Auditor-Controller / Treasurer may be changed from time to time by resolution of
the Board without necessitating amendment to this Agreement.
SECTION 12. Records and Accounts.
This Section and Section 11 are intended to ensure strict accountability of all funds
of the Authority and to provide accurate reporting of receipts and disbursements
of such funds. The Authority shall maintain accurate and correct books of account,
showing in detail the costs and expenses of any service or acquisition and
construction and the maintenance, operation, regulation and administration of
any service or Joint Facilities or Sole Use Facilities, and all financial transactions of
the Participating Agencies relating to any service or Joint Facilities or Sole Use
Facilities. Books and records shall be established and maintained in accordance
with generally accepted accounting principles promulgated by the California State
Controller's Office and the Governmental Accounting Standards Board. The books
of account shall correctly show any receipts and any costs, expenses, or charges
to be paid by all or any of the Participating Agencies. The books of account shall
be open to inspection at all times by a representative or agent of any of the
Participating Agencies. In addition, if required by any resolution authorizing the
issuance of Revenue Bonds, the Authority shall maintain appropriate books,
records, accounts and files relating to each project as required by such resolution
which shall be open to inspection by holders of Revenue Bonds if and to the extent,
and in the manner, provided in the resolution.
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SECTION 13. Rates and Fees.
The Authority shall be funded by a combination of rates, fees, and other funding
mechanisms as allowed by applicable authority. Use of revenue from rates and
fees shall not be restricted based upon the funding mechanism. The Authority
shall establish and regulate rates and/or tipping fees at facilities within the County
of San Luis Obispo, such as landfills or other collection sites, for (1) the operation,
acquisition, construction, repair, and maintenance of new and existing facilities;
(2) the implementation of state legislation and regulations; (3) the operation of
programs, education, outreach, monitoring and enforcement efforts; and (4) the
preparation, adoption, and implementation a regional management plan.
The Authority may impose fees in amounts sufficient for (1) the implementation
of state legislation and supporting programs; (2) education outreach, monitoring,
reporting and compliance efforts; (3) the preparation, adoption, and
implementation of a regional management plan; and (4) any other purposes as
provided for by this Agreement. Revenue generation may include fees imposed
on “Haulers” (defined as companies with an agreement with a governmental
entity for the collection of solid waste, recyclables, or green waste in San Luis
Obispo County), assessments, or any other funding mechanism as allowed by
applicable authority. Rates and fees shall be set or modified by resolution only.
Prior to the Authority increasing rates or fees, or imposing new rates or fees, the
Authority shall provide the Participating Agencies with all necessary facts, data,
information and analyses related to justification and/or explanation of the
proposed rates and fees that meet all applicable legal requirements to support
their adoption. The Authority shall coordinate with the Participating Agency
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RESOLUTION NO.
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managers in this regard to ensure the facts, data, information and analyses
provided by the Authority is adequate to enable the Participating Agencies to
implement the Authority’s proposed rates and fees through the Proposition 218
process, if deemed applicable to a Participating Agency by that Agency; however,
determinations regarding the application of Proposition 218 to any proposed
increased rate or fee shall be made solely by each Participating Agency with no
Authority representations of any kind.
The Authority shall establish a rate and/or fee setting policy which shall govern the
obligations of the Authority to its Participating Agencies in the implementation of
any new or increased rates or fees.
SECTION 14. Failure to Meet Waste Stream Requirements.
The Authority shall be entitled to cause the waste streams of each Participating
Agency to be monitored, pursuant to procedures approved by the Board, in order
to determine whether state waste diversion requirements are being met. If the
waste stream diversion of any Participating Agency fails to meet any such
requirements, including but not limited to taking all actions necessary to comply
with state mandates, that Participating Agency shall be solely responsible for any
and all resulting liabilities, damages, fines, criminal and civil sanctions, and costs
and expenses. That Participating Agency shall also indemnify and hold the
Authority and the other Participating Agencies harmless from and against any and
all liabilities, damages, fines, sanctions, costs and expenses that are incurred as a
result of the violation or a claimed violation including, without limitation, all fees
and costs of legal counsel. If two or more Participating Agencies are responsible
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RESOLUTION NO.
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for a failure to meet any such requirements or are claimed to have violated any
such requirements, the Participating Agencies responsible for the violations or
which are the subject of such claims shall be responsible to, and shall indemnify,
the Authority and the other Participating Agencies in proportion to their relative
responsibility for the violations or claimed violations. Upon notification of any
such violation or claim, the Participating Agency or Agencies shall take such
prompt, corrective action as is necessary to meet the requirements. Nothing in
this Section shall preclude one or more Participating Agencies or the Authority
from imposing or establishing additional incentives to meet waste diversion
requirements.
SECTION 15. Withdrawal and Dissolution.
15.1 The parties to this Agreement pledge full cooperation and
agree to assign representatives to serve as official appointed representatives of
the Authority or any committee or subcommittee thereof who shall act for and on
behalf of their Participating Agency in any or all matters which shall come before
the Authority, subject to any necessary approval of their acts by the governing
bodies of the Participating Agencies.
15.2 Any party to this Agreement may withdraw from the Authority,
upon providing six (6) months’ prior written notice, and terminate its participation
in this Agreement by resolution of its governing body. The withdrawal of the
Participating Agency shall have no effect on the continuance of this Agreement
among the remaining Participating Agencies, and the Agreement shall remain in
full force and effect with respect to the remaining Participating Agencies. No
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withdrawal shall become effective until six (6) months after receipt of the written
notice by the Authority.
15.3 A Participating Agency which has withdrawn from the
Authority shall not be liable for the payment of further contributions falling due
beyond the date of withdrawal and shall have no right to reimbursement of any
monies previously paid to the Authority. The Authority may authorize a
reimbursement if in its judgment such reimbursement is fair and equitable and
can be done without jeopardy to the operation of the Authority. If any
Participating Agency fails to pay a required contribution, as determined by the
Board, that Participating Agency shall be provided with a sixty (60) day written
notice and an opportunity to cure. If the Board determines that the Participating
Agency has failed to cure or negotiate a cure within sixty (60) days following
delivery of the written notice shall be deemed a voluntary withdrawal from the
Authority.
15.4 The Authority may be dissolved at any time and this Agreement
terminated by a joint agreement duly-approved and executed by a majority of the
Members which are parties hereto. Said termination agreement shall provide for
the orderly payment of all outstanding debts and obligations and for the return of
any surplus funds of the Authority in proportion to the contributions made by the
Participating Agencies. In the event the Authority is dissolved, the individual
Participating Agencies shall be responsible for complying with the requirements of
the Act as included in the approved SRREs, HHWE, NDFE, Countywide or Regional
Siting Element and Integrated Waste Management Plan in addition to compliance
with all waste management related legislation.
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SECTION 16. Amendments Including Termination.
This Agreement may only be amended or terminated by a written instrument
executed by a majority of the Members and meeting the requirements imposed
by the terms or conditions of all Revenue Bonds and related documentation
including, without limitation, indentures, resolutions, and letter of credit
agreements. Notwithstanding the foregoing, no amendment or termination shall
require any Participating Agency to contribute any funds to the Authority or
become directly or contingently liable for any debts, liabilities or obligations of the
Authority without the consent of that agency evidenced in a written instrument
signed by a duly authorized representative of that Participating Agency.
SECTION 17. Filing with the Secretary of State.
The Secretary shall file all required notices with the Secretary of State in
accordance with California Government Code sections 6503.5 and 53051
SECTION 18. Notices.
All notices which any Participating Agency of the Authority may wish to give in
connection with this Agreement shall be in writing and shall be served by personal
delivery, by electronic mail, or by US mail addressed to the Participating Agency,
or Participating Agencies, or the Authority at its principal office, or to such other
address as the Authority or Participating Agency or Participating Agencies may
designate from time to time by written notice given in the manner specified in this
Section. Service of notice pursuant to this Section shall be deemed complete on
the day of service by personal delivery (but 24 hours after such delivery in the case
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RESOLUTION NO.
PAGE 37
of notices of special meetings of the Board), two days after mailing if deposited in
the United States mail, or in 24 hours if provided by electronic mail.
SECTION 19. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the
permitted successors and assigns of the Participating Agencies. However, no
Participating Agency shall assign any of its rights under this Agreement except to
a duly formed public entity organized and existing under the laws of the State of
California approved by a majority of the voting Directors who do not represent the
assigning Participating Agency. No assignment shall be effective unless and until
the Authority, the Participating Agencies, and the proposed assignee comply with
all then applicable requirements of law relating to changes in the composition of
entities such as the Authority if and when they have Revenue Bonds outstanding
and with the terms and conditions of all Revenue Bonds and related
documentation including, without limitation, indentures, resolutions and letter of
credit agreements.
SECTION 20. Severability
Should any part, term, sentence, or provision of this Agreement be decided by a
final judgment of a court or arbitrator to be illegal or in conflict with any law of the
State of California or otherwise be unenforceable or ineffectual, the validity of its
remaining parts, terms, sentences, and provisions shall not be affected and the
Participating Agencies represent that they would have adopted this Agreement
even without the ineffectual or non-valid provision(s).
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SECTION 21. Section Headings.
All section headings contained in this Agreement are for convenience and
reference. They are not intended to define or limit the scope of any provision of
this Agreement.
SECTION 22. Effective Date.
This Agreement shall take effect upon its execution by all Members, pursuant to
resolutions of such governing bodies authorizing such execution and shall remain
in full force and effect until dissolved pursuant to the provisions herein. This
Agreement may be executed in counterparts which together shall constitute a
single agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first hereinabove written.
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PARTICIPATING AGENCIES
CITIES AUTHORIZED DISTRICTS
Arroyo Grande Avila Beach CSD
Atascadero California Valley CSD
El Paso de Robles Cambria CSD
Grover Beach Cayucos Sanitary District
Morro Bay Ground Squirrel Hollow CSD
Pismo Beach Heritage Ranch CSD
San Luis Obispo Los Osos CSD
Nipomo CSD
Oceano CSD
San Miguel CSD
San Simeon CSD
Templeton CSD
Page 131 of 386
Item 8.h.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Robin S. Dickerson, City Engineer
SUBJECT: Consideration of a Resolution Authorizing the Community
Development Director to Submit an Application for the ATP Cycle 6
Grant and Execute any Agreements for the Use of Grant Funds for
Implementation of the Halcyon Road Complete Streets Plan
DATE: May 24, 2022
SUMMARY OF ACTION:
Authorizing the submittal of a grant application may result in grant funding being made
available for implementation of the Halcyon Road Complete Streets Plan, which is in the
final stages of completion and approval.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Staff resources will be necessary for administration should a grant application be
successful. Potential grant funds could be between $6,000,000 and $8,000,000, if
successful.
RECOMMENDATION:
Adopt a Resolution authorizing the Community Development Director to apply for the
Active Transportation Program Cycle 6 Grant and execute any agreements necessary for
the use of grant funds as approved in the future Council-approved CIP budget in effect at
the time the agreements are signed.
BACKGROUND:
On September 26, 2013, Governor Brown signed legislation creating the Active
Transportation Program (ATP). The ATP consolidates existing federal and State
transportation programs, including the Transportation Alternatives Program, Bicycle
Transportation Account, and State Safe Routes to School, into a single program with a
focus to make California a national leader in active transportation. The purpose of ATP is
to encourage increased use of active modes of transportation by achieving several goals,
including:
1. Increase the proportion of trips accomplished by biking and walking;
Page 132 of 386
Item 8.h.
City Council
Consideration of a Resolution Authorizing the Community Development Director
to Submit an Application for the ATP Cycle 6 Grant and Execute any Agreements
for the Use of Grant Funds for Implementation of the Halcyon Road Complete
Streets Plan
May 24, 2022
Page 2
2. Increase safety and mobility for non-motorized users;
3. Advance the active transportation efforts of regional agencies to achieve
greenhouse gas reduction goals;
4. Enhance public health;
5. Ensure that disadvantaged communities fully share in the benefits of the program;
and
6. Provide a broad spectrum of projects to benefit many types of active transportation
users.
The ATP is now in its sixth cycle, with applications due June 15, 2022.
In 2015, the City received a Sustainable Transportation Planning (STP) Grant for
development of the Halcyon Road Complete Streets Plan (the “Plan”), which proposes
multimodal transportation enhancements so that all travel modes are accommodated, and
will promote safe and convenient walking and bicycling for residents and visitors alike.
The Community Development Department has been working to develop the Plan since
receiving the STP Grant. Over the next year staff will re-engage the stakeholders group,
provide additional public outreach, complete a Mitigated Negative Declaration (MND)
pursuant to CEQA, and include a Council study session on the proposed improvements
for Halcyon Road from El Camino Real to the Pike. This effort will include two options for
improvements to the intersection of Halcyon and Fair Oaks. The final documents will be
presented to the Planning Commission with a recommendation for Council, prior to the
public hearing and adoption of the final plan and MND by the Council.
ANALYSIS OF ISSUES:
The ATP grant application is an opportunity to receive funding to implement the
multimodal enhancements identified for Halcyon Road. These enhancements were
developed based on existing and projected future conditions and through an extensive
public outreach effort, which included multiple charrettes where community members
interactively voted on priorities and features. It is anticipated that the plan will move
forward to Council with two (2) alternatives. The two alternatives will focus on potential
improvements to the Halcyon/Fair Oaks intersection. The ATP grant would be utilized to
implement the alternative selected when the Plan is adopted by the Council. The ATP
has different levels of project funding and it is anticipated that, should the City’s
application be successful, resulting funding for implementation of the Plan could total
between $6,000,000 and $8,000,000. The Grant award is scheduled for spring of 2023,
and funds should be available in fall of 2023 with construction completed by fall of 2027.
This schedule will be compatible with the planned public outreach, stakeholders’ groups
and Council study session in the fall of 2022, the adoption of the plan and MND in summer
of 2023, the design of the plan completed by fall of 2024 and construction taking place in
FY 2025/26 and FY 2026/27.
Page 133 of 386
Item 8.h.
City Council
Consideration of a Resolution Authorizing the Community Development Director
to Submit an Application for the ATP Cycle 6 Grant and Execute any Agreements
for the Use of Grant Funds for Implementation of the Halcyon Road Complete
Streets Plan
May 24, 2022
Page 3
In addition to the ATP grant application, on May 6, 2022, the City submitted an application
to SLOCOG for a Community Betterment Grant in the amount of $749,400 to construct a
portion of the improvements identified in the Halcyon Complete Streets Plan from The
Pike north to Fair Oaks along S. Halcyon Road, including reducing travel lanes down to
one lane in each direction, adding pedestrian and Class II buffered bicycle facilities from
Fair Oaks to the Pike, replacement of non-compliant ADA ramps, and the addition of two
crosswalks with rapid-flashing beacons. Depending on the potential for an award of this
grant, the request for this ATP grant may be refined accordingly to help fund as much of
the overall Plan as possible.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolution authorizing the Community Development Director
to apply for ATP Cycle 6 Grant funding and execute any agreements necess ary
for the use of grant funds as approved in the future Council approved CIP budget
in effect at the time the agreements are signed;
2. Modify and adopt the attached Resolution authorizing the Community
Development Director to apply for ATP Cycle 6 Grant funding and execute any
agreements necessary for the use of grant funds; or
3. Provide direction to staff.
ADVANTAGES:
Submittal of the grant application could result in the awarding of funds to implement the
final Halcyon Road Complete Streets Plan, which was developed utilizing other grant
funds and will be instrumental in addressing deficiencies on Halcyon Road, including
vehicle speeds, congestion, bicycle facilities, and lack of pedestrian access.
DISADVANTAGES:
If the grant is approved, considerable staff time will be necessary to administer the grant.
However, if no application is made, or the grant is not awarded, the Halcyon Road
Complete Streets Plan will not be able to be implemented on a large scale in the
foreseeable future until other funding is identified.
ENVIRONMENTAL REVIEW:
Environmental review is not required for submittal of grant applications.
PUBLIC NOTIFICATION AND COMMENTS:
Page 134 of 386
Item 8.h.
City Council
Consideration of a Resolution Authorizing the Community Development Director
to Submit an Application for the ATP Cycle 6 Grant and Execute any Agreements
for the Use of Grant Funds for Implementation of the Halcyon Road Complete
Streets Plan
May 24, 2022
Page 4
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 135 of 386
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE COMMUNITY
DEVELOPMENT DIRECTOR TO SUBMIT THE GRANT
APPLICATION AND TO EXECUTE ANY NECESSARY
AGREEMENTS FOR THE USE OF GRANT FUNDS FROM
THE ACTIVE TRANSPORTATION PROGRAM CYCLE 6
GRANT
WHEREAS, the City Council of the City of Arroyo Grande is eligible to receive federal
and/or State funding for active transportation improvements through the Active
Transportation Program (ATP); and
WHEREAS, the City has been working to develop the Halcyon Road Complete Streets
Plan; and
WHEREAS, the ATP could provide funding to implement the Halcyon Road Complete
Streets Plan; and
WHEREAS, agreements may need to be executed before such funds can be claimed
should the City’s application be successful; and
WHEREAS, the City Council of the City of Arroyo Grande wishes to delegate
authorization to execute any such agreements and any amendments thereto to the
Community Development Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby authorizes the Community Development Director to submit the ATP Cycle 6 Grant
application and to execute any necessary agreements related thereto.
On motion by Council Member seconded by Council Member and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 24th day of May, 2022.
Page 136 of 386
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 137 of 386
Item 8.i.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Shane Taylor, Utilities Manager
SUBJECT: Monthly Water Supply and Demand Update
DATE: May 24, 2022
SUMMARY OF ACTION:
The update reports the City’s total water supply and demand for April, 2022. Current
Lopez Reservoir level and projected levels are provided in the attachments.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Approximately two (2) hours of staff time is required to prepare the report.
RECOMMENDATION:
Receive and file the monthly Water Supply and Demand Report.
BACKGROUND:
On October 12, 2021, the City Council adopted a Resolution declaring a Stage 1 Water
Shortage Emergency, and implementing emergency water conservation measures and
restrictions as a result of the extreme drought conditions.
In April, the City’s water use was 174.4 acre-feet with a per capita use of 107 gallons per
day/per person. There was a total of 0.55 inches of rainfall in the City in April, 2022.
ANALYSIS OF ISSUES:
The United States Drought Monitor, as of May 9, 2022, shows San Luis Obispo County
in a severe drought. Rainfall to date for the period July 1, 2021, through April 30, 2022, is
8.63 inches at the Corporation Yard rain gauge. Lopez Lake, as of May 9, 2022, is at
28.3% capacity (13,969).
The new water year began on April 1, 2021, and the City’s annu al Lopez contract supply
was 2,290 acre-feet. On August 24, 2021, the San Luis Obi spo County Board of
Supervisors (Board) enacted the Low Reservoir Response Plan (LRRP) for Lopez Lake.
On September 8, 2021, the Zone III Technical Advisory Committee endorse d the action
Page 138 of 386
Item 8.i.
City Council
Monthly Water Supply and Demand Update
May 24, 2022
Page 2
of reducing contract deliveries by 10%. The City began reducing the flow of Lopez Lake
deliveries on September 15, 2021, to 1.9 million gallons per day, compared to the normal
flow of 2.2 million gallons per day. In addition, the City has 1,323 acre-feet of ground
water entitlement from the Santa Maria Basin, and wells within the Pismo Formation that
produce approximately 160 acre-feet per year. The second quarter monitoring for the
Santa Maria Basin sentry wells was completed on April 5, 2022. The deep well index was
7.98 feet above sea level, which is 0.48 feet higher than the deep well index threshold
value of 7.5 feet and 1.08 feet lower than the index value one year ago. The rainfall in
December 2021 did raise Lopez Lake from 28% to 30% full, however the LRRP remains
in effect, along with Stage 1 water shortage emergency mandatory reductions. The water
use for the City of Arroyo Grande for water year 2021/2022, which ended March 31, 2022,
was 2,280 with a per capita use of 115 gallons per day/person.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Receive and file the report; or
2. Provide other direction to staff.
ADVANTAGES:
This report provides the City Council and the public with the current and projected
conditions of our water supply and demand.
DISADVANTAGES:
No disadvantages noted at this time.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the Ci ty’s website in accordance with
Government Code Section 54954.2
Attachments:
1. Lopez Monthly Operations Report for April, 2022
2. Lopez Reservoir Storage Projection
3. Monthly Water Use Comparison
4. Monthly Monitoring Report for April, 2022
Page 139 of 386
San Luis Obispo County Flood Control and Water District
Zone 3 - Lopez Project - Monthly Operations Report
April, 2022
0.00
Note: Deliveries are in acre-feet. One acre foot = 325, 850 gallons or 43, 560 cubic feet. Safe yield is 8,730 acre-f
eet.
"Year to Date" is January to present for State water, April to present for Lopez deliveries, and July to present for rainfall.
168.75
April to Present
12.51
Arroyo Grande 2061
Lopez Dam Operations
Lake Elevation (full at 522.37 feet)466.4
Storage (full at 49200 acre feet)14032
Rainfall 0.51
Downstream Release (4200 acre feet/year)179.53
Spillage (acre feet)0
This Month Year to Date
179.53
0.00
742.10 168.75
Entl.Surplus
Water
Declared Usage
2803
Total
Available
Water
Lopez Water Deliveries
0.00Oceano CSD 272.7 102.50 0.00375
66.79Grover Beach 720 204.20 66.79924
20.98Pismo Beach 802.8 300.80 20.981104
6.34CSA 12 220.5 82.40 6.34303
418.911240120.00
28.33968.50
135.6775035.74
State Water Deliveries
262.8640771432.00 262.865509 614.292206166.99Total
Contractor
Difference (feet)-55.97
% Full 28.5%
Comments:
1) Oceano supplied water to Canyon Crest via Arroyo Grande's Edna turn out. A total of 1.82 AF delivered to Canyon Crest was added to Oceano's
water usage this month and 1.82 AF was subtracted from Arroyo Grande's usage this month.
2) Lopez Water Deliveries are now operated under the Low Reservoir Response Plan (LRRP). In August 2021 TAC requested a 10% entitlement
reduction (retroactive to April 2021) in anticipation of reaching the 15,000 AF trigger of the LRRP. Entitlements shown represent a 10% reduction.
3)Surplus water shown is actually "Carry Over" water as designated in the LRRP.
4) On April 2022, the County presented the Stored State Water minus evaporation losses dating back to the January 1, 2015 water recharacterization.
On December 31, 2021 the calculated Stored State Water minus evaporation losses was 659.82 AF. Evaporation losses will be presented annually.
April to Present Lopez Entitlement+Surplus Water Usage
0
50
100
150
200
Jul '21 Aug '21 Sep '21 Oct '21 Nov '21 Dec '21 Jan '22 Feb '22 Mar '22 Apr '22Acre FeetAG GB OCSD PB CSA12
January to Present State Water Usage
0
20
40
60
80
100
120
140
Jul '21 Aug '21 Sep '21 Oct '21 Nov '21 Dec '21 Jan '22 Feb '22 Mar '22 Apr '22Acre FeetOCSD PB CSA12 SanMig
San Miguelito 31.381202.75
This Month
%
Total
January to Present
Usage
This Month
% of
Annual
Request
Usage % of Annual
Request
168.75
Total Water
Deliveries
This Month
35.74
66.79
140.98
14.84
2.75
429.85
Annual
Request
0.00
Usage
0.00
0.00
0.00
0.00
%
0.00
0.00
0.00
0.00
0.00
168.75
0.00
66.79
20.98
6.34
262.860.00 617.00
SWP
Deliveries
SWP
Deliveries
Change in
Storage
200 33.01
662.53This Month Stored State Water
0.0%
8.2%6.0%
0.0%0.0%
9.3%7.2%
2.6%1.9%
2.9%2.1%
9.7%33.8%
8.9%29.5%
4.8%18.1%
6.4%4.8%7.6%27.8%
2.3%26.2%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
8.2%
0.0%
9.3%
2.6%
2.9%
6.4%0.0%
Entitlement Surplus
Usage %Usage %
Entitlement Surplus
Usage %
629.52Last Month Stored State Water
Surplus
Requested
742.10
102.50
204.20
300.80
82.40
1432.00
Friday, May 6, 2022 Page 1 of 1Report printed by:AdminData entered by:D. Bravo
ATTACHMENT 1
Page 140 of 386
0.54
0.00
4.70
2.14
0.240.000.000.000.000.00
0.52
1.42
5.16
0.22
0.94
0.000.000.00 0.000.000.00
2.38
0.30
7.33
0.000.00
0.430.00
2.873.10 2.77
0.900.330.06 0.030.02
0.320.62
1.34
2.03
3.023.252.91
1.13
0.410.07 0.030.020.320.62
1.70
2.24
3.12
2.98
2.84
0.98
0.36 0.350.67
1.84
10/7/2022, 10000
0.00
2.00
4.00
6.00
8.00
10.00
12.00
14.00
0
5000
10000
15000
20000
25000
30000
35000
40000
Date
LOPEZ RESERVOIR STORAGE PROJECTION
Actual Precipitation Predicted Precipitation Actual Storage
20,000 AF Storage Projection Storage Projection (No Rain)
10,000 AF
1. Storage projection is based on predicted rainfall from longrangeweather.com, inflow based on predicted rainfall, 20-21 downstream release requests, and municipal usage.
2. Municipal Usage is based on Jan 2010- Dec 2020 average monthly deliveries.
3. Predicted inflow is based off of historical precipitation and storage data. Antecedant moisture conditions are factored into the model. The first rainstorms after months without
rain will cause less inflow than rainstorms during the rainy season. If the average daily rainfall for the previous three months is below 1 inch the model will multiply the predicted
inflow by 0.1, if the average is above 1 inch the inflow is multiplied by 1.25.
Page 141 of 386
ATTACHMENT 3
194.7
174.4
120
107
0
50
100
150
200
250
Apr-21 Apr-22
Monthly Water Use Comparison
Production ( Acre Feet)Usage ( gpcd)
Page 142 of 386
ATTACHMENT 4
Below is the information you have submitted for the month of April 2022. We use
your most recently submitted monthly report in our calculations
State Water Resources Control Board Office of Research, Planning & Performance
Page 143 of 386
Item 9.a.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Sarah Lansburgh, Deputy City Clerk
SUBJECT: Public Hearing to Consider a Resolution Levying an Annual
Assessment for the Arroyo Grande Tourism Business Improvement
District (AGTBID)
DATE: May 24, 2022
SUMMARY OF ACTION:
Conduct the public hearing to levy an annual assessment for Fiscal Year 2022-23 to
defray the costs of services, activities, and programs promoting tourism for the benefit of
lodging businesses within the Arroyo Grande Tourism Business Improvement District
(AGBTID).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Based on the anticipated year-end results for 2021-22, the assessments expected to be
collected total approximately $246,200 for Fiscal Year 2021-22. The AGTBID budget
provides $5,000 to the City to cover a portion of the City’s cost associated with supporting
a Community Services Specialist position for vacation rental code compliance. The
AGTBID budget also provides $3,000 to the City for administrative support.
RECOMMENDATION:
1) Conduct a public hearing to receive testimony regarding the City Council’s intention to
continue the AGTBID and levy an annual assessment for Fiscal Year 2022-23; 2)
Determine whether a legally sufficient number of protests have been made; and 3 ) If a
legally sufficient protest is not made, adopt a Resolution levying an annual assessment
for the AGTBID for FY 2022-23.
BACKGROUND:
In May 2013, the City Council adopted an Ordinance establishing the AGTBID. The
AGTBID was formed under the Parking and Business improvement Law of 1989, Sections
36500 et. seq. of the Streets and Highways Code and incorporated into the Arroyo Grande
Municipal Code (AGMC) in Title 3, Chapter 3.46.
Page 144 of 386
Item 9.a.
City Council
Public Hearing to Consider a Resolution Levying an Annual Assessment for the Arroyo
Grande Tourism Business Improvement District (AGTBID)
May 24, 2022
Page 2
The purpose of forming the AGTBID was to provide revenue to defray the cost of services,
activities, and programs promoting lodging businesses in the AGTBID through the
promotion of scenic, recreational, cultural, and other attractions in the AGTBID as a tourist
destination. An assessment is levied on all lodging businesses within the AGTBID
boundaries and is based upon two percent of the rent charged by the operator per
occupied room per night for all transient occupancies.
ANALYSIS OF ISSUES:
The AGTBID has been in effect for almost nine (9) years and has been considered
successful. In January 2018, the City Council combined the Tourism Marketing
Committee, which was coordinated by the Chamber of Commerce, and the AGTBID
Advisory Board, increasing the number of members of the Advisory Board from a
minimum of three (3) to not more than nine (9). The Advisory Board implements the
programs and activities funded through the AGTBID. The South County Chamber of
Commerce is contracted to administer the AGTBID program; therefore, minimal staff time
has been required by the City.
In June 2018, the Council approved an Agreement with Verdin Marketing for tourism
marketing services to provide a fresh perspective and innovative ideas given the current
economic climate and needs of Arroyo Grande’s tourism market. Since that time, a
tourism website, rebranding of Visit Arroyo Grande, a monthly e -newsletter, advertising
campaigns, a tourism strategic plan, and other marketing efforts have been developed
and implemented. The term of the current contract with Verdin Marketing will expire on
June 30, 2022. Therefore, the City, on behalf of the AGTBID , issued a Request for
Proposals (RFP) for marketing, communications, website management, and social media
services for Visit Arroyo Grande. The RFP was published on April 7, 2022, and close d
May 13, 2022, at 5:00 p.m. the AGTBID Advisory Board will conduct interviews of
submitting agencies at a Special Meeting on May 23, 2022, and a recommendation will
be made to the City Council for approval of a contract with a preferred vendor for ongoing
marketing services in June 2022.
On March 28, 2022, the Advisory Board reviewed and approved the Annual Report and
forwarded it to the City Council for consideration at the April 26, 2022 Council meeting.
The City Council approved the Annual Report and adopted a Resolution of Intention to
levy and collect assessments within the AGTBID area for Fiscal Year 2022-23 (Resolution
5176). A date of May 24, 2022 was set for a public hearing in accordance with Streets
and Highways Code Section 36534.
Today’s public hearing will allow lodging businesses subject to the assessment an
opportunity to submit comments, voice concerns, and protest the assessment. As set
forth in Sections 36524 and 36525 of the California Streets and Highways Code, the City
Council has the ability to continue to implement the AGTBID at this public hearin g, unless
written protests are received from the lodging businesses that pay 50% or more of the
Page 145 of 386
Item 9.a.
City Council
Public Hearing to Consider a Resolution Levying an Annual Assessment for the
Arroyo Grande Tourism Business Improvement District (AGTBID)
May 24, 2022
Page 3
proposed assessments. In that event, Council cannot consider continuation of the
AGTBID for at least one year. If the required number of written protests is not received,
Streets and Highways Code Section 36535 provides that at the conclusion of the hearing
a Resolution levying an annual assessment for the AGTBID for FY 2022 -23 may be
adopted. The statute further provides that the adoption of the Resolution const itutes the
levy of the assessment for the fiscal year. A Resolution has been prepared for Council ’s
consideration and adoption if there is no legally sufficient protest.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Conduct the public hearing, determine whether a legally sufficient number of
protests have been made, and if a legally sufficient protest has not been made,
adopt a Resolution levying an annual assessment for the AGTBID for the FY 2022-
23; or
2. Conduct the public hearing, determine whether a legal sufficient number of
protests, and if a legally sufficient protest has been made, the Council cannot
consider continuation of the AGTBID for at least one year; or
3. Provide other direction to staff.
ADVANTAGES:
The recommended actions will enable the City to extend the AGTBID, which provides a
mechanism to generate funding to promote lodging stays and tourism in the City, which
increases transient occupancy tax revenue and supports local businesses.
DISADVANTAGES:
Levying the assessment will continue to impose a cost on tourists and visitors to Arroyo
Grande who pay the assessment. There are no other disadvantages identified by levying
the assessment for another year.
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. Proposed Resolution
2. Annual Report
Page 146 of 386
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE LEVYING AN ANNUAL ASSESSMENT
FOR THE ARROYO GRANDE TOURISM BUSINESS
IMPROVEMENT DISTRICT FOR THE 2022-23 FISCAL
YEAR
WHEREAS, the Parking and Business Improvement Area Law of 1989, sections 36500
et seq. of the Streets and Highways Code, authorizes cities to establish business
improvement districts for several purposes, one of which is the promotion of tourism; and
WHEREAS, the Arroyo Grande Tourism Business Improvement District (“AGTBID” or
“District”) was established in May 2013 and incorporated into the Arroyo Grande
Municipal Code in Chapter 3.46; and
WHEREAS, in accordance with the requirements of Streets and Highways Code Section
36530 and Arroyo Grande Municipal Code Section 3.46.100, the City Council appointed
an Advisory Board to provide oversight, guidance, and recommendations regarding the
use of the assessment funds; and
WHEREAS, the Arroyo Grande Municipal Code and the Parking and Business
Improvement Area Law of 1989 requires the Advisory Board to prepare and submit an
annual report stating proposed changes, improvements, and activities for the fiscal year;
and
WHEREAS, the Advisory Board annual report was considered and approved by the
Arroyo Grande City Council at its April 26, 2022 meeting; and
WHEREAS, in accordance with the procedures contained in Streets and Highways Code
Section 36534, on April 26, 2022, the City Council adopted a Resolution of Intention to
levy an annual assessment for the Arroyo Grande Tourism Business Improvement District
for the 2022-23 fiscal year and set a public hearing for May 24, 2022, to consider the
annual assessment, hear any oral testimony regarding the assessment and receive any
written protests; and
WHEREAS. The City Council held a duly noticed public hearing on May 24, 2022, to allow
for protests, as required by Streets and Highways Code Section 36524, and, sufficient
written protests were not received from lodging businesses in the District which pay fifty
percent of more of the assessment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
Page 147 of 386
RESOLUTION NO.
PAGE 2
2. The City Council hereby continues the established Arroyo Grande Tourism
Business Improvement District in accordance with Arroyo Grande Municipal Code
Chapter 3.46 and California Streets and Highways Code Sections 36500 et seq.
(Parking and Business Improvement Area Law of 1989) and levies assessments
for fiscal year 2022-23 as further described herein.
3. The report of the Arroyo Grande Tourism Business Improvement District Advisory
Board is hereby confirmed.
4. The location and boundaries of the Arroyo Grande Tourism Business Improvement
District are the boundaries of the City of Arroyo Grande.
5. The assessment levied by the Arroyo Grande Tourism Business Improvement
District shall be used for activities and programs promoting lodging businesses in the
District through the promotion of scenic, recreational, cultural, and other attractions
in the District as a tourist destination, and as further set forth in Arroyo Grande
Municipal Code Section 3.46.030.
6. The assessment will be levied and allocated by the City of Arroyo Grande.
7. The assessment is to be levied on all “lodging,” as that term is defined in Arroyo
Grande Municipal Code Section 3.46.020.
8. The assessment for fiscal year 2022 -23 shall be levied on all lodging businesses
within the ATBID boundaries and shall be based upon two percent of the rent
charged by the operator per occupied room per night for all transient occupancies.
The assessment shall be collected quarterly, based on two percent of the rent
charged by the operator per occupied room per night in revenues for the previous
quarter.
9. New lodging businesses shall not be exempt from immediate assessment.
On motion of , seconded by , and on the following roll call vote,
to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 24th day of May, 2022.
Page 148 of 386
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 149 of 386
Annual Report | 2021–2022
1
ATTACHMENT 2
Page 150 of 386
Overview and Goals 3
Strategic Plan 4
Completed Initiatives 5
Target Audiences 6
Geographic Markets 7
Equity, Diversity and Inclusion 8
Why Tourism Matters 9
Destination Campaigns 10
Results at a Glance 11
Email Marketing 12
Social Media 13
Paid Media 14
Public Relations & Partnerships 15
Table of Contents
2 Page 151 of 386
Overview & Goals
The Arroyo Grande Tourism Business Improvement District
(Arroyo Grande TBID) has a plan in motion to reach travelers
whose interests and behaviors align with the genuine experi-
ences found in our area. These travelers are ready to discover
the magic of Arroyo Grande—a town differentiated by its
charming atmosphere, striking scenery, and access to some
of the Central Coast’s most sought-after experiences.
The Arroyo Grande TBID Advisory Board is made up of
representatives from lodging or hospitality related
businesses in Arroyo Grande appointed by the City Council.
The TBID helps to promote Arroyo Grande as a travel
destination and is funded by a 2% assessment charged by
hotels for this purpose.
Position Arroyo Grande as
a travel destination
Increase overnight stays in
Arroyo Grande
Introduce new visitors to
Arroyo Grande
Marketing Goals:
3Page 152 of 386
In August 2020, the Arroyo Grande TBID finalized their three-year strategic plan defining key impera-
tives, objectives to measure and initiatives to execute. This plan will guide all future marketing efforts
and direct the organization.
Vision Mission Position
A thriving community
rooted in authentic
hospitality and nourished
by a strong economy
To market Arroyo Grande as a
desirable travel destination,
create memorable
experiences and support a
prosperous economy and
community
Visit Arroyo Grande is the city’s primary source for destination marketing
services and tourism leadership. We are:
• Storytellers of the Arroyo Grande tourism experience
• Providers of tourism related information and data
• Collaborators championing the value of tourism and supporting key
tourism drivers
• Stewards balancing the benefits of tourism with Arroyo Grande’s
quality of life
Values Reputation
• Truth
• Excellence
• Teamwork
• Community
• Impact
• Transparent
• Forward-thinking
• Reliable
• Humble
• Partners
Imperatives Objectives Initiatives
Support the Destination
in Tourism Recovery
and Strengthen
Organizational Capacity
for Future Impact
• Recover/Achieve 2019
Occupancy Rate
• Increase Staffing budget
• Align on and implement tiered re-opening marketing and
communication plan with key partners and stakeholders
• Advocate for organizational capacity to ensure the resiliency of AG’s
tourism economy
• Enhance the tourism industry’s position and importance in AG’s
economic recovery
Increase Brand
Awareness as a Central
California Destination
of Choice
• Increase share of county
visitor volume
• Increase use of shared
brand assets
• Differentiate AG brand's position in the larger SLO CAL travel market
• Create a content library and tool kit to influence a unified brand approach
• Pursue opportunities for collaborative and aligned promotional
partnerships and messaging
Ensure the Quality of
our Brand Promise and
Visitor Experience
• Increase number of visitor
hours in market
• Increase length of stay
• Create a framework to evaluate and promote events that generate
new and repeat visitors to the destination
• Encourage the availability of downtown and highlight opportunities
• Design attractive trip itineraries to drive visitation to AG’s portfolio
of experiences
Expand Stakeholder
and Community
Engagement to Create a
Collaborative and
Supportive Tourism
Industry
• Increase representation
of lodging partners on the
Board
• Grow stakeholder
participation
• Increase resident
approval of tourism
• Create a stakeholder engagement and outreach campaign to
educate and promote the value of the TBID to lodging partners
• Collaborate with stakeholders to design and expand co-operative
marketing programs
• Increase the voice of tourism with key governmental, businesses
and community decision makers and leaders
2021–2024 Strategic Plan
4 Page 153 of 386
Completed Initiatives
Visit SLO CAL
Equity, Diversity &
Inclusion Study
As a strategic plan initiative, Arroyo
Grande TBID in partnership with Visit
SLO CAL, participated in the 2021
Equity, Diversity & Inclusion (EDI)
Audience & Asset Alignment Study
conducted by Insights Strategic
Marketing and Research. The study
was designed to help identify gaps in
product offerings and also provided
direction to the images and messag-
ing that will enable Arroyo Grande
TBID to effectively communicate the
leisure product and invitation to
these audiences.
California Welcome
Center Video and
Assets
California Welcome Centers are
strategically located across the state,
staffed with experts who can provide
resources and information that
inspires visitors to explore a destina-
tion's greater region. To help increase
brand awareness for Arroyo Grande
TBID, a video shoot was held to
capture assets for a new California
Welcome Center video spot. The
videography and images captured
reflect the diversity of the region and
its visitors. The spot features authen-
tic Arroyo Grande destination
locations and activities including
wineries and tasting rooms, outdoor
vistas and activities, premiere restau-
rants and shops.
Website Content
Enhancements
In line with Arroyo Grande TBID content
pillars, a culinary themed itinerary was
developed to help drive visitation to the
website and highlight the area's top
food and beverage offerings to people
in the trip planning phase. Existing
outdoor adventures and family fun
itineraries were also updated with
keywords and relevant content.
5Page 154 of 386
Target Audiences
Who are we be speaking to? In previous years, Arroyo Grande TBID built
personas of the visitor profile to craft messages and assets that are
specific to their behaviors and interests (Ex. On-the-Go Eric, Family-
Focused Fiona and Ready-to-Relax Rachel). Instead, Arroyo Grande TBID
aligned with Visit SLO CAL’s audience approach for the year, evolving from
specific personas to target “The Purposeful Traveler.”
Who is this audience? Purposeful Travelers live vividly and value simplicity,
keeping life and the mind as uncluttered as possible. Authenticity and being
true to oneself while maintaining strong personal relationships with family
and friends is important. Curious and creative, they are open-minded, want
to explore and learn about new things, and seek stimulating experiences.
They are in tune with nature and themselves, doing activities they enjoy.
Generation
7%
39%
22%25%
7%
Gen Z
1997–2010
Millennial
1977–1996
Gen X
1965–1976
Boomers
1946–1964
Pre Boomers
<1946
46%
male
54%
female
57%
married
29%
single
40%
children in
household
43%
graduated
college
$130.4K
household
income
46
average
age
Ethnicity
50% White/Cauc.
30% Hispanic
6% Black/AA
12% Asian
2% Other
6 Page 155 of 386
Geographic Markets
As the pandemic continues, Arroyo Grande TBID focused on shorter drive markets
throughout California, including the San Francisco Bay Area, Greater Los Angeles and
the Central Valley to generate overnight stays.
San Francisco Bay Area1
3 Central Valley
(Fresno, Visalia, Bakersfield)
2 Los Angeles
(Thousand Oaks, Long Beach)
7Page 156 of 386
Equity, Diversity
& Inclusion
Arroyo Grande TBID is committed to ensuring its work fosters
equity, diversity and inclusion, so that all visitors feel welcome. In
partnership with Visit SLO CAL, the destination participated in a
recent 2021 Equity, Diversity & Inclusion (EDI) Audience & Asset
Alignment Study conducted by Insights Strategic Marketing and
Research. The study was designed to help identify gaps in product
offerings and also provided direction to the images and messaging
that will enable the organization to effectively communicate the
leisure product and invitation to these audiences.
Strategy
Arroyo Grande TBID will aim to increase familiarity and awareness
of the destination among five specific audience segments includ-
ing Black travelers, Hispanic travelers, Asian travelers, travelers
with disabilities and LGBTQ+ travelers. Messaging will let potential
visitors know that Arroyo Grande is a safe and welcoming
community that invites people with diverse backgrounds.
Completed Initiatives:
• Showed diverse visitors in advertising and marketing
materials that show people of color in a way that depicts the
destination as welcoming
• Developed programmatic video ads (Outdoors, Family,
Culinary) that include audience segment
• Utilized EDI images across all owned channels
• Used inclusive language and messaging within
content platforms
• Amplified the voices of women-owned and minority-owned
local travel and tourism related businesses
• Created Instagram/Facebook stories
• Positioned Arroyo Grande as a destination with small town
charm and history, with a thriving culinary scene and
outdoor activities that appeal to visitors from all
backgrounds and ethnicities
8 Page 157 of 386
Sources: Dean Runyon, Inc., American Road & Transportation Builders Association,
San Luis Obispo County of Education, United States Bureau of Labor Statistics, Tourism Economics
Why Tourism Matters
in SLO County
Travel Spending
$1.19B
$3.3M
a day
$136K
an hour
$2.3K
a minute
$38
a second
Tourism puts
10,450
people
to work each day
Tourism contributes
$35.9M
in transient
occupancy tax
revenue
(15.6% YOY Decrease)
Without state and local
tax revenue generated
by travel and tourism,
each SLO CAL household
would pay an additional
$1,113 in taxes
Travel spending created $66M in local tax
revenue which would cover the expenses for
614 police officers’ salaries or…..
760 firefighters salaries or…..
1,401 teachers salaries or…..
106 miles of 2-lane resurfaced roads
9Page 158 of 386
Destination Campaigns
To inspire travel to Arroyo Grande and build brand awareness, a series of digital ads were
placed programmatically and on social media. Several motion graphics were created to
attract key audiences' attention with movement and messaging covering unique travel
activities in the destination.
Time Well Spent
In September 2021, Arroyo Grande TBID launched its new marketing campaign “Time
Well Spent” that focuses on the destination as a place “where experiences are naturally
more full, more engaging, and more worth your time.” The campaign targets “The
Purposeful Traveler” persona geared towards family, outdoor and culinary activities. To
help build brand awareness and drive hotel bookings, new video assets were utilized to
create three new 15-second programmatic digital ads with voice overs that click thru to
existing “outdoor adventure” and “family fun” itineraries on the website. A new “Time
Well Spent” graphic is an additional layer to the campaign, used both in programmatic
video and custom social media posts.
10Page 159 of 386
Results at a Glance
July–February YOY
20% increase
in website visits (sessions)
50% increase
in time on site
Reached 846,845
through paid media
Facebook
20,419
engagements
12,078
clicks from paid media
Instagram
6,589
engagements
Transient Occupancy Tax (TOT)
July–January totals
2020–2021:
$519,636
2021–2022:
$FPO
2019–2020:
$684,104
2018–2019:
$596,208
2017–2018:
$576,450
34% decrease
in pageviews
11 Page 160 of 386
Email Marketing
Email marketing keeps Arroyo Grande top of mind for
potential travelers and highlights the destination's unique
offerings. This year, the design template was refreshed to
bring in video assets to attract readers’ interests. The
monthly newsletter is sent out to an opt-in subscriber
database through Mailchimp with featured content
covering the following:
• Specific themes from Arroyo Grande’s key
messaging points
• Promotion of events, new happenings and local
businesses that support tourism
• Itineraries, activities, restaurants, accommodations
and more that build interest in planning an Arroyo
Grande getaway, with URLs that link to the website
3.9% average click rate
E-newsletter Results:
1,054 email subscribers
8 distributed newsletters
32% average open rate
Industry benchmarks show an average open rate of 20.4%
and click rate of 2.25%. Source: Mailchimp
12Page 161 of 386
Social Media
Arroyo Grande TBID developed engaging content on its owned
social media channels (Facebook, Instagram and Twitter) with
the goal to strengthen its brand identity and create awareness
of the destination.
• Used new video/photo assets in social media posts and stories
• Developed original content geared towards targeted
personas around local favorites including businesses, history,
people and artisans, etc. that highlighted the friendly and
historic character of the destination
• Incorporated Time Well Spent campaign messaging
• Shared user-generated content to build audience and to show
authentic experiences
• Supported local events
20,419 engagements
(19% increase YOY)
6,589 total engagements
(1% increase YOY)
110,019 impressions
(25% increase YOY)
261,774 impressions
(40% increase YOY)
Facebook Results:
Instagram Results:
6,039 followers
(4% decrease YOY)
3,040 followers
(17% increase YOY)
13 Page 162 of 386
Paid Media
July 2021–February 2022 had strong
performance across all digital platforms:
programmatic video and paid search.
Programmatic video had over 800,000
impressions and over 5,000 clicks/visits
to the website. The programmatic buy also
tracked visits as a conversion and had over
5,000 tracked visits. Paid search was
started this year with 96,000 impressions,
and over 7,000 clicks. Performance was
excellent across the board for Arroyo
Grande TBID.
FY 2022 Media Timeline
SLO CAL
Campaign Co-op
South County Visitors Guide
2021
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
2022Print Partnership Programs*CCTC Co-op Sunset Magazine
Social
Search
Video
Allocation Total spend $70,000
Programmatic
Video: 56%
Social Media: 9%
Co-op Partnership
Programs (CCTC Sunset
Co-op, SLO CAL Campaign
Co-Op, South County
Visitors Guide): 13%
Search: 22%
*Arroyo Grande TBID leverages its regional partnerships with Central Coast Tourism Council and Visit SLO CAL for industry
research and participates in reactive co-op print/digital advertising opportunities throughout the fiscal year.
14Page 163 of 386
In an effort to differentiate Arroyo Grande TBID’s brand's position in the larger travel market and
continue to increase exposure for the destination through earned media, Arroyo Grande TBID
leveraged its existing tourism partnerships with Visit California, Visit SLO CAL, Highway 1 Discov-
ery Route and Central Coast Tourism Council.
In February, Arroyo Grande TBID partnered with the City of SLO and Highway 1 Discovery Route to
host a press trip for two journalists who represented lifestyle and culinary outlets including Food
Wine Travel Magazine, the official International Food Wine and Travel Writers Association
Magazine, travel site Wander with Wonder and "SoCal Restaurant Show" in LA on AM 830 KLAA.
Public Relations & Partnerships
Visit California is the state marketing
agency that partners with the state’s
travel industry to keep California top-of-
mind as a premier travel destination.
Arroyo Grande TBID submitted story
pitches and content for the following
marketing topics:
• California’s Holiday Spirit
• California’s Sustainable Wineries
• Roadside Must Eats
Visit SLO CAL is the non-profit county-
wide destination marketing and
management organization for San Luis
Obispo County. They are responsible
for promoting a community as an
attractive travel destination and
enhancing its public image as a dynamic
place to live and work. In addition to
submitting content about Arroyo
Grande for use in media pitching and
story lead generation, Arroyo Grande
TBID also partnered with them on the
following initiatives:
• Future Visitor Profile Study
• Equity, Diversity & Inclusion Asset
Alignment Study
• House of Brands Phase 1
The Central Coast Tourism Council is a
marketing organization that promotes
the Central Coast of California. Arroyo
Grande TBID submitted content for
the following marketing topics:
• Event promotion and content
• Sunset co-op
Partnerships:
15 Page 164 of 386
visitarroyogrande.org
Page 165 of 386
Item 9.b.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Discuss and Consider Introduction of an Ordinance Amending Title 16
of the Arroyo Grande Municipal Code to Implement Senate Bill 9;
Development Code Amendment 21-002; Location – Citywide
DATE: May 24, 2022
SUMMARY OF ACTION:
Introduction of the proposed Ordinance amending Title 16 of the Arroyo Grande Municipal
Code to implement Senate Bill 9 locally (Attachment 1) will allow for adoption of the
ordinance at a future City Council meeting.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
Introduce an Ordinance establishing regulations for projects proposed under the
provisions of SB 9.
BACKGROUND:
SB 9 was signed by Governor Newsom on September 16, 2021, and became effective
January 1, 2022 (Attachment 2). This bill is intended to stre amline housing development
by requiring a proposed housing development containing no more than two residential
units within a single-family residential zone to be considered ministerially, without
discretionary review or hearing, if the proposed housing de velopment meets certain
requirements. SB 9 also requires a local agency to ministerially approve a parcel map for
an urban lot split in a single-family residential zone if it meets certain requirements,
including minimum lot size requirements and certain objective standards. Cities may deny
an SB 9 project or subdivision that otherwise meets the requirements of SB 9 only if the
Building Official determines it will result in a specific, adverse impact on health and safety
and there is no feasible way to mitigate the impact.
Page 166 of 386
Item 9.b.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code
Amendment 21-002; Location – Citywide
May 24, 2022
Page 2
City Council Study Session
A study session was held with the City Council on March 22, 2022, to provide a forum for
community comments and to discuss implications of SB 9 to aid staff in refining the draft
Ordinance (Attachment 3). Council expressed concerns with the effects of the unplanned
density associated with potential SB 9 development and also discussed impacts to the
water supply, how SB 9 affects developments with homeowner’s association, and the
proposed objective design standards, including height limits and parking design. These
concerns and direction are noted in more detail in the corresponding sections of this
report. Additionally, Council directed staff to present draft objective design standards to
the Architectural Review Committee (ARC) for review and recommendation prior to the
Planning Commission’s consideration of the draft ordinance.
Architectural Review Committee
Staff presented the draft objective design standards to the ARC on April 18, 2022 for
comments and a recommendation to Planning Commission. In general, the ARC
recommended revisions to the design standards that allowed for more flexibility. For
example, one recommendation was that the maximum size of units should be tied to lot
size rather than the one-size fits all approach of a 1,200 square foot limit. The ARC also
recommended that additional flexibility should be incorporated into the standards for
building materials and colors. Recommendations from the ARC were included in the draft
Ordinance brought to the Planning Commission.
Planning Commission Review
On May 3, 2022, staff presented the draft ordinance to the Planning Commission for a
recommendation hearing (Attachment 4). The Planning Commission adopted a
Resolution recommending adoption of the draft ordinance with substantial revisions from
the direction provided by the City Council (Attachment 5). These changes proposed by
the Commission include allowances for more units and larger units, more permissive
height allowances, an elimination of parking, and allowance for ADUs on lots created
through SB 9. These changes will be explained in more detail in the corresponding
sections of this report.
ANALYSIS OF ISSUES:
SB 9 can be broken into two primary components: 1) provisions that allow subdivisions
of a single-family zoned lot into two lots (“subdivisions”); and 2) provisions that allow
construction of two units on a single-family zoned property (“two-unit projects”). These
provisions can be used in concert, so that an applicant could su bdivide an existing parcel
and build two units on each parcel.
Qualifying Properties
Parcels located in any zoning district allowing single family residential uses are eligible
for SB 9 development. This includes the Residential Estate, Residential Hillsi de,
Page 167 of 386
Item 9.b.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code
Amendment 21-002; Location – Citywide
May 24, 2022
Page 3
Residential Rural, Residential Suburban, Village Residential, Single Family zones, and
the Planned Development districts, which all permit single-family residences as an
allowed use. In the draft ordinance presented to Council at the study session, only parcels
in the Single Family zone would have been eligible for development under the draft SB 9
ordinance. This was based on staff’s interpretation and guidance from the City Attorney
regarding the terms of SB 9. Subsequent to the study session, the California Department
of Housing and Community Development released a n SB 9 Fact Sheet with information
about the legislation (Attachment 6). Based on the information in that document, the
zoning districts eligible for SB 9 development has been broadened to in clude all zones
that permit single family residential as an allowed use.
Regardless of zoning, properties are excluded from using SB 9 for two -unit projects
and/or subdivisions if they are located in any of the following areas:
Prime farmlands or farmlands of statewide importance, or farmlands protected by
a local ordinance
Wetlands, as defined in the United States Fish and Wildlife Service Manual
A hazardous waste site
Lands identified for conservation in an adopted conservation plan or under a
conservation easement
Habitat for protected species
Within a historic district or on a site that is designated as historic
As indicated above, SB 9 does not apply to parcels located “within a historic district or
property included on the State Historic Resources Inventory, as defined in Section 5020.1
of the Public Resources Code.” Under Public Resources Code Section 5020.1, “Historic
district” means “a definable unified geographic entity that possesses a significant
concentration, linkage, or continuity of sites, buildings, structures, or objects united
historically or aesthetically by plan or physical development.” Studies were conducted by
the City that confirm the Historic Character Overlay District (D-2.4) possesses a high
concentration of historically relevant sites and structures which supported creation of the
district. Therefore, parcels in the overlay district would be ineligible for purposes of SB 9.
Prime farmland and farmlands of statewide importance are present within the City, most
of which is found near Fair Oaks Avenue between Woodland Drive and Highway 101 and
in the areas near Branch Mill Road (Attachment 7). These areas would not be eligible for
SB 9 projects.
Three other areas are identified as conditionally excluded from SB 9. These areas
include:
Within a very high fire hazard severity zone
Within a delineated earthquake fault zone, unless the project is designed to meet
building code requirements for building within such zone
Page 168 of 386
Item 9.b.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code
Amendment 21-002; Location – Citywide
May 24, 2022
Page 4
Within a special flood hazard area or regulatory floodway, unless certain
requirements are met
SB 9 development is allowed in the three areas listed above, but only when applicable
building code and measures for hazard mitigation are met. For example, a property in the
flood zone is required to provide a no -rise certification, prepared in accordance with
Federal Emergency Management Agency guidelines, to indicate that the construction of
a building will not increase flood hazards downstream. Certain building techniques and
materials measures are required for SB 9 developments on properties in an earthquake
or high fire zone.
A property can only be subdivided pursuant to SB 9 once. SB 9 also precludes the same
applicant, or someone working in concert with the applicant, from subdividing adjacent
properties. SB 9 does not override covenants, conditions, and restrictions (CC&Rs) or
other private governing documents for homeowner’s associations (HOA) or common -
interest developments, meaning these developments may impose further restrictions on
subdivision of parcels and two-unit developments. The City would process an SB 9
application where CC&Rs or other documents might otherwise restrict SB 9 projects, and
because the City is not a party to private governing documents, enforcement of such
documents is left to the HOA or affected property owners. The application for SB 9
projects will include a disclaimer for the applicant to acknowledge notification of their HOA
when applicable.
Urban Lot Splits
Lot splits proposed under the provisions of SB 9 are referred to as Urban Lot Splits (ULS).
The legislation requires that a parcel map for an ULS shall be approved ministerially,
without discretionary review. Parcels developed with affordable housing or re sidential
units that have been occupied by a tenant within three (3) years of the ULS application
may not be split if the application proposes to alter or demolish the residential units.
Under the subdivision provisions of SB 9, the City must also allow a single-family zoned
property to be subdivided into two roughly proportional lots. To ensure rough
proportionality, SB 9 specifies that one lot cannot be less than 40 percent of the size of
the other. The bill also establishes a minimum lot size of 1,200 square feet for lots created
through an urban lot split. Provisions of SB 9 include the following allowances and
restrictions on subdivisions:
Cannot require dedication of right-of-way or construction of off-site improvements
(such as installation of a sidewalk where there is none);
May require that parcels have access to a public right -of-way;
May require easements for the provision of public services and facilities; and
Must require the applicant to sign an affidavit stating that the applicant intends to
live on one of the properties as their primary residence for at least three years after
Page 169 of 386
Item 9.b.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code
Amendment 21-002; Location – Citywide
May 24, 2022
Page 5
the date of the subdivision. This requirement does not apply to an urban land trust
or qualified non-profit.
Units built on lots created through an ULS are reserved f or residential uses, may not be
permitted for short term rentals, and require owner occupancy for at least three years
from the date of the approval of the ULS. An owner affidavit will be required with the
application for a ULS and, in addition to the owner occupancy statement, must include a
clause stating that a unit located on a lot created through an ULS will not be used as a
short term rental.
Two-unit Development
A housing development consisting of two residential units within a single-family residential
zone shall also be considered ministerially, without discretionary review or hearing , if
developed pursuant to the provisions in SB 9. A two-unit development may include the
construction of two new units, or the addition of a new unit to a property already developed
with a single-family dwelling. A two-unit development would be subject to the following
requirements, among others:
The proposed housing development would not require demolition or alteration of
housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income;
The proposed housing development would not require demolition or alteration of
housing that has been occupied by a tenant in the l ast three years;
The proposed housing development does not allow for the demolition of more than
25% of the existing exterior structural walls of an existing residential unit on the
property unless the site has not been occupied by a tenant in the last thr ee years;
and
The development is not located within a historic district, is not included on the State
Historic Resources Inventory, or is not within a site that is legally designated or
listed as a city or county landmark or historic property or district.
When an application for a two-unit development is submitted that proposes the demolition
of an existing unit, staff will confirm the subject parcel complies with the State mandated
requirements listed above. Staff maintains a database of deed -restricted affordable
housing units that will be referenced to verify an affordable unit is not proposed for
demolition. Furthermore, staff can obtain water billing information to verify whether a unit
has been rented in the previous three years.
The Planning Commission recommendation includes allowances for either an ADU or
JADU in addition to a two-unit development on lots created through an ULS. This would
increase the maximum number of units allowed between the two lots from four (4) units,
the minimum required by SB 9, to six (6) units. The motivation behind the Commission’s
recommendation was a desire to provide flexibility and feasibility for larger lots to
Page 170 of 386
Item 9.b.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code
Amendment 21-002; Location – Citywide
May 24, 2022
Page 6
construct housing that would result in progress towards the meeting the demand in the
community. To construct six units on the vast majority of the residential parcels within the
City, while remaining within the FAR limits, will require smaller units, which are likely to
be more affordable for future tenants. An increase in the number of units, and especially
units that would sell or rent at affordable levels, would also help accomplish goals
established in the Housing Element.
Accessory Dwelling Units
ADUs are allowed with SB 9 projects; however, SB 9 states that an agency shall not be
required to permit more than two units on a parcel created by an ULS. In addition, SB 9
states that the City is not required to permit an ADU on parcels that propose both a two -
unit residential development and an ULS. The draft ordinance presented to the Planning
Commission prohibited ADUs on parcels created through an ULS, as supported by the
City Council during the March 22, 2022 study session. After discussing the prohibition,
the Planning Commission decided to recommend allowing either an ADU or JADU on lots
created through a ULS, in addition to a two-unit development to achieve the six (6) unit
maximum (three units total on each ULS lot). Up to two ADUs or JADUs would be allowed
on lots not created through a ULS , in accordance with SB 9. Objective design standards
would apply to ADUs as well as two-unit developments.
Objective Design Standards
The City may adopt objective development standards for SB 9 projects, but those
standards cannot preclude construction of at least two units of 800 square feet in size
each. Objective standards are those standards that involve no exercise in judgement to
apply, such as numeric setback requirements. These design standards can regulate
specific standards such as unit size, height limits, aesthetics, and function.
SB 9 already includes the following mandatory development standards:
Cannot require more than four-foot side and rear setbacks for SB 9 developments;
Cannot require more than one parking space per unit. Cannot require any parking
for projects within a half-mile walking distance of high-quality transit or major transit
stops, as defined by state law, or if there is a car share vehicle located within one
block;
Must allow construction of attached units; however, attached units must be
designed to meet all requirements for selling each unit individually;
No setback can be required for existing structures, and
The City shall not require the correction of non-conforming zoning conditions on a
property as a condition of approval of a project or deny a project due to existing
non-conformities.
A high-quality transit stop is defined as a stop on a fixed route bus service with service
intervals no longer than 15 minutes during peak commute hours. Every bus route serving
Page 171 of 386
Item 9.b.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code
Amendment 21-002; Location – Citywide
May 24, 2022
Page 7
Arroyo Grande has service intervals exceeding 15 minutes, th erefore the parking
exemption described above is not available for SB 9 projects in the City unless bus service
changes to meet the State definitions. Beyond the mandatory development standards,
the City may incorporate standards for floor-area ratios, height, lot coverage, and building
separation, among others. Just as with units that are constructed on parcels created
through a ULS, two-unit developments may not be short term rentals.
On April 18, 2022, the ARC reviewed the proposed objective design standards that were
refined after the study session with Council (Attachment 8). As a result of that meeting,
standards for maximum unit size, height, rooftop decks, color, and materials were revised
based on the feedback from ARC. For example, the ARC found the unit size maximum of
1,200 square feet would be overly restrictive for the larger single family lots and would
discourage SB 9 development in areas where it is most appropriate. Using the floor-area
ratios (FAR) already established in the Municipal Code was determined to be a solution
that is both equitable and maintains neighborhood character. The floor -area ratios found
in AGMC 16.32.050 are summarized in Table 1.
Table 1: Floor-Area Ratio Maximums
Lot Size Floor Area Ratio Maximum
0-4,000 sq. ft. 0.35
4,001-7,199 sq. ft. 0.40
7,200-11,999 sq. ft. 0.50
12,000-39,999 sq. ft. 0.45
Greater than 40,000 sq. ft. None
The Planning Commission was in favor of a hybrid approach in regards to maximum size,
by using FAR to regulate the size of SB 9 development, with the caveat that the FAR
cannot preclude at least two (2) 1,200 square foot units developed pursuant to SB 9 in
order to spur housing creation.
At the study session, Council was undecided about whether a 16-foot height limit would
be appropriate. To provide flexibility, the height standard that was presented to Planning
Commission limited building height to 16-feet within the setbacks of the underlying zone,
and buildings, or portions thereof, that comply with the setbacks of the underlying district
would be subject to the height limit of that district. Planning Commission found that height
standard overly restrictive, and therefore, amended the proposed height limit to 30 feet,
consistent with the height limit of all single-family zones.
The building separation standard is proposed to maximize privacy and outdoor space for
inhabitants of SB 9 units. Initially, staff proposed a prohibition of rooftop decks, but the
ARC felt that rooftop decks provide an opportunity for outdoor living space and
recommended removal of this standard.
Page 172 of 386
Item 9.b.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code
Amendment 21-002; Location – Citywide
May 24, 2022
Page 8
Standards for colors and materials are intended to ensure a minimal amount of aesthe tic
quality. The cladding materials are commonly found throughout the City, and prevent the
use of less durable materials that would deteriorate over time and become unsightly.
Multiple colors are required to ensure more visual appeal than a simple, single color.
SB 9 establishes a maximum parking requirement of o ne parking space per unit. The
draft Ordinance reviewed by Planning Commission required one covered parking space
per unit and included standards for parking locations and configurations. Arroyo Grande
Municipal Code Section 16.56.030 already prohibits parking in a front setback, but makes
an exception for parking spaces on a lawfully established driveway. The standard
requiring a landscape buffer is intended to prevent parking from dominating the most
publicly visible area of a property. Shared driveways are a way to minimize the amount
of paving on a property for both aesthetic and stormwater management purposes. The
Planning Commission discussed the issue of parking and initially was in favor or
eliminating the covered parking requirement for SB 9 units because of the additional costs
and land associated with a garage or carport. Upon further discussion, the PC
recommendation to Council includes removing parking requirements from the draft
Ordinance as another way to incentivize SB 9 development. Design standards for parking
and on-site circulation remain in the draft Ordinance, but would only apply when parking
is voluntarily proposed by an applicant.
Requiring connection to City utilities (water and sewer) will ensure that units developed
under SB 9 will remain livable without relying on private water wells or septic systems,
which have a finite lifespan. The screening standards applicable to service areas and
mechanical equipment are intended to hide areas for storage of trash receptacles, air
conditioning units, and utility meters to maintain neighborhood character.
Public Improvements
SB 9 does not allow the City to require dedication of rights-of-way or the construction of
off-site improvements as a condition of approval for an ULS. The City may impose Arroyo
Grande Municipal Code Chapter 16.68 requiring the undergrounding of utilities at the time
of building permit issuance. Development impact fees, such as those for fire protection,
police facilities, park improvements, and traffic signalization, and connection fees for
water and wastewater may be collected with building permit fees for new residential units
proposed with the provisions of SB 9.
Planning Commission and ARC Recommendations
Because there were significant differences between the City Council direction and the
recommendations from the ARC and Planning Commission, staff has summarized the
evolution of the recommendations below in Table 2 that are reflected in the draft
Ordinance as it relates to the number of units, maximum size, height, and parking.
Page 173 of 386
Item 9.b.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code
Amendment 21-002; Location – Citywide
May 24, 2022
Page 9
Table 2
CC Study
Session
ARC
Recommendation
PC
Recommendation
Number of
Units Four (4) units max. No Change
Six (6) unit maximum
on a lot divided
through an urban lot
split by means of an
additional ADU/JADU.
Max. Unit
Size 1,200 sq. ft.
Use FAR maximums
from Municipal Code to
regulate size.
Use FAR as maximum,
but with the caveat that
FAR shall not preclude
the construction of two
1,200 sf units on any
lot.
ADUs
Up to two allowed
in addition to two-
unit developments.
None on lots
created through an
ULS.
No Change
Up to two allowed in
addition to two-unit
developments. One
ADU/JADU allowed in
addition to two-unit
developments on lots
create through an ULS
Max Height 16 feet
Structures, or portions
thereof, located within
the setback of an
underlying zone are
limited to 16 feet,
otherwise the height
limit of the underlying
zone district applies.
Height limit of 30’ for
all SB 9 units
regardless of setback
Parking
One (1) covered
parking space per
unit
No change
Waive parking
requirements for all SB
9 units
Next Steps
Introduction of the Ordinance will begin the final steps in the process to establish
regulations for SB 9 projects. Adoption of the Ordinance is proposed to occur at the next
Council meeting on June 14, 2022, unless Council directs staff to make substantial
revisions to the Ordinance, in which case a revised ordinance will be prepared and
presented for consideration and introduction at a future City Council meeting.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
Page 174 of 386
Item 9.b.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code
Amendment 21-002; Location – Citywide
May 24, 2022
Page 10
1. Introduce the attached Ordinance approving Development Code Amendment 2 1-
002;
2. Modify as appropriate and introduce the attached Ordinance approving
Development Code Amendment 21-002;
3. Continue the introduction of the Ordinance, and provide direction to staff on
specific revisions to the Ordinance; or
4. Provide other direction to staff.
ADVANTAGES:
Adoption of the Ordinance would regulate development in a manner that is appropriate
for Arroyo Grande. The proposed objective design standards would allow significant
development under SB 9 and progress towards housing goals established in the Housing
Element.
DISADVANTAGES:
The reduced setbacks allowed by SB 9 would increase density in a manner not
anticipated by the Municipal Code and may change the character of residential
neighborhoods.
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), the Community
Development Department has determined that the adoption of an ordinance to implement
Senate Bill 9 creates a ministerial review process and therefore is exempt from the
requirements of CEQA pursuant to Division 13 (commencing with Section 2 1000) of the
Public Resources Code.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was published in the Tribune and posted at City Hall and on
the City’s website on May 13, 2022. The Agenda was posted at City Hall and on the City’s
website in accordance with Government Code Section 54954.2.
Attachments:
1. Proposed Ordinance
2. Senate Bill 9
3. Staff Report and Minutes from March 22, 2022 City Council Study Session
4. Staff Report and Draft Minutes from May 3, 2022 Planning Commission meeting
5. Planning Commission Resolution 22-2361
6. HCD SB 9 Fact Sheet
7. Farmland Map
8. Minutes from the April 18, 2022 ARC Meeting
Page 175 of 386
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING TITLE 16 OF THE
ARROYO GRANDE MUNICIPAL CODE AND ADDING
SECTIONS 16.32.060 AND 16.20.180 PERTAINING TO
REGULATIONS FOR TWO-UNIT RESIDENTIAL
DEVELOPMENT WITHIN SINGLE-FAMILY RESIDENTIAL
ZONES AND TO PARCEL MAPS FOR URBAN LOT SPLITS
TO COMPLY WITH SENATE BILL 9 (SB 9), CALIFORNIA
GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7
WHEREAS, on September 16, 2021, Governor Gavin Newsom signed Senate Bill 9
into law, which establishes a series of new regulations to allow for ministerial approval
of two units on parcels located in single-family residential zones as set forth in
Government Code Section 65852.21 and ministerial approval of urban lot splits
pursuant to Government Code Section 66411.7; and
WHEREAS, Government Code sections 65852.21 and 66411.7 permit the imposition of
objective zoning standards, objective design standards and objective subdivision
standards on two-unit residential development projects and urban lot splits, provided
that they do not physically preclude the construction of up to two units of at least 800
square feet in floor area; and
WHEREAS, the City of Arroyo Grande desires to amend Title 16 of the Arroyo Grande
Municipal Code to comply with the provisions of Government Code sections 65852.21
and 66411.7; and
WHEREAS, the City of Arroyo Grande has duly initiated this amendment to the Arroyo
Grande Municipal Code to add Section 16.32.060 pertaining to Regulations for Two -
Unit Residential Development within Single-Family Residential Zones and Section
16.20.180 pertaining to Parcel Maps for Urban Lot Spits; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on May 3, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the case as presented; and
WHEREAS, on May 3, 2022, the Planning Commission of the Arroyo Grande
recommended to the City Council adding Sections 16.20.180 and 16.32.060 to the
AGMC; and
WHEREAS, the City Council of the City of Arroyo Grande has, after giving notice
thereof as required by law, held a public hearing on May 24, 2022, concerning the
addition of AGMC Sections 16.20.180 and 16.32.060; and
Page 176 of 386
ORDINANCE NO.
PAGE 2
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled
public meeting on May 24, 2022 introduced this Ordinance to add Section 16.20.180 to
Title 16, Chapter 20 and 16.32.060 to Title 16, Chapter 32 of the AGMC; and
WHEREAS, the City Council has carefully considered all pe rtinent testimony and the
staff report, its attachments and all supporting materials referenced therein or offered in
the matter as presented at the public hearing.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. Section 16.20.180 is hereby added to Title 16, Chapter 20 of the Arroyo
Grande Municipal Code to read as follows:
Section 16.20.180 Parcel Maps for Urban Lot Spits
A. Purpose and Scope
1. This Section implements Government Code section 66411.7 to provide an owner
of property in the Single-Family zoning district an additional method to subdivide
the parcel for the purpose of housing development.
2. Urban lot split means the subdivision of an existing legal parcel in a single -family
zoning district to create no more than two new parcels.
B. Application and Approval
1. A parcel map for an urban lot split may not be approved except in conjunction
with a concurrently submitted application for building permits for two -unit
residential development pursuant to Section 16.32.060. Development on the
resulting parcels is limited to the residential development approved in the
concurrently submitted building permit applications.
2. A parcel map for an urban lot split must be prepared by a registered civil
engineer or licensed land surveyor in accordance with Government Code
sections 66444 – 66450 and this Section, and submitted for approval to the City
Engineer. A fee in an amount established by City Council resolution must be paid
concurrently with the submission of the parcel map.
3. The City Engineer is the approval authority f or parcel maps under this Section.
The City Engineer shall approve a parcel map for an urban lot split if the
Engineer determines that it meets all of the requirements of this Section.
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C. The following supplemental information is required to be submitted with a parcel map
to establish compliance with the construction plans and all provisions of this Code and
applicable State law:
1. A map of appropriate size and to scale showing all of the following:
a. Total area (in acreage and square feet) of each proposed lot.
b. Location and dimensions of existing and proposed property lines;
c. Zoning District;
d. The location and use of all existing and proposed structures;
e. All required zoning setbacks for the existing and proposed lots;
f. The location of all existing water, sewer, electricity, storm drain, or gas
service lines, pipes, systems, or easements;
g. The location of all proposed new water, sewer, storm drain, lines, pipes,
or systems;
h. The location of any proposed easements for acces s or public utilities to
serve a lot created by the subdivision;
i. The location of any existing trees larger than four inches in diameter
measured four feet six inches above the base and any such trees proposed
for removal;
j. Any area of the parcel that has a slope of 25% or greater by way of
contours at 5-foot intervals;
l. Name and dimensions, including right-of-way and improved area, of public
and private streets or public alleys adjoining the parcel;
m. Curb, gutter, sidewalk, parkway, and street trees: type, location, and
dimensions;
n. Location of existing or proposed driveway dimensions, materials, and
slope (including cross slope); and
o. Location of existing or proposed pedestrian pathway access to the public
right of way.
2. A statement of the owner, signed under penalty of perjury under the laws of
California, that:
a. The proposed urban lot split would not require or authorize demolition or
alteration of any of the following types of housing:
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(i) Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has
exercised the owner’s rights under Section 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code to withdraw
accommodations from rent or lease within 15 years before the date that
the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years.
b. The parcel has not been established through prior exercise of an urban lot
split under this Section;
c. Neither the owner of the parcel being subdivided nor any person acting in
concert with the owner has previously subdivided an adjacent parcel under
the provisions of this Section.
d. The owner intends to occupy one of the housing units located on a lot
created by the parcel map as their principal residence for a minimum of three
years from the date of the recording of the parcel map.
e. Rental terms of any unit created by the subdivision shall not be less than
31 consecutive days, nor shall rental terms allow termination of the tenancy
prior to the expiration of at least one thirty-one (31) day period of occupancy
by the same tenant.
f. The uses allowed on a lot created by the parcel map shall be limited to
residential uses.
D. Design and Improvement Requirements
1. A parcel map may subdivide an existing legal parcel to create no more than two
parcels of approximately equal lot area. One parcel shall not be smaller than 40
percent of the lot area of the original parcel propose d for subdivision and neither
parcel shall be smaller than 1,200 square feet.:
2. Each parcel must be served by a separate water service meter and a separate
sewer connection.
3. Each parcel shall either drain a developed drainage easement or in accor dance
with the City’s Standard Specification and Engineering Standards.
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4. Rights-of-way as required for access along all natural watercourses as
necessary for flood control, maintenance, and improvement shall be dedicated.
5. The parcel must satisfy the requirements of Government Code section
66411.7(a).
6. A lot line shall not bisect or be located within 4 feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three
years before the date of the parcel map;
b. A structure designated as a historic structure or a candidate structure
under any City ordinance or included on the State Historic Resources
Inventory;
c. A dwelling that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income.
d. Existing easements if the resulting lot would create a developable area
that would interfere with the use of the easement for its intended purpose.
7. The location and orientation of new lot lines shall meet the following standards:
a. Front lot lines shall conform to the minimum public street frontage
requirements of the Development Code; a flag lot, or a lot with a narrow
projecting strip of land extending along a street, is not permitted.
b. Each parcel shall have approximately equal lot width and lot depth,
consistent with the minimum lot sizes described in subsection D, above. Lot
depth shall be measured at the midpoint of the front lot line. Lot width shall be
measured by a line connecting two points on opposite interior lot lines that
will result in a line parallel to the front lot line.
c. New lot lines must be straight lines, unless there is a conflict with existing
improvements or the natural environmen t in which case the line may be not
be straight but shall follow the appropriate course.
d. Lot lines facing a street shall generally be parallel to the street. Unless the
minimum public street frontage is provided, the lot line dividing the two
parcels must be parallel to and not less than 50 feet from an existing front lot
line, or outside the front half of the existing lot, whichever is greater.
e. Interior lot lines not facing the street shall be at right angles perpendicular
to the street on straight streets, or radial to the street on curved streets.
f. Lot lines shall be located within appropriate physical locations such as the
top of creek banks, at appropriate topographical changes (top or bottom of
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slopes etc.) or at locations which clearly separate existing and proposed land
uses.
g. Lot lines shall be contiguous with existing zoning boundaries.
h. The placement of lot lines shall not result in an accessory building or
accessory use on a lot without a main building or primary use on the s ame
lot, as defined in the Development Code.
i. Lot lines shall not render an existing structure as nonconforming in any
respect (e.g., setbacks, Floor Area Ratio, parking), nor increase the
nonconformity of an existing nonconforming structure.
E. Access Standards
1. Each lot shall front upon or have access to a public street, or be served by an
access easement serving no more than two lots. Access shall be provided in
compliance with these standards:
a. Vehicle access easements serving a maximum of two units shall meet the
following standards:
i. Easement width shall be a minimum of 10 feet and a maximum of 16 feet,
unless a wider driveway is required by the California Fire Code due to
distance of the structure from the easement, or as needed to me et the
driveway and parking standards in the City’s standards.
ii. The minimum length for a vehicle access easement is 20 feet. No
maximum easement length shall be set. If easement length is more than
75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 3 feet to the easement.
b. Vehicle access easements serving three to four units shall meet the
following standards:
i. Easement width shall be a minimum of 20 feet.
ii. The minimum length for a vehicle access easement is 20 feet. No
maximum easement length shall be set. If easement length is more than
75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 5 feet to the easement.
c. Where a lot does not abut a public street, and where no automobile
parking spaces are required or proposed for the residential development, a
vehicle access easement is not required. An easement providing pedestrian
access to a street from each lot shall be provided meeting the fo llowing
standards:
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i. Easement width shall be a minimum of five feet;
ii. Pedestrian access easements shall not exceed 200 feet in length.
2. Vehicle access easements shall not be located closer than 25 feet to an
intersection.
3. Access and provisions for fire protection consistent with the California Fire Code
shall be provided for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and
turnaround dimensions shall meet the requirements of the California Fire Code,
the City’s Design Standards, and the parking design standards in the
Development Code.
5. Lots taking access by an easement must record a shared maintenance
agreement for the driveway. The agreement shall be recorded pr ior to or
concurrently with the final map.
F. Map Requirements
1. The content and form of a parcel map shall meet all the requirements of
Government Code sections 66444 – 66450.
2. The parcel map shall show all easements for public utilities necessary to serve
each lot created by the subdivision.
3. The parcel map shall show all easements necessary to provide each lot with
access to the public or private street or alley abutting the original parcel.
4. The parcel map shall contain a declaration that :
a. Each lot created by the parcel map shall be used solely for residential
dwellings;
b. That rental of any dwelling unit on a lot created by the parcel map shall
not be less than 31 consecutive days, nor shall rental terms allow termination
of the tenancy prior to the expiration of at least one 31 -day period occupancy
by the same tenant.
G. Concurrent Processing With Other Ministerial Permits for Housing Development
1. No development, including grading or vegetation removal, shall commence on
either lot, concurrent or subsequent to an urban lot split, unless it is approved
with a valid building permit for the construction of a housing development and
complies with all the objective development and design standards outlined for
two-unit residential development or accessory dwelling units in this Code, or any
other adopted objective design standards in effect at the time a complete
application is submitted.
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2. A building permit for development on an urban lot split cannot be issued until the
parcel map is recorded.
3. The City Engineer shall deny an urban lot split if the building official has made a
written finding, based upon a preponderance of the evidence, that the proposed
housing development project would have a specific, adverse impact, as d efined
and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the
Government Code, upon public health and safety or the physical environment
and for which there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact.
H. Prohibition of Further Subdivision
A lot created by a parcel map under this Section shall not be further subdivided.
SECTION 3. Section 16.32.060 is hereby added to Title 16, Chapter 32 of the Arroyo
Grande Municipal Code to read as follows:
Section 16.32.060 Two-Unit Residential Development
A. Purpose and Intent.
1. It is the intent of these regulations to provide opportunities for two units on one
legal parcel, consistent with state law and local regulations. In the event of an
inconsistency between this Section and Government Code Section 65852.21,
Government Code Section 65852.21 shall prevail. Provided that Government
Code Sections 65852.21 or 66411.7 are not repealed, qualifying two -unit
residential development in the single-family zoning districts shall be located,
developed, and used in compliance with this Section.
2. In accordance with Government Code Section 65852.21(a)(2), two -unit
residential development shall not be permitted under this Section in any of the
following circumstances:
a. Parcels located in:
i. Wetlands;
ii. Either prime farmland or farmland of statewide importance, as defined
pursuant to United States Department of Agriculture land inventory and
monitoring criteria, as modified for California, and designated on the maps
prepared by the Farmland Mapping and Monitoring Program of the
Department of Conservation;
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iii. Very high fire severity zones, except if the site has adopted fire hazard
mitigation measures pursuant to existing building standards or state fire
mitigation measures applicable to the development;
iv. A hazardous waste site, unless the site has been cleared by the State for
residential use;
v. Delineated earthquake fault zones, unless the development complies with
applicable seismic protection building code standards;
vi. Special flood hazard areas (100-year flood zones), unless the site has
been subject to a FEMA Letter of Map Revision issued to the City or the
site meets FEMA requirement necessary to meet minimum flood plain
management criteria of the National Flood Insurance Program;
vii. A regulatory flood way identified in a FEMA map, unless the development
has received a no-rise certification;
viii. Lands identified for conservation in an adopted natural resource
protection plan, habitat for protected species, or under a conservation
easement; and
ix. A historic district or property designated pursuant to a local ordinance or
included on the State Historic Resources Inventory.
b. The proposed development would require demolition or alteration of any
of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to moderate, low, or very low incomes;
ii. A unit that has been occupied by a tenant within the past three years; and
iii. A rent controlled unit.
c. The proposed development would result in the demolition of more than 25
percent of the existing exterior structural walls, unless the site has not been
occupied by a tenant in the last three years.
d. The building official finds that the proposed development would have a specific,
adverse impact on public health and safety or the physical environment that cannot be
feasibly mitigated or avoided, as defined and determined in paragraph (2) of subdivision
(d) of Government Code Section 65589.5.
B. Restrictions.
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A qualifying two-unit residential project shall be subject to the following
restrictions:
1. The development and use of the dwelling units shall only be valid and
permitted based on the terms established in the Section.
2. The dwelling unit(s) shall not be rented for a period of less than thirty -one
(31) consecutive days, nor shall rental terms allow termination of the
tenancy prior to the expiration of at least one thirty -one (31) day period
of occupancy by the same tenants.
C. Unit Configurations
The new unit in a two-residential unit development may be permitted in the
following configurations. For the purpose of this section, “unit” means any
dwelling unit, including, but not limited to, two-unit residential development,
additional residential unit, primary residential unit, accessory dwelling unit, or
junior accessory dwelling unit.
1. One new unit incorporated entirely within an existing residential unit.
2. One new unit incorporated entirely within an existing accessory building,
including garages.
3. One new unit attached to and increasing the size of an existi ng residential
unit or an existing accessory building.
4. One new unit detached from and located on the same lot as an existing
unit. A unit that is attached to another detached accessory building,
but not another residential unit, or is attached by a breezew ay or
porch, is considered detached.
5. Two newly constructed attached units (duplex) or two detached residential
units on a vacant lot.
6. A two-unit residential development in any of the configurations described
above may be added to a newly created lot concurrently with an
approval for a parcel map for an urban lot split, pursuant to AGMC
Section 16.20.180, Parcel Maps for Urban Lot Splits.
7. Up to two accessory dwelling units pursuant to AGMC Section 16.52.150,
Accessory Dwelling Units, may be proposed in addit ion to the two units
constructed pursuant to this Section. Only one accessory dwelling unit
may be added to a lot created through an Urban Lot Split.
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D. Parking.
1. No parking shall be required for dwelling units developed pursuant to this
Section.
E. Rear and Side Setbacks.
1. No setback shall be applied to existing structures or structures
constructed in the same location and to the same dimensions as an
existing structure.
2. For projects not meeting the requirements of subsection 1 above, a
minimum four-foot setback shall be provided from side and rear lot
lines.
F. Objective Zoning and Design Standards for Two-Unit Residential Developments.
Government Code Section 65852.21 permits the imposition of objective zoning
standards and objective design standards. Accordingly, the follow objective standards
shall apply to two-unit residential development projects:
1. Massing and Articulation
a. Maximum Unit Size: The total gross floor area of the unit(s), excluding
garages, shall not exceed the floor-area ratios maximums found in
Section 16.32.050 of this Title. These maximums, however, shall not
preclude the construction of at least two (2) 1,200 square foot units per
lot.
b. Building Separation: detached dwelling units shall have a minimum of 10
feet of separation whether the units are on one lot or adjacent lots.
c. Height: The maximum height of a unit developed pursuant to this Section
shall be 30-feet.
d. Rooftop decks shall be permitted in accordance with Section 16.48.180 of
this Title.
2. Colors and Materials
a. The primary cladding shall be stone, brick, fiber cement, composite wood
or stone, wood, stucco, or other cementitious material. Plywood, such as
T1-11 siding, is prohibited.
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b. Color schemes shall consist of one primary color and at least one
secondary color, at a minimum. The roof color shall not be considered a
color for purposes of this standard.
3. Parking and Circulation
a. When parking is proposed, the parking areas shall not be located
between a structure and a public sidewalk within the front setback, with
the exception of permitted driveways. When parking areas are located in
the front yard, outside of the front setback, a landscape buffer of at least
10 feet between the sidewalk and parking area shall be provided.
b. All parking areas serving more than one unit shall be internally connec ted
and shall use shared driveways.
4. Utility and Service Areas
a. All new dwelling units must connect to City utilities in accordance with
Section 13.12.060 of Title 13.
b. Areas for the storage of trash, recycling, and green waste receptacles
shall not be visible from the public right of way.
c. All mechanical equipment shall be either screened or hidden from view
from the public street.
Ministerial Approval of Two-Unit Residential Development Projects.
1. The Community Development Director or his/her designee shall m inisterially
review and approve a two-unit residential development application and shall not
require a public hearing, provided that the submitted application is complete and
demonstrates that the two-unit residential development project complies with the
requirements contained in this Title 16 and qualifies under Government Code
Section 65852.21(a).
2. In addition to obtaining planning approval for the two -unit residential
development project, the applicant shall be required to obtain a building permit,
and other applicable construction permit requirements prior to the construction of
the dwelling units.
SECTION 4. The adoption of this Ordinance is not considered a project, therefore is
statutorily exempt from the requirements of California Environmental Quality Act
(CEQA) pursuant to Division 13 (commencing with Section 21000) of the Public
Resources Code. The City Clerk shall file a Notice of Exemption from CEQA review in
accordance with CEQA Guidelines.
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SECTION 5. A summary of this Ordinance shall be publis hed in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 6. This Ordinance shall take effect and be in full force and effect thir ty (30)
days after its passage.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2022 .
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___________________________________
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
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4/21/22, 12:17 PM Bill Text - SB-9 Housing development: approvals.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 1/8
SHARE THIS:Date Published: 09/17/2021 09:00 PM
SB-9 Housing development: approvals.(2021-2022)
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government
Code, relating to land use.
[ Approved by Governor September 16, 2021. Filed with Secretary of State
September 16, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a
local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and
conditions.
This bill, among other things, would require a proposed housing development containing no more than 2
residential units within a single-family residential zone to be considered ministerially, without discretionary
review or hearing, if the proposed housing development meets certain requirements, including, but not limited
to, that the proposed housing development would not require demolition or alteration of housing that is subject
to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of
moderate, low, or very low income, that the proposed housing development does not allow for the demolition of
more than 25% of the existing exterior structural walls, except as provided, and that the development is not
located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site
that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential
units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective
subdivision standards, and objective design standards, as defined, unless those standards would have the effect
of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being
at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain
circumstances, and setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions
in the legislative body of a local agency and sets forth procedures governing the local agency’s processing,
approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification
of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24
months after its approval or conditional approval or after any additional period of time as prescribed by local
ordinance, not to exceed an additional 12 months, except as provided.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
ATTACHMENT 2
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https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 2/8
This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot
split that meets certain requirements, including, but not limited to, that the urban lot split would not require the
demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located
within a single-family residential zone, and that the parcel is not located within a historic district, is not included
on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or
county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but
not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards,
and objective design standards, as defined, unless those standards would have the effect of physically precluding
the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2
units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under
certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would
require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their
principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the
applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a
local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to
sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described
above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out
or approve that may have a significant effect on the environment. CEQA does not apply to the approval of
ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of
projects subject to those processes from CEQA.
The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal
development permit process, within the coastal zone, as defined, that shall be based on various coastal
resources planning and management policies set forth in the act.
This bill would exempt a local agency from being required to hold public hearings for coastal development permit
applications for housing developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-
mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather
than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-
family residential zone shall be considered ministerially, without discretionary review or a hearing, if the
proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which
include some portion of either an urbanized area or urban cluster, as designated by the United States Census
Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban
cluster, as designated by the United States Census Bureau.
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(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of
subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not
require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to
persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police
power.
(C) Housing that has been occupied by a tenant in the last three years.
(4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real
property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of
Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development
proponent submits an application.
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing
exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years.
(6) The development is not located within a historic district or property included on the State Historic Resources
Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed
as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose
objective zoning standards, objective subdivision standards, and objective design review standards that do not
conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and
objective design standards that would have the effect of physically precluding the construction of up to two units
or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure
constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may
require a setback of up to four feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any
of the following conditions when considering an application for two residential units as provided for in this
section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking
requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined
in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section
21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel.
(2) For residential units connected to an onsite wastewater treatment system, a percolation test completed
within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
(d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the
building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which
there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
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(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer
than 30 days.
(f ) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory
dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this
section and the authority contained in Section 66411.7.
(g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected
solely because it proposes adjacent or connected structures provided that the structures meet building code
safety standards and are sufficient to allow separate conveyance.
(h) Local agencies shall include units constructed pursuant to this section in the annual housing element report
as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new
units or if it proposes to add one new unit to one existing unit.
(2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review
standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly
verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the
development applicant or proponent and the public official prior to submittal. These standards may be embodied
in alternative objective land use specifications adopted by a local agency, and may include, but are not limited
to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(3) “Local agency” means a city, county, or city and county, whether general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to
implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of
the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application
of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local agency shall not be required to hold public hearings for coastal development permit
applications for a housing development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall
ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency
determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal
lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel
proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square
feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this
subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone.
(B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include
some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or,
for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as
designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of
subdivision (a) of Section 65913.4.
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(D) The proposed urban lot split would not require demolition or alteration of any of the following types of
housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to
persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police
power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under
Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or
lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years.
(E) The parcel is not located within a historic district or property included on the State Historic Resources
Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed
as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has
previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved in accordance with the following
requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially
without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of
the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided
in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of
rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a
parcel map for an urban lot split pursuant to this section.
(c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective
zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel
created by an urban lot split that do not conflict with this section.
(2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective
design review standards that would have the effect of physically precluding the construction of two units on
either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure
constructed in the same location and to the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency
may require a setback of up to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a
written finding, based upon a preponderance of the evidence, that the proposed housing development project
would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of
the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities.
(2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
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(3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking
requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined
in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section
21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel.
(f ) A local agency shall require that the uses allowed on a lot created by this section be limited to residential
uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the
applicant intends to occupy one of the housing units as their principal residence for a minimum of three years
from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of
subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is
a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this
subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer
than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the
creation of an urban lot split, the correction of nonconforming zoning conditions.
(j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local
agency shall not be required to permit more than two units on a parcel created through the exercise of the
authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units
created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section
65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it
proposes adjacent or connected structures provided that the structures meet building code safety standards and
are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this
section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a)
of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards”
mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable
by reference to an external and uniform benchmark or criterion available and knowable by both the development
applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative
objective land use specifications adopted by a local agency, and may include, but are not limited to, housing
overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to
implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of
the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application
of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local agency shall not be required to hold public hearings for coastal development permit
applications for urban lot splits pursuant to this section.
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SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or
conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to
exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six
thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or
improvement of public improvements outside the property boundaries of the tentative map, excluding
improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are
reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1
shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date
of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The
extensions shall not extend the tentative map more than 10 years from its approval or conditional approval.
However, a tentative map on property subject to a development agreement authorized by Article 2.5
(commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for
in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be
filed shall be determined by the advisory agency at the time of the approval or conditional approval of the
tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six
thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to
the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the
State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after
the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways,
freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities,
water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to
subdivision (e), shall not include any period of time during which a development moratorium, imposed after
approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
(2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond
January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that
approved or conditionally approved the tentative map denies, the existence or application of a development
moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left
to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120
days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to
subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional
approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period
is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the
lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local
agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay
the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish
procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal
procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and
no final map or parcel map of all or any portion of the real property included within the tentative map shall be
filed with the legislative body without first processing a new tentative map. Once a timely filing is made,
subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may
lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer
shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved
tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative
body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or
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periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition
to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved
tentative map, upon an application by the subdivider to extend that map, the map shall automatically be
extended for 60 days or until the application for the extension is approved, conditionally approved, or denied,
whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider
may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
(f ) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water
and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the
provision of services to the land, including the public agency with the authority to approve or conditionally
approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map.
A development moratorium shall also be deemed to exist for purposes of this section for any period of time
during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county
either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the
necessary action before expiration of the tentative map.
(2) The condition necessitates acquisition of real property or any interest in real property from a public agency,
other than the city or county that approved or conditionally approved the tentative map, and that other public
agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in
this subdivision shall be construed to require any public agency to convey any interest in real property owned by
it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the
date of approval or conditional approval of the tentative map, if evidence was included in the public record that
the public agency that owns or controls the real property or any interest therein may refuse to convey that
property or interest, or on the date that the public agency that owns or controls the real property or any interest
therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever
is later. A development moratorium specified in this paragraph shall extend the tentative map up to the
maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency
that owns or controls the real property or any interest therein fails or refuses to convey the necessary property
interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be
deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a
written offer or commitment binding on the agency to convey the necessary property interest for a fair market
value, paid in a reasonable time and manner.
SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide
concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and
Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter
cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of service mandated by this act or because costs that may
be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article
XIII B of the California Constitution.
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Item 11.b.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Acting Planning Manager
SUBJECT: Study Session for City Council to Provide Direction on a New
Ordinance to Implement Senate Bill 9
DATE: March 22, 2022
SUMMARY OF ACTION:
The purpose of this item is to give the City Council an opportunity to obtain public
comment, discuss the implications of Senate Bill 9 (SB 9), and provide direction regarding
an ordinance addressing SB 9.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected with the study session. Staff time from both the
Community Development Department and City Attorney will be required to draft the
ordinance.
RECOMMENDATION:
Receive public comment, discuss the implications of SB 9, and provide direction to staff.
BACKGROUND:
SB 9 was signed by Governor Newsom on September 16, 2021, and became effective
January 1, 2022 (Attachment 1). This bill is intended to streamline housing development
by requiring a proposed housing development containing no more than two residential
units within a single-family residential zone to be considered ministerially, without
discretionary review or hearing, if the proposed housing development meets certain
requirements. SB 9 also requires a local agency to ministerially approve a parcel map for
an urban lot split in a single-family residential zone if it meets certain requirements,
including minimum lot size requirements and certain objective standards. Cities may deny
an SB 9 project or subdivision that otherwise meets the requirements of SB 9 only if the
Building Official determines it will result in a specific, adverse impact on health and safety
and there is no feasible way to mitigate the impact.
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ATTACHMENT 3
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Item 11.b.
City Council
Study Session for City Council to Provide Direction on a New Ordinance to
Implement Senate Bill 9
March 22, 2022
Page 2
ANALYSIS OF ISSUES:
SB 9 can be broken into two primary components: 1) provisions that allow subdivisions
of a single-family zoned lot into two lots (“subdivisions”); and 2) provisions that allow
construction of two units on a single-family zoned property (“two-unit projects”). These
provisions can be used in concert, so that an applicant could subdivide an existing parcel
and build two units on each parcel.
Qualifying Properties
As proposed in the draft ordinance, SB 9 applies to parcels located in the Single-Family
zoning district. The Residential Estate, Residential Hillside, Residential Rural, Residential
Suburban, Village Residential zones, and the Planned Development districts all allow
single-family residences as an allowed use, however, based on staff’s interpretation and
guidance from the City Attorney, the City is only required to allow the provisions of SB 9
on Single Family zoned parcels. Limiting subdivisions and two -unit projects proposed
pursuant to SB 9 to only the Single Family zoning district may alleviate impacts associated
with unplanned density, including traffic generation, water use, and parking. This
interpretation is also being followed by the County of San Luis Obispo.
Regardless of zoning, properties are excluded from using SB 9 for two -unit projects
and/or subdivisions if they are located in any of the following areas:
Prime farmlands or farmlands of statewide importance, or farmlands protected by
a local ordinance
Wetlands, as defined in the United States Fish and Wildlife Service Manual
Within a very high fire hazard severity zone
A hazardous waste site
Within a delineated earthquake fault zone, unless the project is designed to meet
building code requirements for building within such zone
Within a special flood hazard area or regulatory floodway, unless certain
requirements are met
Lands identified for conservation in an adopted conservation plan or under a
conservation easement
Habitat for protected species
Within a historic district or on a site that is designated as historic
As indicated, SB 9 does not apply to parcels located “within a historic district or property
included on the State Historic Resources Inventory, as defined in Section 5020.1 of the
Public Resources Code.” Under Public Resources Code Section 5020.1, “Historic district”
means “a definable unified geographic entity that possesses a significant concentration,
linkage, or continuity of sites, buildings, structures, or objects united historically o r
aesthetically by plan or physical development.” Studies were conducted by the City that
confirms the HCO district (D-2.4) possesses a high concentration of historically relevant
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Item 11.b.
City Council
Study Session for City Council to Provide Direction on a New Ordinance to
Implement Senate Bill 9
March 22, 2022
Page 3
sites and structures which supported creation of the Historic Character Overlay (HCO)
Therefore, parcels in the overlay district would be ineligible for purposes of SB 9.
Prime farmland and farmlands of statewide importance are present within the City, most
of which is found near Fair Oaks Avenue between Woodland Drive and Highway 101 and
in the areas near Branch Mill Road. None of these sites have a single family zoning
designation, so they would be ineligible for SB 9 projects regardless of their status as
prime farmland. There are several parcels adjacent to Arroyo Grande and Corbett Canyon
Creeks that are within a special flood hazard area and/or a regulatory floodway. A no-rise
certification, prepared in accordance with Federal Emergency Management Agency
guidelines, allows for development on a site within the floodway, and therefore would
make these parcels eligible for SB 9 projects. No very high fire severity zones or
hazardous waste sites located within City limits.
A property can only be subdivided pursuant to SB 9 once. SB 9 also precludes the same
applicant, or someone working in concert with the applicant, from subdividing adjacent
properties. SB 9 does not override covenants, conditions, and restrictions (CC&Rs) or
other private governing documents for homeowner’s associations (HOA) or common-
interest developments, meaning these developments may impose further restrictions on
subdivision of parcels and two-unit developments. The City would process an SB 9
application, but because the City is not a party to private governing documents,
enforcement of such documents is left to the HOA.
Urban Lot Splits
Lot splits proposed under the provisions of SB 9 are referred to as Urban Lot Splits (ULS).
A parcel map for an ULS shall be approved ministerially, without discretionary review.
Parcels developed with affordable housing, or residential units that have been occupied
by a tenant within three (3) years of the ULS application may not be split if the application
proposes to alter or demolish the residential units.
Under the subdivision provisions of SB 9, the City must also allow a single-family zoned
property to be subdivided into two roughly proportional lots. To ensure rough
proportionality, SB 9 specifies that one lot cannot be less than 40 percent the size of the
other. The bill also establishes a minimum lot size of 1,200 square feet for lots created
through an urban lot split. Provisions of SB 9 include the following allowances and
restrictions on subdivisions:
Cannot require dedication of right-of-way or construction of off-site improvements
(such as installation of a sidewalk where there is none);
May require that parcels have access to a public right -of-way;
May require easements for the provision of public services and facilities; and
Must require the applicant to sign an affidavit stating that the applicant intends to
live on one of the properties as their primary residence for at least three years after
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Item 11.b.
City Council
Study Session for City Council to Provide Direction on a New Ordinance to
Implement Senate Bill 9
March 22, 2022
Page 4
the date of the subdivision. This requirement does not apply to an urban land trust
or qualified non-profit.
Units built on lots created through an ULS are reserved for residential uses, may not be
permitted for short term rentals, and requires owner occupancy for at least three years
from the date of the approval of the ULS. The owner affidavit will be required to include a
clause prohibiting short term rentals in these units. Jurisdictions may not require
correction of non-conforming zoning conditions, dedication of rights-of-way, or
construction of public improvements as a condition of approving an ULS.
Two-unit Development
A housing development consisting of two residential units within a single-family residential
zone shall also be considered ministerially, without discretionary review or hearing if the
developed pursuant to the provisions in SB 9. A two-unit development may include the
construction of two new units, or the addition of a new unit to a property already developed
with a single-family dwelling. A two-unit development would be subject to the following
requirements, among others:
The proposed housing development would not require demolition or alteration of
housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income;
The proposed housing development would not require demolition or alteration of
housing that has been occupied by a tenant in the last three years;
The proposed housing development does not allow for the demolition of more than
25% of the existing exterior structural walls of an existing residential unit on the
property unless the site has not been occupied by a tenant in the last three years;
and
The development is not located within a historic district, is not included on the State
Historic Resources Inventory, or is not within a site that is legally designated or
listed as a city or county landmark or historic property or district.
When an application for a two-unit development is submitted that proposes the demolition
of an existing unit, staff will confirm the subject parcel complies with the State mandated
requirements listed above. Staff maintains a database of deed-restricted affordable
housing units that will be referenced to verify an affordable unit is not proposed for
demolition. Furthermore, staff can obtain water billing information to verify whether a unit
has been rented in the previous three years.
The City may apply objective development standards, but those standards cannot
preclude construction of at least two units of 800 square feet in size each. Objective
standards are standards that involve no exercise in judgment to apply, such as numeric
setback requirements.
Page 97 of 114Page 201 of 386
Item 11.b.
City Council
Study Session for City Council to Provide Direction on a New Ordinance to
Implement Senate Bill 9
March 22, 2022
Page 5
SB 9 includes the following mandatory development standards:
Cannot require more than four-foot side and rear setbacks for SB 9 developments;
Cannot require more than one parking space per unit. Cannot require any parking
for projects within a half-mile walking distance of high-quality transit or major transit
stops, as defined by state law, or if there is a car share vehicle located within on e
block;
Must allow construction of attached units; however, attached units must be
designed to meet all requirements for selling each unit individually;
No setback can be required for existing structures, and
The City shall not require the correction of non-conforming zoning conditions on a
property as a condition of approval of a project or deny a project due to existing
non-conformities.
A high-quality transit stop is defined as a stop on a fixed route bus service with service
intervals no longer than 15 minutes during peak commute hours. The bus routes serving
Arroyo Grande all have service intervals exceeding 15 minutes, therefore th e parking
exemption described above is not applicable to future SB 9 projects in the City unless bus
service changes to meet the state definitions. Beyond the mandatory development
standards, the City may incorporate standards for floor-area ratios, height, lot coverage,
and building separation, among others. Just as with units that are constructed on parcels
created through a ULS, two-unit developments may not be rented for terms of less than
30 days and so cannot be used as vacation rentals.
Accessory Dwelling Units
ADUs are allowed with SB 9 projects; however, SB 9 states that an agency shall not be
required to permit more than two units on a parcel created by an ULS . In addition, SB 9
states that the City is not required to permit an ADU on parcels that propose both a two -
unit residential development and an ULS. Staff recommends that ADUs not be allowed
on parcels created through an ULS. Staff also recommends restricting ADUs and JADUs
to two-unit developments as allowed under SB 9. As a result of this recommendation, for
each primary unit allowed, an ADU or JADU would be allowed, but no ADUs would be
allowed on new parcels created through a ULS. Objective design standards may apply
to ADUs as well as two-unit developments.
Actions to Implement SB 9
Adoption of an ordinance is recommended because it allows the City to implement
objective design standards that would maintain the character of single -family
neighborhoods despite the added density. As previously mentioned, objective
development standards can address a numerous aspects of a development. These
standards can regulate specific standards such as height and lot coverage, aesthetics
through architectural design, and function, such as street access. Staff has developed the
following conceptual standards as a starting point for this discussion:
Page 98 of 114Page 202 of 386
Item 11.b.
City Council
Study Session for City Council to Provide Direction on a New Ordinance to
Implement Senate Bill 9
March 22, 2022
Page 6
Massing and Articulation
o Maximum unit size of 1,200 square feet
o Building Separation: detached dwelling units shall have a minimum of 10
feet of separation whether the units are on one lot or adjacent lots.
o Height: 16-foot maximum
Colors and Materials
o The primary cladding shall be stone, brick, fiber cement, composite wood
or stone, or other cementitious material. Plywood, such as T1 -11 siding, is
prohibited.
o Color schemes shall consist of one primary color and one secondary color,
at a minimum. The roof color shall not be considered a color for purposes
of this standard.
Parking and Circulation
o Parking shall not be located between a structure and a public sidewalk
o All parking areas shall be internally connected and shall use shared
driveways
Utility and Service Areas
o All new dwelling units must connect to City utilities.
o Areas for the storage of trash, recycling, and green waste receptacles shall
not be visible from the public right of way.
o All mechanical equipment shall be either screened or hidden from view from
the public street.
Beyond adopting an ordinance, other issues must be addressed to successfully
implement the provisions of SB 9. Those issues include development of a new application
and review process for SB 9 projects, establishing a fee for the review of th ese projects,
development of the objective design standards, and monitoring and enforcement of the
owner-occupancy requirement.
Prior to January 1, 2022, a property owner pursuing a lot split would submit an application
for a Tentative Parcel Map at a fee of $9,537. An application for a parcel map may create
of up to four lots, and the fee accounts for staff time to process the permit, including public
hearings at Planning Commission and City Council. Due to the mandatory ministerial
approval of an ULS, staff anticipates the amount of work to process a ULS will be similar
to the amount of staff time required to process an application for a Lot Line Adjustment
(LLA). Staff work associated with a lot line adjustment is limited to confirming the proposal
is consistent with the Subdivision Map Act, confirming the lot size requirements of the
underlying zoning district, and making the findings of Arroyo Grande Municipal Code
Section 16.20.140. The amount of staff time required to process a LLA is considerably
less than what is required for a parcel map and that is reflected in a lesser fee of $3,326.
Currently, the Community Development Department does not have an application
Page 99 of 114Page 203 of 386
Item 11.b.
City Council
Study Session for City Council to Provide Direction on a New Ordinance to
Implement Senate Bill 9
March 22, 2022
Page 7
specifically for ULS or two-unit development projects. A SB 9 specific application, and
associated fee, will need to be created for these projects.
SB 9 does not allow the City to require dedication of rights-of-way or the construction of
off-site improvements as a condition of approval for an ULS. The City may impose Arroyo
Grande Municipal Code Chapter 16.68 requiring the undergrounding of utilities at the time
of building permit issuance. Development impact fees, such as those for fire protection,
police facilities, park improvements, and traffic signalization, and connection fees for
water and wastewater may be collected with building permit fees for new residential units
proposed with the provisions of SB 9.
Next Steps
Feedback obtained during the study session will be used to refine the draft ordinance.
Staff recommends that the Architectural Review Committee review the proposed
objective design standards applicable to SB 9 projects. The ARC recommended objective
design standards would be included in the draft ordinance to be reviewed by the Planning
Commission. A recommendation for adoption from the Planning Commission will allow
the ordinance to return to Council for introduction and adoption.
Environmental Review
Both two-unit projects and subdivisions authorized under SB 9 must be processed
ministerially, meaning no public hearing and no review under the California Environmental
Quality Act (CEQA). The adoption of an ordinance addressing SB 9 is likewise not subject
to CEQA.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Discuss the draft ordinance, received public comment, and provide direction to
staff
2. Provide other direction to staff.
ADVANTAGES:
A study session providing direction to staff will result in an efficient development of the
ordinance to implement SB 9.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
The State law includes a provision that explicitly states that an ordinance to implement
SB 9 (California Government Code Section 65852.21) shall not be considered a project
under CEQA and, therefore, is not subject to environmental review.
Page 100 of 114Page 204 of 386
Item 11.b.
City Council
Study Session for City Council to Provide Direction on a New Ordinance to
Implement Senate Bill 9
March 22, 2022
Page 8
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Draft Ordinance Implementing SB 9
Page 101 of 114Page 205 of 386
Sample Draft Ordinance – For Discussion Purposes
Section 16.32.060 Two-Unit Residential Development
A.Purpose and Intent.
1.It is the intent of these regulations to provide opportunities for two units on one legal
parcel, consistent with state law and local regulations. In the event of an inconsistency
between this Section and Government Code Section 65852.21, Government Code
Section 65852.21 shall prevail. Provided that Government Code Sections 65852.21 or
66411.7 are not repealed, qualifying two-unit residential development in the Single
Family zoning district shall be located, developed, and used in compliance with this
Section.
2.In accordance with Government Code Section 65852.21(a)(2), two-unit residential
development shall not be permitted under this Section in any of the following
circumstances:
a.Parcels located in:
i.Wetlands;
ii.Either prime farmland or farmland of statewide importance, as defined pursuant
to United States Department of Agriculture land inventory and monitoring criteria,
as modified for California, and designated on the maps prepared by the
Farmland Mapping and Monitoring Program of the Department of Conservation;
iii.Very high fire severity zones, except if the site has adopted fire hazard mitigation
measures pursuant to existing building standards or state fire mitigation
measures applicable to the development;
iv.A hazardous waste site, unless the site has been cleared by the State for
residential use;
v.Delineated earthquake fault zones, unless the development complies with
applicable seismic protection building code standards;
vi.Special flood hazard areas (100-year flood zones), unless the site has been
subject to a FEMA Letter of Map Revision issued to the City or the site meets
FEMA requirement necessary to meet minimum flood plain management criteria
of the National Flood Insurance Program;
vii.A regulatory flood way identified in a FEMA map, unless the development has
received a no-rise certification;
viii.Lands identified for conservation in an adopted natural resource protection plan,
habitat for protected species, or under a conservation easement; and
ix.A historic district or property designated pursuant to a local ordinance or included
on the State Historic Resources Inventory.
ATTACHMENT 1
Page 102 of 114Page 206 of 386
b. The proposed development would require demolition or alteration of any of the
following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to moderate, low, or very low incomes;
ii. A unit that has been occupied by a tenant within the past three years; and
iii. A rent controlled unit.
c. The proposed development would result in the demolition of more than 25 percent of
the existing exterior structural walls, unless the site has not been occupied by a
tenant in the last three years.
d. The building official finds that the proposed development would have a specific,
adverse impact on public health and safety or the physical environment that cannot
be feasibly mitigated or avoided, as defined and determined in paragraph (2) of
subdivision (d) of Government Code Section 65589.5.
B. Restrictions.
A qualifying two-unit residential project shall be subject to the following restrictions:
1. The development and use of the dwelling units shall only be valid and permitted based
on the terms established in the Section.
2. The dwelling unit(s) shall not be rented for a period of less than thirty-one (31)
consecutive days, nor shall rental terms allow termination of the tenancy prior to the
expiration of at least one thirty-one (31) day period of occupancy by the same tenants.
Item #1 – SB 9 mandates that the ordinance allow at least two units on all eligible parcels.
Some discretion is permitted as to how those two units can be achieved. At a minimum, the ordinance
must allow either a duplex, or one new unit constructed in addition to an existing unit.
C. Unit Configurations
The new unit in a two-residential unit development may be permitted in the following
configurations, provided that no more than two attached residential units are in any one
building on a lot. For the purpose of this section, “unit” means any dwelling unit, including,
but not limited to, two-unit residential development, additional residential unit, primary
residential unit, accessory dwelling unit, or junior accessory dwelling unit.
1. One new unit incorporated entirely within an existing residential unit.
2. One new unit incorporated entirely within an existing accessory building, including
garages.
3. One new unit attached to and increasing the size of an existing residential unit or an
existing accessory building.
Page 103 of 114Page 207 of 386
4. One new unit detached from and located on the same lot as an existing unit. A unit that
is attached to another detached accessory building, but not another residential unit, or is
attached by a breezeway or porch, is considered detached.
5. Two newly constructed attached units (duplex) or two detached residential units on a
vacant lot.
6. A two-unit residential development in any of the configurations described above may be
added to a newly created lot concurrently with an approval for a parcel map for an urban
lot split, pursuant to AGMC Section 16.20.180, Parcel Maps for Urban Lot Splits;
however, the provisions of that Chapter shall not be used to permit more than two units
on a lot.
7. Up to two accessory dwelling units pursuant to AGMC Section 16.52.150, Accessory
Dwelling Units, may be proposed in addition to the two units constructed pursuant to this
Section on a lot that is not the result of an urban lot split.
D. Parking.
1. Pursuant to Government Code Section 65852.21(c), one off-street parking space is
required per dwelling unit, unless the parcel is located within one-half mile of a high-
quality transit corridor as defined in subdivision (b) of Section 21155 of the Public
Resources Code or a major transit stop as defined in Section 21064.3 of the Public
Resources Code or there is a car share vehicle located within one block of the parcel.
2. The location of the required parking space(s) shall not obstruct the required parking of
each Dwelling Unit.
3. The parking facilities shall comply with Section 16.56.070.
4. Required parking spaces for separate dwelling units shall not be provided in a tandem
configuration.
5. The required parking spaces must be covered.
E. Rear and Side Setbacks.
1. No setback shall be applied to existing structures or structures constructed in the same
location and to the same dimensions as an existing structure.
2. For projects not meeting the requirements of subsection 1 above, a minimum four-foot
setback shall be provided from side and rear lot lines.
Item #2 – A city may impose objective design standards.
Design Standards must allow at least two units of 800 square feet each. Objective design standards can
regulate development aspects such as height, lot coverage, floor-area ratio, etc.
F. Objective Zoning and Design Standards for Two-Unit Residential Developments.
Government Code Section 65852.21 permits the imposition of objective zoning standards and
objective design standards, provided the standards do not physically preclude the construction
Page 104 of 114Page 208 of 386
of up to two units of at least 800 square feet. Accordingly, the follow objective standards shall
apply to two-unit residential development projects
Page 105 of 114Page 209 of 386
1. Massing and Articulation
a. Maximum size of a unit is 1,200 square feet.
b. Building Separation: detached dwelling units shall have a minimum of 10 feet of
separation whether the units are on one lot or adjacent lots.
c. Height: Units are subject to a 16-foot height limit
2. Colors and Materials
a. The primary cladding shall be stone, brick, fiber cement, composite wood or stone,
or other cementitious material. Plywood, such as T1-11 siding, is prohibited.
b. Color schemes shall consist of one primary color and one secondary color, at a
minimum. The roof color shall not be considered a color for purposes of this
standard
3. Parking and Circulation
a. Parking shall not be located between a structure and a public sidewalk
b. All parking areas shall be internally connected and shall use shared driveways
4. Utility and Service Areas
a. All new dwelling units must connect to City utilities.
b. Areas for the storage of trash, recycling, and green waste receptacles shall not be
visible from the public right of way.
c. All mechanical equipment shall be either screened or hidden from view from the
public street
Ministerial Approval of Two-Unit Residential Development Projects.
1. The Community Development Director or his/her designee shall ministerially review and
approve a two-unit residential development application and shall not require a public
hearing, provided that the submitted application is complete and demonstrates that the
two-unit residential development project complies with the requirements contained in this
Title 16 and qualifies under Government Code Section 65852.21(a).
2. In addition to obtaining planning approval for the two-unit residential development
project, the applicant shall be required to obtain a building permit, and other applicable
construction permit requirements prior to the construction of the dwelling units.
Page 106 of 114Page 210 of 386
Sample Draft Ordinance – For Discussion Purposes
Section 16.20.180 Parcel Maps for Urban Lot Spits
A. Purpose and Scope
1. This Section implements Government Code section 66411.7 to provide an owner of
property in the Single Family zoning district an additional method to subdivide the parcel
for the purpose of housing development.
Item #1 – SB 9 applies to parcels zoned for “single-family residential.”
Determination about whether the proposed ordinances for two-unit developments should apply to all
single family zones, or specifically the Single Family zoning district.
2. Urban lot split means the subdivision of an existing legal parcel in the Single Family
zoning district to create no more than two new parcels.
B. Application and Approval
1. A parcel map for an urban lot split may not be approved except in conjunction with a
concurrently submitted application for building permits for two-unit residential
development pursuant to Section 16.32.060. Development on the resulting parcels is
limited to the residential development approved in the concurrently submitted building
permit applications.
2. A parcel map for an urban lot split must be prepared by a registered civil engineer or
licensed land surveyor in accordance with Government Code sections 66444 – 66450
and this Section, and submitted for approval to the City Engineer. A fee in an amount
established by City Council resolution must be paid concurrently with the submission of
the parcel map.
3. The City Engineer is the approval authority for parcel maps under this Section. The City
Engineer shall approve a parcel map for an urban lot split if the Engineer determines that
it meets all of the requirements of this Section.
C. The following supplemental information is required to be submitted with a parcel map to
establish compliance with the construction plans and all provisions of this Code and applicable
State law:
1. A map of appropriate size and to scale showing all of the following:
a. Total area (in acreage and square feet) of each proposed lot.
b. Location and dimensions of existing and proposed property lines;
c. Zoning District;
d. The location and use of all existing and proposed structures;
e. All required zoning setbacks for the existing and proposed lots;
f. The location of all existing water, sewer, electricity, storm drain, or gas service lines,
pipes, systems, or easements;
Page 107 of 114Page 211 of 386
g. The location of all proposed new water, sewer, storm drain, lines, pipes, or systems;
h. The location of any proposed easements for access or public utilities to serve a lot
created by the subdivision;
i. The location of any existing trees larger than four inches in diameter measured four
feet six inches above the base and any such trees proposed for removal;
j. Any area of the parcel that has a slope of 25% or greater by way of contours at 5-
foot intervals;
l. Name and dimensions, including right-of-way and improved area, of public and
private streets or public alleys adjoining the parcel;
m. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;
n. Location of existing or proposed driveway dimensions, materials, and slope
(including cross slope); and
o. Location of existing or proposed pedestrian pathway access to the public right of
way.
2. A statement of the owner, signed under penalty of perjury under the laws of California,
that:
a. The proposed urban lot split would not require or authorize demolition or alteration of
any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low
income.
(ii) Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised
the owner’s rights under Section 12.75 (commencing with Section 7060) of
Division 7 of Title 1 of the Government Code to withdraw accommodations from
rent or lease within 15 years before the date that the development proponent
submits an application.
(iv) Housing that has been occupied by a tenant in the last three years.
b. The parcel has not been established through prior exercise of an urban lot split under
this Section;
c. Neither the owner of the parcel being subdivided nor any person acting in concert
with the owner has previously subdivided an adjacent parcel under the provisions of
this Section.
d. The owner intends to occupy one of the housing units located on a lot created by the
parcel map as their principal residence for a minimum of three years from the date of
the recording of the parcel map.
Page 108 of 114Page 212 of 386
e. Rental terms of any unit created by the subdivision shall not be less than 31
consecutive days, nor shall rental terms allow termination of the tenancy prior to the
expiration of at least one thirty-one (31) day period of occupancy by the same tenant.
f. The uses allowed on a lot created by the parcel map shall be limited to residential
uses.
D. Design and Improvement Requirements
Item #2 – A city may impose objective design standards for lots created by this ordinance.
Design Standards must allow at least two units of 800 square feet each. Objective design standards can
regulate development aspects such as lot access, size, easements, etc.
1. A parcel map may subdivide an existing legal parcel to create no more than two parcels
of approximately equal lot area. One parcel shall not be smaller than 40 percent of the
lot area of the original parcel proposed for subdivision and neither parcel shall be smaller
than 1,200 square feet. The following areas are excluded from the calculation of lot area
for the purposes of this subdivision:
2. Each parcel must be served by a separate water service meter and a separate sewer
connection.
3. Each parcel shall either drain a developed drainage easement or in accordance with the
City’s Standard Specification and Engineering Standards.
4. Rights-of-way as required for access along all natural watercourses as necessary for
flood control, maintenance, and improvement shall be dedicated.
5. The parcel must satisfy the requirements of Government Code section 66411.7(a).
6. A lot line shall not bisect or be located within 4 feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three years
before the date of the parcel map;
b. A structure designated as a historic structure or a candidate structure under any City
ordinance or included on the State Historic Resources Inventory;
c. A dwelling that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low
income.
d. Existing easements if the resulting lot would create a developable area that would
interfere with the use of the easement for its intended purpose.
7. The location and orientation of new lot lines shall meet the following standards:
a. Front lot lines shall conform to the minimum public street frontage requirements of
the Development Code; a flag lot, or a lot with a narrow projecting strip of land
extending along a street, is not permitted.
b. Each parcel shall have approximately equal lot width and lot depth, consistent with
the minimum lot sizes described in subsection D, above. Lot depth shall be
Page 109 of 114Page 213 of 386
measured at the midpoint of the front lot line. Lot width shall be measured by a line
connecting two points on opposite interior lot lines that will result in a line parallel to
the front lot line.
c. New lot lines must be straight lines, unless there is a conflict with existing
improvements or the natural environment in which case the line may be not be
straight but shall follow the appropriate course.
d. Lot lines facing a street shall generally be parallel to the street. Unless the minimum
public street frontage is provided, the lot line dividing the two parcels must be parallel
to and not less than 50 feet from an existing front lot line, or outside the front half of
the existing lot, whichever is greater.
e. Interior lot lines not facing the street shall be at right angles perpendicular to the
street on straight streets, or radial to the street on curved streets.
f. Lot lines shall be located within appropriate physical locations such as the top of
creek banks, at appropriate topographical changes (top or bottom of slopes etc.) or
at locations which clearly separate existing and proposed land uses.
g. Lot lines shall be contiguous with existing zoning boundaries.
h. The placement of lot lines shall not result in an accessory building or accessory use
on a lot without a main building or primary use on the same lot, as defined in the
Development Code.
i. Lot lines shall not render an existing structure as nonconforming in any respect (e.g.,
setbacks, Floor Area Ratio, parking), nor increase the nonconformity of an existing
nonconforming structure.
E. Access Standards
1. Each lot shall front upon or have access to a public street, or be served by an access
easement serving no more than two lots. Access shall be provided in compliance with
these standards:
a. Vehicle access easements serving a maximum of two units shall meet the following
standards:
i. Easement width shall be a minimum of 10 feet and a maximum of 16 feet, unless
a wider driveway is required by the California Fire Code due to distance of the
structure from the easement, or as needed to meet the driveway and parking
standards in the City’s standards.
ii. The minimum length for a vehicle access easement is 20 feet. No maximum
easement length shall be set. If easement length is more than 75 feet, a vehicle
turnaround shall be provided.
iii. No residential structure shall be closer than 3 feet to the easement.
b. Vehicle access easements serving three to four units shall meet the following
standards:
i. Easement width shall be a minimum of 20 feet.
Page 110 of 114Page 214 of 386
ii. The minimum length for a vehicle access easement is 20 feet. No maximum
easement length shall be set. If easement length is more than 75 feet, a vehicle
turnaround shall be provided.
iii. No residential structure shall be closer than 5 feet to the easement.
c. Where a lot does not abut a public street, and where no automobile parking spaces
are required or proposed for the residential development, a vehicle access easement
is not required. An easement providing pedestrian access to a street from each lot
shall be provided meeting the following standards:
i. Easement width shall be a minimum of five feet;
ii. Pedestrian access easements shall not exceed 200 feet in length.
2. Vehicle access easements shall not be located closer than 25 feet to an intersection.
3. Access and provisions for fire protection consistent with the California Fire Code shall be
provided for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and
turnaround dimensions shall meet the requirements of the California Fire Code, the
City’s Design Standards, and the parking design standards in the Development Code.
F. Map Requirements
1. The content and form of a parcel map shall meet all the requirements of Government
Code sections 66444 – 66450.
2. The parcel map shall show all easements for public utilities necessary to serve each lot
created by the subdivision.
3. The parcel map shall show all easements necessary to provide each lot with access to
the public or private street or alley abutting the original parcel.
4. The parcel map shall contain a declaration that:
a. Each lot created by the parcel map shall be used solely for residential dwellings;
b. That no more than two residential dwelling units may be permitted on each lot. As
used in this subsection residential dwelling unit includes a unit created pursuant to
Government Code section 65852.21, a primary dwelling unit, an accessory dwelling
unit as defined in Government Code section 65852.2, or a junior accessory dwelling
unit as defined in Government Code section 65852.22.
c. That rental of any dwelling unit on a lot created by the parcel map shall not be less
than 31 consecutive days, nor shall rental terms allow termination of the tenancy
prior to the expiration of at least one 31-day period occupancy by the same tenant.
G. Concurrent Processing With Other Ministerial Permits for Housing Development
1. No development, including grading or vegetation removal, shall commence on either lot,
concurrent or subsequent to an urban lot split, unless it is approved with a valid building
permit for the construction of a housing development and complies with all the objective
development and design standards outlined for two-unit residential development or
Page 111 of 114Page 215 of 386
accessory dwelling units in this Code, or any other adopted objective design standards
in effect at the time a complete application is submitted.
2. A building permit for development on an urban lot split cannot be issued until the parcel
map is recorded.
3. The City Engineer shall deny an urban lot split if the building official has made a written
finding, based upon a preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as defined and determined
in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon
public health and safety or the physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact.
H. Prohibition of Further Subdivision
A lot created by a parcel map under this Section shall not be further subdivided.
Page 112 of 114Page 216 of 386
5
None.
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.
11.b Study Session for City Council to Provide Direction on a New Ordinance to Implement
Senate Bill 9
Page 217 of 386
6
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.
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.
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
12.d COUNCIL MEMBER STORTON:
1. Brisco/Halcyon Interchange Subcommittee
Page 218 of 386
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Acting Planning Manager
SUBJECT: Consideration Of Development Code Amendment 21-002 To
Implement Senate Bill 9; Location – Citywide
DATE: May 3, 2022
SUMMARY OF ACTION:
A recommendation to City Council to adopt an ordinance to implement Senate Bill 9 (SB
9).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution recommending the
City Council adopt amendments to the Municipal Code to implement the provisions of
Senate Bill 9 (Attachment 1).
BACKGROUND:
SB 9 was signed by Governor Newsom on September 16, 2021, and became effective
January 1, 2022 (Attachment 2). This bill is intended to streamline housing development
by requiring a proposed housing development containing no more than two residential
units within a single-family residential zone to be considered ministerially, without
discretionary review or hearing, if the proposed housing development meets certain
requirements. SB 9 also requires a local agency to ministerially approve a parcel map fo r
an urban lot split in a single-family residential zone if it meets certain requirements,
including minimum lot size requirements and certain objective standards. Cities may deny
an SB 9 project or subdivision that otherwise meets the requirements of SB 9 only if the
Building Official determines it will result in a specific, adverse impact on health and safety
and there is no feasible way to mitigate the impact.
A study session at City Council was held on March 22, 2022 to provide a forum for
community comments and discuss implications of SB 9 to aid staff in refining the draft
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ATTACHMENT 4
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ordinance. Council expressed concerns with the effects of the unplanned density
associated with potential SB 9 development. To mitigate the concerns, Council directed
staff to present the draft objective design standards to the Architectural Review
Committee (ARC) for review and recommendation to the Planning Commission.
ANALYSIS OF ISSUES:
SB 9 can be broken into two primary components: 1) provisions that allow subdivisions
of a single-family zoned lot into two lots (“subdivisions”); and 2) provisions that allow
construction of two units on a single-family zoned property (“two-unit projects”). These
provisions can be used in concert, so that an applicant could subdivide an existing parcel
and build two units on each parcel.
Qualifying Properties
Parcels located in any zoning district allowing single family residential uses are eligible
for SB 9 development. This includes the Residential Estate, Residential Hillside,
Residential Rural, Residential Suburban, Village Residential, Single-Family zones, and
the Planned Development districts, which all allow single-family residences as an allowed
use. In the draft ordinance presented to Council at the study session, only parcels in the
Single Family zone would have been eligible for development under the SB 9 ordinance.
This was based on staff’s interpretation and guidance from the City Attorney. Subsequent
to the study session, the California Department of Housing and Community Development
released a SB 9 Fact Sheet with information about the legislation (Attachment 3). Based
on the information in that document, the zoning districts eligible for SB 9 development
has been broadened to include all zones that permit single family residential as an allowed
use.
Regardless of zoning, properties are excluded from using SB 9 for two -unit projects
and/or subdivisions if they are located in any of the following areas:
Prime farmlands or farmlands of statewide importance, or farmlands protected by
a local ordinance
Wetlands, as defined in the United States Fish and Wildlife Service Manual
A hazardous waste site
Lands identified for conservation in an adopted conservation plan or under a
conservation easement
Habitat for protected species
Within a historic district or on a site that is designated as historic
As indicated above, SB 9 does not apply to parcels located “within a historic district or
property included on the State Historic Resources Inventory, as defined in Section 5020.1
of the Public Resources Code.” Under Public Resources Code Section 5020.1, “Historic
district” means “a definable unified geographic entity that possesses a significant
concentration, linkage, or continuity of sites, buildings, structures, or objects united
historically or aesthetically by plan or physical development.” Studies were conducted by
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May 3, 2022
Page 3
the City that confirm the Historic Character Overlay District (D-2.4) possesses a high
concentration of historically relevant sites and structures which supported creation of th e
district. Therefore, parcels in the overlay district would be ineligible for purposes of SB 9.
Prime farmland and farmlands of statewide importance are present within the City, most
of which is found near Fair Oaks Avenue between Woodland Drive and Highway 101 and
in the areas near Branch Mill Road. None of these sites have a single family zoning
designation, so they would be ineligible for SB 9 projects regardless of their status as
prime farmland.
Three other areas are identified as conditionally excluded from SB 9. These areas
include:
Within a very high fire hazard severity zone
Within a delineated earthquake fault zone, unless the project is designed to meet
building code requirements for building within such zone
Within a special flood hazard area or regulatory floodway, unless certain
requirements are met
SB 9 development is allowed in the areas listed above, but only when applicable building
code and measures for hazard mitigation are met. For example, a property in the flood
zone is required to provide a no-rise certification, prepared in accordance with Federal
Emergency Management Agency guidelines, to indicate that the construction of a building
will not increase flood hazards downstream. Certain building techniques and materials
measures are required for SB 9 developments on properties in an earthquake or high fire
zone.
A property can only be subdivided pursuant to SB 9 once. SB 9 also precludes the same
applicant, or someone working in concert with the applicant, from subdividing adjac ent
properties. SB 9 does not override covenants, conditions, and restrictions (CC&Rs) or
other private governing documents for homeowner’s associations (HOA) or common -
interest developments, meaning these developments may impose further restrictions on
subdivision of parcels and two-unit developments. The City would process an SB 9
application, but because the City is not a party to private governing documents,
enforcement of such documents is left to the HOA. The application for SB 9 projects will
include a disclaimer for the applicant to acknowledge notification of their HOA when
applicable.
Urban Lot Splits
Lot splits proposed under the provisions of SB 9 are referred to as Urban Lot Splits (ULS).
The legislation requires that a parcel map for an ULS shall be approved ministerially,
without discretionary review. Parcels developed with affordable housing, or residential
units that have been occupied by a tenant within three (3) years of the ULS application
may not be split if the application proposes to alter or demolish the residential units.
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Under the subdivision provisions of SB 9, the City must also allow a single -family zoned
property to be subdivided into two roughly proportional lots. To ensure rough
proportionality, SB 9 specifies that one lot cannot be less than 40 percent the size of the
other. The bill also establishes a minimum lot size of 1,200 square feet for lots created
through an urban lot split. Provisions of SB 9 include the following allowances and
restrictions on subdivisions:
Cannot require dedication of right-of-way or construction of off-site improvements
(such as installation of a sidewalk where there is none);
May require that parcels have access to a public right -of-way;
May require easements for the provision of public services and facilities; and
Must require the applicant to sign an affidavit stating that the applicant intends to
live on one of the properties as their primary residence for at least three years after
the date of the subdivision. This requirement does not apply to an urban land trust
or qualified non-profit.
Units built on lots created through an ULS are reserved for residential uses, may not be
permitted for short term rentals, and requires owner occupancy for at least three years
from the date of the approval of the ULS. An owner affidavit will be required with the
application for a ULS and in addition to the owner occupancy statement, must include a
clause stating that a unit located on a lot created through an ULS will not be used as a
short term rental.
Two-unit Development
A housing development consisting of two residential units within a single-family residential
zone shall also be considered ministerially, without discretionary review or hearing if
developed pursuant to the provisions in SB 9. A two-unit development may include the
construction of two new units, or the addition of a new unit to a property already developed
with a single-family dwelling. A two-unit development would be subject to the following
requirements, among others:
The proposed housing development would not require demolition or alteration of
housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income;
The proposed housing development would not require demolition or alteration of
housing that has been occupied by a tenant in the last three years;
The proposed housing development does not allow for the demolition of more than
25% of the existing exterior structural walls of an e xisting residential unit on the
property unless the site has not been occupied by a tenant in the last three years;
and
The development is not located within a historic district, is not included on the State
Historic Resources Inventory, or is not within a site that is legally designated or
listed as a city or county landmark or historic property or district.
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When an application for a two-unit development is submitted that proposes the demolition
of an existing unit, staff will confirm the subject parcel complies with the State mandated
requirements listed above. Staff maintains a database of deed -restricted affordable
housing units that will be referenced to verify an affordable unit is not proposed for
demolition. Furthermore, staff can obtain water billing information to verify whether a unit
has been rented in the previous three years.
Objective Design Standards
The City may adopt objective development standards for SB 9 projects, but those
standards cannot preclude construction of at least two units of 800 square feet in size
each. Objective standards are those standards that involve no exercise in judgement to
apply, such as numeric setback requirements. These design standards can regulate
specific standards such as unit size, height limits; aesthetics; and function.
SB 9 already includes the following mandatory development standards:
Cannot require more than four-foot side and rear setbacks for SB 9 developments;
Cannot require more than one parking space per unit. Cannot require any parking
for projects within a half-mile walking distance of high-quality transit or major transit
stops, as defined by state law, or if there is a car share vehicle located within one
block;
Must allow construction of attached units; however, attached units must be
designed to meet all requirements for selling each unit individually;
No setback can be required for existing structures, and
The City shall not require the correction of non-conforming zoning conditions on a
property as a condition of approval of a project or deny a project due to existing
non-conformities.
A high-quality transit stop is defined as a stop on a fixed route bus service with service
intervals no longer than 15 minutes during peak commute hours. Every bus route serving
Arroyo Grande has service intervals exceeding 15 minutes, therefore the parking
exemption described above is not available for SB 9 projects in the City unless bus service
changes to meet the state definitions. Beyond the mandatory development standards, the
City may incorporate standards for floor-area ratios, height, lot coverage, and building
separation, among others. Just as with units that are constructed on parcels created
through a ULS, two-unit developments may not be short term rentals.
On April 18, 2022, the ARC reviewed the proposed objective design standards
(Attachment 4). As a result of that meeting, standards for maximum unit size, height,
rooftop decks, color, and materials were revised. T he standards in the following bulleted
lists below are included in the draft ordinance:
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Massing and Articulation
o Maximum Unit Size: The total gross floor area of the unit(s), excluding
garages, shall not exceed the floor-area ratios maximums found in Section
16.32.050.
o Building Separation: detached dwelling units shall have a minimum of 10
feet of separation whether the units are on one lot or adjacent lots.
o Height: 16-foot maximum for portions of structures located within the
setback of the underlying zoning district. The remainder of the structure
located outside of the setbacks of the underlying zoning district shall
conform to the height requirements of that district.
o Rooftop Decks shall be permitted in accordance with Section 16.48.180.
The ARC found the maximum unit size to be too restrictive for the larger single family lots,
and was also concerned that the previously proposed maximum unit size of 1,200 square
feet would discourage SB 9 development. Using the floor-area ratios already established
in the Municipal Code was determined to be a solution that is both equ itable and maintains
neighborhood character. The floor-area ratios found in AGMC 16.32.050 are summarized
in Table 1.
Table 1: Floor-Area Ratio Maximums
Lot Size Floor Area Ratio Maximum
0-4,000 sq. ft. 0.35
4,001-7,199 sq. ft. 0.40
7,200-11,999 sq. ft. 0.50
12,000-39,999 sq. ft. 0.45
Greater than 40,000 sq. ft.
At the study session, Council was undecided about whether the 16 -foot height limit would
be overly restrictive. To provide some flexibility, staff revised the height limitation so that
the 16-foot height limit would only apply to the portion of structures built within the
setbacks of the underlying zone. Portions of the structure that comply with the setbacks
of the underlying district would be subject to the height limit of that district. The building
separation standard is proposed to maximize privacy and outdoor space for inhabitants
of SB 9 units. Initially, staff proposed a prohibition of rooftop decks, but the ARC felt that
rooftop decks provide an opportunity for outdoor living space.
Colors and Materials
o The primary cladding shall be stone, brick, fiber cement, composite wood
or stone, wood, stucco, or other cementitious material. Plywood, such as
T1-11 siding, is prohibited.
o Color schemes shall consist of one primary color and at least one secondary
color, at a minimum. The roof color shall not be considered a color for
purposes of this standard.
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Standards for colors and materials are intended to ensure a minimal amount of aesthetic
quality. The cladding materials are commonly found throughout the city, and prevent the
use of less durable materials that would deteriorate over time and become unsightly.
Multiple colors are required to ensure more visual appeal than a simple, single color.
Parking and Circulation
o Parking areas shall not be located between a structure and a public
sidewalk within the front setback, with the exception of permitted driveways.
When parking areas are located in the front yard, outside of the front
setback, a landscape buffer of at least 10 feet between the sidewalk and
parking area shall be provided.
o All parking areas serving more than one unit shall be internally connected
and shall use shared driveways.
As many as four units can be developed on a single-family lot that was planned to
accommodate just a single unit. One parking space is required per unit under SB 9,
potentially creating the need for as many as four uncovered parking spaces on the original
parcel. Arroyo Grande Municipal Code Section 16.56.030 already prohibits parking in a
front setback, but makes an exception for parking spaces on a lawfully established
driveway. The requirement to provide a landscape buffer is intended to prevent parking
from dominating the most publicly visible area of a property. Shared driveways ar e a way
to minimize the amount of paving on a property for both aesthetic and stormwater
management purposes.
Utility and Service Areas
o All new dwelling units must connect to City utilities in accordance with
AGMC 13.12.060
o Areas for the storage of trash, recycling, and green waste receptacles shall
not be visible from the public right of way.
o All mechanical equipment shall be either screened or hidden from view from
the public street.
Requiring connection to City utilities (water and sewer) ensures that units developed
under SB 9 will remain livable without relying on private water wells or septic systems,
which have a finite lifespan. The standards applicable to service areas are intended to
maintain neighborhood character through aesthetics.
Accessory Dwelling Units
ADUs are allowed with SB 9 projects; however, SB 9 states that an agency shall not be
required to permit more than two units on a parcel created by an ULS. In addition, SB 9
states that the City is not required to permit an ADU on parcels that propose both a two-
unit residential development and an ULS. Staff recommends that ADUs not be allowed
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Page 8
on parcels created through an ULS. Staff also recommends restricting ADUs and JADUs
to two-unit developments as allowed under SB 9. As a result of this recommendation, for
each primary unit allowed, an ADU or JADU would be allowed, but no ADUs would be
allowed on new parcels created through a ULS. Objective design standards may apply
to ADUs as well as two-unit developments.
SB 9 does not allow the City to require dedication of rights-of-way or the construction of
off-site improvements as a condition of approval for an ULS. The City may impose Arroyo
Grande Municipal Code Chapter 16.68 requiring the undergrounding of utilities at the time
of building permit issuance. Development impact fees, such as those for fire protection,
police facilities, park improvements, and traffic signalization, and connection fees for
water and wastewater may be collected with building permit fees for new residential units
proposed with the provisions of SB 9.
Next Steps
A recommendation for adoption to the Planning Commission will allow the ordinance to
return to Council for introduction and adoption.
ALTERNATIVES:
The following alternatives are provided for the Planning Commission’s consideration:
1. Adopt the Resolution, as prepared, recommending that the City Council adopt the
ordinance to implement SB 9; or
2. Adopt the Resolution, as revised by the Planning Commission, recommending that
the City Council adopt the ordinance to implement SB 9; or
3. Provide other direction to staff.
ADVANTAGES:
A recommendation to City Council to adopt an ordinance to implement SB 9 will allow the
City to regulate development pursuant to the State legislation. The objective design
standards contained in the draft ordinance will ensure orderly development of SB 9
projects that are consistent with the character of existing single-family neighborhoods.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), the Community
Development Department has determined that the adoption of an ordinance to implement
Senate Bill 9 creates a ministerial review process and therefore is exempt from the
requirements of CEQA pursuant to Division 13 (commencing with Section 21000) of the
Public Resources Code.
PUBLIC NOTIFICATION AND COMMENTS:
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Page 9
A notice of public hearing was published in the Tribune and posted at City Hall and on
the City’s website on April 22, 2022. The meeting Agenda was posted at City Hall and on
the City’s website in accordance with Government Code Section 54954.2.
Attachments:
1. Resolution
2. Senate Bill 9
3. HCD SB 9 Fact Sheet
4. Draft Minutes from the April 18, 2022 Regular Meeting
5. Draft Ordinance – Urban Lot Splits
6. Draft Ordinance – Two-Unit Residential Development
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ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING THE
CITY COUNCIL ADOPT AN ORDINANCE APPROVING
DEVELOPMENT CODE AMENDMENT NO. 21-002 TO
IMPLEMENT SENATE BILL 9; LOCATION- CITYWIDE
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill (SB) 9
that, among other things, added Government Code Sections 65852.21 and 66411.7
and amended Government Code Section 66452.6 allowing additional housing units on
properties within residential zoning districts; and
WHEREAS, SB 9 went into effect on January 1, 2022; and
WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides
ministerial approval of 1) no more than two housing units on a lot within a single-family
residential zoning district; and 2) urban lot splits; and
WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and
subdivision standards for up to two housing units and urban lot splits; and
WHEREAS, the proposed amendments to the Arroyo Grande Municipal Code (AGMC)
implement the requirements of SB 9 and add local regulations that within the scope of
the State law; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on May 3, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the case as presented; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council adopt Ordinances approving
Development Code Amendment 21-002 amending Title 16 of the Arroyo Grande
Municipal Code as attached hereto as Exhibit “A” and incorporated herein by this
reference.
On motion by Commissioner ________, seconded by Commissioner _______, and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
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RESOLUTION NO.
PAGE 2
the foregoing Resolution was adopted this 3rd day of May, 2022.
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RESOLUTION NO.
PAGE 3
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
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RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill (SB) 9
that, among other things, added Government Code Sections 65852.21 and 66411.7
and amended Government Code Section 66452.6 allowing additional housing units on
properties within residential zoning districts; and
WHEREAS, SB 9 went into effect on January 1, 2022; and
WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides
ministerial approval of 1) no more than two housing units on a lot within a single-family
residential zoning district; and 2) urban lot splits; and
WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and
subdivision standards for up to two housing units and urban lot splits; and
WHEREAS, the proposed amendments to the Arroyo Grande Municipal Code (AGMC)
implement the requirements of SB 9 and add local regulations that within the scope of
the State law; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC; and
WHEREAS , the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on May 3, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the case as presented; and
WHEREAS, on May 3, 2022, the Planning Commission of the Arroyo Grande
recommended to the City Council adding Sections 16.20.180 and 16.32.060 to the
Arroyo Grande Municipal Code; and
WHEREAS, the City Council of the City of Arroyo Grande has, after giving notice
thereof as required by law, held a public hearing on __________, 2022, concerning the
addition of AGMC Sections 16.20.180 and 16.32.060; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled
public meeting on __________, 2022 introduced this Ordinance to add Section
16.20.180 to Title 16, Chapter 20 and 16.32.060 to Title 16, Chapter 32 of the Arroyo
Grande Municipal Code; and
WHEREAS, the City Council has carefully considered all pertinent testimony and the
staff report, its attachments and all supporting materials referenced therein or offered in
the matter as presented at the public hearing.
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RESOLUTION NO.
PAGE 5
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. Section 16.20.180 is hereby added to Title 16, Chapter 20 of the Arroyo
Grande Municipal Code to read as follows:
Section 16.20.180 Parcel Maps for Urban Lot Spits
A. Purpose and Scope
1. This Section implements Government Code section 66411.7 to provide an owner
of property in the Single Family zoning district an additional method to subdivide
the parcel for the purpose of housing development.
2. Urban lot split means the subdivision of an existing legal parcel in the Single
Family zoning district to create no more than two new parcels.
B. Application and Approval
1. A parcel map for an urban lot split may not be approved except in conjunction
with a concurrently submitted application for building permits for two-unit
residential development pursuant to Section 16.32.060. Development on the
resulting parcels is limited to the residential development approved in the
concurrently submitted building permit applications.
2. A parcel map for an urban lot split must be prepared by a registered civil
engineer or licensed land surveyor in accordance with Government Code
sections 66444 – 66450 and this Section, and submitted for approval to the City
Engineer. A fee in an amount established by City Council resolution must be paid
concurrently with the submission of the parcel map.
3. The City Engineer is the approval authority for parcel maps under this Section.
The City Engineer shall approve a parcel map for an urban lot split if the
Engineer determines that it meets all of the requirements of this Section.
C. The following supplemental information is required to be submitted with a parcel map
to establish compliance with the construction plans and all provisions of this Code and
applicable State law:
1. A map of appropriate size and to scale showing all of the following:
a. Total area (in acreage and square feet) of each proposed lot.
b. Location and dimensions of existing and proposed property lines;
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RESOLUTION NO.
PAGE 6
c. Zoning District;
d. The location and use of all existing and proposed structures;
e. All required zoning setbacks for the existing and proposed lots;
f. The location of all existing water, sewer, electricity, storm drain, or gas
service lines, pipes, systems, or easements;
g. The location of all proposed new water, sewer, storm drain, lines, pipes,
or systems;
h. The location of any proposed easements for access or public utilities to
serve a lot created by the subdivision;
i. The location of any existing trees larger than four inches in diameter
measured four feet six inches above the base and any such trees proposed
for removal;
j. Any area of the parcel that has a slope of 25% or greater by way of
contours at 5-foot intervals;
l. Name and dimensions, including right-of-way and improved area, of public
and private streets or public alleys adjoining the parcel;
m. Curb, gutter, sidewalk, parkway, and street trees: type, location, and
dimensions;
n. Location of existing or proposed driveway dimensions, materials, and
slope (including cross slope); and
o. Location of existing or proposed pedestrian pathway access to the public
right of way.
2. A statement of the owner, signed under penalty of perjury under the laws of
California, that:
a. The proposed urban lot split would not require or authorize demolition or
alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has
exercised the owner’s rights under Section 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code to withdraw
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RESOLUTION NO.
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accommodations from rent or lease within 15 years before the date that
the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years.
b. The parcel has not been established through prior exercise of an urban lot
split under this Section;
c. Neither the owner of the parcel being subdivided nor any person acting in
concert with the owner has previously subdivided an adjacent parcel under
the provisions of this Section.
d. The owner intends to occupy one of the housing units located on a lot
created by the parcel map as their principal residence for a minimum of three
years from the date of the recording of the parcel map.
e. Rental terms of any unit created by the subdivision shall not be less than
31 consecutive days, nor shall rental terms allow termination of the tenancy
prior to the expiration of at least one thirty-one (31) day period of occupancy
by the same tenant.
f. The uses allowed on a lot created by the parcel map shall be limited to
residential uses.
D. Design and Improvement Requirements
1. A parcel map may subdivide an existing legal parcel to create no more than two
parcels of approximately equal lot area. One parcel shall not be smaller than 40
percent of the lot area of the original parcel proposed for subdivision and neither
parcel shall be smaller than 1,200 square feet.:
2. Each parcel must be served by a separate water service meter and a separate
sewer connection.
3. Each parcel shall either drain a developed drainage easement or in accordance
with the City’s Standard Specification and Engineering Standards.
4. Rights-of-way as required for access along all natural watercourses as
necessary for flood control, maintenance, and improvement shall be dedicated.
5. The parcel must satisfy the requirements of Government Code section
66411.7(a).
6. A lot line shall not bisect or be located within 4 feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three
years before the date of the parcel map;
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b. A structure designated as a historic structure or a candidate structure
under any City ordinance or included on the State Historic Resources
Inventory;
c. A dwelling that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income.
d. Existing easements if the resulting lot would create a developable area
that would interfere with the use of the easement for its intended purpose.
7. The location and orientation of new lot lines shall meet the following standards:
a. Front lot lines shall conform to the minimum public street frontage
requirements of the Development Code; a flag lot, or a lot with a narrow
projecting strip of land extending along a street, is not permitted.
b. Each parcel shall have approximately equal lot width and lot depth,
consistent with the minimum lot sizes described in subsection D, above. Lot
depth shall be measured at the midpoint of the front lot line. Lot width shall be
measured by a line connecting two points on opposite interior lot lines that
will result in a line parallel to the front lot line.
c. New lot lines must be straight lines, unless there is a conflict with existing
improvements or the natural environment in which case the line may be not
be straight but shall follow the appropriate course.
d. Lot lines facing a street shall generally be parallel to the street. Unless the
minimum public street frontage is provided, the lot line dividing the two
parcels must be parallel to and not less than 50 feet from an existing front lot
line, or outside the front half of the existing lot, whichever is greater.
e. Interior lot lines not facing the street shall be at right angles perpendicular
to the street on straight streets, or radial to the street on curved streets.
f. Lot lines shall be located within appropriate physical locations such as the
top of creek banks, at appropriate topographical changes (top or bottom of
slopes etc.) or at locations which clearly separate existing and proposed land
uses.
g. Lot lines shall be contiguous with existing zoning boundaries.
h. The placement of lot lines shall not result in an accessory building or
accessory use on a lot without a main building or primary use on the same
lot, as defined in the Development Code.
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i. Lot lines shall not render an existing structure as nonconforming in any
respect (e.g., setbacks, Floor Area Ratio, parking), nor increase the
nonconformity of an existing nonconforming structure.
E. Access Standards
1. Each lot shall front upon or have access to a public street, or be served by an
access easement serving no more than two lots. Access shall be provided in
compliance with these standards:
a. Vehicle access easements serving a maximum of two units shall meet the
following standards:
i. Easement width shall be a minimum of 10 feet and a maximum of 16 feet,
unless a wider driveway is required by the California Fire Code due to
distance of the structure from the easement, or as needed to meet the
driveway and parking standards in the City’s standards.
ii. The minimum length for a vehicle access easement is 20 feet. No
maximum easement length shall be set. If easement length is more than
75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 3 feet to the easement.
b. Vehicle access easements serving three to four units shall meet the
following standards:
i. Easement width shall be a minimum of 20 feet.
ii. The minimum length for a vehicle access easement is 20 feet. No
maximum easement length shall be set. If easement length is more than
75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 5 feet to the easement.
c. Where a lot does not abut a public street, and where no automobile
parking spaces are required or proposed for the residential development, a
vehicle access easement is not required. An easement providing pedestrian
access to a street from each lot shall be provided meeting the following
standards:
i. Easement width shall be a minimum of five feet;
ii. Pedestrian access easements shall not exceed 200 feet in length.
2. Vehicle access easements shall not be located closer than 25 feet to an
intersection.
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3. Access and provisions for fire protection consistent with the California Fire Code
shall be provided for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and
turnaround dimensions shall meet the requirements of the California Fire Code,
the City’s Design Standards, and the parking design standards in the
Development Code.
5. Lots taking access by an easement must record a shared maintenance
agreement for the driveway. The agreement shall be recorded prior to or
concurrently with the final map.
F. Map Requirements
1. The content and form of a parcel map shall meet all the requirements of
Government Code sections 66444 – 66450.
2. The parcel map shall show all easements for public utilities necessary to serve
each lot created by the subdivision.
3. The parcel map shall show all easements necessary to provide each lot with
access to the public or private street or alley abutting the original parcel.
4. The parcel map shall contain a declaration that:
a. Each lot created by the parcel map shall be used solely for residential
dwellings;
b. That no more than two residential dwelling units may be permitted on
each lot. As used in this subsection residential dwelling unit includes a unit
created pursuant to Government Code section 65852.21, a primary dwelling
unit, an accessory dwelling unit as defined in Government Code section
65852.2, or a junior accessory dwelling unit as defined in Government Code
section 65852.22.
c. That rental of any dwelling unit on a lot created by the parcel map shall
not be less than 31 consecutive days, nor shall rental terms allow termination
of the tenancy prior to the expiration of at least one 31-day period occupancy
by the same tenant.
G. Concurrent Processing With Other Ministerial Permits for Housing Development
1. No development, including grading or vegetation removal, shall commence on
either lot, concurrent or subsequent to an urban lot split, unless it is approved
with a valid building permit for the construction of a housing development and
complies with all the objective development and design standards outlined for
two-unit residential development or accessory dwelling units in this Code, or any
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other adopted objective design standards in effect at the time a complete
application is submitted.
2. A building permit for development on an urban lot split cannot be issued until the
parcel map is recorded.
3. The City Engineer shall deny an urban lot split if the building official has made a
written finding, based upon a preponderance of the evidence, that the proposed
housing development project would have a specific, adverse impact, as defined
and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the
Government Code, upon public health and safety or the physical environment
and for which there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact.
H. Prohibition of Further Subdivision
A lot created by a parcel map under this Section shall not be further subdivided.
SECTION 3. Section 16.32.060 is hereby added to Title 16, Chapter 32 of the Arroyo
Grande Municipal Code to read as follows:
Sample Draft Ordinance – For Discussion Purposes
Section 16.32.060 Two-Unit Residential Development
A. Purpose and Intent.
1. It is the intent of these regulations to provide opportunities for two units on one
legal parcel, consistent with state law and local regulations. In the event of an
inconsistency between this Section and Government Code Section 65852.21,
Government Code Section 65852.21 shall prevail. Provided that Government
Code Sections 65852.21 or 66411.7 are not repealed, qualifying two-unit
residential development in the single family zoning districts shall be located,
developed, and used in compliance with this Section.
2. In accordance with Government Code Section 65852.21(a)(2), two-unit
residential development shall not be permitted under this Section in any of the
following circumstances:
a. Parcels located in:
i. Wetlands;
ii. Either prime farmland or farmland of statewide importance, as defined
pursuant to United States Department of Agriculture land inventory and
monitoring criteria, as modified for California, and designated on the maps
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prepared by the Farmland Mapping and Monitoring Program of the
Department of Conservation;
iii. Very high fire severity zones, except if the site has adopted fire hazard
mitigation measures pursuant to existing building standards or state fire
mitigation measures applicable to the development;
iv. A hazardous waste site, unless the site has been cleared by the State for
residential use;
v. Delineated earthquake fault zones, unless the development complies with
applicable seismic protection building code standards;
vi. Special flood hazard areas (100-year flood zones), unless the site has
been subject to a FEMA Letter of Map Revision issued to the City or the
site meets FEMA requirement necessary to meet minimum flood plain
management criteria of the National Flood Insurance Program;
vii. A regulatory flood way identified in a FEMA map, unless the development
has received a no-rise certification;
viii. Lands identified for conservation in an adopted natural resource
protection plan, habitat for protected species, or under a conservation
easement; and
ix. A historic district or property designated pursuant to a local ordinance or
included on the State Historic Resources Inventory.
b. The proposed development would require demolition or alteration of any
of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to moderate, low, or very low incomes;
ii. A unit that has been occupied by a tenant within the past three years; and
iii. A rent controlled unit.
c. The proposed development would result in the demolition of more than 25
percent of the existing exterior structural walls, unless the site has not been
occupied by a tenant in the last three years.
d. The building official finds that the proposed development would have a specific,
adverse impact on public health and safety or the physical environment that cannot be
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feasibly mitigated or avoided, as defined and determined in paragraph (2) of subdivision
(d) of Government Code Section 65589.5.
B. Restrictions.
A qualifying two-unit residential project shall be subject to the following
restrictions:
1. The development and use of the dwelling units shall only be valid and
permitted based on the terms established in the Section.
2. The dwelling unit(s) shall not be rented for a period of less than thirty-one
(31) consecutive days, nor shall rental terms allow termination of the
tenancy prior to the expiration of at least one thirty-one (31) day period
of occupancy by the same tenants.
C. Unit Configurations
The new unit in a two-residential unit development may be permitted in the
following configurations, provided that no more than two attached residential
units are in any one building on a lot. For the purpose of this section, “unit”
means any dwelling unit, including, but not limited to, two-unit residential
development, additional residential unit, primary residential unit, accessory
dwelling unit, or junior accessory dwelling unit.
1. One new unit incorporated entirely within an existing residential unit.
2. One new unit incorporated entirely within an existing accessory building,
including garages.
3. One new unit attached to and increasing the size of an existing residential
unit or an existing accessory building.
4. One new unit detached from and located on the same lot as an existing
unit. A unit that is attached to another detached accessory building,
but not another residential unit, or is attached by a breezeway or
porch, is considered detached.
5. Two newly constructed attached units (duplex) or two detached residential
units on a vacant lot.
6. A two-unit residential development in any of the configurations described
above may be added to a newly created lot concurrently with an
approval for a parcel map for an urban lot split, pursuant to AGMC
Section 16.20.180, Parcel Maps for Urban Lot Splits; however, the
provisions of that Chapter shall not be used to permit more than two
units on a lot.
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7. Up to two accessory dwelling units pursuant to AGMC Section 16.52.150,
Accessory Dwelling Units, may be proposed in addition to the two units
constructed pursuant to this Section on a lot that is not the result of an
urban lot split.
D. Parking.
1. Pursuant to Government Code Section 65852.21(c), one off-street parking
space is required per dwelling unit, unless the parcel is located within
one-half mile of a high-quality transit corridor as defined in subdivision
(b) of Section 21155 of the Public Resources Code or a major transit
stop as defined in Section 21064.3 of the Public Resources Code or
there is a car share vehicle located within one block of the parcel.
2. The location of the required parking space(s) shall not obstruct the
required parking of each Dwelling Unit.
3. The parking facilities shall comply with Section 16.56.070.
4. Required parking spaces for separate dwelling units shall not be provided
in a tandem configuration.
5. The required parking spaces must be covered.
E. Rear and Side Setbacks.
1. No setback shall be applied to existing structures or structures
constructed in the same location and to the same dimensions as an
existing structure.
2. For projects not meeting the requirements of subsection 1 above, a
minimum four-foot setback shall be provided from side and rear lot
lines.
F. Objective Zoning and Design Standards for Two-Unit Residential Developments.
Government Code Section 65852.21 permits the imposition of objective zoning
standards and objective design standards, provided the standards do not physically
preclude the construction of up to two units of at least 800 square feet. Accordingly, the
follow objective standards shall apply to two-unit residential development projects:
1. Massing and Articulation
a. Maximum Unit Size: The total gross floor area of the unit(s), excluding
garages, shall not exceed the floor-area ratios maximums found in
Section 16.32.050 of this Title.
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b. Building Separation: detached dwelling units shall have a minimum of 10
feet of separation whether the units are on one lot or adjacent lots.
c. Height: The maximum height shall be 16-feet for any structure, or portions
thereof, located within the setback of the underlying zoning district.
Structures, or any portion thereof, located outside of the setbacks of the
underlying zoning district shall conform to the height requirements of that
district.
d. Rooftop decks shall be permitted in accordance with Section 16.48.180 of
this Title.
2. Colors and Materials
a. The primary cladding shall be stone, brick, fiber cement, composite wood
or stone, wood, stucco, or other cementitious material. Plywood, such as
T1-11 siding, is prohibited.
b. Color schemes shall consist of one primary color and at least one
secondary color, at a minimum. The roof color shall not be considered a
color for purposes of this standard.
3. Parking and Circulation
a. Parking shall not be located between a structure and a public sidewalk
within the front setback, with the exception of permitted driveways. When
parking areas are located in the front yard, outside of the front setback, a
landscape buffer of at least 10 feet between the sidewalk and parking
area shall be provided.
b. All parking areas serving more than one unit shall be internally connected
and shall use shared driveways.
4. Utility and Service Areas
a. All new dwelling units must connect to City utilities in accordance with
Section 13.12.060 of Title 13.
b. Areas for the storage of trash, recycling, and green waste receptacles
shall not be visible from the public right of way.
c. All mechanical equipment shall be either screened or hidden from view
from the public street.
Ministerial Approval of Two-Unit Residential Development Projects.
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1. The Community Development Director or his/her designee shall ministerially
review and approve a two-unit residential development application and shall not
require a public hearing, provided that the submitted application is complete and
demonstrates that the two-unit residential development project complies with the
requirements contained in this Title 16 and qualifies under Government Code
Section 65852.21(a).
2. In addition to obtaining planning approval for the two-unit residential
development project, the applicant shall be required to obtain a building permit,
and other applicable construction permit requirements prior to the construction of
the dwelling units.
SECTION 4. The adoption of this Ordinance is not considered a project, therefore is
statutorily exempt from the requirements of California Environmental Quality Act
(CEQA) pursuant to Division 13 (commencing with Section 21000) of the Public
Resources Code. The City Clerk shall file a Notice of Exemption from CEQA review in
accordance with CEQA Guidelines.
SECTION 5. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 6. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2022.
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___________________________________
CARON 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
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4/21/22, 12:17 PM Bill Text - SB-9 Housing development: approvals.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 1/8
SHARE THIS:Date Published: 09/17/2021 09:00 PM
SB-9 Housing development: approvals.(2021-2022)
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government
Code, relating to land use.
[ Approved by Governor September 16, 2021. Filed with Secretary of State
September 16, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a
local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and
conditions.
This bill, among other things, would require a proposed housing development containing no more than 2
residential units within a single-family residential zone to be considered ministerially, without discretionary
review or hearing, if the proposed housing development meets certain requirements, including, but not limited
to, that the proposed housing development would not require demolition or alteration of housing that is subject
to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of
moderate, low, or very low income, that the proposed housing development does not allow for the demolition of
more than 25% of the existing exterior structural walls, except as provided, and that the development is not
located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site
that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential
units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective
subdivision standards, and objective design standards, as defined, unless those standards would have the effect
of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being
at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain
circumstances, and setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions
in the legislative body of a local agency and sets forth procedures governing the local agency’s processing,
approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification
of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24
months after its approval or conditional approval or after any additional period of time as prescribed by local
ordinance, not to exceed an additional 12 months, except as provided.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
ATTACHMENT 2
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https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 2/8
This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot
split that meets certain requirements, including, but not limited to, that the urban lot split would not require the
demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located
within a single-family residential zone, and that the parcel is not located within a historic district, is not included
on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or
county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but
not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards,
and objective design standards, as defined, unless those standards would have the effect of physically precluding
the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2
units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under
certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would
require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their
principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the
applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a
local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to
sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described
above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out
or approve that may have a significant effect on the environment. CEQA does not apply to the approval of
ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of
projects subject to those processes from CEQA.
The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal
development permit process, within the coastal zone, as defined, that shall be based on various coastal
resources planning and management policies set forth in the act.
This bill would exempt a local agency from being required to hold public hearings for coastal development permit
applications for housing developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-
mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather
than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-
family residential zone shall be considered ministerially, without discretionary review or a hearing, if the
proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which
include some portion of either an urbanized area or urban cluster, as designated by the United States Census
Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban
cluster, as designated by the United States Census Bureau.
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(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of
subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not
require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to
persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police
power.
(C) Housing that has been occupied by a tenant in the last three years.
(4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real
property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of
Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development
proponent submits an application.
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing
exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years.
(6) The development is not located within a historic district or property included on the State Historic Resources
Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed
as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose
objective zoning standards, objective subdivision standards, and objective design review standards that do not
conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and
objective design standards that would have the effect of physically precluding the construction of up to two units
or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure
constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may
require a setback of up to four feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any
of the following conditions when considering an application for two residential units as provided for in this
section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking
requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined
in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section
21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel.
(2) For residential units connected to an onsite wastewater treatment system, a percolation test completed
within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
(d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the
building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which
there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
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(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer
than 30 days.
(f ) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory
dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this
section and the authority contained in Section 66411.7.
(g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected
solely because it proposes adjacent or connected structures provided that the structures meet building code
safety standards and are sufficient to allow separate conveyance.
(h) Local agencies shall include units constructed pursuant to this section in the annual housing element report
as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new
units or if it proposes to add one new unit to one existing unit.
(2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review
standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly
verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the
development applicant or proponent and the public official prior to submittal. These standards may be embodied
in alternative objective land use specifications adopted by a local agency, and may include, but are not limited
to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(3) “Local agency” means a city, county, or city and county, whether general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to
implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of
the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application
of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local agency shall not be required to hold public hearings for coastal development permit
applications for a housing development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall
ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency
determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal
lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel
proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square
feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this
subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone.
(B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include
some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or,
for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as
designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of
subdivision (a) of Section 65913.4.
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(D) The proposed urban lot split would not require demolition or alteration of any of the following types of
housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to
persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police
power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under
Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or
lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years.
(E) The parcel is not located within a historic district or property included on the State Historic Resources
Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed
as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has
previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved in accordance with the following
requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially
without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of
the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided
in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of
rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a
parcel map for an urban lot split pursuant to this section.
(c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective
zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel
created by an urban lot split that do not conflict with this section.
(2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective
design review standards that would have the effect of physically precluding the construction of two units on
either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure
constructed in the same location and to the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency
may require a setback of up to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a
written finding, based upon a preponderance of the evidence, that the proposed housing development project
would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of
the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities.
(2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
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(3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking
requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined
in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section
21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel.
(f ) A local agency shall require that the uses allowed on a lot created by this section be limited to residential
uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the
applicant intends to occupy one of the housing units as their principal residence for a minimum of three years
from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of
subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is
a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this
subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer
than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the
creation of an urban lot split, the correction of nonconforming zoning conditions.
(j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local
agency shall not be required to permit more than two units on a parcel created through the exercise of the
authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units
created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section
65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it
proposes adjacent or connected structures provided that the structures meet building code safety standards and
are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this
section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a)
of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards”
mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable
by reference to an external and uniform benchmark or criterion available and knowable by both the development
applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative
objective land use specifications adopted by a local agency, and may include, but are not limited to, housing
overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to
implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of
the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application
of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local agency shall not be required to hold public hearings for coastal development permit
applications for urban lot splits pursuant to this section.
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SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or
conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to
exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six
thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or
improvement of public improvements outside the property boundaries of the tentative map, excluding
improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are
reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1
shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date
of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The
extensions shall not extend the tentative map more than 10 years from its approval or conditional approval.
However, a tentative map on property subject to a development agreement authorized by Article 2.5
(commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for
in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be
filed shall be determined by the advisory agency at the time of the approval or conditional approval of the
tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six
thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to
the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the
State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after
the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways,
freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities,
water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to
subdivision (e), shall not include any period of time during which a development moratorium, imposed after
approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
(2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond
January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that
approved or conditionally approved the tentative map denies, the existence or application of a development
moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left
to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120
days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to
subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional
approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period
is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the
lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local
agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay
the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish
procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal
procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and
no final map or parcel map of all or any portion of the real property included within the tentative map shall be
filed with the legislative body without first processing a new tentative map. Once a timely filing is made,
subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may
lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer
shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved
tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative
body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or
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periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition
to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved
tentative map, upon an application by the subdivider to extend that map, the map shall automatically be
extended for 60 days or until the application for the extension is approved, conditionally approved, or denied,
whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider
may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
(f ) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water
and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the
provision of services to the land, including the public agency with the authority to approve or conditionally
approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map.
A development moratorium shall also be deemed to exist for purposes of this section for any period of time
during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county
either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the
necessary action before expiration of the tentative map.
(2) The condition necessitates acquisition of real property or any interest in real property from a public agency,
other than the city or county that approved or conditionally approved the tentative map, and that other public
agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in
this subdivision shall be construed to require any public agency to convey any interest in real property owned by
it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the
date of approval or conditional approval of the tentative map, if evidence was included in the public record that
the public agency that owns or controls the real property or any interest therein may refuse to convey that
property or interest, or on the date that the public agency that owns or controls the real property or any interest
therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever
is later. A development moratorium specified in this paragraph shall extend the tentative map up to the
maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency
that owns or controls the real property or any interest therein fails or refuses to convey the necessary property
interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be
deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a
written offer or commitment binding on the agency to convey the necessary property interest for a fair market
value, paid in a reasonable time and manner.
SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide
concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and
Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter
cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of service mandated by this act or because costs that may
be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article
XIII B of the California Constitution.
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California Department of Housing and Community Development
SB 9 Fact Sheet
On the Implementation of Senate Bill 9 (Chapter 162, Statutes
of 2021)
Housing Policy Development Division
March 2022
ATTACHMENT 3
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This Fact Sheet is for informational purposes only and is not intended to implement or
interpret SB 9. HCD does not have authority to enforce SB 9, although violations of SB 9
may concurrently violate other housing laws where HCD does have enforcement
authority, including but not limited to the laws addressed in this document. As local
jurisdictions implement SB 9, including adopting local ordinances, it is important to keep
these and other housing laws in mind. The Attorney General may also take independent
action to enforce SB 9. For a full list of statutes over which HCD has enforcement
authority, visit HCD’s Accountability and Enforcement webpage.
Executive Summary of SB 9
Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a
housing development with no more than two primary units in a single-family zone, the
subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates
the creation of up to four housing units in the lot area typically used for one single-family
home. SB 9 contains eligibility criteria addressing environmental site constraints (e.g.,
wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income
households, and the protection of historic structures and districts. Key provisions of the
law require a local agency to modify or eliminate objective development standards on a
project-by-project basis if they would prevent an otherwise eligible lot from being split or
prevent the construction of up to two units at least 800 square feet in size. For the
purposes of this document, the terms “unit,” “housing unit,” “residential unit,” and “housing
development” mean primary unit(s) unless specifically identified as an accessory dwelling
unit (ADU) or junior ADU or otherwise defined.
Single-Family Residential Zones Only
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A))
The parcel that will contain the proposed housing development or that will be subject to
the lot split must be located in a single-family residential zone. Parcels located in multi-
family residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB
9 mandates even if they allow single-family residential uses as a permitted use. While
some zones are readily identifiable as single-family residential zones (e.g., R-1 “Single-
Family Residential”), others may not be so obvious. Some local agencies have multiple
single-family zones with subtle distinctions between them relating to minimum lot sizes or
allowable uses. In communities where there may be more than one single-family
residential zone, the local agency should carefully review the zone district descriptions in
the zoning code and the land use designation descriptions in the Land Use Element of
the General Plan. This review will enable the local agency to identify zones whose primary
purpose is single-family residential uses and which are therefore subject to SB 9.
Considerations such as minimum lot sizes, natural features such as hillsides, or the
permissibility of keeping horses should not factor into the determination.
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Residential Uses Only
(Reference: Gov. Code, §§ 65852.21, subd. (a))
SB 9 concerns only proposed housing developments containing no more than two
residential units (i.e., one or two). The law does not otherwise change the allowable land
uses in the local agency’s single-family residential zone(s). For example, if the local
agency’s single-family zone(s) does not currently allow commercial uses such as hotels
or restaurants, SB 9 would not allow such uses.
Ministerial Review
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1))
An application made under SB 9 must be considered ministerially, without discretionary
review or a hearing. Ministerial review means a process for development approval
involving no personal judgment by the public official as to the wisdom of carrying out the
project. The public official merely ensures that the proposed development meets all the
applicable objective standards for the proposed action but uses no special discretion or
judgment in reaching a decision. A ministerial review is nearly always a “staff-level
review.” This means that a staff person at the local agency reviews the application, often
using a checklist, and compares the application materials (e.g., site plan, project
description, etc.) with the objective development standards, objective subdivision
standards, and objective design standards.
Objective Standards
(Reference: Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c))
The local agency may apply objective development standards (e.g., front setbacks and
heights), objective subdivision standards (e.g., minimum lot depths), and objective design
standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as they would
not physically preclude either of the following:
Up to Two Primary Units. The local agency must allow up to two primary units
(i.e., one or two) on the subject parcel or, in the case of a lot split, up to two primary
units on each of the resulting parcels.
Units at least 800 square feet in size. The local agency must allow each primary
unit to be at least 800 square feet in size.
The terms “objective zoning standards,” “objective subdivision standards,” and “objective
design review standards” mean standards that involve no personal or subjective judgment
by a public official and are uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the development applicant or
proponent and the public official prior to submittal. Any objective standard that would
physically preclude either or both of the two objectives noted above must be modified or
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waived by the local agency in order to facilitate the development of the project, with the
following two exceptions:
Setbacks for Existing Structures. The local agency may not require a setback
for an existing structure or for a structure constructed in the same location and to
the same dimensions as an existing structure (i.e., a building reconstructed on the
same footprint).
Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board
maximum four-foot side and rear setbacks. The local agency may choose to apply
a lesser setback (e.g., 0-4 feet), but it cannot apply a setback greater than four
feet. The local agency cannot apply existing side and rear setbacks applicable in
the single-family residential zone(s). Additionally, the four-foot side and rear
setback standards are not subject to modification. (Gov. Code, §§ 65852.21, subd.
(b)(2)(B); 66411.7, subdivision (c)(3).)
One-Unit Development
(Reference: Gov. Code, §§ 65852.21, subd. (a); 65852.21, subd. (b)(2)(A))
SB 9 requires the ministerial approval of either one or two residential units. Government
Code section 65852.21 indicates that the development of just one single-family home was
indeed contemplated and expected. For example, the terms “no more than two residential
units” and “up to two units” appear in the first line of the housing development-related
portion of SB 9 (Gov. Code, § 65852.21, subd. (a)) and in the line obligating local agencies
to modify development standards to facilitate a housing development. (Gov. Code, §
65852.21, subd. (b)(2)(A).)
Findings of Denial
(Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d))
SB 9 establishes a high threshold for the denial of a proposed housing development or
lot split. Specifically, a local agency’s building official must make a written finding, based
upon a preponderance of the evidence, that the proposed housing development would
have a specific, adverse impact, as defined in Government Code section 65589.5,
subdivision (d)(2), upon public health and safety or the physical environment and for
which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact. “Specific, adverse impact” means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public health or safety
standards, policies, or conditions as they existed on the date the application was deemed
complete. (Gov. Code, § 65589.5, subd. (d)(2).)
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Environmental Site Constraints
(Reference: Gov. Code, §§ 65852.21, subd. (a)(2) and (a)(6); 66411.7, subd. (a)(3)(C) and (a)(3)(E))
A proposed housing development or lot split is not eligible under SB 9 if the parcel
contains any of the site conditions listed in Government Code section 65913.4,
subdivision (a)(6)(B-K). Examples of conditions that may disqualify a project from using
SB 9 include the presence of farmland, wetlands, fire hazard areas, earthquake hazard
areas, flood risk areas, conservation areas, wildlife habitat areas, or conservation
easements. SB 9 incorporates by reference these environmental site constraint
categories that were established with the passing of the Streamlined Ministerial Approval
Process (SB 35, Chapter 366, Statutes of 2017). Local agencies may consult HCD’s
Streamlined Ministerial Approval Process Guidelines for additional detail on how to
interpret these environmental site constraints.
Additionally, a project is not eligible under SB 9 if it is located in a historic district or
property included on the State Historic Resources Inventory or within a site that is
designated or listed as a city or county landmark or as a historic property or district
pursuant to a city or county ordinance.
California Environmental Quality Act (CEQA)
Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n))
Because the approval of a qualifying project under SB 9 is deemed a ministerial action,
CEQA does not apply to the decision to grant an application for a housing development
or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply
to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must
not require an applicant to perform environmental impact analysis under CEQA for
applications made under SB 9. Additionally, if a local agency chooses to adopt a local
ordinance to implement SB 9 (instead of implementing the law directly from statute), the
preparation and adoption of the ordinance is not considered a project under CEQA. In
other words, the preparation and adoption of the ordinance is statutorily exempt from
CEQA.
Anti-Displacement Measures
(Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D))
A site is not eligible for a proposed housing development or lot split if the project would
require demolition or alteration of any of the following types of housing: (1) housing that
is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable
to persons and families of moderate, low, or very low income; (2) housing that is subject
to any form of rent or price control through a public entity’s valid exercise of its police
power; or (3) housing that has been occupied by a tenant in the last three years.
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Lot Split Requirements
(Reference: Gov. Code, § 66411.7)
SB 9 does not require a local agency to approve a parcel map that would result in the
creation of more than two lots and more than two units on a lot resulting from a lot split
under Government Code section 66411.7. A local agency may choose to allow more than
two units, but it is not required to under the law. A parcel may only be subdivided once
under Government Code section 66411.7. This provision prevents an applicant from
pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9
also does not require a local agency to approve a lot split if an adjacent lot has been
subject to a lot split in the past by the same property owner or a person working in concert
with that same property owner.
Accessory Dwelling Units
(Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (f))
SB 9 and ADU Law (Gov. Code, §§ 65852.2 and 65858.22) are complementary. The
requirements of each can be implemented in ways that result in developments with both
“SB 9 Units” and ADUs. However, specific provisions of SB 9 typically overlap with State
ADU Law only to a limited extent on a relatively small number of topics. Treating the
provisions of these two laws as identical or substantially similar may lead a local agency
to implement the laws in an overly restrictive or otherwise inaccurate way.
“Units” Defined. The three types of housing units that are described in SB 9 and related
ADU Law are presented below to clarify which development scenarios are (and are not)
made possible by SB 9. The definitions provided are intended to be read within the context
of this document and for the narrow purpose of implementing SB 9.
Primary Unit. A primary unit (also called a residential dwelling unit or residential
unit) is typically a single-family residence or a residential unit within a multi-family
residential development. A primary unit is distinct from an ADU or a Junior ADU.
Examples of primary units include a single-family residence (i.e., one primary unit),
a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.
Accessory Dwelling Unit. An ADU is an attached or a detached residential dwelling
unit that provides complete independent living facilities for one or more persons
and is located on a lot with a proposed or existing primary residence. It includes
permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel on which the single-family or multifamily dwelling is or will be situated.
Junior Accessory Dwelling Unit. A Junior ADU is a unit that is no more than 500
square feet in size and contained entirely within a single-family residence. A Junior
ADU may include separate sanitation facilities or may share sanitation facilities
with the existing structure.
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California Department of Housing and Community Development – SB 9 Fact Sheet
6
The terms “unit,” “housing unit,” “residential unit,” and “housing development” mean
primary unit(s) unless specifically identified as an ADU or Junior ADU or otherwise
defined. This distinction is critical to successfully implementing SB 9 because state law
applies different requirements (and provides certain benefits) to ADUs and Junior ADUs
that do not apply to primary units.
Number of ADUs Allowed. ADUs can be combined with primary units in a variety of
ways to achieve the maximum unit counts provided for under SB 9. SB 9 allows for up to
four units to be built in the same lot area typically used for a single-family home. The
calculation varies slightly depending on whether a lot split is involved, but the outcomes
regarding total maximum unit counts are identical.
Lot Split. When a lot split occurs, the local agency must allow up to two units on
each lot resulting from the lot split. In this situation, all three unit types (i.e., primary
unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit
could be reached on each lot by creating two primary units, or a primary unit and
an ADU, or a primary unit and a Junior ADU. By building two units on each lot, the
overall maximum of four units required under SB 9 is achieved. (Gov. Code, §
66411.7, subd. (j).) Note that the local agency may choose to allow more than two
units per lot if desired.
No Lot Split. When a lot split has not occurred, the lot is eligible to receive ADUs
and/or Junior ADUs as it ordinarily would under ADU law. Unlike when a project is
proposed following a lot split, the local agency must allow, in addition to one or two
primary units under SB 9, ADUs and/or JADUs under ADU Law. It is beyond the
scope of this document to identify every combination of primary units, ADUs, and
Junior ADUs possible under SB 9 and ADU Law. However, in no case does SB 9
require a local agency to allow more than four units on a single lot, in any
combination of primary units, ADUs, and Junior ADUs.
See HCD’s ADU and JADU webpage for more information and resources.
Relationship to Other State Housing Laws
SB 9 is one housing law among many that have been adopted to encourage the
production of homes across California. The following represent some, but not necessarily
all, of the housing laws that intersect with SB 9 and that may be impacted as SB 9 is
implemented locally.
Housing Element Law. To utilize projections based on SB 9 toward a jurisdiction’s
regional housing need allocation, the housing element must: 1) include a site-specific
inventory of sites where SB 9 projections are being applied, 2) include a nonvacant sites
analysis demonstrating the likelihood of redevelopment and that the existing use will not
constitute an impediment for additional residential use, 3) identify any governmental
constraints to the use of SB 9 in the creation of units (including land use controls, fees,
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California Department of Housing and Community Development – SB 9 Fact Sheet
7
and other exactions, as well as locally adopted ordinances that impact the cost and supply
of residential development), and 4) include programs and policies that establish zoning
and development standards early in the planning period and implement incentives to
encourage and facilitate development. The element should support this analysis with local
information such as local developer or owner interest to utilize zoning and incentives
established through SB 9. Learn more on HCD’s Housing Elements webpage.
Housing Crisis Act of 2019. An affected city or county is limited in its ability to amend
its general plan, specific plans, or zoning code in a way that would improperly reduce the
intensity of residential uses. (Gov. Code, § 66300, subd. (b)(1)(A).) This limitation applies
to residential uses in all zones, including single-family residential zones. “Reducing the
intensity of land use” includes, but is not limited to, reductions to height, density, or floor
area ratio, new or increased open space or lot size requirements, new or increased
setback requirements, minimum frontage requirements, or maximum lot coverage
limitations, or any other action that would individually or cumulatively reduce the site’s
residential development capacity. (Gov. Code, § 66300, subd. (b)(1)(A).)
A local agency should proceed with caution when adopting a local ordinance that would
impose unique development standards on units proposed under SB 9 (but that would not
apply to other developments). Any proposed modification to an existing development
standard applicable in the single-family residential zone must demonstrate that it would
not result in a reduction in the intensity of the use. HCD recommends that local agencies
rely on the existing objective development, subdivision, and design standards of its single-
family residential zone(s) to the extent possible. Learn more about Designated
Jurisdictions Prohibited from Certain Zoning-Related Actions on HCD’s website.
Housing Accountability Act. Protections contained in the Housing Accountability Act
(HAA) and the Permit Streaming Act (PSA) apply to housing developments pursued under
SB 9. (Gov. Code, §§ 65589.5; 65905.5; 65913.10; 65940 et seq.) The definition of
“housing development project” includes projects that involve no discretionary approvals
and projects that include a proposal to construct a single dwelling unit. (Gov. Code, §
65905.5, subd. (b)(3).) For additional information about the HAA and PSA, see HCD’s
Housing Accountability Act Technical Assistance Advisory.
Rental Inclusionary Housing. Government Code section 65850, subdivision (g),
authorizes local agencies to adopt an inclusionary housing ordinance that includes
residential rental units affordable to lower- and moderate-income households. In certain
circumstances, HCD may request the submittal of an economic feasibility study to ensure
the ordinance does not unduly constrain housing production. For additional information,
see HCD’s Rental Inclusionary Housing Memorandum.
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1
ACTION MINUTES
MEETING OF THE ARCHITECTURAL REVIEW COMMITEE
April 18, 2022, 2:30 p.m.
Hybrid City Hall Conference Room/Virtual Zoom Meeting
Committee Members Present: Jon Couch, Kristin Juette, Warren Hoag,
Bruce Berlin
Committee Members Absent: Lori Mainini Hall
Staff Present: Community Development Director Brian
Pedrotti, Associate Planner 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
Chair Hoag called the meeting to order at 2:30 pm.
2.ROLL CALL
Chair Hoag performed the roll call. Committee Member Hall was absent.
3.FLAG SALUTE
Chair Hoag led the flag salute.
4.AGENDA REVIEW
None.
5.COMMUNITY COMMENTS AND SUGGESTIONS
Chair Hoag opened the public comment period. No public comment was received.
6.WRITTEN COMMUNICATIONS
Chair Hoag acknowledged the two Supplemental Memos containing public comment for Item 8.b.
7.CONSENT AGENDA
7.a Approval of Minutes
(PEREZ)
This item was continued to the next Regular Meeting due to a lack of quorum of Committee
Members that attended the March 21, 2022 Regular Meeting.
ATTACHMENT 4
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3
8.b Review of Objective Design Standards for Projects Proposed Under Senate Bill 9 (SB 9)
Committee Member Couch rejoined the meeting at 2:37 pm.
Acting Planning Manager Perez presented the staff report, explained the legislation and what it
permits. He summarized the objective design standards proposed by staff and the reasoning
behind each of them. He also answered questions from the Committee related to where parking
is permitted on residential properties.
Chair Hoag opened public comment.
Kevin Buchanan, Arroyo Grande Planning Commissioner, advocated for taller maximum heights
and larger unit sizes. He also wanted to ensure that the standards do not discourage SB 9
development.
Chair Hoag closed the public comment.
The Committee was not supportive of a one sizes fits all approach to the maximum units size
and felt that 1,200 square feet would be too restrictive for larger lots. The Committee suggested
using a sliding scale based on lot size to determine the maximum allowable unit size. The
Committee was in favor of a tiered approach to the maximum height limit depending on whether
the unit was located in the setback of the underlying setback for the district. The Committee was
not supportive of a prohibition of rooftop decks.
The Committee found the color and material standards proposed too restrictive and do not allow
for creativity. The Committee suggested revising the parking standards to specify that parking in
a driveway is allowed and adding a landscape buffer requirement to maintain aesthetics and
neighborhood character.
Moved by Bruce Berlin
Seconded by Kristin Juette
Recommendation to the Planning Commission to recommend adoption of the objective design
standards as revised by the ARC.
AYES (4): Jon Couch, Kristin Juette, Warren Hoag, and Bruce Berlin
ABSENT (1): Lori Mainini Hall
Passed (4 to 0)
9.DISCUSSION ITEMS
9.a Election of Chair and Vice Chair
Vice Chair Berlin nominated Chair Hoag to remain Chairperson for the next year. Committee
Member Juette made a motion, seconded by Vice Chair Berlin, to serve as Chairperson until the
first regular meeting in March 2023. The motion passed unanimously.
Chair Hoag nominated Vice Chair Berlin to remain Vice Chair for the next year. Chair Hoag
made a motion, seconded by Committee Member Juette, to serve as Vice Chair until the first
regular meeting in March 2023. The motion passed unanimously.
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ATTACHMENT 5
Section 16.20.180 Parcel Maps for Urban Lot Spits
A. Purpose and Scope
1. This Section implements Government Code section 66411.7 to provide an owner of
property in the Single Family zoning district an additional method to subdivide the parcel
for the purpose of housing development.
2. Urban lot split means the subdivision of an existing legal parcel in the Single Family
zoning district to create no more than two new parcels.
B. Application and Approval
1. A parcel map for an urban lot split may not be approved except in conjunction with a
concurrently submitted application for building permits for two-unit residential
development pursuant to Section 16.32.060. Development on the resulting parcels is
limited to the residential development approved in the concurrently submitted building
permit applications.
2. A parcel map for an urban lot split must be prepared by a registered civil engineer or
licensed land surveyor in accordance with Government Code sections 66444 – 66450
and this Section, and submitted for approval to the City Engineer. A fee in an amount
established by City Council resolution must be paid concurrently with the submission of
the parcel map.
3. The City Engineer is the approval authority for parcel maps under this Section. The City
Engineer shall approve a parcel map for an urban lot split if the Engineer determines that
it meets all of the requirements of this Section.
C. The following supplemental information is required to be submitted with a parcel map to
establish compliance with the construction plans and all provisions of this Code and applicable
State law:
1. A map of appropriate size and to scale showing all of the following:
a. Total area (in acreage and square feet) of each proposed lot.
b. Location and dimensions of existing and proposed property lines;
c. Zoning District;
d. The location and use of all existing and proposed structures;
e. All required zoning setbacks for the existing and proposed lots;
f. The location of all existing water, sewer, electricity, storm drain, or gas service lines,
pipes, systems, or easements;
g. The location of all proposed new water, sewer, storm drain, lines, pipes, or systems;
h. The location of any proposed easements for access or public utilities to serve a lot
created by the subdivision;
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i. The location of any existing trees larger than four inches in diameter measured four
feet six inches above the base and any such trees proposed for removal;
j. Any area of the parcel that has a slope of 25% or greater by way of contours at 5-
foot intervals;
l. Name and dimensions, including right-of-way and improved area, of public and
private streets or public alleys adjoining the parcel;
m. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;
n. Location of existing or proposed driveway dimensions, materials, and slope
(including cross slope); and
o. Location of existing or proposed pedestrian pathway access to the public right of
way.
2. A statement of the owner, signed under penalty of perjury under the laws of California,
that:
a. The proposed urban lot split would not require or authorize demolition or alteration of
any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low
income.
(ii) Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised
the owner’s rights under Section 12.75 (commencing with Section 7060) of
Division 7 of Title 1 of the Government Code to withdraw accommodations from
rent or lease within 15 years before the date that the development proponent
submits an application.
(iv) Housing that has been occupied by a tenant in the last three years.
b. The parcel has not been established through prior exercise of an urban lot split under
this Section;
c. Neither the owner of the parcel being subdivided nor any person acting in concert
with the owner has previously subdivided an adjacent parcel under the provisions of
this Section.
d. The owner intends to occupy one of the housing units located on a lot created by the
parcel map as their principal residence for a minimum of three years from the date of
the recording of the parcel map.
e. Rental terms of any unit created by the subdivision shall not be less than 31
consecutive days, nor shall rental terms allow termination of the tenancy prior to the
expiration of at least one thirty-one (31) day period of occupancy by the same tenant.
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f. The uses allowed on a lot created by the parcel map shall be limited to residential
uses.
D. Design and Improvement Requirements
1. A parcel map may subdivide an existing legal parcel to create no more than two parcels
of approximately equal lot area. One parcel shall not be smaller than 40 percent of the
lot area of the original parcel proposed for subdivision and neither parcel shall be smaller
than 1,200 square feet.:
2. Each parcel must be served by a separate water service meter and a separate sewer
connection.
3. Each parcel shall either drain a developed drainage easement or in accordance with the
City’s Standard Specification and Engineering Standards.
4. Rights-of-way as required for access along all natural watercourses as necessary for
flood control, maintenance, and improvement shall be dedicated.
5. The parcel must satisfy the requirements of Government Code section 66411.7(a).
6. A lot line shall not bisect or be located within 4 feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three years
before the date of the parcel map;
b. A structure designated as a historic structure or a candidate structure under any City
ordinance or included on the State Historic Resources Inventory;
c. A dwelling that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low
income.
d. Existing easements if the resulting lot would create a developable area that would
interfere with the use of the easement for its intended purpose.
7. The location and orientation of new lot lines shall meet the following standards:
a. Front lot lines shall conform to the minimum public street frontage requirements of
the Development Code; a flag lot, or a lot with a narrow projecting strip of land
extending along a street, is not permitted.
b. Each parcel shall have approximately equal lot width and lot depth, consistent with
the minimum lot sizes described in subsection D, above. Lot depth shall be
measured at the midpoint of the front lot line. Lot width shall be measured by a line
connecting two points on opposite interior lot lines that will result in a line parallel to
the front lot line.
c. New lot lines must be straight lines, unless there is a conflict with existing
improvements or the natural environment in which case the line may be not be
straight but shall follow the appropriate course.
d. Lot lines facing a street shall generally be parallel to the street. Unless the minimum
public street frontage is provided, the lot line dividing the two parcels must be parallel
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to and not less than 50 feet from an existing front lot line, or outside the front half of
the existing lot, whichever is greater.
e. Interior lot lines not facing the street shall be at right angles perpendicular to the
street on straight streets, or radial to the street on curved streets.
f. Lot lines shall be located within appropriate physical locations such as the top of
creek banks, at appropriate topographical changes (top or bottom of slopes etc.) or
at locations which clearly separate existing and proposed land uses.
g. Lot lines shall be contiguous with existing zoning boundaries.
h. The placement of lot lines shall not result in an accessory building or accessory use
on a lot without a main building or primary use on the same lot, as defined in the
Development Code.
i. Lot lines shall not render an existing structure as nonconforming in any respect (e.g.,
setbacks, Floor Area Ratio, parking), nor increase the nonconformity of an existing
nonconforming structure.
E. Access Standards
1. Each lot shall front upon or have access to a public street, or be served by an access
easement serving no more than two lots. Access shall be provided in compliance with
these standards:
a. Vehicle access easements serving a maximum of two units shall meet the following
standards:
i. Easement width shall be a minimum of 10 feet and a maximum of 16 feet, unless
a wider driveway is required by the California Fire Code due to distance of the
structure from the easement, or as needed to meet the driveway and parking
standards in the City’s standards.
ii. The minimum length for a vehicle access easement is 20 feet. No maximum
easement length shall be set. If easement length is more than 75 feet, a vehicle
turnaround shall be provided.
iii. No residential structure shall be closer than 3 feet to the easement.
b. Vehicle access easements serving three to four units shall meet the following
standards:
i. Easement width shall be a minimum of 20 feet.
ii. The minimum length for a vehicle access easement is 20 feet. No maximum
easement length shall be set. If easement length is more than 75 feet, a vehicle
turnaround shall be provided.
iii. No residential structure shall be closer than 5 feet to the easement.
c. Where a lot does not abut a public street, and where no automobile parking spaces
are required or proposed for the residential development, a vehicle access easement
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is not required. An easement providing pedestrian access to a street from each lot
shall be provided meeting the following standards:
i. Easement width shall be a minimum of five feet;
ii. Pedestrian access easements shall not exceed 200 feet in length.
2. Vehicle access easements shall not be located closer than 25 feet to an intersection.
3. Access and provisions for fire protection consistent with the California Fire Code shall be
provided for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and
turnaround dimensions shall meet the requirements of the California Fire Code, the
City’s Design Standards, and the parking design standards in the Development Code.
5. Lots taking access by an easement must record a shared maintenance agreement for
the driveway. The agreement shall be recorded prior to or concurrently with the final
map.
F. Map Requirements
1. The content and form of a parcel map shall meet all the requirements of Government
Code sections 66444 – 66450.
2. The parcel map shall show all easements for public utilities necessary to serve each lot
created by the subdivision.
3. The parcel map shall show all easements necessary to provide each lot with access to
the public or private street or alley abutting the original parcel.
4. The parcel map shall contain a declaration that:
a. Each lot created by the parcel map shall be used solely for residential dwellings;
b. That no more than two residential dwelling units may be permitted on each lot. As
used in this subsection residential dwelling unit includes a unit created pursuant to
Government Code section 65852.21, a primary dwelling unit, an accessory dwelling
unit as defined in Government Code section 65852.2, or a junior accessory dwelling
unit as defined in Government Code section 65852.22.
c. That rental of any dwelling unit on a lot created by the parcel map shall not be less
than 31 consecutive days, nor shall rental terms allow termination of the tenancy
prior to the expiration of at least one 31-day period occupancy by the same tenant.
G. Concurrent Processing With Other Ministerial Permits for Housing Development
1. No development, including grading or vegetation removal, shall commence on either lot,
concurrent or subsequent to an urban lot split, unless it is approved with a valid building
permit for the construction of a housing development and complies with all the objective
development and design standards outlined for two-unit residential development or
accessory dwelling units in this Code, or any other adopted objective design standards
in effect at the time a complete application is submitted.
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2. A building permit for development on an urban lot split cannot be issued until the parcel
map is recorded.
3. The City Engineer shall deny an urban lot split if the building official has made a written
finding, based upon a preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as defined and determined
in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon
public health and safety or the physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact.
H. Prohibition of Further Subdivision
A lot created by a parcel map under this Section shall not be further subdivided.
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ATTACHMENT 6
Section 16.32.060 Two-Unit Residential Development
A. Purpose and Intent.
1. It is the intent of these regulations to provide opportunities for two units on one
legal parcel, consistent with state law and local regulations. In the event of an
inconsistency between this Section and Government Code Section 65852.21,
Government Code Section 65852.21 shall prevail. Provided that Government
Code Sections 65852.21 or 66411.7 are not repealed, qualifying two-unit
residential development in the single family zoning districts shall be located,
developed, and used in compliance with this Section.
2. In accordance with Government Code Section 65852.21(a)(2), two-unit residential
development shall not be permitted under this Section in any of the following
circumstances:
a. Parcels located in:
i. Wetlands;
ii. Either prime farmland or farmland of statewide importance, as defined
pursuant to United States Department of Agriculture land inventory and
monitoring criteria, as modified for California, and designated on the maps
prepared by the Farmland Mapping and Monitoring Program of the
Department of Conservation;
iii. Very high fire severity zones, except if the site has adopted fire hazard
mitigation measures pursuant to existing building standards or state fire
mitigation measures applicable to the development;
iv. A hazardous waste site, unless the site has been cleared by the State for
residential use;
v. Delineated earthquake fault zones, unless the development complies with
applicable seismic protection building code standards;
vi. Special flood hazard areas (100-year flood zones), unless the site has been
subject to a FEMA Letter of Map Revision issued to the City or the site
meets FEMA requirement necessary to meet minimum flood plain
management criteria of the National Flood Insurance Program;
vii. A regulatory flood way identified in a FEMA map, unless the development
has received a no-rise certification;
viii. Lands identified for conservation in an adopted natural resource protection
plan, habitat for protected species, or under a conservation easement; and
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ix. A historic district or property designated pursuant to a local ordinance or
included on the State Historic Resources Inventory.
b. The proposed development would require demolition or alteration of any of the
following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to moderate, low, or very low incomes;
ii. A unit that has been occupied by a tenant within the past three years; and
iii. A rent controlled unit.
c. The proposed development would result in the demolition of more than 25
percent of the existing exterior structural walls, unless the site has not been
occupied by a tenant in the last three years.
d. The building official finds that the proposed development would have a specific,
adverse impact on public health and safety or the physical environment that
cannot be feasibly mitigated or avoided, as defined and determined in
paragraph (2) of subdivision (d) of Government Code Section 65589.5.
B. Restrictions.
A qualifying two-unit residential project shall be subject to the following restrictions:
1. The development and use of the dwelling units shall only be valid and permitted
based on the terms established in the Section.
2. The dwelling unit(s) shall not be rented for a period of less than thirty-one (31)
consecutive days, nor shall rental terms allow termination of the tenancy prior to
the expiration of at least one thirty-one (31) day period of occupancy by the same
tenants.
C. Unit Configurations
The new unit in a two-residential unit development may be permitted in the following
configurations, provided that no more than two attached residential units are in any
one building on a lot. For the purpose of this section, “unit” means any dwelling unit,
including, but not limited to, two-unit residential development, additional residential
unit, primary residential unit, accessory dwelling unit, or junior accessory dwelling unit.
1. One new unit incorporated entirely within an existing residential unit.
2. One new unit incorporated entirely within an existing accessory building, including
garages.
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3. One new unit attached to and increasing the size of an existing residential unit or
an existing accessory building.
4. One new unit detached from and located on the same lot as an existing unit. A unit
that is attached to another detached accessory building, but not another residential
unit, or is attached by a breezeway or porch, is considered detached.
5. Two newly constructed attached units (duplex) or two detached residential units
on a vacant lot.
6. A two-unit residential development in any of the configurations described above
may be added to a newly created lot concurrently with an approval for a parcel
map for an urban lot split, pursuant to AGMC Section 16.20.180, Parcel Maps for
Urban Lot Splits; however, the provisions of that Chapter shall not be used to
permit more than two units on a lot.
7. Up to two accessory dwelling units pursuant to AGMC Section 16.52.150,
Accessory Dwelling Units, may be proposed in addition to the two units constructed
pursuant to this Section on a lot that is not the result of an urban lot split.
D. Parking.
1. Pursuant to Government Code Section 65852.21(c), one off-street parking space
is required per dwelling unit, unless the parcel is located within one-half mile of a
high-quality transit corridor as defined in subdivision (b) of Section 21155 of the
Public Resources Code or a major transit stop as defined in Section 21064.3 of
the Public Resources Code or there is a car share vehicle located within one block
of the parcel.
2. The location of the required parking space(s) shall not obstruct the required
parking of each Dwelling Unit.
3. The parking facilities shall comply with Section 16.56.070.
4. Required parking spaces for separate dwelling units shall not be provided in a
tandem configuration.
5. The required parking spaces must be covered.
E. Rear and Side Setbacks.
1. No setback shall be applied to existing structures or structures constructed in the
same location and to the same dimensions as an existing structure.
2. For projects not meeting the requirements of subsection 1 above, a minimum four-
foot setback shall be provided from side and rear lot lines.
F. Objective Zoning and Design Standards for Two-Unit Residential Developments.
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Government Code Section 65852.21 permits the imposition of objective zoning standards
and objective design standards, provided the standards do not physically preclude the
construction of up to two units of at least 800 square feet. Accordingly, the follow objective
standards shall apply to two-unit residential development projects:
1. Massing and Articulation
a. Maximum Unit Size: The total gross floor area of the unit(s), excluding
garages, shall not exceed the floor-area ratios maximums found in Section
16.32.050 of this Title.
b. Building Separation: detached dwelling units shall have a minimum of 10
feet of separation whether the units are on one lot or adjacent lots.
c. Height: The maximum height shall be 16-feet for any structure, or portions
thereof, located within the setback of the underlying zoning district.
Structures, or any portion thereof, located outside of the setbacks of the
underlying zoning district shall conform to the height requirements of that
district.
d. Rooftop decks shall be permitted in accordance with Section 16.48.180 of
this Title.
2. Colors and Materials
a. The primary cladding shall be stone, brick, fiber cement, composite wood
or stone, wood, stucco, or other cementitious material. Plywood, such as
T1-11 siding, is prohibited.
b. Color schemes shall consist of one primary color and at least one secondary
color, at a minimum. The roof color shall not be considered a color for
purposes of this standard.
3. Parking and Circulation
a. Parking shall not be located between a structure and a public sidewalk
within the front setback, with the exception of permitted driveways. When
parking areas are located in the front yard, outside of the front setback, a
landscape buffer of at least 10 feet between the sidewalk and parking area
shall be provided.
b. All parking areas serving more than one unit shall be internally connected
and shall use shared driveways.
4. Utility and Service Areas
a. All new dwelling units must connect to City utilities in accordance with
Section 13.12.060 of Title 13.
Page 70 of 86Page 273 of 386
1
ACTION MINUTES
MEETING OF THE PLANNING COMMISSION
May 3, 2022, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
Commission Members Present: Chair Glenn Martin, Vice Chair Frank Schiro,
Commissioner Jamie Maraviglia,
Commissioner Jim Guthrie, Kevin Buchanan
Staff Present: Associate Planner Andrew Perez, Assistant
Planner Patrick Holub, Community
Development Director Brian Pedrotti
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
Chair Martin called the Planning Commission meeting to order at 6:00pm.
2.ROLL CALL
3.FLAG SALUTE
Vice Chair Schiro
4.AGENDA REVIEW
None.
5.COMMUNITY COMMENTS AND SUGGESTIONS
None.
6.WRITTEN COMMUNICATIONS
The Commission received one supplemental memorandum regarding agenda item 9.a.
7.CONSENT AGENDA
Moved by Commissioner Maraviglia
Seconded by Vice Chair Schiro
Commissioner Maraviglia moved and Vice Chair Schiro seconded a motion to approve the consent
agenda as submitted.
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2
Passed
7.a Approval of Minutes
(HOLUB)
Approve the Minutes of the March 1, 2022 Regular Meeting.
7.b Consideration Of Time Extension 22-001 For Conditional Use Permit No. 16-005; One
Year Time Extension In Accordance With The Arroyo Grande Municipal Code; Location –
1495 El Camino Real; Applicant – Scott Pace; Representative – Greg Soto
(PEREZ)
It is recommended that the Planning Commission adopt a Resolution approving Time Extension
22-001.
8. PUBLIC HEARINGS
8.a Consideration Of Development Code Amendment 21-002 To Implement Senate Bill 9;
Location – Citywide
(PEREZ)
Acting Planning Manager Perez presented the staff report and responded to Commissioner
questions regarding Floor Area Ratio maximums, ADUs constructed with Urban Lot Splits,
parking locations, orientation of lot lines, maximum number of units and enforcement of the
prohibition on short term rentals.
Chair Martin opened the public hearing.
Krista Jeffries spoke about housing issues and encouraged the Commission to allow more
density.
Garrett Philbin spoke about missing middle housing and asked that the Commission not place
any undue restrictions on SB9 developments.
Lea Hensley spoke about the costs involved for processing a parcel map and mentioned that
the process does not seem affordable.
Hearing no further public comment, Chair Martin closed the public hearing.
Moved by Chair Martin
Seconded by Commissioner Guthrie
Chair Martin moved and Commissioner Guthrie seconded a motion to recommend changes to
the City Council in the draft language of the Ordinance including:
1) Allowing ADUs with SB9 developments to allow a maximum of six (6) units; 2) Allowing a
minimum unit size of 1200 square feet; 3) Remove the requirement to provide parking; 4)
Develop a method to track Urban Lot Splits to inform new property owners; 5) Remove
prohibition on location and orientation of atypical lot lines; 6) Evaluate fee mitigation measures
to make developments more affordable; 7) Reconsider overall height limitation.
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3
Failed
Moved by Chair Martin
Seconded by Vice Chair Schiro
Chair Martin moved and Vice Chair Schiro seconded a motion to make the recommended
changes to the draft ordinance before forwarding it for consideration to the City Council. The
motion passed on a 4-1 vote.
Passed
9. NON-PUBLIC HEARING ITEMS
9.a Election of Chairperson and Vice Chairperson
(PEREZ)
Moved by Commissioner Guthrie
Seconded by Vice Chair Schiro
Commissioner Guthrie moved and Vice Chair Schiro moved to elect Chair Martin as the
Commission's chair for the next term. The motion passed 5-0.
Passed
Moved by Commissioner Guthrie
Seconded by Commissioner Maraviglia
Commissioner Guthrie moved and Commissioner Maraviglia seconded a motion to elect
Commissioner Maraviglia to serve as the Commission's Vice Chair for the next term. The motion
passed 5-0.
Passed
10. NOTICE OF ADMINISTRATIVE ITEMS SINCE MARCH 1, 2022
Item No. 1: Plot Plan Review 21-045; Establishment Of A Homestay In An Existing Single Family
Residence; Location – 129 Allen Street; Applicant – Jobie Brigham
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Homestay in
the Multi-Family (MF) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
Item No. 2: Plot Plan Review 22-004; Establishment Of A Homestay In An Existing Single Family
Residence; Location – 1503 El Camino Real; Applicant – Robert Hudson
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Homestay in
the Office Mixed-Use (OMU) zoning district. The deadline to appeal this project is at 5:00 pm on May 4,
2022.
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4
Item No. 3: Plot Plan Review 22-006; Establishment Of A Homestay In An Existing Single Family
Residence; Location – 528 Ide Street; Applicant – Samantha Engleman
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Homestay in
the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
Item No. 4: Plot Plan Review 22-008; Establishment Of A Medical Services Business In An Existing
Commercial Tennant Space; Location – 152 West Branch Street; Applicant – Patrick Voegele
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a medical
services business in the Village Mixed USe (WMU) zoning district. The deadline to appeal this project is
at 5:00 pm on May 4, 2022.
Item No. 5: Architectural Review 22-002; Exterior Alterations To An Existing Residential Structure;
Location – 251 Larchmont Drive; Applicant – Kathy Sherman
After making the findings specified in Section 16.16.130 of the Municipal Code, the Community
Development Director approved the above referenced project for the exterior alterations to an existing
residential structure in the Single Family (SF) zoning district. The deadline to appeal this project is at
5:00 pm on May 4, 2022.
Item No. 6: Temporary Use Permit 22-002; South County Historical Society Annual Rummage Sale On
Saturday April 2nd And Sunday April 3rd, 2022; Location – 128 Bridge Street; Applicant – Jan Scott
After making the findings specified in Section 16.16.090 of the Municipal Code, the Community
Development Director approved the above referenced project for the South County Historical Society to
conduct their annual rummage sale on Saturday, April 2nd, 2022 from 7:00am until 2:00pm and
Sunday, April 3rd, 2022 from 11:00am until 2:00pm. The deadline to appeal this project is at 5:00 pm
on May 4, 2022.
Item No. 7: Plot Plan Review 22-009; Establishment Of A Vacation Rental In An Existing Single Family
Residence; Location – 1565 Blackberry Avenue; Applicant – Linda Drummy
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Vacation
Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on
May 4, 2022.
Item No. 8: Plot Plan Review 22-007; Establishment Of A Vacation Rental In An Existing Single Family
Residence; Location – 506 Ide Street; Applicant – Samantha Engleman
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Vacation
Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on
May 4, 2022.
Item No. 9: Plot Plan Review 22-011; Establishment Of A Vacation Rental In An Existing Single Family
Residence; Location – 520 South Elm Street; Applicant – Luis Quintana
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5
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Vacation
Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on
May 4, 2022.
Item No. 10: Architectural Review 22-001; Construction Of A New 3,667 Square Foot Single Family
Residence And Attached 891 Square Foot Garages; Location – 331 Rodeo Court; Applicant – Chris
Mccall; Representative – Jennifer Martin, Jm Architecture And Design
After making the findings specified in Section 16.16.130 of the Municipal Code, the Community
Development Director approved the above referenced project for the exterior alterations to an existing
residential structure in the Planned Development – 1.3 (PD-1.3) zoning district. The deadline to appeal
this project is at 5:00 pm on May 4, 2022.
11. COMMISSION COMMUNICATIONS
Commissioner Maraviglia thanked Commissioner Guthrie for nominating her to serve as the
Commission's Vice Chair.
12. STAFF COMMUNICATIONS
Director Pedrotti informed the Commission that the City Council directed staff to bring back a
permanent parklet program, that the project at 211 E Branch Street had received final architectural
approval from the ARC and provided an update on the Brisco project.
13. ADJOURNMENT
The Meeting adjourned at 9:14pm.
_________________________
Patrick Holub
Assistant Planner
_________________________
Glenn Martin, Chair
Page 278 of 386
RESOLUTION NO. 22-2361
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING THE
CITY COUNCIL ADOPT AN ORDINANCE APPROVING
DEVELOPMENT CODE AMENDMENT NO. 21-002 TO
IMPLEMENT SENATE BILL 9; LOCATION- CITYWIDE
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill (SB) 9
that, among other things, added Government Code Sections 65852.21 and 66411.7
and amended Government Code Section 66452.6 allowing additional housing units on
properties within residential zoning districts; and
WHEREAS, SB 9 went into effect on January 1, 2022; and
WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides
ministerial approval of 1) no more than two housing units on a lot within a single-family
residential zoning district; and 2) urban lot splits; and
WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and
subdivision standards for up to two housing units and urban lot splits; and
WHEREAS, the proposed amendments to the Arroyo Grande Municipal Code (AGMC)
implement the requirements of SB 9 and add local regulations that within the scope of
the State law; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on May 3, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the case as presented; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council adopt Ordinances approving
Development Code Amendment 21-002 amending Title 16 of the Arroyo Grande
Municipal Code as attached hereto as Exhibit “A” and incorporated herein by this
reference.
On motion by Commissioner Martin seconded by Commissioner Schiro, and by the
following roll call vote, to wit:
AYES: Martin, Schiro, Maraviglia, Buchanan
NOES: Guthrie
ABSENT: None
ATTACHMENT 5
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RESOLUTION NO.22-2361
PAGE 2
the foregoing Resolution was adopted this 3rd day of May, 2022.
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RESOLUTION NO.22-2361
PAGE 3
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
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RESOLUTION NO.22-2361
PAGE 4
EXHIBIT ‘A’
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill (SB) 9
that, among other things, added Government Code Sections 65852.21 and 66411.7
and amended Government Code Section 66452.6 allowing additional housing units on
properties within residential zoning districts; and
WHEREAS, SB 9 went into effect on January 1, 2022; and
WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides
ministerial approval of 1) no more than two housing units on a lot within a single-family
residential zoning district; and 2) urban lot splits; and
WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and
subdivision standards for up to two housing units and urban lot splits; and
WHEREAS, the proposed amendments to the Arroyo Grande Municipal Code (AGMC)
implement the requirements of SB 9 and add local regulations that within the scope of
the State law; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on May 3, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the case as presented; and
WHEREAS, on May 3, 2022, the Planning Commission of the Arroyo Grande
recommended to the City Council adding Sections 16.20.180 and 16.32.060 to the
Arroyo Grande Municipal Code; and
WHEREAS , the City Council of the City of Arroyo Grande has, after giving notice
thereof as required by law, held a public hearing on __________, 2022, concerning the
addition of AGMC Sections 16.20.180 and 16.32.060; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled
public meeting on __________, 2022 introduced this Ordinance to add Section
16.20.180 to Title 16, Chapter 20 and 16.32.060 to Title 16, Chapter 32 of the Arroyo
Grande Municipal Code; and
WHEREAS, the City Council has carefully considered all pertinent testimony and the
staff report, its attachments and all supporting materials referenced therein or offered in
the matter as presented at the public hearing.
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RESOLUTION NO.22-2361
PAGE 5
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. Section 16.20.180 is hereby added to Title 16, Chapter 20 of the Arroyo
Grande Municipal Code to read as follows:
Section 16.20.180 Parcel Maps for Urban Lot Spits
A. Purpose and Scope
1. This Section implements Government Code section 66411.7 to provide an owner
of property in the Single Family zoning district an additional method to subdivide
the parcel for the purpose of housing development.
2. Urban lot split means the subdivision of an existing legal parcel in a single-family
zoning district to create no more than two new parcels.
B. Application and Approval
1. A parcel map for an urban lot split may not be approved except in conjunction
with a concurrently submitted application for building permits for two-unit
residential development pursuant to Section 16.32.060. Development on the
resulting parcels is limited to the residential development approved in the
concurrently submitted building permit applications.
2. A parcel map for an urban lot split must be prepared by a registered civil
engineer or licensed land surveyor in accordance with Government Code
sections 66444 – 66450 and this Section, and submitted for approval to the City
Engineer. A fee in an amount established by City Council resolution must be paid
concurrently with the submission of the parcel map.
3. The City Engineer is the approval authority for parcel maps under this Section.
The City Engineer shall approve a parcel map for an urban lot split if the
Engineer determines that it meets all of the requirements of this Section.
C. The following supplemental information is required to be submitted with a parcel map
to establish compliance with the construction plans and all provisions of this Code and
applicable State law:
1. A map of appropriate size and to scale showing all of the following:
a. Total area (in acreage and square feet) of each proposed lot.
b. Location and dimensions of existing and proposed property lines;
c. Zoning District;
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RESOLUTION NO.22-2361
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d. The location and use of all existing and proposed structures;
e. All required zoning setbacks for the existing and proposed lots;
f. The location of all existing water, sewer, electricity, storm drain, or gas
service lines, pipes, systems, or easements;
g. The location of all proposed new water, sewer, storm drain, lines, pipes,
or systems;
h. The location of any proposed easements for access or public utilities to
serve a lot created by the subdivision;
i. The location of any existing trees larger than four inches in diameter
measured four feet six inches above the base and any such trees proposed
for removal;
j. Any area of the parcel that has a slope of 25% or greater by way of
contours at 5-foot intervals;
l. Name and dimensions, including right-of-way and improved area, of public
and private streets or public alleys adjoining the parcel;
m. Curb, gutter, sidewalk, parkway, and street trees: type, location, and
dimensions;
n. Location of existing or proposed driveway dimensions, materials, and
slope (including cross slope); and
o. Location of existing or proposed pedestrian pathway access to the public
right of way.
2. A statement of the owner, signed under penalty of perjury under the laws of
California, that:
a. The proposed urban lot split would not require or authorize demolition or
alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has
exercised the owner’s rights under Section 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code to withdraw
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RESOLUTION NO.22-2361
PAGE 7
accommodations from rent or lease within 15 years before the date that
the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years.
b. The parcel has not been established through prior exercise of an urban lot
split under this Section;
c. Neither the owner of the parcel being subdivided nor any person acting in
concert with the owner has previously subdivided an adjacent parcel under
the provisions of this Section.
d. The owner intends to occupy one of the housing units located on a lot
created by the parcel map as their principal residence for a minimum of three
years from the date of the recording of the parcel map.
e. Rental terms of any unit created by the subdivision shall not be less than
31 consecutive days, nor shall rental terms allow termination of the tenancy
prior to the expiration of at least one thirty-one (31) day period of occupancy
by the same tenant.
f. The uses allowed on a lot created by the parcel map shall be limited to
residential uses.
D. Design and Improvement Requirements
1. A parcel map may subdivide an existing legal parcel to create no more than two
parcels of approximately equal lot area. One parcel shall not be smaller than 40
percent of the lot area of the original parcel proposed for subdivision and neither
parcel shall be smaller than 1,200 square feet.:
2. Each parcel must be served by a separate water service meter and a separate
sewer connection.
3. Each parcel shall either drain a developed drainage easement or in accordance
with the City’s Standard Specification and Engineering Standards.
4. Rights-of-way as required for access along all natural watercourses as
necessary for flood control, maintenance, and improvement shall be dedicated.
5. The parcel must satisfy the requirements of Government Code section
66411.7(a).
6. A lot line shall not bisect or be located within 4 feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three
years before the date of the parcel map;
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RESOLUTION NO.22-2361
PAGE 8
b. A structure designated as a historic structure or a candidate structure
under any City ordinance or included on the State Historic Resources
Inventory;
c. A dwelling that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income.
d. Existing easements if the resulting lot would create a developable area
that would interfere with the use of the easement for its intended purpose.
7. The location and orientation of new lot lines shall meet the following standards:
a. Front lot lines shall conform to the minimum public street frontage
requirements of the Development Code; a flag lot, or a lot with a narrow
projecting strip of land extending along a street, is not permitted.
b. Each parcel shall have approximately equal lot width and lot depth,
consistent with the minimum lot sizes described in subsection D, above. Lot
depth shall be measured at the midpoint of the front lot line. Lot width shall be
measured by a line connecting two points on opposite interior lot lines that
will result in a line parallel to the front lot line.
c. New lot lines must be straight lines, unless there is a conflict with existing
improvements or the natural environment in which case the line may be not
be straight but shall follow the appropriate course.
d. Lot lines facing a street shall generally be parallel to the street. Unless the
minimum public street frontage is provided, the lot line dividing the two
parcels must be parallel to and not less than 50 feet from an existing front lot
line, or outside the front half of the existing lot, whichever is greater.
e. Interior lot lines not facing the street shall be at right angles perpendicular
to the street on straight streets, or radial to the street on curved streets.
f. Lot lines shall be located within appropriate physical locations such as the
top of creek banks, at appropriate topographical changes (top or bottom of
slopes etc.) or at locations which clearly separate existing and proposed land
uses.
g. Lot lines shall be contiguous with existing zoning boundaries.
h. The placement of lot lines shall not result in an accessory building or
accessory use on a lot without a main building or primary use on the same
lot, as defined in the Development Code.
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RESOLUTION NO.22-2361
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i. Lot lines shall not render an existing structure as nonconforming in any
respect (e.g., setbacks, Floor Area Ratio, parking), nor increase the
nonconformity of an existing nonconforming structure.
E. Access Standards
1. Each lot shall front upon or have access to a public street, or be served by an
access easement serving no more than two lots. Access shall be provided in
compliance with these standards:
a. Vehicle access easements serving a maximum of two units shall meet the
following standards:
i. Easement width shall be a minimum of 10 feet and a maximum of 16 feet,
unless a wider driveway is required by the California Fire Code due to
distance of the structure from the easement, or as needed to meet the
driveway and parking standards in the City’s standards.
ii. The minimum length for a vehicle access easement is 20 feet. No
maximum easement length shall be set. If easement length is more than
75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 3 feet to the easement.
b. Vehicle access easements serving three to four units shall meet the
following standards:
i. Easement width shall be a minimum of 20 feet.
ii. The minimum length for a vehicle access easement is 20 feet. No
maximum easement length shall be set. If easement length is more than
75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 5 feet to the easement.
c. Where a lot does not abut a public street, and where no automobile
parking spaces are required or proposed for the residential development, a
vehicle access easement is not required. An easement providing pedestrian
access to a street from each lot shall be provided meeting the following
standards:
i. Easement width shall be a minimum of five feet;
ii. Pedestrian access easements shall not exceed 200 feet in length.
2. Vehicle access easements shall not be located closer than 25 feet to an
intersection.
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RESOLUTION NO.22-2361
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3. Access and provisions for fire protection consistent with the California Fire Code
shall be provided for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and
turnaround dimensions shall meet the requirements of the California Fire Code,
the City’s Design Standards, and the parking design standards in the
Development Code.
5. Lots taking access by an easement must record a shared maintenance
agreement for the driveway. The agreement shall be recorded prior to or
concurrently with the final map.
F. Map Requirements
1. The content and form of a parcel map shall meet all the requirements of
Government Code sections 66444 – 66450.
2. The parcel map shall show all easements for public utilities necessary to serve
each lot created by the subdivision.
3. The parcel map shall show all easements necessary to provide each lot with
access to the public or private street or alley abutting the original parcel.
4. The parcel map shall contain a declaration that:
a. Each lot created by the parcel map shall be used solely for residential
dwellings;
b. That rental of any dwelling unit on a lot created by the parcel map shall
not be less than 31 consecutive days, nor shall rental terms allow termination
of the tenancy prior to the expiration of at least one 31-day period occupancy
by the same tenant.
G. Concurrent Processing With Other Ministerial Permits for Housing Development
1. No development, including grading or vegetation removal, shall commence on
either lot, concurrent or subsequent to an urban lot split, unless it is approved
with a valid building permit for the construction of a housing development and
complies with all the objective development and design standards outlined for
two-unit residential development or accessory dwelling units in this Code, or any
other adopted objective design standards in effect at the time a complete
application is submitted.
2. A building permit for development on an urban lot split cannot be issued until the
parcel map is recorded.
3. The City Engineer shall deny an urban lot split if the building official has made a
written finding, based upon a preponderance of the evidence, that the proposed
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RESOLUTION NO.22-2361
PAGE 11
housing development project would have a specific, adverse impact, as defined
and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the
Government Code, upon public health and safety or the physical environment
and for which there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact.
H. Prohibition of Further Subdivision
A lot created by a parcel map under this Section shall not be further subdivided.
SECTION 3. Section 16.32.060 is hereby added to Title 16, Chapter 32 of the Arroyo
Grande Municipal Code to read as follows:
Section 16.32.060 Two-Unit Residential Development
A. Purpose and Intent.
1. It is the intent of these regulations to provide opportunities for two units on one
legal parcel, consistent with state law and local regulations. In the event of an
inconsistency between this Section and Government Code Section 65852.21,
Government Code Section 65852.21 shall prevail. Provided that Government
Code Sections 65852.21 or 66411.7 are not repealed, qualifying two-unit
residential development in the single family zoning districts shall be located,
developed, and used in compliance with this Section.
2. In accordance with Government Code Section 65852.21(a)(2), two-unit
residential development shall not be permitted under this Section in any of the
following circumstances:
a. Parcels located in:
i. Wetlands;
ii. Either prime farmland or farmland of statewide importance, as defined
pursuant to United States Department of Agriculture land inventory and
monitoring criteria, as modified for California, and designated on the maps
prepared by the Farmland Mapping and Monitoring Program of the
Department of Conservation;
iii. Very high fire severity zones, except if the site has adopted fire hazard
mitigation measures pursuant to existing building standards or state fire
mitigation measures applicable to the development;
iv. A hazardous waste site, unless the site has been cleared by the State for
residential use;
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v. Delineated earthquake fault zones, unless the development complies with
applicable seismic protection building code standards;
vi. Special flood hazard areas (100-year flood zones), unless the site has
been subject to a FEMA Letter of Map Revision issued to the City or the
site meets FEMA requirement necessary to meet minimum flood plain
management criteria of the National Flood Insurance Program;
vii. A regulatory flood way identified in a FEMA map, unless the development
has received a no-rise certification;
viii. Lands identified for conservation in an adopted natural resource
protection plan, habitat for protected species, or under a conservation
easement; and
ix. A historic district or property designated pursuant to a local ordinance or
included on the State Historic Resources Inventory.
b. The proposed development would require demolition or alteration of any
of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to moderate, low, or very low incomes;
ii. A unit that has been occupied by a tenant within the past three years; and
iii. A rent controlled unit.
c. The proposed development would result in the demolition of more than 25
percent of the existing exterior structural walls, unless the site has not been
occupied by a tenant in the last three years.
d. The building official finds that the proposed development would have a specific,
adverse impact on public health and safety or the physical environment that cannot be
feasibly mitigated or avoided, as defined and determined in paragraph (2) of subdivision
(d) of Government Code Section 65589.5.
B. Restrictions.
A qualifying two-unit residential project shall be subject to the following
restrictions:
1. The development and use of the dwelling units shall only be valid and
permitted based on the terms established in the Section.
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2. The dwelling unit(s) shall not be rented for a period of less than thirty-one
(31) consecutive days, nor shall rental terms allow termination of the
tenancy prior to the expiration of at least one thirty-one (31) day period
of occupancy by the same tenants.
C. Unit Configurations
The new unit in a two-residential unit development may be permitted in the
following configurations. For the purpose of this section, “unit” means any
dwelling unit, including, but not limited to, two-unit residential development,
additional residential unit, primary residential unit, accessory dwelling unit, or
junior accessory dwelling unit.
1. One new unit incorporated entirely within an existing residential unit.
2. One new unit incorporated entirely within an existing accessory building,
including garages.
3. One new unit attached to and increasing the size of an existing residential
unit or an existing accessory building.
4. One new unit detached from and located on the same lot as an existing
unit. A unit that is attached to another detached accessory building,
but not another residential unit, or is attached by a breezeway or
porch, is considered detached.
5. Two newly constructed attached units (duplex) or two detached residential
units on a vacant lot.
6. A two-unit residential development in any of the configurations described
above may be added to a newly created lot concurrently with an
approval for a parcel map for an urban lot split, pursuant to AGMC
Section 16.20.180, Parcel Maps for Urban Lot Splits.
7. Up to two accessory dwelling units pursuant to AGMC Section 16.52.150,
Accessory Dwelling Units, may be proposed in addition to the two units
constructed pursuant to this Section. Only one accessory dwelling unit
may be added to a lot created through an Urban Lot Split.
D. Parking.
1. No parking shall be required for dwelling units developed pursuant to this
Section.
E. Rear and Side Setbacks.
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RESOLUTION NO.22-2361
PAGE 14
1. No setback shall be applied to existing structures or structures
constructed in the same location and to the same dimensions as an
existing structure.
2. For projects not meeting the requirements of subsection 1 above, a
minimum four-foot setback shall be provided from side and rear lot
lines.
F. Objective Zoning and Design Standards for Two-Unit Residential Developments.
Government Code Section 65852.21 permits the imposition of objective zoning
standards and objective design standards. Accordingly, the follow objective standards
shall apply to two-unit residential development projects:
1. Massing and Articulation
a. Maximum Unit Size: The total gross floor area of the unit(s), excluding
garages, shall not exceed the floor-area ratios maximums found in
Section 16.32.050 of this Title. These maximums, however, shall not
preclude the construction of at least two (2) 1,200 square foot units per
lot.
b. Building Separation: detached dwelling units shall have a minimum of 10
feet of separation whether the units are on one lot or adjacent lots.
c. Height: The maximum height of a unit developed pursuant to this Section
shall be 30-feet.
d. Rooftop decks shall be permitted in accordance with Section 16.48.180 of
this Title.
2. Colors and Materials
a. The primary cladding shall be stone, brick, fiber cement, composite wood
or stone, wood, stucco, or other cementitious material. Plywood, such as
T1-11 siding, is prohibited.
b. Color schemes shall consist of one primary color and at least one
secondary color, at a minimum. The roof color shall not be considered a
color for purposes of this standard.
3. Parking and Circulation
a. When parking is proposed, the parking areas shall not be located
between a structure and a public sidewalk within the front setback, with
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RESOLUTION NO.22-2361
PAGE 15
the exception of permitted driveways. When parking areas are located in
the front yard, outside of the front setback, a landscape buffer of at least
10 feet between the sidewalk and parking area shall be provided.
b. All parking areas serving more than one unit shall be internally connected
and shall use shared driveways.
4. Utility and Service Areas
a. All new dwelling units must connect to City utilities in accordance with
Section 13.12.060 of Title 13.
b. Areas for the storage of trash, recycling, and green waste receptacles
shall not be visible from the public right of way.
c. All mechanical equipment shall be either screened or hidden from view
from the public street.
Ministerial Approval of Two-Unit Residential Development Projects.
1. The Community Development Director or his/her designee shall ministerially
review and approve a two-unit residential development application and shall not
require a public hearing, provided that the submitted application is complete and
demonstrates that the two-unit residential development project complies with the
requirements contained in this Title 16 and qualifies under Government Code
Section 65852.21(a).
2. In addition to obtaining planning approval for the two-unit residential
development project, the applicant shall be required to obtain a building permit,
and other applicable construction permit requirements prior to the construction of
the dwelling units.
SECTION 4. The adoption of this Ordinance is not considered a project, therefore is
statutorily exempt from the requirements of California Environmental Quality Act
(CEQA) pursuant to Division 13 (commencing with Section 21000) of the Public
Resources Code. The City Clerk shall file a Notice of Exemption from CEQA review in
accordance with CEQA Guidelines.
SECTION 5. 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.
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RESOLUTION NO.22-2361
PAGE 16
SECTION 6. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2022.
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RESOLUTION NO.22-2361
PAGE 17
___________________________________
CARON 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 295 of 386
California Department of Housing and Community Development
SB 9 Fact Sheet
On the Implementation of Senate Bill 9 (Chapter 162, Statutes
of 2021)
Housing Policy Development Division
March 2022
ATTACHMENT 6
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California Department of Housing and Community Development – SB 9 Fact Sheet
1
This Fact Sheet is for informational purposes only and is not intended to implement or
interpret SB 9. HCD does not have authority to enforce SB 9, although violations of SB 9
may concurrently violate other housing laws where HCD does have enforcement
authority, including but not limited to the laws addressed in this document. As local
jurisdictions implement SB 9, including adopting local ordinances, it is important to keep
these and other housing laws in mind. The Attorney General may also take independent
action to enforce SB 9. For a full list of statutes over which HCD has enforcement
authority, visit HCD’s Accountability and Enforcement webpage.
Executive Summary of SB 9
Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a
housing development with no more than two primary units in a single-family zone, the
subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates
the creation of up to four housing units in the lot area typically used for one single-family
home. SB 9 contains eligibility criteria addressing environmental site constraints (e.g.,
wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income
households, and the protection of historic structures and districts. Key provisions of the
law require a local agency to modify or eliminate objective development standards on a
project-by-project basis if they would prevent an otherwise eligible lot from being split or
prevent the construction of up to two units at least 800 square feet in size. For the
purposes of this document, the terms “unit,” “housing unit,” “residential unit,” and “housing
development” mean primary unit(s) unless specifically identified as an accessory dwelling
unit (ADU) or junior ADU or otherwise defined.
Single-Family Residential Zones Only
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A))
The parcel that will contain the proposed housing development or that will be subject to
the lot split must be located in a single-family residential zone. Parcels located in multi-
family residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB
9 mandates even if they allow single-family residential uses as a permitted use. While
some zones are readily identifiable as single-family residential zones (e.g., R-1 “Single-
Family Residential”), others may not be so obvious. Some local agencies have multiple
single-family zones with subtle distinctions between them relating to minimum lot sizes or
allowable uses. In communities where there may be more than one single-family
residential zone, the local agency should carefully review the zone district descriptions in
the zoning code and the land use designation descriptions in the Land Use Element of
the General Plan. This review will enable the local agency to identify zones whose primary
purpose is single-family residential uses and which are therefore subject to SB 9.
Considerations such as minimum lot sizes, natural features such as hillsides, or the
permissibility of keeping horses should not factor into the determination.
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California Department of Housing and Community Development – SB 9 Fact Sheet
2
Residential Uses Only
(Reference: Gov. Code, §§ 65852.21, subd. (a))
SB 9 concerns only proposed housing developments containing no more than two
residential units (i.e., one or two). The law does not otherwise change the allowable land
uses in the local agency’s single-family residential zone(s). For example, if the local
agency’s single-family zone(s) does not currently allow commercial uses such as hotels
or restaurants, SB 9 would not allow such uses.
Ministerial Review
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1))
An application made under SB 9 must be considered ministerially, without discretionary
review or a hearing. Ministerial review means a process for development approval
involving no personal judgment by the public official as to the wisdom of carrying out the
project. The public official merely ensures that the proposed development meets all the
applicable objective standards for the proposed action but uses no special discretion or
judgment in reaching a decision. A ministerial review is nearly always a “staff-level
review.” This means that a staff person at the local agency reviews the application, often
using a checklist, and compares the application materials (e.g., site plan, project
description, etc.) with the objective development standards, objective subdivision
standards, and objective design standards.
Objective Standards
(Reference: Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c))
The local agency may apply objective development standards (e.g., front setbacks and
heights), objective subdivision standards (e.g., minimum lot depths), and objective design
standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as they would
not physically preclude either of the following:
Up to Two Primary Units. The local agency must allow up to two primary units
(i.e., one or two) on the subject parcel or, in the case of a lot split, up to two primary
units on each of the resulting parcels.
Units at least 800 square feet in size. The local agency must allow each primary
unit to be at least 800 square feet in size.
The terms “objective zoning standards,” “objective subdivision standards,” and “objective
design review standards” mean standards that involve no personal or subjective judgment
by a public official and are uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the development applicant or
proponent and the public official prior to submittal. Any objective standard that would
physically preclude either or both of the two objectives noted above must be modified or
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California Department of Housing and Community Development – SB 9 Fact Sheet
3
waived by the local agency in order to facilitate the development of the project, with the
following two exceptions:
Setbacks for Existing Structures. The local agency may not require a setback
for an existing structure or for a structure constructed in the same location and to
the same dimensions as an existing structure (i.e., a building reconstructed on the
same footprint).
Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board
maximum four-foot side and rear setbacks. The local agency may choose to apply
a lesser setback (e.g., 0-4 feet), but it cannot apply a setback greater than four
feet. The local agency cannot apply existing side and rear setbacks applicable in
the single-family residential zone(s). Additionally, the four-foot side and rear
setback standards are not subject to modification. (Gov. Code, §§ 65852.21, subd.
(b)(2)(B); 66411.7, subdivision (c)(3).)
One-Unit Development
(Reference: Gov. Code, §§ 65852.21, subd. (a); 65852.21, subd. (b)(2)(A))
SB 9 requires the ministerial approval of either one or two residential units. Government
Code section 65852.21 indicates that the development of just one single-family home was
indeed contemplated and expected. For example, the terms “no more than two residential
units” and “up to two units” appear in the first line of the housing development-related
portion of SB 9 (Gov. Code, § 65852.21, subd. (a)) and in the line obligating local agencies
to modify development standards to facilitate a housing development. (Gov. Code, §
65852.21, subd. (b)(2)(A).)
Findings of Denial
(Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d))
SB 9 establishes a high threshold for the denial of a proposed housing development or
lot split. Specifically, a local agency’s building official must make a written finding, based
upon a preponderance of the evidence, that the proposed housing development would
have a specific, adverse impact, as defined in Government Code section 65589.5,
subdivision (d)(2), upon public health and safety or the physical environment and for
which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact. “Specific, adverse impact” means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public health or safety
standards, policies, or conditions as they existed on the date the application was deemed
complete. (Gov. Code, § 65589.5, subd. (d)(2).)
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California Department of Housing and Community Development – SB 9 Fact Sheet
4
Environmental Site Constraints
(Reference: Gov. Code, §§ 65852.21, subd. (a)(2) and (a)(6); 66411.7, subd. (a)(3)(C) and (a)(3)(E))
A proposed housing development or lot split is not eligible under SB 9 if the parcel
contains any of the site conditions listed in Government Code section 65913.4,
subdivision (a)(6)(B-K). Examples of conditions that may disqualify a project from using
SB 9 include the presence of farmland, wetlands, fire hazard areas, earthquake hazard
areas, flood risk areas, conservation areas, wildlife habitat areas, or conservation
easements. SB 9 incorporates by reference these environmental site constraint
categories that were established with the passing of the Streamlined Ministerial Approval
Process (SB 35, Chapter 366, Statutes of 2017). Local agencies may consult HCD’s
Streamlined Ministerial Approval Process Guidelines for additional detail on how to
interpret these environmental site constraints.
Additionally, a project is not eligible under SB 9 if it is located in a historic district or
property included on the State Historic Resources Inventory or within a site that is
designated or listed as a city or county landmark or as a historic property or district
pursuant to a city or county ordinance.
California Environmental Quality Act (CEQA)
Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n))
Because the approval of a qualifying project under SB 9 is deemed a ministerial action,
CEQA does not apply to the decision to grant an application for a housing development
or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply
to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must
not require an applicant to perform environmental impact analysis under CEQA for
applications made under SB 9. Additionally, if a local agency chooses to adopt a local
ordinance to implement SB 9 (instead of implementing the law directly from statute), the
preparation and adoption of the ordinance is not considered a project under CEQA. In
other words, the preparation and adoption of the ordinance is statutorily exempt from
CEQA.
Anti-Displacement Measures
(Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D))
A site is not eligible for a proposed housing development or lot split if the project would
require demolition or alteration of any of the following types of housing: (1) housing that
is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable
to persons and families of moderate, low, or very low income; (2) housing that is subject
to any form of rent or price control through a public entity’s valid exercise of its police
power; or (3) housing that has been occupied by a tenant in the last three years.
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California Department of Housing and Community Development – SB 9 Fact Sheet
5
Lot Split Requirements
(Reference: Gov. Code, § 66411.7)
SB 9 does not require a local agency to approve a parcel map that would result in the
creation of more than two lots and more than two units on a lot resulting from a lot split
under Government Code section 66411.7. A local agency may choose to allow more than
two units, but it is not required to under the law. A parcel may only be subdivided once
under Government Code section 66411.7. This provision prevents an applicant from
pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9
also does not require a local agency to approve a lot split if an adjacent lot has been
subject to a lot split in the past by the same property owner or a person working in concert
with that same property owner.
Accessory Dwelling Units
(Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (f))
SB 9 and ADU Law (Gov. Code, §§ 65852.2 and 65858.22) are complementary. The
requirements of each can be implemented in ways that result in developments with both
“SB 9 Units” and ADUs. However, specific provisions of SB 9 typically overlap with State
ADU Law only to a limited extent on a relatively small number of topics. Treating the
provisions of these two laws as identical or substantially similar may lead a local agency
to implement the laws in an overly restrictive or otherwise inaccurate way.
“Units” Defined. The three types of housing units that are described in SB 9 and related
ADU Law are presented below to clarify which development scenarios are (and are not)
made possible by SB 9. The definitions provided are intended to be read within the context
of this document and for the narrow purpose of implementing SB 9.
Primary Unit. A primary unit (also called a residential dwelling unit or residential
unit) is typically a single-family residence or a residential unit within a multi-family
residential development. A primary unit is distinct from an ADU or a Junior ADU.
Examples of primary units include a single-family residence (i.e., one primary unit),
a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.
Accessory Dwelling Unit. An ADU is an attached or a detached residential dwelling
unit that provides complete independent living facilities for one or more persons
and is located on a lot with a proposed or existing primary residence. It includes
permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel on which the single-family or multifamily dwelling is or will be situated.
Junior Accessory Dwelling Unit. A Junior ADU is a unit that is no more than 500
square feet in size and contained entirely within a single-family residence. A Junior
ADU may include separate sanitation facilities or may share sanitation facilities
with the existing structure.
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California Department of Housing and Community Development – SB 9 Fact Sheet
6
The terms “unit,” “housing unit,” “residential unit,” and “housing development” mean
primary unit(s) unless specifically identified as an ADU or Junior ADU or otherwise
defined. This distinction is critical to successfully implementing SB 9 because state law
applies different requirements (and provides certain benefits) to ADUs and Junior ADUs
that do not apply to primary units.
Number of ADUs Allowed. ADUs can be combined with primary units in a variety of
ways to achieve the maximum unit counts provided for under SB 9. SB 9 allows for up to
four units to be built in the same lot area typically used for a single-family home. The
calculation varies slightly depending on whether a lot split is involved, but the outcomes
regarding total maximum unit counts are identical.
Lot Split. When a lot split occurs, the local agency must allow up to two units on
each lot resulting from the lot split. In this situation, all three unit types (i.e., primary
unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit
could be reached on each lot by creating two primary units, or a primary unit and
an ADU, or a primary unit and a Junior ADU. By building two units on each lot, the
overall maximum of four units required under SB 9 is achieved. (Gov. Code, §
66411.7, subd. (j).) Note that the local agency may choose to allow more than two
units per lot if desired.
No Lot Split. When a lot split has not occurred, the lot is eligible to receive ADUs
and/or Junior ADUs as it ordinarily would under ADU law. Unlike when a project is
proposed following a lot split, the local agency must allow, in addition to one or two
primary units under SB 9, ADUs and/or JADUs under ADU Law. It is beyond the
scope of this document to identify every combination of primary units, ADUs, and
Junior ADUs possible under SB 9 and ADU Law. However, in no case does SB 9
require a local agency to allow more than four units on a single lot, in any
combination of primary units, ADUs, and Junior ADUs.
See HCD’s ADU and JADU webpage for more information and resources.
Relationship to Other State Housing Laws
SB 9 is one housing law among many that have been adopted to encourage the
production of homes across California. The following represent some, but not necessarily
all, of the housing laws that intersect with SB 9 and that may be impacted as SB 9 is
implemented locally.
Housing Element Law. To utilize projections based on SB 9 toward a jurisdiction’s
regional housing need allocation, the housing element must: 1) include a site-specific
inventory of sites where SB 9 projections are being applied, 2) include a nonvacant sites
analysis demonstrating the likelihood of redevelopment and that the existing use will not
constitute an impediment for additional residential use, 3) identify any governmental
constraints to the use of SB 9 in the creation of units (including land use controls, fees,
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California Department of Housing and Community Development – SB 9 Fact Sheet
7
and other exactions, as well as locally adopted ordinances that impact the cost and supply
of residential development), and 4) include programs and policies that establish zoning
and development standards early in the planning period and implement incentives to
encourage and facilitate development. The element should support this analysis with local
information such as local developer or owner interest to utilize zoning and incentives
established through SB 9. Learn more on HCD’s Housing Elements webpage.
Housing Crisis Act of 2019. An affected city or county is limited in its ability to amend
its general plan, specific plans, or zoning code in a way that would improperly reduce the
intensity of residential uses. (Gov. Code, § 66300, subd. (b)(1)(A).) This limitation applies
to residential uses in all zones, including single-family residential zones. “Reducing the
intensity of land use” includes, but is not limited to, reductions to height, density, or floor
area ratio, new or increased open space or lot size requirements, new or increased
setback requirements, minimum frontage requirements, or maximum lot coverage
limitations, or any other action that would individually or cumulatively reduce the site’s
residential development capacity. (Gov. Code, § 66300, subd. (b)(1)(A).)
A local agency should proceed with caution when adopting a local ordinance that would
impose unique development standards on units proposed under SB 9 (but that would not
apply to other developments). Any proposed modification to an existing development
standard applicable in the single-family residential zone must demonstrate that it would
not result in a reduction in the intensity of the use. HCD recommends that local agencies
rely on the existing objective development, subdivision, and design standards of its single-
family residential zone(s) to the extent possible. Learn more about Designated
Jurisdictions Prohibited from Certain Zoning-Related Actions on HCD’s website.
Housing Accountability Act. Protections contained in the Housing Accountability Act
(HAA) and the Permit Streaming Act (PSA) apply to housing developments pursued under
SB 9. (Gov. Code, §§ 65589.5; 65905.5; 65913.10; 65940 et seq.) The definition of
“housing development project” includes projects that involve no discretionary approvals
and projects that include a proposal to construct a single dwelling unit. (Gov. Code, §
65905.5, subd. (b)(3).) For additional information about the HAA and PSA, see HCD’s
Housing Accountability Act Technical Assistance Advisory.
Rental Inclusionary Housing. Government Code section 65850, subdivision (g),
authorizes local agencies to adopt an inclusionary housing ordinance that includes
residential rental units affordable to lower- and moderate-income households. In certain
circumstances, HCD may request the submittal of an economic feasibility study to ensure
the ordinance does not unduly constrain housing production. For additional information,
see HCD’s Rental Inclusionary Housing Memorandum.
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ATTACHMENT 7
San Luis Obispo County Important Farmland 2018 Source: California Department of Conservation
Page 304 of 386
1
ACTION MINUTES
MEETING OF THE ARCHITECTURAL REVIEW COMMITEE
April 18, 2022, 2:30 p.m.
Hybrid City Hall Conference Room/Virtual Zoom Meeting
Committee Members Present: Jon Couch, Kristin Juette, Warren Hoag,
Bruce Berlin
Committee Members Absent: Lori Mainini Hall
Staff Present: Community Development Director Brian
Pedrotti, Associate Planner 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
Chair Hoag called the meeting to order at 2:30 pm.
2.ROLL CALL
Chair Hoag performed the roll call. Committee Member Hall was absent.
3.FLAG SALUTE
Chair Hoag led the flag salute.
4.AGENDA REVIEW
None.
5.COMMUNITY COMMENTS AND SUGGESTIONS
Chair Hoag opened the public comment period. No public comment was received.
6.WRITTEN COMMUNICATIONS
Chair Hoag acknowledged the two Supplemental Memos containing public comment for Item 8.b.
7.CONSENT AGENDA
7.a Approval of Minutes
(PEREZ)
This item was continued to the next Regular Meeting due to a lack of quorum of Committee
Members that attended the March 21, 2022 Regular Meeting.
ATTACHMENT 8
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3
8.b Review of Objective Design Standards for Projects Proposed Under Senate Bill 9 (SB 9)
Committee Member Couch rejoined the meeting at 2:37 pm.
Acting Planning Manager Perez presented the staff report, explained the legislation and what it
permits. He summarized the objective design standards proposed by staff and the reasoning
behind each of them. He also answered questions from the Committee related to where parking
is permitted on residential properties.
Chair Hoag opened public comment.
Kevin Buchanan, Arroyo Grande Planning Commissioner, advocated for taller maximum heights
and larger unit sizes. He also wanted to ensure that the standards do not discourage SB 9
development.
Chair Hoag closed the public comment.
The Committee was not supportive of a one sizes fits all approach to the maximum units size
and felt that 1,200 square feet would be too restrictive for larger lots. The Committee suggested
using a sliding scale based on lot size to determine the maximum allowable unit size. The
Committee was in favor of a tiered approach to the maximum height limit depending on whether
the unit was located in the setback of the underlying setback for the district. The Committee was
not supportive of a prohibition of rooftop decks.
The Committee found the color and material standards proposed too restrictive and do not allow
for creativity. The Committee suggested revising the parking standards to specify that parking in
a driveway is allowed and adding a landscape buffer requirement to maintain aesthetics and
neighborhood character.
Moved by Bruce Berlin
Seconded by Kristin Juette
Recommendation to the Planning Commission to recommend adoption of the objective design
standards as revised by the ARC.
AYES (4): Jon Couch, Kristin Juette, Warren Hoag, and Bruce Berlin
ABSENT (1): Lori Mainini Hall
Passed (4 to 0)
9.DISCUSSION ITEMS
9.a Election of Chair and Vice Chair
Vice Chair Berlin nominated Chair Hoag to remain Chairperson for the next year. Committee
Member Juette made a motion, seconded by Vice Chair Berlin, to serve as Chairperson until the
first regular meeting in March 2023. The motion passed unanimously.
Chair Hoag nominated Vice Chair Berlin to remain Vice Chair for the next year. Chair Hoag
made a motion, seconded by Committee Member Juette, to serve as Vice Chair until the first
regular meeting in March 2023. The motion passed unanimously.
Page 306 of 386
Item 9.c.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director
SUBJECT: Consideration of 5-Year Review of Local Sales Tax
DATE: May 24, 2022
SUMMARY OF ACTION:
Conduct a public hearing to review and approve the continuation of the local sales tax.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Total revenue received from FY 2016-17 to FY 2020-21 was $11.8 million and total
expenditures were $8.8 million. Revenue from the local sales tax in FY 2021 -22 is
projected to be approximately $2.8 million and is anticipated to grow modestly during the
next five-year period. The beginning fund balance is $4.7 million. Expenditures, including
carryover of unfinished projects from prior years, are estimated at $3.1 million in FY 2021 -
22, which will result in an ending fund balance of approximately $4.5 million.
RECOMMENDATION:
Conduct the public hearing, receive and file the 5-year report covering the period of July
2016 through June 2021, and approve continuation of the local sales tax.
BACKGROUND:
In November 2006, the voters of Arroyo Grande approved Measure O -06, which
established a half-percent local sales tax to meet City needs identified in the City’s long-
range financial plan. As a result of this voter-approved 0.5% local sales tax, the total sales
tax rate in Arroyo Grande has been 7.75% since April 1, 2007, when Measure O -06
became operative. The total sales tax rates in other nearby jurisdic tions, as of April 1,
2022, are provided in Table 1 for reference:
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Item 9.c.
City Council
Consideration of 5-Year Review of Local Sales Tax
May 24, 2022
Page 2
Table 1
Sales & Use Tax Rates (Effective April 1, 2022)
Advisory Measures K-06, L-06, M-06, and N-06 were placed on the ballot alongside
Measure O-06 to ask voters if a portion of the revenue from the sales tax should be used
to fund specific needs identified in the City's long-range financial plan. Advisory Measure
K-06 (transportation improvements) asked:
If the proposed sales tax measure is approved, should a portion of the
proceeds be used to fund transportation improvements, including, but not
limited to, upgrade of the Brisco Road/Halcyon Road – Highway 101
Interchange?
This Advisory Measure passed favorably by 70.45%.
City Rate County
Monterey 9.25%Monterey
Salinas 9.25%Monterey
Carmel-by-the-Sea 9.25%Monterey
Del Rey Oaks 9.25%Monterey
Gonzales 8.75%Monterey
Greenfield 9.50%Monterey
King City 8.75%Monterey
Marina 9.25%Monterey
Pacific Grove 8.75%Monterey
Sand City 8.75%Monterey
Seaside 9.25%Monterey
Soledad 9.25%Monterey
Arroyo Grande 7.75%San Luis Obispo
Atascadero 8.75%San Luis Obispo
Grover Beach 8.75%San Luis Obispo
Morro Bay 8.75%San Luis Obispo
Paso Robles 8.75%San Luis Obispo
Pismo Beach 7.75%San Luis Obispo
San Luis Obispo 8.75%San Luis Obispo
Unincorporated SLO County 7.25%San Luis Obispo
Goleta 7.75%Santa Barbara
Santa Barbara 8.75%Santa Barbara
Santa Maria 8.75%Santa Barbara
Carpinteria 9.00%Santa Barbara
Guadalupe 8.75%Santa Barbara
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Item 9.c.
City Council
Consideration of 5-Year Review of Local Sales Tax
May 24, 2022
Page 3
Advisory Measure L-06 (infrastructure improvements) asked:
If the proposed sales tax measure is approved, should a portion of the
proceeds be used to fund maintenance and upgrade of City’s infrastructure,
including, but not limited to, street maintenance and improvements,
upgrade of the drainage system, and projects to prevent pollution, erosion
and sedimentation in the creek system from storm water runoff?
This Advisory Measure passed favorably by 68.57%.
Advisory Measure M-06 (public safety equipment, staffing, facilities) asked:
If the proposed sales tax measure is approved, should a portion of the
proceeds be used to fund public safety expenses, including, but not limited
to, expansion of the Police Station, purchase of Fire apparatus, and
additional Fire Department staffing?
This Advisory Measure passed favorably by 59.89%.
Advisory Measure N-06 (improving City facilities/ADA compliance) asked:
If the proposed sales tax measure, is approved, should a portion of the
proceeds be used to fund improvements to City facilities to meet Federal
Americans with Disabilities Act (ADA) requirements, including, but not
limited to, upgrade of the City Hall Complex?
This Advisory Measure did not pass, receiving 58.85% "No" votes.
The Advisory Measures are not legally binding; however, they provide important
information to the City to help establish funding priorities and the City has spent its
Measure O-06 funds consistent with the advisory measures’ directions since 2007.
On May 12, 2015, the City Council confirmed that “infrastructure improvements” funded
through Measure O-06 revenue may also include information technology infrastructure,
such as network servers, switches and enterprise-wide software.
To ensure accountability, Measure O-06 required: 1) the City to publish and distribute an
annual report to each household on the revenues and expenditures from the sales tax
proceeds; and 2) a review and public hearing by the City Council every five years to
determine whether the sales tax is necessary to remain in effect. The first 5-year review
occurred on April 10, 2012, the second 5-year review occurred on April 11, 2017, and it is
now time for the third review, which will address the period of July 2016 to June 2021.
Page 309 of 386
Item 9.c.
City Council
Consideration of 5-Year Review of Local Sales Tax
May 24, 2022
Page 4
ANALYSIS OF ISSUES:
Local Sales Tax History
Attachment 2 presents a revenue and expenditure history of all local sales tax funds
received during fiscal years 2016-17 through 2020-21. Approximately $8.8 million was
spent over the five-year period. The most significant percentage of funding has been used
for street and park improvements, with 48% of funds dedicated to this purpose. Nearly
27% of expenditures were used in enhancing public safety services, 9% for drainage
improvements, 8% for City facilities, and 8% for transportation projects. Therefore, the
funds have been utilized for the purposes intended and expenditures reflect the priorities
identified by the community.
Local Sales Tax Projections and the Updated 5-Year Plan
Attachment 3 includes a proposed updated 5-Year Plan for expenditures of local sales tax
funds. The proposed 5-Year Plan continues to maintain funding for the City’s highest
priorities as outlined when the Measure was proposed. Over the upcoming 5-year period,
approximately $18.5 million is proposed to be allocated to multi-year projects. Some of the
most significant projects and spending items are outlined in the following sections.
Street and Sidewalk Improvements
The 5-Year Plan maintains $942,800 - $3,641,763 annually for the Pavement
Management Program and approximately $630,000 for sidewalk and other street
improvements. In addition, $110,000 is identified to complete Guardrail Replacements
around the City. In total, over $9.7 million is allocated over the five-year period for street and
sidewalk improvements. As detailed in a staff report presented at the April 26, 2022 City
Council meeting and its attached 2022 Pavement Management Plan Update, this amount
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Item 9.c.
City Council
Consideration of 5-Year Review of Local Sales Tax
May 24, 2022
Page 5
falls well short of the funding required to maintain the City’s streets at current Fair-Poor
conditions.
Five Cities Fire Authority
Local sales tax funds have been instrumental in paying for enhancements to fire and
emergency response operations prior to and following formation of the Five Cities Fire
Authority (FCFA). Annually, over $2.9 million is programmed from the local sales tax fund
for this purpose on an ongoing basis. Under the current terms of the FCFA Joint Powers
Agreement (JPA), additional funding will be needed in order to increase staffing at the
Oceano Fire Station, which provides services to the western part of Arroyo Grande, and to
provide the level of service to the community called for in the FCFA’s Strategic Plan. The
City utilizes local sales tax revenue to pay for 25% of its share of current costs under the
JPA. Any reduction or elimination of local sales tax funds would significantly impact the City’s
ability to provide critical public safety services. In addition, local sales tax funds are needed
to pay for two equipment needs: 1) the City’s share of debt service costs for the replacement
of a Type III Wildland Fire Engine and Ladder Truck; and 2) the replacement of the Fire
Station 1 Generator estimated to cost $544,000, with San Luis Obispo County Office of
Emergency Services, CA Nuclear Power Preparedness (NPP) Program grant funds paying
50% of the costs and the City’s local sales tax fund paying the remaining 50%.
Police Services
The 5-Year Plan includes ongoing funding for one Police Senior Officer position, the City’s
required contribution for the countywide Narcotics Task Force (NTF), and a portion of the
Public Safety Video Camera Capital Improvement Project. These are critical to the ongoing
operations of the Police Department, and any reduction or elimination of local sales tax funds
would significantly impact the City’s ability to provide critical public safety services. The
funding of one Senior Officer position is an important component in the Police Department’s
investigations division. Participating in the NTF allows the City to utilize staffing from other
police agencies and the Sheriff’s Office when dealing with narcotics related crimes. The
Public Safety Video Cameras will replace the failed public safety video system with a local
vender in order to monitor City buildings and identified intersections. Additionally, the Police
Firing Range contract expires in FY 2024-25 and, if this contract is not renewed, the City is
responsible for lead abatement and returning the premises back to its original condition. The
costs of this effort are included in the proposed Updated 5-Year Plan.
Transportation Projects
Approximately $2 million in transportation related projects are included in the Updated 5-
Year Plan. The 5-Year Plan provided in Attachment 3 does not include local sales tax
funding for the Brisco/Halcyon Intersection Project, which was previously programmed to
use $1.2 million in local sales tax revenue for construction in future years. On April 26, 2022,
Council received an update regarding the project and consideration of design services
proposals. At that time, Council provided direction to staff to pursue a funding from the
United States Department of Transportation’s Multimodal Project Discretionary Grant
Page 311 of 386
Item 9.c.
City Council
Consideration of 5-Year Review of Local Sales Tax
May 24, 2022
Page 6
program with the intent of the grant application is to fully fund the project through grants and
otherwise-identified impact fee revenue.
City Facilities
Over the past five years, approximately $660,000 has been expended improving City
facilities, in particular the Council Chambers Accessibility Project and upgrades to the
Corporation Yard and Mark M. Millis Community Center. Included in the 5-Year Plan are
funds to improve several City facilities, including the Elm Street Park Playground Structure
update, Open Space Fuel Management, Le Point Street Parking Lot Expansion, a portion
of the Financial Management Software upgrade, and various IT replacement and expansion
projects. Approximately $1.7 million in City facilities-related projects are budgeted in the 5-
Year Plan.
Budget Development
The 5-Year Capital Improvement Program and 5-Year Local Sales Tax Fund Expenditures
are being reviewed at tonight’s meeting during Item 11a. Efforts are currently underway to
develop the FY 2022-23 Mid-Cycle Budget, which may propose changes to the 5-Year Plan
as currently presented in Attachment 3, for informational purposes.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Conduct the public hearing, receive and file the 5-Year local sales tax report, and
approve staff’s recommendation to maintain the local sales tax;
2. Conduct the public hearing, receive and file the 5-Year local sales tax report, do not
approve staff’s recommendation to maintain the local sales tax, and direct staff to
prepare a measure for voter consideration to eliminate the local sales tax at either a
special election or as part of the November 2022 ballot; or
3. Provide other direction to staff.
ADVANTAGES:
Maintaining the local sales tax funds is critical to meeting the City’s future infrastructure
maintenance, public safety and operating funding needs.
DISADVANTAGES:
Maintaining the existing local sales tax creates additional costs to the City’s visitors and
residents.
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.
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Item 9.c.
City Council
Consideration of 5-Year Review of Local Sales Tax
May 24, 2022
Page 7
Attachments:
1. Measure O-06 Advisory Measures
2. Local Sales Tax History FY 2016-2021
3. Local Sales Tax 5-Year Revenue and Expenditure Projections
Page 313 of 386
RESOLUTION NO. 3979
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENTS WITH THE STATE BOARD OF
EQUALIZATION FOR IMPLEMENTATION OF A ,LOCAL
TRANSACTIONS AND USE TAX
WHEREAS, on July 25, 2006, the City Council approved Ordinance No. 579 amending the
City of Arroyo Grande Municipal Code and providing for a local transactions and use tax; and
WHEREAS, the State Board of EqualizaHon ("Board") administers and collects the
transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Board will be responsible to administer and collect the transactions and use
tax for the City; and
WHEREAS, the Board requires that the City enter into a "Preparatory Agreement" and an
Administration Agreement" prior to implementation of said taxes, and
WHEREAS, the Board requires that the City Council authorize the agreements.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Arroyo Grande that
the "Preparatory Agreement" attached as Exhibit A and the "Administrative Agreement"
attached as Exhibit B are hereby approved and the City Manager is hereby authorized to
execute each agreement.
On motion by Council Member Dickens, seconded by Council Member Amold, and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Dickens, Arnold, Costello, Guthrie, and Mayor Ferrara
None
None
the foregoing Resolution was adopted this 11th day of December, 2006.
ATTACHMENT 1
Page 314 of 386
RESOLUTION NO. 3'171
PAGE 2
TONY FER
ATTEST:
E, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TI L, TY ATTORNEY
2
Page 315 of 386
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance
with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code, the City of Arroyo Grande, hereinafter called City, and the STATE BOARD OF
EQUALIZATION, hereinafter called Board, do agree as follows:
I. The Board agrees to enter into work to prepare to administer and operate a transactions and
use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been
approved by a majority of the electors of the City and whose ordinance has been adopted by the City.
2. City agrees to pay to the Board at the times and in the amounts hereinafter specified all of
the Board's costs for preparatory work necessary to administer the City's transactions and use tax
ordinance. The Board's costs for preparatory work include costs of developing procedures,
programming for data processing, developing and adopting appropriate regulations, designing and
printing forms, developing instructions for the Board's staff and for taxpayers, and other appropriate
and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall
include both direct and indirect costs as specified in Section 11256 of the Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal
accounting and personnel records currently maintained by the Board. The billings for costs may be
presented in summary form. Detailed records of preparatory costs will be retained for audit and
verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Board shall be referred to
the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Board shall be billed by the Board periodically, with the
final billing within a reasonable time after the operative date of the ordinance. City shall pay to the
Board the amount of such costs on or before the last day of the next succeeding month following the
month when the billing is received.
6. The amount to be paid by City for the Board's preparatory costs shall not exceed one
hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
Page 316 of 386
7. Communications and notices may be sent by first class United States mail.
Communications and notices to be sent to the Board shall be addressed to:
STATE BOARD OF EQUALlZA nON
P. O. BOX 942879
SACRAMENTO, CALIFORNIA 94279-0073
ATTENTION: EXECUTIVE DIRECTOR
Communications and notices to be sent to City shall be addressed to:
City Manager
City of Arrovo Grande
P.O. Box 550, Arroyo Grande, CA 93421
8. The date of this agreement is the date on which it is approved by the Department of General
Services. This agreement shall continue in effect until the preparatory work necessary to administer
City's transactions and use tax ordinance has been completed and the Board has received all payments
due from City under the tenns of this agreement.
CITY OF ARROYO GRANDE STATE BOARD OF EQUALIZATION
By By
Executive Director)Signature)
Steven Adams
Typed Name)
Citv Manager
Title)
Rev. 11/02)
2
Page 317 of 386
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Arroyo Grande has adopted, and the voters of the City of
Arroyo Grande (hereafter called "City" or "District") have approved by the required majority vote, the
City of Arroyo Grande Transactions and Use Tax Ordinance (hereafter called "Ordinance"), a copy of
which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and
Taxation Code and the Ordinance, the State Board of Equalization, (hereinafter called the "Board") and
the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement,
they shall be interpreted to mean the following:
I. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed
under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in
compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to
above and attached hereto, Ordinance No. 579, as amended from time to time, or as deemed to be
amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRA nON AND COLLECTION
OF CITY TAXES
A. Administration. The Board and City agree that the Board shall perform exclusively all
functions incident to the administration and operation of the City Ordinance.
Page 318 of 386
B. Other Applicable Laws. City agrees that all provIsIOns of law applicable to the
administration and operation of the State Sales and Use Tax Law which are not inconsistent with Part
1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and
operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may
be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from
that Fund for any authorized purpose, including making refunds, compensating and reimbursing the
Board pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is
entitled.
C. Transmittal of money.
I. For the period during which the tax is in effect, and except as otherwise provided herein, all
district taxes collected under the provisions of the City Ordinance shall be transmitted to City
periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City's self-imposed
limits or by final judgment of any court of the State of California holding that City's ordinance is
invalid or void, all district taxes collected under the provisions of the City Ordinance shall be
transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City
designated and authorized by the City. A statement shall be furnished at least quarterly indicating the
amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Board shall prescribe and adopt such rules and regulations as in its judgment
are necessary or desirable for the administration and operation of the City Ordinance and the
distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this
Agreement, the Board shall give no preference in applying money received for state sales and use
taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a
taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties,
cities and counties, redevelopment agencies, other districts, and City as their interests appear.
Rev. 1/05 2
Page 319 of 386
F. Security. The Board agrees that any security which it hereafter requires to be furnished by
taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available
for the payment of the claims of City for district taxes owing to it as its interest appears. The Board
shall not be required to change the terms of any security now held by it, and City shall not participate in
any security now held by the Board.
G. Records of the Board.
When requested by resolution of the legislative body of the City under section 7056 of the
Revenue and Taxation Code, the Board agrees to permit authorized personnel of the City to examine
the records of the Board, including the name, address, and account number of each seller holding a
seller's permit with a registered business location in the City, pertaining to the ascertainment of
transactions and use taxes collected for the City. Information obtained by the City from examination of
the Board's records shall be used by the City only for purposes related to the collection of transactions
and use taxes by the Board pursuant to this Agreement.
H. Annexation. City agrees that the Board shall not be required to give effect to an
annexation, for the purpose of collecting, allocating, and distributing District transactions and use
taxes, earlier than the first day of the calendar quarter which commences not less than two months after
notice to the Board. The notice shall include the name of the county or counties annexed to the
extended City boundary. [n the event the City shall annex an area, the boundaries of which are not
coterminous with a county or counties, the notice shall include a description of the area annexed and
two maps of the City showing the area annexed and the location address of the property nearest to the
extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCA T[ON OF TAX
A. Allocation. In the administration of the Board's contracts with all districts that impose
transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the
Revenue and Taxation Code:
Rev. 1105 3
Page 320 of 386
J. Any payment not identified as being in payment of liability owing to a designated
district or districts may be apportioned among the districts as their interest appear, or, in the discretion
of the Board, to all districts with which the Board has contracted using ratios reflected by the
distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the Board,
and all amounts refunded or credited may be distributed or charged to the respective districts in the
same ratio as the taxpayer's self-declared district taxes fo'r the period for which the determination,
billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to
vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for
registration or on the certificate of ownership may be used by the Board in determining the place of
use.
ARTICLE IV
COMPENSA nON
The City agrees to pay to the Board as the Board's cost of administering the City Ordinance
such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the
Board for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States
mail to the addresses listed below, or to such other addresses, as the parties may from time to time
designate. A notification is complete when deposited in the mail.
Rev. 1/05 4
Page 321 of 386
Communications and notices to be sent to the Board shall be addressed to:
State Board of Equalization
P.O. Box 942879
Sacramento, California 94279-0073
Attention: Executive Director
Communication~ and notices to be sent to the City shall be addressed to:
Citv of Arrovo Grande
P.O. Box 550
Arrovo Grande. California 93421
Attention: Citv Manager
Unless otherwise directed, transmittals of payment of District transactions and use taxes
will he sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of
General Services. The Agreement shall take effect on April I. 2007. This Agreement shall continue
until December 3 I next following the expiration date of the City Ordinance, and shall thereafter be
renewed automatically from year to year until the Board completes all work necessary to the
administration of the City Ordinance and has received and disbursed all payments due under that
Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Board written notice of the repeal of
the City Ordinance not less than 110 days prior to the operative date of the repeal.
Rev ]/05 5
Page 322 of 386
ARTICLE VI
ADMINISTRA TION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the
City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under
Article II. c., until a court of competent jurisdiction renders a final and non-appealable judgment that
the tax is valid.
2. If the tax is determined to' be unconstitutional or otherwise invalid, the City shall
transmit to the Board the moneys retained in escrow, including any accumulated interest, within ten
days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-
appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of
Cali fornia, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to
taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
I. Board may retain all payments made by City to Board to prepare to administer the City
Ordinance.
2. City will pay to Board and allow Board to retain Board's cost of administering the City
Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Board or to the State of Cali fomi a the amount of any taxes plus interest
and penalties, if any, that Board or the State of California may be required to rebate or refund to
taxpayers.
Rev. 1105 6
Page 323 of 386
4. City will pay to Board its costs for rebating or refunding such taxes, interest, or
penalties, Board's costs shall include its additional cost for developing procedures for processing the
rebates or refunds, its costs of actually making these refunds, designing and printing forms, and
developing instructions for Board's staff for use in making these rebates or refunds and any other costs
incurred by Board which are reasonably appropriate or necessary to make those rebates or refunds.
These costs shall include Board's direct and indirect costs as specified by Section 11256 of the
Government Code,
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and
personnel records currently maintained by the Board. The billings for such costs may be presented in
summary form, Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Board in refunding taxes shall 'be
referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Board in connection with such refunds shall be billed by Board on or
before the 25th day of the second month following the month in which the judgment of a court of the
State of California holding City's Ordinance invalid or void becomes final. Thereafter Board shall bill
City on or before the 25th of each month for all costs incurred by Board for the preceding calendar
month. City shall pay to Board the amount of such costs on or before the last day of the succeeding
month and shall pay to Board the total amount of taxes, interest, and penalties refunded or paid to
taxpayers, together with Board costs incurred in making those refunds.
CITY OF STATE BOARD OF EQUALIZATION
By By
Signature)Executive Director)
Steven Adams
Typed Name)
Citv Manager
Title)
Rev 1/05 7
Page 324 of 386
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 3979 is a true, full, and correct copy of said Resolution passed and
adopted at a special meeting of the City Council of the City of Arroyo Grande on the 11 th
day of December 2006.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of
December 2006.
N---
RE, CITY CLERK
Page 325 of 386
Item 2016-17 2017-18 2018-19 2019-20 2020-21 5-Year Total
Castillo Del Mar Road Improvements - - 8,240 21,257 399,614 429,111
East Branch St Streetscape 2,881 9,305 10,879 11,353 - 34,418
Swinging Bridge Reinforcement 28,997 17,616 2,791 27,049 29,417 105,869
Traffic Way Bridge Improvements - - 14,841 73,687 33,173 121,702
Subtotal Transportation 31,878 26,921 36,751 133,346 462,204 691,099
Pavement Management Program 703,646 672,920 298,305 625,089 - 2,299,960
Striping and Sidewalk Improvements 27,936 143,808 103,893 133,105 138,602 547,344
Oak Park Rehabilitation Project 164,617 - - - - 164,617
Street Maintenance 196,704 242,004 - - - 438,708
Construction Management/Inspection 43,600 104,400 - - - 148,000
Alpine St Waterline & Street Imp - 6,128 - - - 6,128
Soto Complex ADA Improvements Phase II 272 - - - - 272
Soto Complex ADA Improvements Phase III - 13,056 1,513 - - 14,569
Le Point St Parking Lot 553,332 - - - - 553,332
E. Grand Ave Master Plan - 12,882 - - - 12,882
Subtotal Street/Park Improvements 1,690,107 1,195,198 403,712 758,194 138,602 4,185,812
Retention Basin Maintenance 27,700 - - - - 27,700
Vard Loomis Drainage Improvements - - - - 31,432 31,432
Retention Basin Maintenance - 28,300 - - - 28,300
Corporation Yard Stormwater Imp - 1,682 - 5,888 - 7,569
Stormwater Stream Monitoring - 8,504 8,310 10,834 9,205 36,852
Sierra/Hillcrest Drainage Design - 12,015 108,409 255 - 120,679
Open Channel Maintenance (Env & Permit)2,214 485 - - - 2,699
CMP Replacements - 725 16,486 207,930 18,500 243,641
Oak Park/El Camino Storm Drain - - 136,608 29,060 165,668
El Camino Real Drainage Pipe 67,675 - - - - 67,675
Stormwater Annual Permit & Program 12,777 12,524 8,539 13,596 8,992 56,428
Subtotal Drainage Improvements 110,366 64,235 141,744 375,110 97,188 788,643
Fire JPA 140,500 169,300 - 528,894 528,894 1,367,588
Police Senior Officer Position - 186,596 192,204 198,000 267,408 844,208
LOCAL SALES TAX FUND HISTORY
CITY OF ARROYO GRANDE ATTACHMENT 2
Page 326 of 386
Item 2016-17 2017-18 2018-19 2019-20 2020-21 5-Year Total
LOCAL SALES TAX FUND HISTORY
CITY OF ARROYO GRANDE
Narcotics Task Force - 24,600 24,600 24,600 24,600 98,400
Animal Services Building Debt Service - -- - 79,804 79,804
Subtotal Public Safety 140,500 380,496 216,804 751,494 900,706 2,390,000
City Hall Debt Service 20,000 20,000 20,000 20,004 20,004 100,008
Document Imaging 2,581 4,919 - - - 7,500
Council Chambers Accessibility Project 231,691 - - - - 231,691
Corporation Yard Upgrades 36,807 28,085 - - - 64,892
Elm Street Community Center Upgrade - 24,579 13,121 - - 37,700
Elm Park/Soto Complex Master Plan - -3,805 - - 3,805
Wireless Internet Access 5,535 - - - - 5,535
IT Firewall Replacement 26,909 - - - - 26,909
Woman's Club Barrier Removal - 34,297 11,939 - - 46,235
Fire Station Driveway Repair - 62,600 - - - 62,600
Network Storage Expansion - Police Dept.- -- - 74,012 74,012
Subtotal City Facilities 323,523 174,480 48,865 20,004 94,016 660,888
Annual Audit and Sales Tax Report 4,501 4,786 3,872 2,506 6,545 22,210
Contingency - - - 25,000 - 25,000
Subtotal Other 4,501 4,786 3,872 27,506 6,545 47,210
Total Expenses 2,300,875 1,846,116 851,747 2,065,653 1,699,261 8,763,652
Revenue 2,174,019 2,267,845 2,339,670 2,396,608 2,637,642 11,815,784
Revenue Over/(Under) Expenses (126,856) 421,729 1,487,923 330,955 938,381
Beginning Fund Balance 1,709,362 1,582,506 2,004,235 3,492,157 3,823,112
Estimated Ending Fund Balance 1,582,506 2,004,235 3,492,157 3,823,112 4,761,493
% Fund Balance of Estimated Revenues 73%88%149%160%181%
Page 327 of 386
Item
2021-22
Budget
2021-22 Anticipated to
Complete or Carryover
2022-23
Budget 2023-24 2024-25 2025-26 2026-27 5-Year Total
Castillo Del Mar Road Improvements 78,507 78,507 - - - - - -
East Branch St Streetscape 98,835 - - - - 98,835 - 98,835
Fair Oaks/Orchard Rd Intersection Imp 50,000 - - - - - - -
Swinging Bridge Reinforcement 616,269 616,269 550,000 - - - - 550,000
Traffic Way Bridge Improvements 101,849 101,849 - 82,355 1,248,349 - - 1,330,704
Brisco Rd Interchange Project - - - -- - - -
Subtotal Transportation 945,460 796,625 550,000 82,355 1,248,349 98,835 - 1,979,539
Pavement Management Program 1,717,837 982,315 3,641,763 1,573,900 942,800 1,250,000 1,667,800 9,076,263
Striping and Sidewalk Improvements 148,297 118,706 149,591 - 240,000 - 240,000 629,591
Bridge Preventative Maintenance Plan - - - 2,982 - - - 2,982
Bricks between 208 & 214 E Branch 65,000 65,000 - - - - - -
Guardrail Replacement 55,000 55,000 55,000 55,000 - - - 110,000
Active Transportation Plan - - 14,338 14,337 - - - 28,675
Branch Mill Road Stabilization - - 40,000 - - - - 40,000
Subtotal Street/Park Improvements 1,986,134 1,221,021 3,900,692 1,646,219 1,182,800 1,250,000 1,907,800 9,887,511
Drainage and Creek Preservation Projects 53,500 - - - - - - -
CMP Replacements - - - - - - 100,000 100,000
Trash Capture Devices - - - 55,800 - - - 55,800
Subtotal Drainage Improvements 53,500 - - 55,800 - - 100,000 155,800
Fire JPA 528,894 528,894 528,894 560,628 588,659 606,319 618,445 2,902,945
Fire Replacement Type III Wildland Fire Engine - - 24,000 24,000 24,000 24,000 24,000 120,000
Fire Replacement Ladder Truck - - - - - 105,400 105,400 210,800
Police Senior Officer Position 175,000 175,000 178,500 182,100 185,700 189,400 193,200 928,900
Narcotics Task Force 24,600 24,600 24,600 24,600 24,600 24,600 24,600 123,000
Public Safety Video Cameras - - - 62,500 62,500 62,500 - 187,500
Police Firing Range - - - - 120,000 - - 120,000
Animal Services Building Debt Service 53,825 53,825 60,000 60,000 60,000 60,000 60,000 300,000
Subtotal Public Safety 782,319 782,319 815,994 913,828 1,065,459 1,072,219 1,025,645 4,893,145
City Hall Debt Service 20,000 20,000 20,000 20,000 20,000 20,000 20,000 100,000
Corporation Yard Renovations 20,000 13,900 6,100 - - - - 6,100
Elm Park/Soto Complex Master Plan 46,195 -46,195 150,000 - - - 196,195
Elm St. Park Playground Structure 136,426 136,426 - - - - - -
City Building Safety Improvement Project 50,000 3,263 - - - - - -
Fire Station 1 Generator Replacement - 46,738 272,000 - - - - 272,000
Various Open Space Fire/Fuel Management - - 100,000 100,000 100,000 - - 300,000
Woman's Club Improvements - - 2,200 - - - - 2,200
Le Point Street Parking Lot Expansion - - 85,000 150,000 - - - 235,000
Financial Management System - - 130,000 130,000 - - - 260,000
Network Switch Replacement 22,000 22,000 24,000 - - - - 24,000
Server Replacement - - - 30,000 - - - 30,000
5-Year Revenue and Expenditure Plan
CITY OF ARROYO GRANDE ATTACHMENT 3
Page 328 of 386
Item
2021-22
Budget
2021-22 Anticipated to
Complete or Carryover
2022-23
Budget 2023-24 2024-25 2025-26 2026-27 5-Year Total
5-Year Revenue and Expenditure Plan
CITY OF ARROYO GRANDE
Email Archive - - - 10,000 - - - 10,000
Network Storage Expansion - City Hall - - - - 80,000 - - 80,000
Firewall - City Hall - - - - 40,000 - - 40,000
Server Replacement - PD - - - - 30,000 - - 30,000
Secondary Network Storage (PD In-Car/Body)- - - - 12,000 - - 12,000
Shoretel (Phones)- - - - 50,000 - - 50,000
Council Chambers Audio/Video - - - - - 25,000 - 25,000
Utility Undergrounding on East Grande Ave 75,000 - - - - - - -
Fuel Management System/Dispenser Replcmnt.21,235 21,235 - - - - - -
Subtotal City Facilities 390,856 263,562 685,495 590,000 332,000 45,000 20,000 1,672,495
Annual Audit and Sales Tax Report 7,500 7,500 7,500 7,500 7,500 7,500 7,500 37,500
Contingency 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000
Subtotal Other 32,500 32,500 32,500 32,500 32,500 32,500 32,500 162,500
Total Expenses 4,190,769 3,096,027 5,984,681 3,320,702 3,861,108 2,498,554 3,085,945 18,750,990
Revenue 2,489,500 2,797,000 2,846,000 2,926,000 2,984,500 3,044,200 3,105,100 14,905,800
Revenue Over/(Under) Expenses (1,701,269) (299,027) (3,138,681) (394,702) (876,608) 545,646 19,155
Beginning Fund Balance 4,761,493 4,761,493 4,462,467 1,323,785 929,084 52,476 598,122
Estimated Ending Fund Balance 3,060,225 4,462,467 1,323,785 929,084 52,476 598,122 617,277
% Fund Balance of Estimated Revenues 123%160%47%32%2%20%20%
Page 329 of 386
Item 11.a.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
Bill Robeson, Assistant City Manager/Public Works Director
Nicole Valentine, Administrative Services Director
Jill McPeek, Capital Improvement Project Manager
SUBJECT: Discussion and Consideration of the 5-Year Capital Improvement
Program and 5-Year Local Sales Tax Fund Expenditure Program
DATE: May 24, 2022
SUMMARY OF ACTION:
Provide direction on the 5-year Capital Improvement Program (CIP) budget and the 5-
Year Local Sales Tax Fund Expenditures Program.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The proposed CIP budget allocates $69.9 million for projects, from various funding
sources, over a 5-year period. During the future Council consideration of the FY 2022-23
Mid-Cycle Budget, it is anticipated that $10.6 million will be allocated for CIP projects,
with $5.1 million of the Local Sales Tax Fund allocated for CIP projects.
RECOMMENDATION:
It is recommended the City Council provide direction on priorities for the CIP as well as
expenditures funded by the Local Sales Tax Fund for the upcoming 5-year programs.
BACKGROUND:
The City’s budget provides funding for all City services, infrastructure investments and
activities performed during each fiscal year. The two major components of the budget are
ongoing operations and capital or one-time expenditures. Capital projects often involve a
multi-year approach, with design and survey work occurring in one year, followed by
construction in the following year or two. Depending on complexity, capital projects can
span several years. Utilizing a five-year plan, the City can identify and fund preliminary
phases of a project with the reasonable expectation that future years will fund subsequent
project phases. However, identifying a project in future years does not mean it will
automatically be funded in those years. During each budget cycle, all capital projects are
reviewed and prioritized against then-current needs and available funding.
Page 330 of 386
Item 11.a.
City Council
Discussion and Consideration of the 5-Year Capital Improvement Program and 5-
Year Local Sales Tax Fund Expenditure Program
May 24, 2022
Page 2
On May 11, 2021, the City Council reviewed the 5-Year CIP as part of the Biennial FY
2021-23 Budget process. Council expressed support for the presentation and the 5-Year
CIP was formally adopted as part of the Biennial FY 2021 -23 Budget on June 8, 2021.
The City is entering the second year of a two-year budget, referred to as the Mid-Cycle
Update. The purpose of this Mid-Cycle Update is to: 1) update revenue projections as
economic data becomes available; 2) update expenditures as more accurate costs
become available; and 3) to provide adjustments for projects that have been funded
through other sources, for example ARPA. After receiving input regarding the updated 5-
Year CIP presented in this report, the final document will be included as part of the Mid -
Cycle Update on June 14, 2022.
Enterprise Funds for water and sewer are included in this report to the degree that their
budgets reflect the capital improvements necessary to sustain those operations.
Enterprise budgets are developed in close coordination with the ten-year water and sewer
master plans and the projected revenue generation of the funds based on adopted rates.
Enterprise operating budgets will be presented to the City Council with the draft operating
budgets of other funds on June 14, 2022 as part of the Mid-Cycle FY 2022-23 Budget.
The Local Sales Tax Fund provides for both operating and capital needs, with
approximately 85% of the revenue generated by this half-percent tax allocated for capital
projects. The attached 5-year revenue and expenditure plan is prepared in order to
support the multi-year nature of the capital projects and also for consistency with the 5 -
year forecast that is prepared for the General Fund. Like the capital program, the projects
and programs currently identified in years outside of the Biennial Budget period could
change and are not automatically guaranteed to be funded as proposed. Each budget
cycle, the projects are prioritized against current needs and available funding. Attachment
1 provides information about each proposed project during the 5-year period.
With this agenda item, staff requests input and direction from the City Council on the 5 -
year Capital Improvement Program and the 5-year Local Sales Tax Expenditures
Program described below. This direction will then be incorporated into the mid-cycle
update for FY 2022-23 of the current Biennial Budget that is scheduled to be presented
to Council for review and adoption on June 14, 2022.
ANALYSIS OF ISSUES:
Projects Completed in FY 2021-22
Many projects in the CIP program take more than one fiscal year to complete and each
year progress is made toward completion of these projects. The following CIPs included
in the current CIP program have been completed or are anticipated to be completed
during the 2021-22 fiscal year.
Page 331 of 386
Item 11.a.
City Council
Discussion and Consideration of the 5-Year Capital Improvement Program and 5-
Year Local Sales Tax Fund Expenditure Program
May 24, 2022
Page 3
2019 Street Repairs Project – Annual street repairs on various streets throughout
the City;
Corporation Yard Roof Repairs – Roof repairs to Buildings A and B at the City’s
Corporation Yard;
2021 Concrete Repairs – Annual replacement of damaged/uplifted sidewalks at
various locations throughout the City;
Brick Walkway between 208 and 214 East Branch Street – Remove lifted and
damaged brick walkway and replace with Village style sidewalk;
Manhole Rehabilitation – The project consisted of cleaning and coating 4 existing
sewer manholes.
Castillo del Mar Extension – The project consisted of roadway extension, multi-use
path, drainage improvements, waterline relocation, landscaping, street trees and
lighting;
2021 Striping Refresh – The project consisted of restriping sections of various
streets within the City;
2022 Pavement Management Program Update – Updates to the Pavement
Management Program included inventory tracking, , work history, and budget
estimates to optimize funding for improving the City’s pavement system ;
2021 Street Repairs Project – Annual street repairs on various streets throughout
the City;
Storm Drain System at 251 East Grand Avenue (Chevron Station) – The project
consisted of plugging and filling an existing failed CMP storm drain, installation of
new storm drain pipe, site restoration, fencing, and barricade rental, and extra work
due to new storm drain obstructions found while placing new pipe;
Soto Sports Complex Tennis and Pickleball Resurfacing Project – The project
consisted of preparation and resurfacing of four tennis courts and four pickleball
courts, and new sleeves on the tennis courts net poles.
Major Projects Proposed for the 5-Year CIP Beginning FY 2022-23
A full list of all projects with proposed funding in the upcoming 5-year cycle is included as
Attachment 1. Significant projects are discussed below, and an * indicates that the project
is part of the Council Goals and Priorities for Fiscal Year 2022-23.
Brisco Road/US 101 Interchange*
This capital project is expected to address existing congestion on B risco Road at
the Highway 101 Undercrossing and the predicted growth occurring in accordance
with the City’s General Plan. The Final Project Report and environmental
documents for this project were approved and signed by Caltrans on April 27,
2021. This report estimates a total project cost for all phases of the project,
including project approval & environmental determination, design, right of way,
construction, construction support, and cost escalation of $38.2 M. This total,
Page 332 of 386
Item 11.a.
City Council
Discussion and Consideration of the 5-Year Capital Improvement Program and 5-
Year Local Sales Tax Fund Expenditure Program
May 24, 2022
Page 4
however, includes not only the roundabout construction, but also an estimated $6.1
million for the proposed sound walls and the East Grand Avenue/US 101
southbound ramp. On March 26, 2019, Council directed staff to phase in, defer, or
remove these two elements of the project in order to reduce the overall cost. As a
result, the FY 2021-26 CIP reflected a total project cost of $32.1 million. On April
26, 2022, Council received an update regarding the project and consideration of
design services proposals and provided direction to staff to pursue a funding from
the United States Department of Transportation’s Multimodal Project Discretionary
Grant program. In preparation of that grant application, staff proposes to seek
funding for the entire project, including the proposed sound walls , the East Grand
Avenue/US 101 southbound ramp and expenditures to date of $2.6M for project
approval & environmental determination . Therefore, the revised 5-Year CIP
presented in Attachment 1 reflects a total project cost of $35.6 million to complete
the project ($38.2M total cost - $2.6M work completed = $35.6M to complete.
Additionally, the revised CIP removes the previously identified local sales tax
revenue allocated to the project, as the intent of the grant application is to fully fund
the project through grants and otherwise-identified impact fee revenue.
Traffic Way Bridge*
The Traffic Way Bridge was built in 1932 and has been evaluated for structural
and functional integrity. It has been determined that the bridge is in need of
replacement. The City has secured grant funding that will pay 88.53% of the project
costs. Nevertheless, over $1.4 million is required from the City to pay for the
remainder of the costs. The design, environmental determination, and permitting
is expected to be completed in fiscal year 2023 -24, and construction is expected
to begin in 2024-25.
Swinging Bridge Retrofit Project*
This capital project will remove and replace the existing cables and helical anchors,
reinforce the existing concrete abutments, clean and paint the existing towers,
replace deteriorated wood members, replace wood planks, and tighten and/or
install bolts at the suspension bridge wood connections. The projected cost of this
item is $1.2 million and is currently budgeted with Local Sales Tax Funds. City staff
submitted a FY23 Community Project Funding Request to Congressman S alud
Carbajal’s office on April 14, 2022, seeking funding for this project from the federal
government.
Active Transportation Plan*
This capital project is a comprehensive collection of policies, programs, and
infrastructure recommendations aiming to increase the number of people bicycling
and walking in the City. By improving sustainable transportation such as walking
and bicycling, the City can reduce vehicle use and place the City on a better path
to achieving climate neutrality. The Active Transportation Plan takes a new
Page 333 of 386
Item 11.a.
City Council
Discussion and Consideration of the 5-Year Capital Improvement Program and 5-
Year Local Sales Tax Fund Expenditure Program
May 24, 2022
Page 5
approach to implementing projects, supporting a more resilient economy, equity,
and using resources more effectively. Completion of the Plan will increase the
likelihood that the City may receive grant funding from other agencies to complete
projects identified in the Plan. The projected cost of this item is $250,000. The City
has secured grant funding that will pay approximately 88.53% of the Plan costs,
with the Local Sales Tax Fund paying the remaining amount of approximately
$28,675.
Stormwater Infrastructure*
The proposed 5-year CIP includes $1.4 million for the continuation of replacing,
rehabilitating, and maintaining the City’s stormwater infrastructure. This includes
rehabilitating deteriorating Corrugated Metal Pipes (CMPs), replacing the storm
drain system in the vicinity of Oak Park Boulevard and El Camino Real, replacing,
enlarging and installing Trash Capture Devices, and updating the Stormwater
Master Plan. Approximately $1.2 million of ARPA Funding has been allocated to
these projects, with the remaining funds coming from the Local Sales Tax Fund.
The proposed CIP budget does adjust two ARPA funded projects by $55,800 as
shown in the table below:
This shift in funding is related to the timing of projects . The Stormwater Master
Plan Update will be completed in FY 2022 -23 and the results of this update will
help facilitate where and when to place the Trash Capture Devices. The Trash
Capture Devices will be fully funded at $214,000 with the remaining $55,800
included in the Local Sales Tax Fund Budget.
Sewer and Water Infrastructure *
The proposed 5-year CIP includes $3.6 million for the continuation of replacing,
rehabilitating, and maintaining the City’s water and sewer infrastructure. This
includes rehabilitating deteriorating sewer manholes, rehabilitating sewer mains
through trenchless lining techniques, replacing, enlarging and installing
interconnect water mains, water reservoir recoating, and updating both the W ater
and Sewer System Master plans. Approximately, $1.4 million of ARPA Funding
has been allocated to Water and Sewer projects during FY 2022 -23 through FY
2026-27 as shown in the table below:
Stormwater Infrastructure Projects Current Proposed
Trash Capture Devices 214,000 158,200
Stormwater Master Plan Update/Watershed Management Plan 116,700 172,500
Stormwater GIS Layer (incorporate into the Stormwater Master Plan Update)50,000 50,000
380,700 380,700
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Item 11.a.
City Council
Discussion and Consideration of the 5-Year Capital Improvement Program and 5-
Year Local Sales Tax Fund Expenditure Program
May 24, 2022
Page 6
Phased Main Replacement Fair Oaks Avenue - South Elm Street to Alder
Street*
This project will replace the existing 8-inch water main from 1929 with a new 8-
inch water main along Fair Oaks Avenue between South Elm Street and Alder
Street. The projected cost of this project is $750,000 and will be funded by
$480,250 of ARPA and $269,750 of Water Facility Funds. The proposed CIP
budget adjusts three ARPA funded projects by $247,500 as shown in the table
below:
The Reservoir No. 4 Recoating Project is being placed on hold due to the opinion
of probable cost from the City’s consultant Engineer. The current projected cost is
$510,000, while the budget was originally $147,000. Staff will evaluate this project
in approximately one year to see if the current bidding climate returns to greater
normality. In the interim, staff will spot repair any coating issues in-house. Similarly,
the Andre Drive/Los Ciervos Court Interconnect project, to help provide
redundancy of the Rancho Grande pressure zone distribution system, is also being
Project
Number Request Title Funding Sources
Budget
FY 2021-22
2021-22 Anticipated to
Complete or Carryover
Budget
FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
5-Year
Total
WATER PROJECTS
640-5911
Phased Mains Replacement - Cornwall
Street, South Halcyon Road to El
Camino Real 4965 - ARPA - - - 578,700 - - - 578,700
640-5911
Phased Mains Replacement - South
Halcyon Road, Cornwall Street to Fair
Oaks Avenue 4942 - Water Facility - - 269,750 - - - -
4965 - ARPA 232,750 232,750 247,500 - - - - 517,250
640-5948 Reservoir No. 4 Exterior Coating 4965 - ARPA 147,500 - - - - - - -
640-5973
Phased Main Replacement - Highway
101 Crossing Upgrade, El Camino Real
to West Branch Street 4965 - ARPA - - 291,200 - - - - 291,200
640-5976
Andre Drive / Los Ciervos Court
Interconnect 4965 - ARPA 100,000 - - - - - - -
Total Water Projects 480,250 232,750 808,450 578,700 - - - 1,387,150
Project
Number Request Title Funding Sources
Budget
FY 2021-22
2021-22 Anticipated to
Complete or Carryover
Budget
FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
5-Year
Total
SEWER PROJECTS
612-5821
Trenchless Sewer Rehabilitation -
Wood, Sandalwood, Cameron,
Woodland Backyards 4965 - ARPA 267,200 267,200 - - - - - -
612-58XX
Trenchless Sewer Rehabilitation -
Pilgrim Way, Orchard Avenue, West
Cherry Avenue and California Street 4965 - ARPA - 282,000 - - - 282,000
Total Sewer Projects 267,200 267,200 - 282,000 - - - 282,000
Grand Total, All Water & Sewer Projects 11,378,409 8,421,772 808,450 860,700 - - - 1,669,150
Water Infrastructure Projects Current Proposed
Phased Main Replacement
Fair Oaks - Elm to Alder 232,750 480,250
Reservoir No. 4 Exterior Coating 147,500
Andre Drive/Los Ciervos Ct. Interconnect 100,000
480,250 480,250
Page 335 of 386
Item 11.a.
City Council
Discussion and Consideration of the 5-Year Capital Improvement Program and 5-
Year Local Sales Tax Fund Expenditure Program
May 24, 2022
Page 7
placed on hold until the current bidding climate returns to normality. The current
cost estimate for this project is $175,000, $75,000 higher than the previously
budgeted estimate, due to the costs per square foot of materials.
Central Coast Blue*
Central Coast Blue is a regional recycled water project that will purify wastewater
and inject it into the groundwater basin in order to protect the basin against
seawater intrusion and to provide a reliable supplemental water supply for the
participating agencies. The total capital cost to the City for this project is estimated
to be $12.9 million (including pre-construction and construction costs). The pre-
construction costs for this project are included in the CIP budget . However,
because the construction costs will be debt-financed or grant-funded and are
included in the water financial plan that is supported by the adopted rates that went
into effect April 19, 2022, only the pre-construction costs are included in the CIP.
Public Safety Video Cameras*
This project will replace the current failed public safety video system with a system
installed by a local vender in order to monitor City facilities, parks, open spaces,
and certain intersections. The projected cost of this item is $5 00,000 and would be
funded by the Citizens Option for Public Safety (COPS) grant program and Local
Sales Tax Funds.
Financial Management Software*
In order to improve staff efficiency, enhance financial transparency, and provide
the community with more easily accessible financial data, staff is seeking to
replace the City’s current Financial Management Software. Transition of the
general ledger, payroll, human resources, utility billing, accounts payable,
accounts receivables, and cashiering functions is anticipated to cost $450,000,
which will be allocated between the Water, Sewer and Local Sales Tax Funds.
Staff issued a Request For Proposals (RFP) for the software services on April 28,
2022, and it is anticipated that the City will select a vendor in the Fall.
Pavement Management Program*
The proposed 5-year CIP includes a total of $11.5 million for maintaining the City’s
public streets, alleys, and parking lots. This includes maintenance applications
such as digouts, slurry seals, mill and fill, and pavement overlays t o the extent that
funds are available. This program also includes providing Americans with
Disabilities Act (ADA) compliant pedestrian facilities such as curb ramps when
triggered by certain maintenance applications that are considered an alteration of
a street (e.g., overlays).
Page 336 of 386
Item 11.a.
City Council
Discussion and Consideration of the 5-Year Capital Improvement Program and 5-
Year Local Sales Tax Fund Expenditure Program
May 24, 2022
Page 8
Replace Generator at Fire Station 1
This capital project will replace the emergency generator at the City-owned fire
station. The current generator is unreliable and has cost thousands of dollars in
repairs. Public safety facilities are required to have back-up power for continuity of
operations. The projected cost of this item is approximately $680,000, with the San
Luis Obispo County Office of Emergency Services, CA Nuclear Power
Preparedness (NPP) Program grant program anticipated to provide 50% of the
project costs and Local Sales Tax Funds paying the remaining 50%.
As shown on the chart below, the largest focus of the CIP will be related to streets.
5-Year Capital Improvement Projects by Function
As summarized below, the City continues to rely on grant funding for a significant portion
of its capital projects. In particular, the Federal Highway Bridge Program (HBP) will
provide nearly $10.5 million and the State Transportation Improvement Program (STIP)
MISCELLANEOUS
PROJECTS
4%
PARKS PROJECTS
1%
STREETS PROJECTS
88%
DRAINAGE PROJECTS
2%
WATER PROJECTS
4%
SEWER PROJECTS
1%
Page 337 of 386
Item 11.a.
City Council
Discussion and Consideration of the 5-Year Capital Improvement Program and 5-
Year Local Sales Tax Fund Expenditure Program
May 24, 2022
Page 9
will provide $6.6 million for the rehabilitation or replacement of critical infrastructure in the
City. Additionally, the Local Sales Tax Fund is the other major funding source for the CIP
program, providing $13.9 million in funding over the 5-year plan and $5.1 million during
the 2022-23 Budget. The Local Sales Tax Fund has $5.1 million in the FY 2022-23 Budget
due to the allocation of $1.8 million in ARPA funds to Stormwater projects originally
budgeted with Local Sales Tax funding, as well as lower than estimated costs for the 2021
Streets Repairs Project in FY 2021-22 by approximately $736,000.
5-Year Capital Improvement Projects Summary by Funding Source
Local Sales Tax Fund
As previously discussed, the City prepares a 5-year plan for the Local Sales Tax Fund.
The City has been diligent in using the local sales tax funds for the four purposes originally
identified: infrastructure improvements, including the street, drainage and creek systems;
transportation projects; and public safety needs. In 2015, the City Council confirmed that
Information Technology (IT) infrastructure is included within the list of infrastructure
systems supported by the Local Sales Tax Fund. To ensure accountability, Measure O-06
required: 1) the City to publish and distribute an annual report to each household on the
revenues and expenditures from the sales tax proceeds; and 2) a review and public hearing
by the City Council every five years to determine whether the sales tax is necessary to
remain in effect. The 5-year review and Public Hearing was presented during a companion
item on the same agenda as this item is being presented on May 24, 2022 (Item 9.c).
The proposed 5-year plan for the Local Sales Tax Fund is provided as Attachment 2 and
was also presented as an attachment to the 5-year report included in Item 9.c. Significant
expenditures not previously mentioned include:
$301,000 over five years for improvements to the City’s information technology
infrastructure, including upgrade or replacements to servers, storage, and the
City’s firewall.
Storm drainage improvements of $155,800 over the course of the 5-year program.
Continued funding for public safety enhancements of approximately $4.7 million
over the 5-year program, including $2.9 million for services from the Five Cities
Page 338 of 386
Item 11.a.
City Council
Discussion and Consideration of the 5-Year Capital Improvement Program and 5-
Year Local Sales Tax Fund Expenditure Program
May 24, 2022
Page 10
Fire Authority, $928,900 over five years for a Senior Police Officer position, as well
as funding towards a wildland fire engine, ladder truck, and the police firing range.
Striping and sidewalk improvements totaling $629,591 over the 5-year program.
Next Steps
The proposed 5-Year CIP and 5-year Local Sales Tax Fund expenditure plans are being
provided for discussion and direction from Council on any requested changes. Following
this direction, the 5-year CIP will be presented to the Planning Commission for
confirmation that the plan conforms with the City’s General Plan. The updated CIP will
then be included in the proposed Mid-Cycle FY2022-23 Budget that will be presented for
consideration and approval by the City Council on June 14, 2022.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Review and provide direction on the 5-year CIP and 5-year Local Sales Tax Fund
expenditure program;
2. Provide other direction to staff.
ADVANTAGES:
Providing direction will assist staff in developing a 5-year CIP and 5-year Local Sales Tax
Fund expenditure program that is responsive to the City Council and community priorities,
while maintaining economic feasibility.
DISADVANTAGES:
There are no disadvantages to providing information for the community, City Council, or
staff regarding the CIP and Local Sales Tax Fund budget priorities.
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. 5-Year CIP for FY 2022-23 through 2026-27
2. Local Sales Tax 5-Year Revenue and Expenditure Plan
Page 339 of 386
Project Number Request Title Department Funding Sources
Budget
FY 2021-22
2021-22 Anticipated to
Complete or
Carryover
Budget
FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 5-Year Total
MISCELLANEOUS PROJECTS
350-5450 Corporation Yard Renovations Public Works 4910 - General Fund 20,000 13,900 26,100 20,000 20,000 20,000 20,000
4930 - Sewer Fund 30,000 20,849 24,151 15,000 15,000 15,000 15,000
4940 - Water Fund 30,000 20,849 24,151 15,000 15,000 15,000 15,000
4950 - Sales Tax 20,000 13,900 6,100 280,502
350-5451 Police Station Firing Range Police Department 4950 - Sales Tax ----120,000 --120,000
350-5453 Financial Management Software Administrative Services 4930 - Sewer Fund --47,500 47,500 ---
4940 - Water Fund - - 47,500 47,500 - - -
4950 - Sales Tax - - 130,000 130,000 - - - 450,000
350-5455 City Building Safety Improvement Project Public Works 4950 - Sales Tax 50,000 3,263 ------
350-5463 Woman's Club Improvements Recreation Services 4950 - Sales Tax --2,200 ----
4809 - Donations 2,167 2,167 - - - - - 2,200
350-5468 Public Safety Video Cameras Police Department 4929 - COPS 80,000 -125,000 62,500 62,500 62,500 -
4950 - Sales Tax - - - 62,500 62,500 62,500 - 500,000
350-5470
Report Management System (RMS)
Upgrade at PD Police Department 4929 - COPS 150,000 150,000 - - - - - -
350-5471 Utility Undergrounding on East Grande Ave Community Development 4950 - Sales Tax 75,000 -------
350-5472 Network Switch Replacement Administrative Services 4950 - Sales Tax 22,000 22,000 24,000 ----24,000
350-5473 Replacement Generator at Station 1 FCFA 4499 - Other Gov Agencies 42,500 42,500 272,000 ----
4910 - General Fund 46,780 46,780
4950 - Sales Tax 46,738 46,738 272,000 - - - - 544,000
350-5474
Fuel Management System/Dispenser
Replacement Public Works 4910 - General Fund 21,235 21,235 - - - - -
4930 - Sewer Fund 10,940 10,940 - - - - -
4940 - Water Fund 10,940 10,940 - - - - -
4950 - Sales Tax 21,235 21,235 - - - - - -
350-5475 ADA Transition Plan Community Development 4463 - CDBG ---12,391 ---
4499 - Other Gov Agencies - - - 23,500 - - -
4910 - General Fund - - - 75,834 - - - 111,725
350-5476 City Hall Front Door ADA (CDBG)Public Works 4463 - CDBG 53,341 53,341 ------
350-54XX Le Point Street Parking Lot Expansion Community Development 4950 - Sales Tax --85,000 150,000 ---235,000
350-54XX Short Street Plaza Community Development 4910 - General Fund --30,000 ----30,000
350-54XX Ash Street Restroom Roof Replacement Public Works 4914 - Park Improvement ---65,000 ---65,000
350-54XX Server Replacement - City Hall Administrative Services 4950 - Sales Tax ---30,000 ---30,000
350-54XX Email Archive Administrative Services 4950 - Sales Tax ---10,000 ---10,000
350-54XX Network Storage Refresh - City Hall Administrative Services 4950 - Sales Tax ----80,000 --80,000
350-54XX Shoretel (Phones)Administrative Services 4950 - Sales Tax ----50,000 --50,000
350-54XX Firewall - City Hall Administrative Services 4950 - Sales Tax ----40,000 --40,000
350-54XX Server Replacement - Police Dept. Administrative Services 4950 - Sales Tax ----30,000 --30,000
350-54XX
Secondary Network Storage (PD In-
Car/Body)Police Department 4950 - Sales Tax - - - - 12,000 - - 12,000
350-54XX Rate Study Update Administrative Services 4930 - Sewer Fund -----30,000 -
4940 - Water Fund - - - - - 30,000 - 60,000
350-54XX Council Chambers Audio/Video Administrative Services 4950 - Sales Tax -----25,000 -25,000
Total Miscellaneous Projects 732,876 500,637 1,115,702 766,725 507,000 260,000 50,000 2,699,427
Page 340 of 386
Project Number Request Title Department Funding Sources
Budget
FY 2021-22
2021-22 Anticipated to
Complete or
Carryover
Budget
FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 5-Year Total
PARKS PROJECTS
350-5515 Various Park Renovations Public Works 4914 - Park Improvement 37,725 37,725 30,000 30,000 30,000 30,000 30,000 150,000
350-5540 Central Irrigation Controls Public Works 4914 - Park Improvement 10,000 10,000 5,000 5,000 ---10,000
350-5554 Soto Sports Complex ADA Bleachers Public Works 4914 - Park Improvement 5,000 5,000 10,000 5,000 5,000 5,000 5,000 30,000
350-5555 Strother Park BBQ No. 2 Repairs Public Works 4914 - Park Improvement ---8,000 ---8,000
350-5556
Recreation Services / Community Center
Building Recreation Services 4950 - Sales Tax 46,195 - 46,195 150,000 - - - 196,195
350-5559 ADA Drinking Fountains Public Works 4914 - Park Improvement 12,484 12,484 - 6,000 6,000 6,000 6,000 24,000
350-5561 Soto Sports Complex Courts Resurfacing Public Works 4914 - Park Improvement 40,000 40,000 - - - - - -
350-5563
Citywide Trash/Recycle Receptacle
Replacement Public Works 4914 - Park Improvement 6,000 6,000 - 6,000 6,000 6,000 6,000 24,000
350-5564 Elm St. Park Playground Structure Recreation Services 4458 - State Grant 177,952 177,952 - - - - -
4809 - Donations 21,000 21,000 - - - - -
4914 - Park Improvement 34,106 34,106 - - - - -
4950 - Sales Tax 136,426 136,426 - - - - - -
350-5565 Soto Sports Complex Fencing Repairs Public Works 4914 - Park Improvement 15,742 15,742 15,000 15,000 15,000 15,000 15,000 75,000
350-55XX
Various Open Space Fire / Fuel
Management Public Works 4950 - Sales Tax - - 100,000 100,000 100,000 - - 300,000
Total Parks Projects 542,630 496,435 206,195 325,000 162,000 62,000 62,000 817,195
Project Number Request Title Department Funding Sources
Budget
FY 2021-22
2021-22 Anticipated to
Complete or
Carryover
Budget
FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
5-Year Total
STREETS PROJECTS
350-5601 Fair Oaks/Orchard Rd Intersection Imp Community Development 4950 - Sales Tax 50,000 - - - - - - -
350-5613 Bricks between 208 & 214 E Branch Public Works 4950 - Sales Tax 65,000 65,000 - - - - - -
350-5601
Fair Oaks/Orchard Avenue Intersection
Improvements Community Development 4825 - Developer - - 50,000 - - - - 50,000
350-5606 Halcyon Complete Streets Community Development 4910 - General Fund 24,945 24,945 - - - - - -
350-5607 Pedestrian Crossing Enhancements Community Development 4479 - HSIP 45,000 45,000 205,000 - - - -
4482 - RSHA 100,000 100,000 - - - - - 205,000
350-5608 Bridge Street Bridge Rehabilitation Public Works 4807 - Expense Recovery 34,120 34,120 - - - - - -
350-5611 Bridge Preventive Maintenance Plan Community Development 4487 - HBP - - - 23,018 - - -
4950 - Sales Tax - - - 2,982 - - - 26,000
350-5612
Systematic Safety Analysis Report Program
(SSARP)Community Development 4910 - General Fund 7,693 7,693 - - - - - -
350-5614 Bridge Street Bridge Habitat Mitigation Public Works 4487 - HBP 273,596 273,596 48,628 48,628 48,628 48,628 - 194,512
350-5620 Swinging Bridge Rehabilitation Community Development 4950 - Sales Tax 616,269 616,269 550,000 - - - - 550,000
350-5629 Guardrail Replacement Public Works 4950 - Sales Tax 55,000 55,000 55,000 55,000 - - - 110,000
350-5638 Pavement Management Program Public Works 4486 - USHA 131,000 131,000 68,900 68,900 - - -
4910 - General Fund 1,751,000 982,315 768,685 - - - -
4920 - SB1 468,072 468,072 307,200 307,200 307,200 307,200 307,200
4950 - Sales Tax 1,717,837 982,315 3,641,763 1,573,900 942,800 1,250,000 1,667,800 11,518,748
350-5642 Brisco Road / US 101 Interchange Community Development 4482 - RSHA 30,000 30,000 - - - - -
4490 - STIP - - - - - 3,312,000 3,312,000
44XX - MPDG - - - 1,848,100 2,411,100 11,068,400 11,068,400
4922 - Traffic Signalization - - - 959,000 - - -
4926 - Transportation Facility 787,468 787,468 590,000 1,031,000 - - - 35,600,000
350-5658 Sidewalk Repairs and Improvements Public Works 4950 - Sales Tax 148,297 118,706 149,591 - 240,000 - 240,000
4463 - CDBG - - 56,333 - - - - 685,924
350-5671 East Branch Streetscape Community Development 4482 - RSHA 390,000 - - - - 390,000 -
4950 - Sales Tax 98,835 - - - - 98,835 - 488,835
350-5678 Castillo Del Mar Road Improvements Public Works 4499 - Other Gov Agencies 79,054 79,054 - - - - - -
4825 - Developer 536,500 536,500 - - - - -
4950 - Sales Tax 78,507 78,507 - - - - - -
350-5679 Traffic Way Bridge Replacement Community Development 4487 - HBP 786,111 786,111 - 635,645 9,635,251 - -
4950 - Sales Tax 101,849 101,849 - 82,355 1,248,349 - - 11,601,600
350-5681
Fair Oaks/Halcyon Road Traffic Signal
Update Community Development 4922 - Traffic Signalization - - 40,000 - - - - 40,000
350-56XX Active Transportation Plan Community Development 44XX - ATP --110,662 110,662 ---
4950 - Sales Tax - - 14,338 14,338 - - - 250,000
350-56XX Arroyo Grande Creek Stabilization Public Works 4950 - Sales Tax --40,000 ----40,000
Total Streets Projects 8,376,153 6,303,520 6,696,100 6,760,728 14,833,328 16,475,063 16,595,400 61,360,619
Page 341 of 386
Project Number Request Title Department Funding Sources
Budget
FY 2021-22
2021-22 Anticipated to
Complete or
Carryover
Budget
FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 5-Year Total
DRAINAGE PROJECTS
350-5778 Drainage and Creek Preservation ProjectsCommunity Development 4950 - Sales Tax 53,500 - - - - - - -
350-5794 Corrugated Metal Pipe (CMP) Lining Public Works 4950 - Sales Tax ------100,000
4965 - ARPA - - 500,000 600,000
350-5795
Oak Park Boulevard / El Camino Real
Storm Drain System Public Works 4965 - ARPA 400,000 15,430 384,570 - - - - 384,570
350-5796
Storm Water Master Plan Update /
Watershed Management Plan Community Development 4965 - ARPA - - 222,500 - - - - 222,500
350-5797
Storm Drain System at 251 East Grand
Avenue Public Works 4965 - ARPA 525,800 525,800 - - - - - -
350-5798 Trash Capture Devices Community Development 4950 - Sales Tax - - - 55,800 - - - -
4965 - ARPA - - - 158,200 - - - 214,000
Total Drainage Projects 979,300 541,230 1,107,070 214,000 - - 100,000 1,421,070
Project Number Request Title Department Funding Sources
Budget
FY 2021-22
2021-22 Anticipated to
Complete or
Carryover
Budget
FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 5-Year Total
WATER PROJECTS
640-5911
Phased Mains Replacement - Cornwall
Street, South Halcyon Road to El Camino
Real Public Works 4965 - ARPA - - - 578,700 - - - 578,700
640-5911
Phased Mains Replacement - South
Halcyon Road, Cornwall Street to Fair Oaks
Avenue Public Works 4942 - Water Facility - - 269,750 - - - -
4965 - ARPA 232,750 232,750 247,500 - - - - 517,250
640-5911
Phased Mains Replacement - South
Halcyon Road, Cornwall Street to Fair Oaks
Avenue Public Works 4940 - Water Fund - - - - 673,500 - -
4942 - Water Facility - - - - 100,000 - - 773,500
640-5944 Water Well #11 Facilities Public Works 4943 - Water Availability 42,771 42,771 - - - - - -
640-5946 Galvanized Service Replacements Public Works 4940 - Water Fund 98,826 98,826 - - - - - -
640-5948 Reservoir No. 4 Exterior Coating Public Works 4965 - ARPA 147,500 - - - - - - -
640-5953 SCADA Software/Electronics Upgrade Public Works 4940 - Water Fund 240,100 240,100 - - - - - -
640-5973
Phased Main Replacement - Highway 101
Crossing Upgrade, El Camino Real to
West Branch Street Public Works 4965 - ARPA - - 291,200 - - - - 291,200
640-5975 Central Coast Blue Public Works 4943 - Water Availability 1,531,181 1,531,181 540,971 - - - - 540,971
640-5976
Andre Drive / Los Ciervos Court
Interconnect Public Works 4965 - ARPA 100,000 - - - - - - -
640-59XX Water Master Plan Update Public Works 4940 - Water Fund - - - 100,000 - - - 100,000
Total Water Projects 2,393,128 2,145,628 1,349,421 678,700 773,500 - - 2,801,621
Project Number Request Title Department Funding Sources
Budget
FY 2021-22
2021-22 Anticipated to
Complete or
Carryover
Budget
FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
5-Year Total
SEWER PROJECTS
612-5817
Trenchless Sewer Rehabilitation - Alder
Street and Cameron Court Public Works 4825 - Developer - - - - 1,185 - -
4930 - Sewer Fund - - - - 254,315 - - 255,500
612-5821
Trenchless Sewer Rehabilitation - Wood,
Sandalwood, Cameron, Woodland
Backyards Public Works 4965 - ARPA 267,200 267,200 - - - - - -
612-5826
Trenchless Sewer Rehabilitation -
Woodland Drive and Ash Street Public Works 4825 - Developer 11,788 - - - -
4930 - Sewer Fund 120,412 - - - - 132,200
612-5849 Maintenance Hole Rehabilitation Public Works 4825 - Developer 47,254 47,254
4930 - Sewer Fund 60,000 60,000
612-5852 The Pike Sewer Line Replacement Public Works 4930 - Sewer Fund 24,977 - - - - 24,977
612-5854 Wastewater Master Plan Update Public Works 4930 - Sewer Fund - 100,000 - - - 100,000
612-58XX
Trenchless Sewer Rehabilitation - Pilgrim
Way, Orchard Avenue, West Cherry
Avenue and California Street Public Works 4965 - ARPA - 282,000 - - - 282,000
Total Sewer Projects 374,454 374,454 157,177 382,000 255,500 - - 794,677
Grand Total, All Capital Projects 13,398,541 10,361,904 10,631,665 9,127,153 16,531,328 16,797,063 16,807,400 69,894,609
Page 342 of 386
Item
2021-22
Budget
2021-22 Anticipated to
Complete or Carryover
2022-23
Budget 2023-24 2024-25 2025-26 2026-27 5-Year Total
Castillo Del Mar Road Improvements 78,507 78,507 - - - - - -
East Branch St Streetscape 98,835 - - - - 98,835 - 98,835
Fair Oaks/Orchard Rd Intersection Imp 50,000 - - - - - - -
Swinging Bridge Reinforcement 616,269 616,269 550,000 - - - - 550,000
Traffic Way Bridge Improvements 101,849 101,849 - 82,355 1,248,349 - - 1,330,704
Brisco Rd Interchange Project - - - -- - - -
Subtotal Transportation 945,460 796,625 550,000 82,355 1,248,349 98,835 - 1,979,539
Pavement Management Program 1,717,837 982,315 3,641,763 1,573,900 942,800 1,250,000 1,667,800 9,076,263
Striping and Sidewalk Improvements 148,297 118,706 149,591 - 240,000 - 240,000 629,591
Bridge Preventative Maintenance Plan - - - 2,982 - - - 2,982
Bricks between 208 & 214 E Branch 65,000 65,000 - - - - - -
Guardrail Replacement 55,000 55,000 55,000 55,000 - - - 110,000
Active Transportation Plan - - 14,338 14,337 - - - 28,675
Branch Mill Road Stabilization - - 40,000 - - - - 40,000
Subtotal Street/Park Improvements 1,986,134 1,221,021 3,900,692 1,646,219 1,182,800 1,250,000 1,907,800 9,887,511
Drainage and Creek Preservation Projects 53,500 - - - - - - -
CMP Replacements - - - - - - 100,000 100,000
Trash Capture Devices - - - 55,800 - - - 55,800
Subtotal Drainage Improvements 53,500 - - 55,800 - - 100,000 155,800
Fire JPA 528,894 528,894 528,894 560,628 588,659 606,319 618,445 2,902,945
Fire Replacement Type III Wildland Fire Engine - - 24,000 24,000 24,000 24,000 24,000 120,000
Fire Replacement Ladder Truck - - - - - 105,400 105,400 210,800
Police Senior Officer Position 175,000 175,000 178,500 182,100 185,700 189,400 193,200 928,900
Narcotics Task Force 24,600 24,600 24,600 24,600 24,600 24,600 24,600 123,000
Public Safety Video Cameras - - - 62,500 62,500 62,500 - 187,500
Police Firing Range - - - - 120,000 - - 120,000
Animal Services Building Debt Service 53,825 53,825 60,000 60,000 60,000 60,000 60,000 300,000
Subtotal Public Safety 782,319 782,319 815,994 913,828 1,065,459 1,072,219 1,025,645 4,893,145
City Hall Debt Service 20,000 20,000 20,000 20,000 20,000 20,000 20,000 100,000
Corporation Yard Renovations 20,000 13,900 6,100 - - - - 6,100
Elm Park/Soto Complex Master Plan 46,195 -46,195 150,000 - - - 196,195
Elm St. Park Playground Structure 136,426 136,426 - - - - - -
City Building Safety Improvement Project 50,000 3,263 - - - - - -
Fire Station 1 Generator Replacement - 46,738 272,000 - - - - 272,000
Various Open Space Fire/Fuel Management - - 100,000 100,000 100,000 - - 300,000
Woman's Club Improvements - - 2,200 - - - - 2,200
Le Point Street Parking Lot Expansion - - 85,000 150,000 - - - 235,000
Financial Management System - - 130,000 130,000 - - - 260,000
Network Switch Replacement 22,000 22,000 24,000 - - - - 24,000
Server Replacement - - - 30,000 - - - 30,000
5-Year Revenue and Expenditure Plan
CITY OF ARROYO GRANDE
ATTACHMENT 2
Page 343 of 386
Item
2021-22
Budget
2021-22 Anticipated to
Complete or Carryover
2022-23
Budget 2023-24 2024-25 2025-26 2026-27 5-Year Total
5-Year Revenue and Expenditure Plan
CITY OF ARROYO GRANDE
Email Archive - - - 10,000 - - - 10,000
Network Storage Expansion - City Hall - - - - 80,000 - - 80,000
Firewall - City Hall - - - - 40,000 - - 40,000
Server Replacement - PD - - - - 30,000 - - 30,000
Secondary Network Storage (PD In-Car/Body)- - - - 12,000 - - 12,000
Shoretel (Phones)- - - - 50,000 - - 50,000
Council Chambers Audio/Video - - - - - 25,000 - 25,000
Utility Undergrounding on East Grande Ave 75,000 - - - - - - -
Fuel Management System/Dispenser Replcmnt.21,235 21,235 - - - - - -
Subtotal City Facilities 390,856 263,562 685,495 590,000 332,000 45,000 20,000 1,672,495
Annual Audit and Sales Tax Report 7,500 7,500 7,500 7,500 7,500 7,500 7,500 37,500
Contingency 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000
Subtotal Other 32,500 32,500 32,500 32,500 32,500 32,500 32,500 162,500
Total Expenses 4,190,769 3,096,027 5,984,681 3,320,702 3,861,108 2,498,554 3,085,945 18,750,990
Revenue 2,489,500 2,797,000 2,846,000 2,926,000 2,984,500 3,044,200 3,105,100 14,905,800
Revenue Over/(Under) Expenses (1,701,269) (299,027) (3,138,681) (394,702) (876,608) 545,646 19,155
Beginning Fund Balance 4,761,493 4,761,493 4,462,467 1,323,785 929,084 52,476 598,122
Estimated Ending Fund Balance 3,060,225 4,462,467 1,323,785 929,084 52,476 598,122 617,277
% Fund Balance of Estimated Revenues 123%160%47%32%2%20%20%
Page 344 of 386
Item 11.b.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
Timothy Carmel, City Attorney
Nicole Valentine, Administrative Services Director
SUBJECT: Consideration of Placing a Local Transactions and Use Tax (“Sales
Tax”) Measure on the November 8, 2022 Ballot
DATE: May 24, 2022
SUMMARY OF ACTION:
Adoption of the proposed Resolutions and Introduction of the Proposed Ordinance will
enable the voters to determine through the November 8, 2022 General Municipal Election
whether to enact a local transactions and use tax (“sales tax”) that would provide general
revenue to the City.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
If approved by the voters, the proposed sales tax measure would generate approximately
$5.6 million in additional annual revenue . As a general tax, the proceeds would be
deposited into the General Fund and may be used for any lawful purpose, as designated
by the City Council, including being allocated towards maintaining the City’s streets,
sidewalks, and stormwater infrastructure, as well as for other underfunded City programs
and services. Funding for the November 2022 General Municipal Election has been
included in the Biennial Budget for Fiscal Years 2021-23 in the amount of $28,000, and
is anticipated to cover costs associated with printing the ballot measure in the Sample
Ballot booklet. It is recommended that the City engage the services of a consultant to
support public outreach and information regarding the proposed sales tax measure in an
amount not to exceed $25,000, which would be covered through existing consultant
services budgets included in the adopted Biennial Budget.
RECOMMENDATION:
1) Adopt the proposed Resolution ordering the submission to the qualified electors of the
City a measure relating to the establishment of a local transactions and use tax
(hereinafter referred to as a "sales tax") at the General Municipal Election to be held on
Tuesday, November 8, 2022, as called by Resolution; 2) Introduce the proposed
Ordinance adding Chapter 3.23 to Title 3 of the Arroyo Grande Municipal Code regarding
a transactions and use tax; 3) Adopt the proposed Resolution setting priorities for filing a
Page 345 of 386
Item 11.b.
City Council
Consideration of Placing a Local Transactions and Use Tax (“Sales Tax”) Measure
on the November 8, 2022 Ballot
May 24, 2022
Page 2
written argument regarding a City measure and directing the City Attorney to prepare an
impartial analysis of the measure; 4) Adopt the proposed Resolution providing for the
filing of rebuttal arguments for City measures submitted at municipal elections; and 5)
Approve the argument to be submitted in favor of the measure.
BACKGROUND:
On May 28, 2019, the City Council discussed the City’s revenue and potential
opportunities to increase revenue in the face of rising business costs. At that time, the
staff report recognized the work of previous assessments of unfunded or severely
underfunded needs for core City infrastructure, including pavement (roads and parking
lots), sidewalks, drainage facilities, parks, and government buildings (Attachment 9).
These assessments indicated that, at the time, the City needed to invest an additional
$2.4 million annually to maintain existing facilities. It was also noted that this investment
would still result in a decrease in the pavement condition index (PCI) of the City’s existing
street infrastructure over time and that an additional $1.16 million would be needed to
keep the PCI at 70 and avoid larger maintenance costs in the future. Together, these
needs totaled over $3.5 million in unfunded annual infrastructure maintenance in May
2019.
Following discussion on May 28, 2019, Council directed staff to seek more information
about community surveys and the ballot measure process for a potential local sales tax
increase. Further information was provided regarding community survey options on
August 13, 2019, and Council authorized the City Manager to select a professional
research firm to conduct a statistically valid voter opinion survey of Arroyo Grande voters.
On January 28, 2020, Council received a presentation of the community survey results
from True North Research (Attachment 8). The survey conducted by True North Research
evaluated community interest in a local (City of Arroyo Grande) sales tax revenue
measure. The survey consisted of a statistically valid sample of residents (541 residents
were surveyed) to objectively evaluate the viability of passing a local ballot measure and
to understand voter’s preferences for the funds raised. The survey found that Arroyo
Grande voters, at that time, have a high opinion of the quality of life in the City and that
they value the services they receive from the City. Together, according to the survey,
these sentiments translated into “solid natural support (57%)” for establishing a one
percent local sales tax to provide funding for general City services.
In the survey, when presented with a list of services that could be funded by the sales tax
measure, voters were most interested in using the money to:
Maintain local streets and repair potholes.
Repair and maintain public buildings and infrastructure including sidewalks, curbs,
flood prevention infrastructure, and storm drains.
Maintain parks and recreation facilities including Soto S ports complex, courts,
fields, playgrounds, and community centers.
Page 346 of 386
Item 11.b.
City Council
Consideration of Placing a Local Transactions and Use Tax (“Sales Tax”) Measure
on the November 8, 2022 Ballot
May 24, 2022
Page 3
Provide fire protection and emergency medical response services, including police
patrols, drug and crime prevention, fire, emergency medical, and 9-1-1 emergency
response.
Maintain street, sidewalk, and pothole maintenance.
Address impacts from homelessness.
Maintain parks, recreation, childcare, and senior programs.
At its June 23, 2020 meeting, the City Council received a comprehensive presentation
regarding a proposed revenue measure to address the City’s future funding needs and
provided direction to staff to prepare a proposed 1% (increasing from 7.75% to 8.75%)
local sales tax revenue measure for the November 3, 2020 ballot (Attachment 7). On July
14, 2020, the City Council considered placing the Local Transaction and Use Tax
Measure on the November 3, 2020 Ballot. Extensive Council discussion ensued and,
ultimately, Council did not direct pursuit of a measure at that time, primarily due to the
unknown financial impacts on the City’s residents as a result of the COVID-19 pandemic.
On April 27, 2021, the City Council considered and established goals and priorities for
incorporation into the upcoming Biennial Budget. The adopted goals and priories were
included within the Fiscal Years 2021-23 Biennial Budget and addressed three broad
categories:
Investing in the Future
Investing in City Infrastructure and Facilities
Investing in People.
Within the “Investing in City Infrastructure and Facilities” category, an item was included
to “identify and pursue short- and long-term funding mechanisms, such as a sales tax
measure, for pavement maintenance and other infrastructure maintenance needs.”
At its April 26, 2022 meeting, the City Council received a comprehensive report and
presentation regarding the City’s pavement, sidewalk, and stormwater infrastructure
maintenance needs and options for financing those needs, including a potential general
revenue sales tax measure. (Attachment 6). As explained in the staff report, in February
2022, the City contracted with Pavement Engineering Inc. (PEI) to update the City’s
Pavement Management System. The final report was received on April 21, 2022, and
presented to the City Council at its April 26, 2022 meeting.
The City currently maintains approximately 67.5 centerline miles of roads representing
13,922,291 square feet of pavement with a replacement value of approximately
$313,566,000 as calculated by StreetSaver. The City has a comprehensive Pavement
Management Plan (PMP) and, on February 14, 2017, the City Council endorsed the
“Critical Point Management” methodology for the City’s Pavement Management System
(PMS). The Critical Point Strategy approach selects the road segments for repair or
resurfacing that are at a “critical point” of deterioration. The critical point is a point located
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Item 11.b.
City Council
Consideration of Placing a Local Transactions and Use Tax (“Sales Tax”) Measure
on the November 8, 2022 Ballot
May 24, 2022
Page 4
on the pavement deterioration graph which indicates the Pavement Condition Index (PCI)
value is about to drop to a level which would trigger a more expensive m aintenance or
rehabilitation approach. The Critical Point Strategy is a long-range methodology that
maintains and improves roadways before they slip into a PCI range that reflects costlier
repairs.
As reported in the 2022 Pavement Management Program Upda te, despite past efforts,
the condition of the City’s streets has declined. On a pavement condition scale of 0 to
100, the City’s streets now rank an average PCI of 56, down from an average PCI of 69
in 2016. As explained in the April 26, 2022 staff report, in order to maintain an overall PCI
of “Fair” (PCI range of 51 to 70), approximately $6.25 million is needed annually to
maintain the City’s current pavement PCI. However, the City has historically only been
able to allocate approximately $1.25 million annually to pavement maintenance from its
existing revenue sources.
PEI generated five (5) scenario projections of future pavement conditions in the City and
the costs to obtain and maintain those conditions over the course of ten years, which
were presented in the April 26, 2022 staff report as follows:
Chart 1
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Item 11.b.
City Council
Consideration of Placing a Local Transactions and Use Tax (“Sales Tax”) Measure
on the November 8, 2022 Ballot
May 24, 2022
Page 5
At the current funding level of $1.25M/Yr., it is predicted the PCI of the entire system will
continue to deteriorate from 56 to 35, a 21 PCI point drop over the next 10 years, and the
backlog of deferred maintenance will grow from $70 million to $209 million, an increase
of 197%. A PCI of 35 falls within the Poor Condition category. An example of a 35 PCI is
Brighton Avenue, between Courtland and North Elm Street. Streets that have fallen into
the Poor Condition Category require more expensive repair treatments such as light to
heavy rehabilitation as opposed to lower cost light to heavy maintenance treatments. In
addition, when repairs are deferred, they fall into a deferred maintenance backlog that
creates a vicious cycle. As necessary repairs are postponed, streets start to deteriorate
requiring more expensive repair treatments. The outcome of this situation was depicted
in the April 26, 2022 staff report as follows:
Chart 2
Funding for the City’s annual street repairs program is provided through a combination of
state, regional, and local funding sources, including local sales tax revenue. In 2006,
Arroyo Grande voters approved Measure O-06, creating a half percent local transactions
and use tax and bringing the overall sales tax rate in Arroyo Grande to 7.75%. This half
cent sales tax currently generates approximately $2.5 million annually. The revenue from
this measure has been used to fund street and park improvements, public safety services,
drainage improvements, City facilities, and transportation projects. To ensure
Page 349 of 386
Item 11.b.
City Council
Consideration of Placing a Local Transactions and Use Tax (“Sales Tax”) Measure
on the November 8, 2022 Ballot
May 24, 2022
Page 6
accountability, Measure O-06 required: 1) the City to publish and distribute an annual report
to each household on the revenues and expenditures from the sales tax proceeds; and 2) a
review and public hearing by the City Council every five years to determine whether the
sales tax is necessary to remain in effect. The City has completed these steps since
Measure O-06 was approved and went into effect in April 2007. The most recent 5-year
report covering the period of July 2016 through June 2021 and the public hearing to
consider continuation of the local sales tax will be conducted at the May 24, 2022 City
Council meeting (the same date as this item).
Based on the identified needs and current funding sources available to the City for its
pavement maintenance, it was explained in the April 26, 2022 staff report that there are
no long-term options available that can overcome the condition and replacement cost of
the City's streets without a new and significant source of income .
Additionally, the April 26, 2022 report described ongoing and deferred maintenance
needs for the City’s sidewalks and stormwater infrastructure. In 2016, City Public Works
staff completed a deferred maintenance assessment that identified each sidewalk
segment in need of repair and estimated a total cost of $1,346,250 to repair all sidewalk
defects in the City. Since 2016, the City has been able to allocate an average of $120,000
annually to sidewalk repairs. Funding for sidewalk repairs is provided almost entirely from
local sales tax revenue, with occasional funds (e.g. up to $50,000 in FY 2018-19) provided
by regional State Highway Account (SHA) grant.
Similarly, stormwater infrastructure repairs are not paid for through the City’s Water and
Wastewater Enterprise Funds and have, instead, been funded through the CIP Budget
using local sales tax revenue. The City’s existing stormwater infrastructure requires
constant repair, replacement, and maintenance. According to a 2016 assessment of the
City’s existing drainage facilities, $238,000 is needed annually to complete necessary
improvements to avoid costly failures and areas of flooding. On average, the City has
been able to allocate $100,000 to these improvements. Additionally, the City has
approximately 2.57 miles of existing corrugated metal pipe (CMP) facilities, which are
aging and will require lining or replacement before they fail. It is estimated that lining of
the City’s existing CMPs will cost approximately $4 million. Although the City has
allocated $500,000 in American Rescue Plan Act funding toward CMP lining, it is
anticipated that an additional $3.5 million is needed to complete the lining. The April 26,
2022 staff report explained that revenue from a new sales tax measure will enable the
City to better fund these needed improvements.
Staff’s presentation provided during the April 26, 2022 discussion also included a
description of the distinction between a special tax and a general revenue tax. While a
general revenue measure raises revenue for general government purposes and is subject
to a majority (50% +1) vote for approval, a special tax earmarks the funding for a specific
or single purpose and is subject to a 2/3rds (66.66%) vote for approval. According to
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Item 11.b.
City Council
Consideration of Placing a Local Transactions and Use Tax (“Sales Tax”) Measure
on the November 8, 2022 Ballot
May 24, 2022
Page 7
information provided by California City Finance, results of 2020 local sales tax measures
in California included the following:
14 City Special Tax Measures – 6 passed (42.8% passage rate)
132 City General Tax Measures – 108 passed (82.8% passage rate)
By comparison, Measure O-06 passed with 50.11% approval. It was noted that significant
assistance from the public would be needed to advocate for passage of a special tax to
meet the 2/3rds approval threshold.
Additionally, staff recommended that a potential new 1% sales tax measure include the
following provisions that provide accountability and transparency, consistent with the
practices included in Measure O-06:
Publication of an Annual Local Sales Tax Allocation Report
Public hearing to determine ongoing necessity for the tax every 5 years
Following consideration and discussion of the presentation on April 26, 2022, t he City
Council provided direction to staff to prepare a proposed 1% (increasing from 7.75% to
8.75%) local sales tax revenue measure for the November 8, 2022 ballot.
ANALYSIS OF ISSUES:
The City Council has received information and discussed the City’s revenue and potential
opportunities to increase revenue in the face of rising costs. The revenue from a new 1%
local sales tax measure would be deposited into the General Fund and may be us ed for
any lawful purpose, as designated by the City Council, and may be allocated towards
maintaining the City’s streets, sidewalks, and stormwater infrastructure , as well as for
other City programs and services. If approved, the proposed sales tax measure would
generate approximately $5.6 million annually and is intended to augment the existing
Measure O-06 local sales tax fund created in 2006. City staff met recently with HdL, the
City’s Sales Tax Consultant, to review the October through December 2021 a ctual sales
tax revenues received and to discuss projections for the remaining fiscal year. HdL
provided Measure O-06 projections for FY 2021-22, which are now expected to be
$2,797,000. With this updated information, City staff have included language in the
proposed measure to reflect an estimated $5.6 million ($2,797,000 x 2 =$5,594,000) in
additional revenue to the City if the voters approve the measure. This updated estimate
is an increase of $600,000 compared to the total anticipated revenue discussed at the
April 26, 2022 Council Meeting.
Funding received from a new sales tax measure would allow the City to expand its
increasingly underfunded Capital Improvement Projects (CIP) and public facility
maintenance funds including the City’s Annual Street Repairs Program, Annual Concrete
(Sidewalks) Repairs Program, and maintenance of storm water and drainage systems,
as well as provide funds for other City programs and facilities.
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Item 11.b.
City Council
Consideration of Placing a Local Transactions and Use Tax (“Sales Tax”) Measure
on the November 8, 2022 Ballot
May 24, 2022
Page 8
The potential additional funding for these important annual projects would result in more
miles of street rehabilitation, more sidewalk repairs and more rehabilitation of aging storm
drain piping.
Structure of the Sales Tax Measure
Following discussion at the April 26, 2022 meeting, the Council provided feedback and
direction regarding a proposed 1% general sales tax measure to address the City’s future
funding needs for critical City infrastructure, including maintenance and repair of streets,
sidewalks, potholes, stormwater and drainage facilities, as well as other underfunded City
programs and facilities.
In order to place a tax measure on the November 8, 2022 ballot, a 2/3 vote of the City
Council (at least 4 members) must approve the proposed Resolutions and Ordinance.
Revenue and Taxation Code Section 7285.9 authorizes the City to increase a
transactions and use tax for general purposes, and provides that the ordinance proposing
the tax is to be approved by a two-thirds vote of all members of that governing body and
the tax also has to be approved by a majority vote of the qualified voters of the City voting
in an election on the issue. Likewise, for general taxes , Government Code Section
53724(b) provides that the ordinance or resolution proposing the tax has to be approved
by a 2/3rd vote of the legislative body.
The proposed measure includes provisions for citizen review of reported revenue and
expenditures to establish accountability and transparency, which is important when
structuring government operations to maintain trust and efficiency. First, consistent with
Measure O-06 funds, the measure will require the City to mail to every household an
annual report of prior year expenditures and proposed expenditure of the additional sales
tax proceeds for the following year. Second, the City Council will be required to conduct
a review and public hearing every five (5) years to determine if the sales tax is still
necessary. If other funding sources became available to replace the sales tax revenue,
the City Council would have the authority to reduce or eliminate the local sales tax
amount.
Ballot language has also been prepared to comply with the requirements of law. Elections
Code Section 13119(b) and (c) provides as follows:
(b) If the proposed measure imposes a tax or raises the rate of a tax, the
ballot shall include in the statement of the measure to be voted on the
amount of money to be raised annually and the rate and duration of the tax
to be levied.
Page 352 of 386
Item 11.b.
City Council
Consideration of Placing a Local Transactions and Use Tax (“Sales Tax”) Measure
on the November 8, 2022 Ballot
May 24, 2022
Page 9
(c) The statement of the measure shall be a true and impartial synopsis of
the purpose of the proposed measure, and shall be in language that is
neither argumentative nor likely to create prejudice for or against the
measure.
Accordingly, the following language has been developed for the ballot measure, which is
also limited to only 75 words:
To provide funding for general governmental use in Arroyo Grande,
including maintenance and repair of streets, sidewalks, stormwater and
drainage facilities, and for other City programs and facilities, shall an
ordinance establishing a one percent sales tax be adopted, providing
approximately $5,600,000 annually until ended by the City Council and
requiring annual reports on revenues and expenditures, and review and
public hearing by the City Council every five years on its necessity?
The proposed Ordinance, Resolutions, and Ballot Argument have been prepared and are
included with this report for consideration (Attachments 1-5). It is recommended the
Council introduce the Ordinance, adopt the Resolutions, and approve the Ballot Argument
as presented for placement on the November 8, 2022 ballot. It should be noted that, if
successfully introduced, the Ordinance will be considered for adoption at the June 14,
2022 City Council meeting.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolutions, introduce the Ordinance, and approve the Ballot Argument
pertaining to the placement of a ballot measure on the November 8, 2022 ballot;
2. Modify and adopt the Resolutions and introduce the Ordinance and/or make
changes to and approve the Ballot Argument; or
3. Provide other direction to staff.
ADVANTAGES:
Adoption of the proposed Resolutions and Ordinance, and approval of the Ballot
Argument will meet the provisions required by the California Elections, Revenue and
Taxation, and Government Codes for submitting to the voters a measure relating to the
establishment of a local sales tax in the City.
DISADVANTAGES:
There are no identified disadvantages related to proposed actions as they are required
by State law in order to place a measure on the ballot.
Page 353 of 386
Item 11.b.
City Council
Consideration of Placing a Local Transactions and Use Tax (“Sales Tax”) Measure
on the November 8, 2022 Ballot
May 24, 2022
Page 10
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. A notice regarding the placement of a measure on
the November 2022 ballot will be published pursuant to the timeline prescribed by the
Elections Code.
Attachments:
1. Proposed Resolution – Ordering the Submission to Electors
2. Proposed Ordinance
3. Proposed Resolution – Setting Priorities for Filing Arguments
4. Proposed Resolution – Filing of Rebuttal Arguments
5. Proposed Argument in Favor of Measure
6. April 26, 2022 Staff Report and Attachments
7. June 23, 2020 Staff Report and Attachments
8. January 28, 2020 Staff Report and Attachments
9. May 28, 2019 Staff Report and Attachments
Page 354 of 386
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ORDERING THE SUBMISSION TO
THE QUALIFIED ELECTORS OF THE CITY A MEASURE
RELATING TO THE ESTABLISHMENT OF A LOCAL
TRANSACTION AND USE TAX (SALES TAX) AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2022, AS CALLED BY
RESOLUTION NO. ___
WHEREAS, while the City of Arroyo Grande is fortunate to have a diversified source of
revenues to provide enhanced public services to its residents, businesses and visitors,
despite fiscal prudence over the past decade it has been significantly and adversely
impacted by growth in operating costs to provide municipal services and facilities that are
not matched by projected increases in current levels and types of revenues; and
WHEREAS, the City continues to have unfunded or severely underfunded needs to core
City infrastructure, including maintenance and repair of streets, sidewalks, potholes,
stormwater and drainage facilities, as well as other underfunded City pro grams and
projects; and
WHEREAS, the City of Arroyo Grande is committed to securing local sources of future
revenue to fund these vital general City services and provide fiscal sustainability; and
WHEREAS, pursuant to California Elections Code section 9222, the City Council has
authority to place measures on the ballot to be considered at a General Municipal Election
and desires to place a local funding measure on the ballot at the consolidated Statewide
General Election on November 8, 2022; and
WHEREAS, the funding raised by this measure will allow the City to: keep up with basic
repairs and maintenance to public facilities, storm drains, streets, and sidewalks and
avoid more expensive repairs in the future, and provide for other needed City programs
and services; and
WHEREAS, pursuant to the law of the State of California, a General Municipal Election to
be held in the City of Arroyo Grande (“City”) on November 8, 2022, for the election of
certain officers of the City has been called per Resolution No.___; and
WHEREAS, a request for consolidating the General Municipal Election with the Statewid e
General Election on November 8, 2022 has been called per Resolution No.___; and
WHEREAS, Revenue and Taxation Code section 7285.9 authorizes the City, subject to
approval by a majority vote of the qualified voters of the City voting in an election on the
issue, to levy a transactions and use tax pursuant to the Transactions and Use Tax Law at
a rate of 0.125% or any multiple thereof for general purposes and projects; and
Page 355 of 386
RESOLUTION NO.
PAGE 2
WHEREAS, Section 2(b) of Article XIII C of the California Constitution, added by
Proposition 218 effective November, 1996, requires that the measure proposing a general
tax be submitted to the voters at an election consolidated with a regularly scheduled
general election for members of the governing body of the local government; and
WHEREAS, pursuant to California Constitution Article XIII C, section 2 and Elections
Code section 10201, the City has determined to submit a measure to enact an ordinance
establishing a transactions and use tax to the voters at the City’s next regular election;
and
WHEREAS, pursuant to Government Code Section 53724(b) and Revenue & Ta xation
Code Section 7285.9, the ordinance proposing the transactions and use tax, attached to
this Resolution as Exhibit A, requires approval by a two-thirds (2/3) vote of all members
of the City Council and approval of the ballot measure and the ordinance by majority of
the voters casting votes at the General Municipal Election on November 8, 2022; and
WHEREAS, if the measure is approved, the City Council also desires to continue its
practice of receiving community input on the use of additional revenues generated by the
additional sales tax revenues.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are
true and correct and are incorporated herein by this reference.
SECTION 2. Under the provisions of the California Elections Code, the City Council,
pursuant to its right and authority, does order submitted to the voters at the General
Municipal Election to be held on November 8, 2022, the following question:
CITY OF ARROYO GRANDE
MEASURE ___
To provide funding for general governmental use
in Arroyo Grande, including maintenance and
repair of streets, sidewalks, stormwater and
drainage facilities, and for other City programs
and facilities, shall an ordinance establishing a
one percent sales tax be adopted, providing
approximately $5,600,000 annually until ended
by the City Council and requiring annual reports
on revenues and expenditures, and review and
public hearing by the City Council every five
years on its necessity?
YES
NO
SECTION 3. That the full text of the measure is attached hereto as Exhibit A and
Page 356 of 386
RESOLUTION NO.
PAGE 3
incorporated herein, and should said measure be approved by the requisite vote, the
ordinance shall be enacted.
SECTION 4. All persons qualified to vote at municipal elections in the City on the day of
the election herein provided for shall be qualified to vote on the measure hereby
submitted at the General Municipal Election.
SECTION 5. In all particulars not recited in this Resolution, the election shall be held
and conducted as provided by law for holding general municipal elections in the City.
SECTION 6. Notice of the time and place of holding the General Municipal Election is
given and the City Clerk is authorized, instructed and directed to give further or
additional notice of the election, in the time, form and manner as required by law.
SECTION 7. If any section, subsection, sentence, clause, phrase or provision of this
Resolution or the application thereof to any person or circumstances is held invalid or
unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
to this end the provisions of this Resolution are declared to be severable. The City
Council hereby declares that it would have passed this Resolution and each section,
subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases or provisions
thereof be declared invalid or unconstitutional.
SECTION 8. This Resolution shall take effect immediately upon its adoption by a
two-thirds vote of the members of the City Council.
SECTION 9. The City Clerk of the City of Arroyo Grande is hereby directed to certify
to the passage and adoption of this Resolution and to file a certified copy of this
Resolution with the Board of Supervisors of San Luis Obispo County and the
Registrar of Voters of San Luis Obispo County at least eighty-eight (88) days before
the date of the election.
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 24th day of May, 2022.
Page 357 of 386
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 358 of 386
RESOLUTION NO.
PAGE 5
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
ADDING CHAPTER 3.23 TO TITLE 3 OF THE ARROYO
GRANDE MUNICIPAL CODE RELATED TO A
TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY
THE CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION
WHEREAS, Revenue and Taxation Code section 7285.9 authorizes the City of Arroyo
Grande (“City”), subject to approval by a majority vote of the qualified voters of the City
voting in an election on the issue, to levy a transactions and use tax pursuant to the
Transactions and Use Tax Law at a rate of 0.125% or any multiple thereof for general
purposes and projects; and
WHEREAS, Section 2(b) of Article XIII C of the California Constitution, added by
Proposition 218 effective November, 1996, requires that the measure proposing a
general tax be submitted to the voters at an election consolidated with a regularly
scheduled general election for members of the governing body of the local government;
and
WHEREAS, pursuant to California Constitution Article XIII C, section 2 and Elections
Code section 10201, the City has determined to submit a proposition to enact an
ordinance establishing a transactions and use tax to the voters at the City’s next regular
election; and
WHEREAS, pursuant to California Elections Code section 9222, the City Council has
authority to place measures on the ballot to be considered at a General Municipal
Election and desires to place a local funding measure on the ballot at the statewide
general election on November 8, 2022; and
WHEREAS, pursuant to Government Code Section 53724(b) and Revenue & Taxation
Code Section 7285.9, this ordinance proposing the transactions and use tax requires
approval by a two-thirds (2/3) vote of all members of the City Council and approval of
the ballot measure and the ordinance by majority of the voters casting votes at the
General Municipal Election on November 8, 2022.
THE PEOPLE OF THE CITY OF ARROYO GRANDE, CALIFORNIA DO HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Addition of Chapter 3.23. Chapter 3.23 is hereby added to Title 3 of
the Arroyo Grande Municipal Code to read as follows:
Chapter 3.23 - TRANSACTIONS AND USE TAX.
Page 359 of 386
RESOLUTION NO.
PAGE 6
3.23.010 - Short title.
This chapter shall be known as the “Transactions and Use Tax” and shall
be applicable in the incorporated territory of the City of Arroyo Grande
(“city”). This chapter shall complement, and not replace or supersede,
the city’s existing sales and use tax, as such tax is described in Chapter
3.20 and existing transaction and use tax Chapter 3.22 of Title 3 of the
Arroyo Grande Municipal Code.
3.23.020 - Definitions.
For the purpose of this chapter the following words terms shall
have the meaning given in this section:
“In the city” means and includes all territory within the city limits.
“Operative Date” means the first day of the first calendar quarter
commencing more than 110 days after the later of the adoption of thi s
chapter and the approval by the voters of the city of a measure approving
the imposition of an increased transactions and use tax; provided that, if
the city shall not have entered into a contract with the California
Department of Tax and Fee Administration as required by section
3.11.040 prior to such date, the operative date shall be the first day of the
first calendar quarter following the execution of such a contract.
3.23.030 - Purpose.
This chapter of the Arroyo Grande Municipal Code has been
adopted for the following purposes, and directs that the provisions hereof
be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance
with the provisions of Part 1.6 (commencing with Section 7251) of
Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part
1.7 of Division 2, which authorizes the city to adopt this tax. This chapter
shall be operative if a majority of the electors voting on the measure vote
to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax that incorporates
provisions identical to those of the Sales and Use Tax Law of the State
of California insofar as those provisions are not inconsistent with the
requirements and limitations contained in Part 1.6 of Division 2 of the
Revenue and Taxation Code.
C. To adopt a retail transactions and use tax that imposes a
tax and provides a measure therefor that can be administered and
Page 360 of 386
RESOLUTION NO.
PAGE 7
collected by the California Department of Tax and Fee Administration in
a manner that adapts itself as fully as practicable to, and requires the
least possible deviation from, the existing statutory and administrative
procedures followed by the California Department of Tax and Fee
Administration in administering and collecting the California State Sales
and Use Taxes.
D. To adopt a retail transactions and use tax that can be
administered in a manner that will, to the greatest degree possible, be
consistent with the provisions of Part1.6 of Division 2 of the said Revenue
and Taxation Code, and thereby minimize the cost of collecting city
transactions and use taxes, and at the same time minimize the burden of
record keeping upon persons subject to taxation under the provisions
thereof.
3.23.040 - Contract with state.
Prior to the operative date, the city shall contract with the
California Department of Tax and Fee Administration to perform all
functions incidental to the administration and operation of this
transactions and use tax ordinance. If the city has not contracted with the
California Department of Tax and Fee Administration prior to the
operative date, it shall nevertheless so contract and in such a case, the
operative date shall be the first day of the first calendar quarter following
the execution of such a contract. The city council may make any technical
amendments to this chapter required by the California Department of Tax
and Fee Administration, except for any changes affecting the tax rate, tax
methodology, or its manner of collection.
3.23.050 - Imposition of transactions and use tax – Rate.
For the privilege of selling tangible personal property at retail, a
tax is hereby imposed upon all retailers in the incorporated territory of the
city at the rate of one percent (1%) of the gross receipts of any retailer
from the sale of all tangible personal property sold at retail in the city on
and after the operative date of this chapter.
3.23.060 - Place of sale.
For the purposes of this chapter, all retail sales are consummated
at the place of business of the retailer, unless the tangible personal
property sold is delivered by the retailer or his agent to an out-of-state
destination or to a common carrier for delivery to an out-of-state
destination. The gross receipts from such sales shall include delivery
charges, when such charges are subject to the state sales and use tax,
regardless of the place to which delivery is made. In the event a retailer
has no permanent place of business in the state or has more than one
place of business, the place or places at which the retail sales are
Page 361 of 386
RESOLUTION NO.
PAGE 8
consummated shall be determined under rules and regulations to be
prescribed and adopted by the California Department of Tax and Fee
Administration.
3.23.070 - Imposition of use tax – Use tax rate.
An excise tax is hereby imposed on the storage, use, or other
consumption in the city of tangible personal property purchased from any
retailer on or after the operative date of this chapter for storage, use or
other consumption in said territory at the rate of one percent (1%) of the
sales price of the property subject to the tax. The sales price shall include
delivery charges when such charges are subject to state sales or use tax
regardless of the place to which delivery is made.
3.23.080 - Adoption of provisions of state law – Generally.
Except as otherwise provided in the chapter and except insofar as
they are inconsistent with the provisions of Part 1.6 of Division 2 of the
Revenue and Taxation Code, all of the provisions of Part 1 (commencing
with § 6001) of Division 2 of the Revenue and Taxation Code are hereby
adopted and made a part of this chapter as though fully set forth herein.
3.23.090 - Adoption of provisions of state law – Limitations;
Limitations on collection of use taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue
and Taxation Code:
A. Wherever the State of California is named or referred to as
the taxing agency, the name of this City shall be substituted therefore.
However, the substitution shall not be made when:
1. The word “State” is used as a part of the title of the
State Controller, State Treasurer, State Treasury, or the Constitution of
the State of California;
2. The result of that substitution would require action to
be taken by or against this city or any agency, officer, or employee thereof
rather than by or against the California Department of Tax and Fee
Administration, in performing the functions incident to the administration
or operation of this chapter.
3. In those sections, including, but not necessarily
limited to sections referring to the exterior boundaries of the State of
California, where the result of the substitution would be to:
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a. Provide an exemption from this tax with
respect to certain sales, storage, use or other consumption of tangible
personal property which would not otherwise be exempt from this tax
while such sales, storage, use or other consumption remain subject to
tax by the state under the provisions of Part 1 of Division 2 of the
Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales,
storage, use or other consumption of tangible personal property which
would not be subject to tax by the state under the said provision of that
code.
4. In Sections 6701, 6702 (except in the last sentence
thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation
Code.
B. The word “city” shall be substituted for the word “State” in
the phrase “retailer engaged in business in this State” in Section 6203
and in the definition of that phrase in Section 6203.
3.23.100 - Permit not required.
If a seller’s permit has been issued to a retailer under Section 6067
of the Revenue and Taxation Code, an additional transactor’s permit shall
not be required by this chapter.
3.23.110 - Exemptions and exclusions.
A. Measure of Tax. There shall be excluded from the measure
of the transactions and use tax the amount of any sales tax or use tax
imposed by the State of California or by any city, city and county, or
county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax
Law or the amount of any state-administered transactions or use tax.
B. Transactions Tax Exemptions. There are exempted from
the computation of the amount of transactions tax the gross receipts
from:
1. Sales of tangible personal property, other than fuel
or petroleum products, to operators of aircraft to be used or consumed
principally outside the county in which the sale is made and directly and
exclusively in the use of such aircraft as common carriers of persons or
property under the authority of the laws of this State, the United States,
or any foreign government.
2. Sales of property to be used outside the city which
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is shipped to a point outside the city, pursuant to the contract of sale, by
delivery to such point by the retailer or his agent, or by delivery by the
retailer to a carrier for shipment to a consignee at such point. For the
purposes of this paragraph, delivery to a point outside the city shall be
satisfied:
a. With respect to vehicles (other than
commercial vehicles) subject to registration pursuant to Chapter 1
(commencing with Section 4000) of Division 3 of the Vehicle Code,
aircraft licensed in compliance with Section 21411 of the Public Utilities
Code, and undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code by registration to
an out-of-city address and by a declaration under penalty of perjury,
signed by the buyer, stating that such address is, in fact, his or her
principal place of residence; and
b. With respect to commercial vehicles, by
registration to a place of business out-of-city and declaration under
penalty of perjury, signed by the buyer, that the vehicle will be operated
from that address.
3. The sale of tangible personal property if the seller is
obligated to furnish the property for a fixed price pursuant to a contract
entered into prior to the operative date.
4. A lease of tangible personal property which is a
continuing sale of such property, for any period of time for which the
lessor is obligated to lease the property for an amount fixed by the lease
prior to the operative date.
5. For the purposes of subsections (3) and (4) of this
section, the sale or lease of tangible personal property shall be deemed
not to be obligated pursuant to a contract or lease for any period of time
for which any party to the contract or lease has the unconditional right to
terminate the contract or lease upon notice, whether or not such right is
exercised.
C. Use Tax Exemptions. There are exempted from the use tax
imposed by this chapter, the storage, use or other consumption in this
city of tangible personal property:
1. The gross receipts from the sale of which have been
subject to a transactions tax under any state-administered transactions
and use tax ordinance.
2. Other than fuel or petroleum products purchased by
operators of aircraft and used or consumed by such operators directly
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and exclusively in the use of such aircraft as common carriers of persons
or property for hire or compensation under a certificate of public
convenience and necessity issued pursuant to the laws of this State, the
United States, or any foreign government. This exemption is in addition
to the exemptions provided in Sections 6366 and 6366.1 of the Revenue
and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property
for a fixed price pursuant to a contract entered into prior to the operative
date.
4. If the possession of, or the exercise of any right or
power over, the tangible personal property arises under a lease which is
a continuing purchase of such property for any period of time for which
the lessee is obligated to lease the property for an amount fixed by a
lease prior to the operative date.
5. For the purposes of subsections (3) and (4) of this
section, storage, use, or other consumption, or possession of, or exercise
of any right or power over, tangible personal property shall be deemed
not to be obligated pursuant to a contract or lease for any period of time
for which any party to the contract or lease has the unconditional right to
terminate the contract or lease upon notice, whether or not such right is
exercised.
D. Exemption from Collection of Use Tax. Except as provided
in subsection (E), a retailer engaged in business in the city shall not be
required to collect use tax from the purchaser of tangible personal
property, unless the retailer ships or delivers the property into the city or
participates within the city in making the sale of the property, including,
but not limited to, soliciting or receiving the order, either directly or
indirectly, at a place of business of the retailer in the city or through any
representative, agent, canvasser, solicitor, subsidiary, or person in the
city under the authority of the retailer.
E. Retailer Not Exempt from Collection of Use Tax. “A retailer
engaged in business in the city” shall also include any retailer of any of
the following: vehicles subject to registration pursuant to Chapter 1
(commencing with Section 4000) of Division 3 of the Vehicle Code,
aircraft licensed in compliance with Section 21411 of the Public Utilities
Code, or undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code. That retailer shall
be required to collect use tax from any purchaser who registers or
licenses the vehicle, vessel, or aircraft at an address in the city.
F. Credit Against Use Tax for Transactions Tax Paid
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Elsewhere. Any person subject to use tax under this chapter may credit
against that tax any transactions tax or reimbursement for transactions
tax paid to a district imposing, or retailer liable for a transactions tax
pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with
respect to the sale to the person of the property the storage, use or other
consumption of which is subject to the use tax.
3.23.120 - Adoption of amendments to state law.
All amendments subsequent to the effective date of this chapter
to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales
and use taxes and which are not inconsistent with Part 1.6 and Part 1.7
of Division 2 of the Revenue and Taxation Code, and all amendments to
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code,
shall automatically become a part of this chapter, provided however, that
no such amendment shall operate so as to affect the rate of tax imposed
by this chapter.
3.23.130 - Enjoining collection prohibited.
No injunction or writ of mandate or other legal or equitable process
shall issue in any suit, action, or proceeding in any court against the State
or the city, or against any officer of the State or the city, to prevent or
enjoin the collection hereunder, or Parts 1.6 of Division 2 of the Revenue
and Taxation Code, of any tax or any amount of tax required to be
collected.
3.23.140. Annual Report.
City shall annually mail to each household an annual report, which
presents in summary form expenditures from the prior fiscal year from
revenue generated from the Transactions and Use Tax and budgeted
expenditures for the upcoming fiscal year.
3.23.150. Period Review.
The City Council shall consider reduction or repeal of the Transactions
and Use Tax at public hearings every five years after the effective date
of this ordinance.
SECTION 2. Use of Tax Proceeds. All proceeds of the tax levied and imposed
hereunder shall be accounted for and paid into the City of Arroyo Grande General
Fund, and may be used for any lawful purpose as designated by the City Council.
SECTION 3. Effective Date. Pursuant to the California Constitution Article XIIIC(2)(b)
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and California Elections Code 9217, if approved by a majority vote of the qualified
voters of the City voting on the issue at the November 8, 2022 General Municipal
Election, this ordinance shall be deemed valid and binding and shall be considered
adopted upon the date that the vote is declared by the City Council, and shall go into
effect ten (10) days after that date.
SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance
is for any reason held to be invalid or unconstitutional by a decision of a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
provisions of this Ordinance. The People of the City of Arroyo Grande hereby declare
that they would have adopted this Ordinance irrespective of the invalidity of any
particular portion thereof and intends that the invalid portions should be severed and
the balance of the Ordinance be enforced.
SECTION 5. Statutory Authority for Tax. This ordinance is adopted pursuant to
Revenue and Taxation Code section 7285.9.
SECTION 6. Codification. Upon adoption of this ordinance pursuant to the voter
approval referenced in this ordinance, the City Clerk is hereby authorized and directed
to codify this ordinance in the Arroyo Grande Municipal Code.
I HEREBY CERTIFY that the foregoing ordinance was adopted by a two-thirds vote of
all members of the City Council of the City of Arroyo Grande as required by Revenue
and Taxation Code Section 7285.9 and Government Code Section 53724 and
submitted to the voters at the meeting of the City Council held on the day of June,
2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
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_________________________________
CAREN RAY RUSSOM. MAYOR
ATTEST:
_________________________________
JESSICA MATSON, CITY CLERK
Ordinance No. ____ was submitted to the People of the City of Arroyo Grande at the
November 8, 2022 General Election. It is hereby certified that this ordinance was passed
and approved by following vote of the People of the City of Arroyo Grande:
YES:
NO:
This ordinance was thereby adopted by the voters at the November 8, 2022 General
Election and shall take effect as provided by law.
Page 368 of 386
ATTACHMENT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
ADDING CHAPTER 3.23 TO TITLE 3 OF THE ARROYO
GRANDE MUNICIPAL CODE RELATED TO A
TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY
THE CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION
WHEREAS, Revenue and Taxation Code section 7285.9 authorizes the City of Arroyo
Grande (“City”), subject to approval by a majority vote of the qualified voters of the City
voting in an election on the issue, to levy a transactions and use tax pursuant to the
Transactions and Use Tax Law at a rate of 0.125% or any multiple thereof for general
purposes and projects; and
WHEREAS, Section 2(b) of Article XIII C of the California Constitution, added by
Proposition 218 effective November, 1996, requires that the measure proposing a
general tax be submitted to the voters at an election consolidated with a regularly
scheduled general election for members of the governing body of the local government;
and
WHEREAS, pursuant to California Constitution Article XIII C, section 2 and Elections
Code section 10201, the City has determined to submit a proposition to enact an
ordinance establishing a transactions and use tax to the voters at the City’s next regular
election; and
WHEREAS, pursuant to California Elections Code section 9222, the City Council has
authority to place measures on the ballot to be considered at a General Municipal
Election and desires to place a local funding measure on the ballot at the statewide
general election on November 8, 2022; and
WHEREAS, pursuant to Government Code Section 53724(b) and Revenue & Taxation
Code Section 7285.9, this ordinance proposing the transactions and use tax requires
approval by a two-thirds (2/3) vote of all members of the City Council and approval of
the ballot measure and the ordinance by majority of the voters casting votes at the
General Municipal Election on November 8, 2022.
THE PEOPLE OF THE CITY OF ARROYO GRANDE, CALIFORNIA DO HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Addition of Chapter 3.23. Chapter 3.23 is hereby added to Title 3 of
the Arroyo Grande Municipal Code to read as follows:
Chapter 3.23 - TRANSACTIONS AND USE TAX.
3.23.010 - Short title.
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This chapter shall be known as the “Transactions and Use Tax” and shall
be applicable in the incorporated territory of the City of Arroyo Grande
(“city”). This chapter shall complement, and not replace or supersede,
the city’s existing sales and use tax, as such tax is described in Chapter
3.20 and existing transaction and use tax Chapter 3.22 of Title 3 of the
Arroyo Grande Municipal Code.
3.23.020 - Definitions.
For the purpose of this chapter the following words terms shall
have the meaning given in this section:
“In the city” means and includes all territory within the city limits.
“Operative Date” means the first day of the first calendar quarter
commencing more than 110 days after the later of the adoption of this
chapter and the approval by the voters of the city of a measure approving
the imposition of an increased transactions and use tax; provided that, if
the city shall not have entered into a contract with the California
Department of Tax and Fee Administration as required by section
3.11.040 prior to such date, the operative date shall be the first day of the
first calendar quarter following the execution of such a contract.
3.23.030 - Purpose.
This chapter of the Arroyo Grande Municipal Code has been
adopted for the following purposes, and directs that the provisions hereof
be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance
with the provisions of Part 1.6 (commencing with Section 7251) of
Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part
1.7 of Division 2, which authorizes the city to adopt this tax. This chapter
shall be operative if a majority of the electors voting on the measure vote
to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax that incorporates
provisions identical to those of the Sales and Use Tax Law of the State
of California insofar as those provisions are not inconsistent with the
requirements and limitations contained in Part 1.6 of Division 2 of the
Revenue and Taxation Code.
C. To adopt a retail transactions and use tax that imposes a
tax and provides a measure therefor that can be administered and
collected by the California Department of Tax and Fee Administration in
a manner that adapts itself as fully as practicable to, and requires the
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PAGE 3
least possible deviation from, the existing statutory and administrative
procedures followed by the California Department of Tax and Fee
Administration in administering and collecting the California State Sales
and Use Taxes.
D. To adopt a retail transactions and use tax that can be
administered in a manner that will, to the greatest degree possible, be
consistent with the provisions of Part1.6 of Division 2 of the said Revenue
and Taxation Code, and thereby minimize the cost of collecting city
transactions and use taxes, and at the same time minimize the burden of
record keeping upon persons subject to taxation under the provisions
thereof.
3.23.040 - Contract with state.
Prior to the operative date, the city shall contract with the
California Department of Tax and Fee Administration to perform all
functions incidental to the administration and operation of this
transactions and use tax ordinance. If the city has not contracted with the
California Department of Tax and Fee Administration prior to the
operative date, it shall nevertheless so contract and in such a case, the
operative date shall be the first day of the first calendar quarter following
the execution of such a contract. The city council may make any technical
amendments to this chapter required by the California Department of Tax
and Fee Administration, except for any changes affecting the tax rate, tax
methodology, or its manner of collection.
3.23.050 - Imposition of transactions and use tax – Rate.
For the privilege of selling tangible personal property at retail, a
tax is hereby imposed upon all retailers in the incorporated territory of the
city at the rate of one percent (1%) of the gross receipts of any retailer
from the sale of all tangible personal property sold at retail in the city on
and after the operative date of this chapter.
3.23.060 - Place of sale.
For the purposes of this chapter, all retail sales are consummated
at the place of business of the retailer, unless the tangible personal
property sold is delivered by the retailer or his agent to an out-of-state
destination or to a common carrier for delivery to an out-of-state
destination. The gross receipts from such sales shall include delivery
charges, when such charges are subject to the state sales and use tax,
regardless of the place to which delivery is made. In the event a retailer
has no permanent place of business in the state or has more than one
place of business, the place or places at which the retail sales are
consummated shall be determined under rules and regulations to be
Page 371 of 386
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prescribed and adopted by the California Department of Tax and Fee
Administration.
3.23.070 - Imposition of use tax – Use tax rate.
An excise tax is hereby imposed on the storage, use, or other
consumption in the city of tangible personal property purchased from any
retailer on or after the operative date of this chapter for storage, use or
other consumption in said territory at the rate of one percent (1%) of the
sales price of the property subject to the tax. The sales price shall include
delivery charges when such charges are subject to state sales or use tax
regardless of the place to which delivery is made.
3.23.080 - Adoption of provisions of state law – Generally.
Except as otherwise provided in the chapter and except insofar as
they are inconsistent with the provisions of Part 1.6 of Division 2 of the
Revenue and Taxation Code, all of the provisions of Part 1 (commencing
with § 6001) of Division 2 of the Revenue and Taxation Code are hereby
adopted and made a part of this chapter as though fully set forth herein.
3.23.090 - Adoption of provisions of state law – Limitations;
Limitations on collection of use taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue
and Taxation Code:
A. Wherever the State of California is named or referred to as
the taxing agency, the name of this City shall be substituted therefore.
However, the substitution shall not be made when:
1. The word “State” is used as a part of the title of the
State Controller, State Treasurer, State Treasury, or the Constitution of
the State of California;
2. The result of that substitution would require action to
be taken by or against this city or any agency, officer, or employee thereof
rather than by or against the California Department of Tax and Fee
Administration, in performing the functions incident to the administration
or operation of this chapter.
3. In those sections, including, but not necessarily
limited to sections referring to the exterior boundaries of the State of
California, where the result of the substitution would be to:
Page 372 of 386
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PAGE 5
a. Provide an exemption from this tax with
respect to certain sales, storage, use or other consumption of tangible
personal property which would not otherwise be exempt from this tax
while such sales, storage, use or other consumption remain subject to
tax by the state under the provisions of Part 1 of Division 2 of the
Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales,
storage, use or other consumption of tangible personal property which
would not be subject to tax by the state under the said provision of that
code.
4. In Sections 6701, 6702 (except in the last sentence
thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation
Code.
B. The word “city” shall be substituted for the word “State” in
the phrase “retailer engaged in business in this State” in Section 6203
and in the definition of that phrase in Section 6203.
3.23.100 - Permit not required.
If a seller’s permit has been issued to a retailer under Section 6067
of the Revenue and Taxation Code, an additional transactor’s permit shall
not be required by this chapter.
3.23.110 - Exemptions and exclusions.
A. Measure of Tax. There shall be excluded from the measure
of the transactions and use tax the amount of any sales tax or use tax
imposed by the State of California or by any city, city and county, or
county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax
Law or the amount of any state-administered transactions or use tax.
B. Transactions Tax Exemptions. There are exempted from
the computation of the amount of transactions tax the gross receipts
from:
1. Sales of tangible personal property, other than fuel
or petroleum products, to operators of aircraft to be used or consumed
principally outside the county in which the sale is made and directly and
exclusively in the use of such aircraft as common carriers of persons or
property under the authority of the laws of this State, the United States,
or any foreign government.
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2. Sales of property to be used outside the city which
is shipped to a point outside the city, pursuant to the contract of sale, by
delivery to such point by the retailer or his agent, or by delivery by the
retailer to a carrier for shipment to a consignee at such point. For the
purposes of this paragraph, delivery to a point outside the city shall be
satisfied:
a. With respect to vehicles (other than
commercial vehicles) subject to registration pursuant to Chapter 1
(commencing with Section 4000) of Division 3 of the Vehicle Code,
aircraft licensed in compliance with Section 21411 of the Public Utilities
Code, and undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code by registration to
an out-of-city address and by a declaration under penalty of perjury,
signed by the buyer, stating that such address is, in fact, his or her
principal place of residence; and
b. With respect to commercial vehicles, by
registration to a place of business out-of-city and declaration under
penalty of perjury, signed by the buyer, that the vehicle will be operated
from that address.
3. The sale of tangible personal property if the seller is
obligated to furnish the property for a fixed price pursuant to a contract
entered into prior to the operative date.
4. A lease of tangible personal property which is a
continuing sale of such property, for any period of time for which the
lessor is obligated to lease the property for an amount fixed by the lease
prior to the operative date.
5. For the purposes of subsections (3) and (4) of this
section, the sale or lease of tangible personal property shall be deemed
not to be obligated pursuant to a contract or lease for any period of time
for which any party to the contract or lease has the unconditional right to
terminate the contract or lease upon notice, whether or not such right is
exercised.
C. Use Tax Exemptions. There are exempted from the use tax
imposed by this chapter, the storage, use or other consumption in this
city of tangible personal property:
1. The gross receipts from the sale of which have been
subject to a transactions tax under any state-administered transactions
and use tax ordinance.
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2. Other than fuel or petroleum products purchased by
operators of aircraft and used or consumed by such operators directly
and exclusively in the use of such aircraft as common carriers of persons
or property for hire or compensation under a certificate of public
convenience and necessity issued pursuant to the laws of this State, the
United States, or any foreign government. This exemption is in addition
to the exemptions provided in Sections 6366 and 6366.1 of the Revenue
and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property
for a fixed price pursuant to a contract entered into prior to the operative
date.
4. If the possession of, or the exercise of any right or
power over, the tangible personal property arises under a lease which is
a continuing purchase of such property for any period of time for which
the lessee is obligated to lease the property for an amount fixed by a
lease prior to the operative date.
5. For the purposes of subsections (3) and (4) of this
section, storage, use, or other consumption, or possession of, or exercise
of any right or power over, tangible personal property shall be deemed
not to be obligated pursuant to a contract or lease for any period of time
for which any party to the contract or lease has the unconditional right to
terminate the contract or lease upon notice, whether or not such right is
exercised.
D. Exemption from Collection of Use Tax. Except as provided
in subsection (E), a retailer engaged in business in the city shall not be
required to collect use tax from the purchaser of tangible personal
property, unless the retailer ships or delivers the property into the city or
participates within the city in making the sale of the property, including,
but not limited to, soliciting or receiving the order, either directly or
indirectly, at a place of business of the retailer in the city or through any
representative, agent, canvasser, solicitor, subsidiary, or person in the
city under the authority of the retailer.
E. Retailer Not Exempt from Collection of Use Tax. “A retailer
engaged in business in the city” shall also include any retailer of any of
the following: vehicles subject to registration pursuant to Chapter 1
(commencing with Section 4000) of Division 3 of the Vehicle Code,
aircraft licensed in compliance with Section 21411 of the Public Utilities
Code, or undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Cod e. That retailer shall
be required to collect use tax from any purchaser who registers or
licenses the vehicle, vessel, or aircraft at an address in the city.
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F. Credit Against Use Tax for Transactions Tax Paid
Elsewhere. Any person subject to use tax under this chapter may credit
against that tax any transactions tax or reimbursement for transactions
tax paid to a district imposing, or retailer liable for a transactions tax
pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with
respect to the sale to the person of the property the storage, use or other
consumption of which is subject to the use tax.
3.23.120 - Adoption of amendments to state law.
All amendments subsequent to the effective date of this chapter
to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales
and use taxes and which are not inconsistent with Part 1.6 and Part 1.7
of Division 2 of the Revenue and Taxation Code, and all amendments to
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code,
shall automatically become a part of this chapter, provided however, that
no such amendment shall operate so as to affect the rate of tax imposed
by this chapter.
3.23.130 - Enjoining collection prohibited.
No injunction or writ of mandate or other legal or equitable process
shall issue in any suit, action, or proceeding in any court against the State
or the city, or against any officer of the State or the city, to prevent or
enjoin the collection hereunder, or Parts 1.6 of Division 2 of the Revenue
and Taxation Code, of any tax or any amount of tax required to be
collected.
3.23.140. Annual Report.
City shall annually mail to each household an annual report, which
presents in summary form expenditures from the prior fiscal year from
revenue generated from the Transactions and Use Tax and budgeted
expenditures for the upcoming fiscal year.
3.23.150. Period Review.
The City Council shall consider reduction or repeal of the Transactions
and Use Tax at public hearings every five years after the effe ctive date
of this ordinance.
SECTION 2. Use of Tax Proceeds. All proceeds of the tax levied and imposed
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hereunder shall be accounted for and paid into the City of Arroyo Grande General
Fund, and may be used for any lawful purpose as designated by the City Council.
SECTION 3. Effective Date. Pursuant to the California Constitution Article XIIIC(2)(b)
and California Elections Code 9217, if approved by a majority vote of the qualified
voters of the City voting on the issue at the November 8, 2022 General Municipal
Election, this ordinance shall be deemed valid and binding and shall be considered
adopted upon the date that the vote is declared by the City Council, and shall go into
effect ten (10) days after that date.
SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance
is for any reason held to be invalid or unconstitutional by a decision of a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
provisions of this Ordinance. The People of the City of Arroyo Grande hereby declare
that they would have adopted this Ordinance irrespective of the invalidity of any
particular portion thereof and intends that the invalid portions should be severed and
the balance of the Ordinance be enforced.
SECTION 5. Statutory Authority for Tax. This ordinance is adopted pursuant to
Revenue and Taxation Code section 7285.9.
SECTION 6. Codification. Upon adoption of this ordinance pursuant to the voter
approval referenced in this ordinance, the City Clerk is hereby authorized and directed
to codify this ordinance in the Arroyo Grande Municipal Code.
I HEREBY CERTIFY that the foregoing ordinance was adopted by a two-thirds vote of
all members of the City Council of the City of Arroyo Grande as required by Revenue
and Taxation Code Section 7285.9 and Government Code Section 53724 and
submitted to the voters at the meeting of the City Council held on the day of June,
2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
Page 377 of 386
ORDINANCE NO
PAGE 10
_________________________________
CAREN RAY RUSSOM. MAYOR
ATTEST:
_________________________________
JESSICA MATSON, CITY CLERK
Ordinance No. ____ was submitted to the People of the City of Arroyo Grande at the
November 8, 2022 General Election. It is hereby certified that this ordinance was passed
and approved by following vote of the People of the City of Arroyo Grande:
YES:
NO:
This ordinance was thereby adopted by the voters at the November 8, 2022 General
Election and shall take effect as provided by law.
Page 378 of 386
ATTACHMENT 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS REGARDING A CITY MEASURE
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Arroyo Grande,
California, on November 8, 2022, at which there will be submitted to the voters the
following measure:
CITY OF ARROYO GRANDE
MEASURE ___
To provide funding for general governmental use
in Arroyo Grande, including maintenance and
repair of streets, sidewalks, stormwater and
drainage facilities, and for other City programs
and facilities, shall an ordinance establishing a
one percent sales tax be adopted, providing
approximately $5,600,000 annually until ended
by the City Council and requiring annual reports
on revenues and expenditures, and review and
public hearing by the City Council every five
years on its necessity?
YES
NO
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. That the City Council, being the legislative body of the City of Arroyo Grande,
hereby authorizes:
Caren Ray Russom,
Lan George,
Kristen Barneich,
Jimmy Paulding, and
Keith Storton,
Members of that body, to file a written argument in favor of the City measure as specified
above, accompanied by the printed names and signatures of the authors submitting it, in
accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of
California, and to change the arguments until and including July 22, 2022, the date fixed
by the City Clerk after which no arguments for or against the City measure may be
submitted to the City Clerk.
Page 379 of 386
RESOLUTION NO.
PAGE 2
SECTION 2. That the City Council directs the City Clerk to transmit copies of the measure
to the City Attorney, unless the organization or salaries of the office of the City Attorney
are affected.
a. The City Attorney shall prepare an impartial analysis of the measure not
exceeding 500 words showing the effect of the measure on the existing law
and the operation of the measure. If the measure affects the organization or
salaries of the office of the City Attorney, the City Clerk shall prepare the
impartial analysis.
b. The analysis shall include a statement indicating that the measure was placed
on the ballot by the governing body of the City.
c. In the event the entire text of the measure is not printed on the ballot, nor in the
voter information portion of the voter information guide, there shall be printed
immediately below the impartial analysis, in no less than 10-point type, the
following: “The above statement is an impartial analysis of Measure __. If you
desire a copy of the measure, please call the election official’s office at 805-
473-5400 and a copy will be mailed at no cost to you.”
d. The impartial analysis shall be filed by July 22, 2022, the date set by the City
Clerk for the filing of primary arguments.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
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 24th day of May, 2022.
Page 380 of 386
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 381 of 386
ATTACHMENT 4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS FOR CITY MEASURES
SUBMITTED AT MUNICIPAL ELECTIONS
WHEREAS, Section 9282 of the Elections Code of the State of California provides for
written arguments to be filed in favor of or against city measures not to exceed 300 words
in length; and
WHEREAS, Section 9285 of the Elections Code of the State of California authorizes the
City Council by majority vote, to adopt provisions to provide for the filing of rebuttal
arguments for city measures submitted at municipal elections.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. That pursuant to Sections 9220 and 9285 of the Ele ctions Code of the State
of California, when the City Clerk has selected the arguments for and against the measure
which will be printed and distributed to the voters, the City Clerk shall send a copy of an
argument in favor of the measure to the authors of any argument against the measure,
and a copy of an argument against the measure to the authors of any argument in favor
of the measure immediately upon receiving the arguments.
The author or a majority of the authors of an argument relating to a city m easure
may prepare and submit a rebuttal argument not exceeding 250 words or may authorize
in writing any other person or persons to prepare, submit, or sign the rebuttal argument.
A rebuttal argument may not be signed by more than five.
The rebuttal arguments shall be filed with the City Clerk, signed, with the printed
name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an
organization, the name of the organization, and the printed name and signature of at least
one of its principal officers, not more than 10 days after the final date for filing direct
arguments. The rebuttal arguments shall be accompanied by the Form of Statement To
Be Filed By Author(s) of Argument.
Rebuttal arguments shall be printed in the same manne r as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument which it seeks to
rebut.
SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for
City measures are repealed.
SECTION 3. That the provisions of Section 1 shall apply only to the election to be held
on November 8, 2022, and shall then be repealed.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
Page 382 of 386
RESOLUTION NO.
PAGE 2
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 24th day of May, 2022.
Page 383 of 386
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 384 of 386
ATTACHMENT 5
ARGUMENT IN FAVOR OF MEASURE ___
Your “YES” vote on Measure ___ will provide important funding to meet local needs. The City has
maintained its current level of service by increasing the efficiency of its operations; however, it
cannot keep up with rapidly increasing public improvement costs and new State mandates, and
the City has reached a point where existing revenues cannot fund important projects. If passed,
Measure ___ will generate approximately $5.6 million in additional annual revenue to ensure
ongoing services and public improvements to benefit City residents, businesses, and visitors.
Of the current 7.75% sales tax rate, our City receives only 1%. Your “YES” vote will raise the
current rate to allow the City to receive 2% and thus provide for the community’s increasingly
underfunded capital improvement and public facility maintenance needs, including:
Street Repairs
Concrete (Sidewalk) Repairs
Potholes
Stormwater and Drainage Maintenance
And other needed City programs and facilities.
Your “YES” vote will result in safer streets and sidewalks, and more rehabilitation of aging storm
drains. Everyone who utilizes our infrastructure and services should contribute to these needs,
including those who live outside of the City. Your “YES” vote provides the most fair and
economical way to ensure this happens.
Your City government will be held accountable. Citizens will receive an annual report on the tax
revenue received and how it is spent. The City Council will conduct a public hearing every five
years to evaluate the success and effectiveness of the tax.
Measure ___ is important to meet current and future needs, maintain City infrastructure, and
preserve quality of life for our community. Your City Council urges you to vote “YES” on Measure
__.
______________________________ ______________________________
Caren Ray Russom, Mayor Lan George, Mayor Pro Tem
______________________________ ______________________________
Kristen Barneich, Council Member Jimmy Paulding, Council Member
______________________________
Keith Storton, Council Member
Page 385 of 386
ITEM 8.g.:
Attachment 6 – April 26, 2022 Staff Report and Attachments
Attachment 6 is available as links: https://pub-
arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=2223
https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=2224
https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=2225
https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=2226
Attachment 7 – June 23, 2020 Staff Report and Attachments
Attachment 7 is available as a link:
https://www.arroyogrande.org/AgendaCenter/ViewFile/Item/9858?fileID=15974
Attachment 8 – January 28, 2020 Staff Report and Attachments
Attachment 8 is available as a link:
https://www.arroyogrande.org/AgendaCenter/ViewFile/Item/9328?fileID=15620
Attachment 9 – May 28, 2019 Staff Report and Attachments
Attachment 9 is available as a link:
https://www.arroyogrande.org/AgendaCenter/ViewFile/Item/8526?fileID=15218
Page 386 of 386